Site Use

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Webmobyle (the “Enterprise”, under the creative works of Barnett Temwa [Systems Architect at Webmobyle]), maintains this website as a service to serve clients and to offer online resources to online visitors, and by using the site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to this website (the “Site”). This Agreement constitutes the entire and only agreement between the Enterprise and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by the Enterprise at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Fraud: By becoming a member on the Site, if such a facility is made available, you confirm that the information provided in the membership form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by the Enterprise in its sole discretion. If membership has been revoked, the Site reserves the right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. The Enterprise reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold the Enterprise and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE ENTERPRISE’S AFFILIATED PARTIES AND THE ENTERPRISE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, THE ENTERPRISE’S AFFILIATED PARTIES AND THE ENTERPRISE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ENTERPRISE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed. THE ENTERPRISE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THIS SITE. The Enterprise’s maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
10. Use of Information. The Enterprise reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with the Site’s Privacy Policy.
11. Third-Party Services. The Enterprise may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that the Enterprise does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. The Enterprise is not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE ENTERPRISE, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES IS THE ENTERPRISE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THIS SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. The Enterprise is not responsible for information provided by you to Merchants. The Merchants and the Enterprise are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
13. Privacy Policy. The Site’s Privacy Policy, as it may change from time to time, is a part of this Agreement.
14. Payments. You represent and warrant that if you are purchasing something from the Enterprise or from my Merchants that
    (i) any credit card information you supply is true, correct and complete,
    (ii) charges incurred by you will be honored by your credit card company, and
    (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
15. Securities Laws. This Site may include statements concerning operations, prospects, strategies, financial condition, future economic performance and demand for my products or services, as well as my intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
16. Links to Other Web Sites. The Site contains links to other Web sites. The Enterprise is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by the Enterprise. Inclusion of any linked Web site on this Site does not imply approval or endorsement of the linked Web site by the Enterprise. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to the Enterprise (collectively, “Submissions”) shall be deemed and shall remain the sole property of the Enterprise and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, the Enterprise shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
    
    

18. Cancellation and Refund Policy. Either you or The Enterprise can terminate a Service Agreement at any time by notifying the other by email. The Enterprise can only terminate an Agreement if it is objectively established that you have violated the Terms And Conditions of that particular Agreement.

    Webmobyle has a NO REFUND Policy for works already completed and services already purchased. However The Enterprise will commit to fairly and amicably resolving any contentions arising from unsatisfied clients and address any outstanding issues under the initial Terms of Service Agreement for a particular service.

    In the case of services purchased, the Policy applies, even when the period purchased has not elapsed or has not been exhausted. A service that is paid for will continue to run after your cancellation until it is exhausted, or unless you instruct us otherwise. 

    If you pay a deposit on works to be completed and an Agreement is terminated whilst work is in progress, you will be billed for the work done up to the point of termination of the  Agreement and, where applicable, we will refund you the balance of your deposit after deducting for works already completed.

    Within 5 days of any termination of an ongoing project or service, you agree to pay any amounts owing for our services through the date of termination and we agree to furnish you all the works completed, and in progress at the time of termination of the particular Service Agreement. Accordingly and where applicable, a fraction of the amounts already paid by you will be refunded to you, being the difference on works already completed. 

19. Verify Members’ Address: The Enterprise reserves the right to contact a site Member via email or any other form of communication details, freely given, to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from the Enterprise.