Terms And Conditions
GENERAL TERMS AND CONDITIONS OF THE AGREEMENT for participating in the Mobzoid Programs
Dears Users, before starting to use this website and the Mobzoid App, please carefully read the terms and conditions below. If you don't agree to these, please don't continue the registration in the Mobzoid system and stop using the services offered through the www.mobzoid.com website and the Mobzoid App. The Mobzoid website and the services are offered subject to your acceptance of the terms and conditions set out in this document. If you don't agree with the terms and conditions in this document, please don't use this website, the Mobzoid App and the services offered by these. By using the www.mobzoid.com website and the Mobzoid App, you approve this document named "General terms and conditions” (hereinafter referred to as “GTC”).
DLI MARKET DEALS LIMITED is a Cyprus Company, incorporated under the Companies Law, Cap. 113 as a Limited Liability Company, on the date of 17th of November 2014, under registration number HE337972 HE44, with headquarters in Nicosia, Zinonos Sozou Street, no. 11, 3rd floor, flat/office 303, zip code 1075, Nicosia Cyprus, hereinafter referred to as „MOBZOID”.
Active Member: The Member who has the Mobzoid App installed on the phone and has at least 25 Views/week, or has 5 Directs who have the Mobzoid App installed and each such Direct has at least 25 Views/ week, or the Member who is a Qualified Partner.
Ad Credits (AC): This is the internal coin of the Mobzoid App, with which you can purchase the products or the advertising services of Mobzoid.
Additional Terms and Conditions or ATC means the additional general business terms and conditions which supplement these GTC and which apply to Members who have fulfilled certain conditions, e. g. who became Business Partners of Mobzoid (see the Marketing Plan).
Benefit means a benefit which a Member can obtain through using the services including all the bonuses from the Mobzoid Programs, described in the Marketing Plan, and other benefits.
Binary Tree: This is a structure represented by the 2 teams which are registered under the position of each Member, one on the left side and the other on right side, on the basis of which the Binary Bonus is calculated.
Binary Qualified: The Qualified Partner which has 2 Direct Qualified Partners, one in the left team and one in the right team in the Binary Tree.
Business Center means a product as a service of MOBZOID provided by DLI Market Deals Limited to a Partner, which provides access to the corresponding software, in order to develop an own, independent, economic activity. The corresponding software functionality is available on the Website after the acquisition by a Free Member of one of the five Business Centers (Freelancer, Startup, Business, Holding or Tycoon), each with functionalities and applicable terms and conditins as further described in the ATC;
Client means a person or a Company that is registered by a Member and that can order any services or products from Mobzoid through that Member.
Contractual Documents means the GTC and ATC, and the Marketing Plan, each as amended from time to time by Mobzoid.
Coupon means an electronic voucher in a form provided by the Mobzoid Merchant and issued by Mobzoid.
Current Volume = Rest Volume + New Volume.
Direct is the person who created an account in the Mobzoid system at your recommendation.
End Volume: Current Volume - Paid Volume.
External Team: This is the team where you can receive members from those who are above you in the Binary Tree (example: If you're registered on the left team of your Sponsor then your external team is the left team).
Internal Team: This is the team you create by yourself in the Binary Tree (Example: if you're registered on the left team of your Sponsor then your internal team is the right team).
Free Member: means a Member who has not yet purchased a Business Center and accepted the GTC.
Force Majeure Event means any act, event, non-occurrence, omission or accident beyond the reasonable control of MOBZOID, including in particular: (a) strikes, lock-outs or other industrial action; or (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or (d) compliance with any law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition; (e) interruption or failure of utility service, including but not limited to electric power, gas or water; or (f) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or (g) impossibility of the use of public or private telecommunications networks.
General Terms and Conditions or GTC means the terms and conditions herein (1 to 16 inclusive), as amended from time to time by Mobzoid.
ID Number is a unique number provided to each Member at registration in Mobzoid system.
Intellectual Property Rights means, for the purposes of the Contractual Documents, trademarks, Services marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world.
Leg is the Personal Group of a Direct, including himself.
Level is a level in the group under the Sponsor.
Marketing Plan means a guidebook in digital or written form providing information, details and explanations on bonuses, Business Centers, in form of a marketing presentation describing the compensation plan of Mobzoid.
Member means a user of Mobzoid Programs registered in the system.
Mobcoin is an internal coin which can be earned through different actions performed in the Mobzoid App (e.g. Like, share, comment etc) or can be purchased for a price of 10 eurocents, each coin having attributed the value of EURO 1; these coins are used exclusively for purchasing the products marked with "Free Stuff".
Mobzoid App is a smartphone application named “Mobzoid”, property of DLI Market Deals Limited.
Mobzoid Merchant is a provider of products and/or services indicated on the Website and Mobile App with whom Mobzoid has negotiated discounts, rewards and gifts on behalf of the Members.
Mobzoid Programs means all products and/or services of Mobzoid, provided through Mobzoid App and Website.
New Volume means the volume in the Binary Tree generate in the current week.
Paid Volume means the volume in the Binary Tree that is payd in the current week.
Partner means a Member who purchased a Business Center and accepted the GTC and ATC.
Password means a unique letter number combination, which the Member must keep confidential and which may only be used by the Member to access and use the Website and the Mobzoid App.
Penalty Volume: the retrieved volume from the binary system from the both teams.
Personal Back Office means a software service maintained and updated by Mobzoid, which is part of the Intellectual Property Rights of Mobzoid. It is provided by Mobzoid for use of its Members. Access is available via the Website www.mobzoid.com, by using an Internet browser. Please note that the Personal Back Office provides different functionalities according to the rank and status of each Member.
Personal Group is the group of the Members which register in the system upon your invitation, and the subsequent Members which register in the system upon the invitatation of each such Member, and all the indefinite number of Members which register in the system based on this principle.
Previous Volume: the volume in the binary system from the both teams that has not been paid in the previous week.
PV (Value points): the points attributed to the value of the products which are sold by Mobzoid on the basis of which the commisions are calculated.
PVP (personal value points): PVs generated by a Member.
Qualified Partner: means a Partner who has at least 7 PVP in the previous month or has bought at least one activation unit (see the Marketing Plan) in the curent month.
Registration Form means the registration application to be completed by the applying person before being provided with the Services of the Mobzoid.
Rest Volume: Previous Volume - Penalty Volume.
Sponsor means, in relation to each Member, the Member who registered such each Member in Mobzoid system.
Username means the email address of the Member which grants access to his Personal Back Office (login area).
View: One Ad shown on the smarthphone when receiving a call/sms.
Website means www.mobzoid.com, property of DLI Market Deals Limited.
1. Object of the agreement
1.1 The Member is entitled, in accordance with the Contractual Documents, to participate in the Mobzoid and to receive the associated benefits from Mobzoid. Subject to the GTC and the ATC, Mobzoid shall provide the necessary services to the Member. The Member can recommend the Mobzoid services and products to others. The Member is not obliged to give or make recommendations with regard to the Mobzoid services and products.
1.2 Upon acceptance of the Registration Form the Member can avail himself by the means of the Website (login area) or the Mobile Application to obtain the Benefits of the Mobzoid services and products. The agreement is based on the Registration Form, its acceptance, the GTC and, if applicable, the ATC (Contractual Documents). Mobzoid does not accept any deviation from the GTC or the ATC.
2. Basis of the agreement
2.1 Each Member is only permitted to register once (i.e. a single Mobzoid ID-number). Registration is to take place using the ID Number (if applicable) and the main residence of the Member. In the case of multiple registrations the last registered ID Numbers shall be deleted. Benefits that arose through multiple registrations shall be forfeited. Multiple registrations undertaken in order to obtain unjustified Benefits constitutes grounds for Mobzoid to terminate membership of Mobzoid for breach or for good cause and with immediate effect.
2.2 A Member agrees to purchase a Business Center only if he needs, or can recommend to others, the services or products provided by Mobzoid in the Business Center, at his choice.
3. Legal relationship
3.1 By accepting the Registration Form of a person by Mobzoid, the person becomes a Member of the Mobzoid community and the respective services will be provided by Mobzoid to the Member.
3.2 Nothing in the Contractual Documents or in any agreement between a Member and Mobzoid shall render a Member an employee, servant, worker or agent of Mobzoid, nor shall any Member hold himself out as such.
3.3 The Member is only entitled to the Benefits and/or Additional Member Benefits from the Mobzoid. The Member is only entitled to claim these Benefits and/or Additional Benefits from Mobzoid according to the GTC and/or according to the ATC. The Member has no entitlement to compensation above and beyond this. The Member is moreover not entitled to reimbursement of any type of expenses whatsoever for any activities, obligations, or tasks carried out by the Member in order to secure Benefits and/or Additional Benefits.
3.4 The Member is not authorized to receive cash or to carry out the collection of money on behalf of Mobzoid. The Member is only entitled to recommend applicants for membership, strictly in accordance with any procedure set forth by Mobzoid.
3.5 The Member is not authorized, without prior written permission from Mobzoid to use any Intellectual Property Rights including logos, writing, business cards, claims and similar from/of Mobzoid or from/of Mobzoid Merchants.
4. Mobzoid application
4.1 After registration any Member is entitled to use the services of the “Mobzoid application” which are made available by Mobzoid.
4.2 “Mobzoid application” publishes offers of Mobzoid Merchants for products and/or services which they sell. Information on offers is provided by the respective Mobzoid Merchants and they solely are responsible for its correctness and compliance with the applicable law.
4.3 Also, the terms and conditions of the respective Mobzoid Merchants may apply. Mobzoid cannot be held responsible for the correctness of the offer and the compliance with the applicable law.
5. Service disruptions
5.1. The scope of services provided by Mobzoid is restricted to the carrying out of the Members Programs as described in Section 4.
5.2. In the event of the Mobzoid Merchant failing to perform, the Member has no claim against Mobzoid for a refund, for a cash payment or any other compensation. Any claims of the Member in the case of the Mobzoid Merchant failing to perform arise solely against the Mobzoid Merchant.
6. Benefits from the Members Programs
6.1 Benefits from the Members Programs are stipulated in the Marketing Plan which is a part of this GTC.
7. Personal Online Office and Services
7.1. Mobzoid offers every Member a Personal Online Office on the Website at www.mobzoid.com (login area), where, after entering Username and Password the Member can access relevant information, at any time. Please note that the functionality of the Personal Online Office depends on the status of the Member. Mobzoid shall not be liable for any unavailability of the Website caused by third parties or due to required technical maintenance services, except in case of intent or gross negligence of Mobzoid.
7.2. The access data for the use of the Personal Online Office (Username, Password) are to be kept by the Member in a secure manner and to be treated as strictly confidential. Access data may not under any circumstances be made accessible to third parties. Personal settings can be changed at any time by the Member in the login area.
7.3. The Member undertakes to notify Mobzoid without delay of every improper use of his Personal Online Office. Following such notification and the immediate locking of his access, the Member will receive modified access data by SMS and/or email. Whilst entries of data or information on the Website by the Member are encrypted (encrypted post entering his Username and Password), the Member acknowledges, that communications made over the Internet, by email or SMS are not secure and the Member agrees to Mobzoid communicating with him by email and SMS, but has the right to request discontinuance of such method of communication by writing to Mobzoid.
8. Data protection
8.1. To the extent that it is necessary for the execution and operation of the Mobzoid Programs, including the calculation of Benefits, Mobzoid, as the responsible entity under data protection legislation, collects, stores and processes the personal data of Members in accordance with the laws to which it is subject. Provided that the Member gives his consent, Mobzoid uses the data of the Members for personalised information about offers and products from Mobzoid and Mobzoid Merchants. Mobzoid also exchanges anonymised purchase data with the relevant Mobzoid Merchant insofar as this is necessary for the implementation of the business relationship with that Mobzoid Merchant. In the case of possible transfer or disclosure of personal data outside the EEA, Mobzoid undertakes to guarantee the adequacy of data protection in the target country to put in place with the Mobzoid Merchant the EU standard form contract with that Mobzoid Merchant in order to safeguard such personal data.
8.2. All requests for information about, changes to or deletion of data can be sent in writing directly to Mobzoid.
8.3. The Website contains further relevant provisions.
8.4. Mobzoid employs internationally recognised security technologies to protect the data of Members against unauthorised access.
9. Consent under data protection legislation
The Member consents (which consent may be revoked at any time) to Mobzoid collecting personal data concerning his purchasing behaviour (interests and preferences etc.) within the framework of the Mobzoid Programs and using this information to design personalised information for the promotion of the Mobzoid Programs and Mobzoid Merchants offers. The Member furthermore consents, also on a revocable basis, that the volume of his purchases within the framework of the Mobzoid Programs (e.g. Quick Cash) may be disclosed to third parties (e.g. the recommending/recruiting person) and, if need be, abroad in accordance with the provisions of Section 8.1.
If this should not be desired, the Member may revoke his consent for the future by notifying Mobzoid via email to firstname.lastname@example.org
10. Liability of the Member
10.1 The Member declares that all information (name, address of residence etc.) provided to Mobzoid upon registration is, when given, and continues to be true, accurate and complete and will fully indemnify and hold Mobzoid and its agents harmless against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Mobzoid arising out of or in connection with a breach of this provision. Should it turn out that information was provided incorrectly, Member accepts that Mobzoid may immediately deduct such damages from any future payments to him without prior notice.
10.2 The Member undertakes to inform Mobzoid promptly of any changes to his personal details (personal identification number or fiscal number in accordance with the legislation applicable to such Member, residential address, mailing address, email address, bank account details, telephone number etc.). Mobzoid accepts no responsibility for any loss, liability or damage suffered by a Member arising from the Member's failure so to inform Mobzoid pursuant to this provision.
11. Liability of Mobzoid
11.1 Nothing in this agreement shall operate to exclude or limit Mobzoid liability for fraud or any other liability which cannot be excluded or limited under applicable law.
11.2 Subject to Section 11.1, Mobzoid and its subsidiaries shall not be liable to the Member for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
11.3 Subject to Section 11.1, Mobzoid accepts no liability and shall not be liable to the Member for the failure for any reason of a Mobzoid Merchant to sell or supply the products or services required by the Member.
11.4 Subject to Section 11.1 and without prejudice to Section 11.2 and 11.3, Mobzoid aggregate liability to the Member in respect of claims arising out of or in connection with this agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances take into account any losses or potential losses arising after a period of three (3) months from the date of the event giving rise to the claim.
11.5 Force Majeure
11.5.1 Mobzoid shall not be in breach of its agreement with the Member, nor liable for any failure or delay in performance of any obligations under such agreement (and the time for performance of the obligations shall be extended accordingly) arising from or attributable to any Force Majeure Event.
11.5.2 Mobzoid obligations under this agreement shall be suspended for the period that the Force Majeure Event continues, and Mobzoid will have an extension of time to perform these obligations for the duration of that period. Mobzoid will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which its obligations under this agreement can be performed despite the Force Majeure Event.
12. Termination of the contractual relationship by the Member
12.1. The Member is entitled to terminate the contractual relationship with Mobzoid at any time by means of written notice to Mobzoid.
12.2. In the event of such termination, a Member is entitled only to Benefits arising from transactions prior to termination. The ATC deals with a Member's entitlement to Additional Member Benefits upon termination.
13. Termination of the contractual relationship by Mobzoid
Except otherwise stated in the GTC and/or the ATC, Mobzoid has the right to terminate the contractual relationship without any liability to the Member: (a) by giving seven (7) days' notice where the Member is in breach of the Contractual Documents or any of their provisions and does not cure the breach within 7 (seven) days of a request of Mobzoid to do so or (b) immediately in the event of death or legal incapacity of the Member. Section 12.2 applies accordingly.
14. General provisions
14.1. Any individual agreement between Mobzoid and the respective Member takes precedence over the GTC, ATC and other Contractual Documents. Subject to Section 14.3, any variation to the contractual terms must be in writing. Mobzoid is entitled to send to the Member contractual notices and information that is required for the implementation of the agreement, by SMS or by email.
14.2. Mobzoid continually publishes the currently applicable conditions at the Website. The Member is advised to regularly check the status of the various conditions on the Mobzoid Website.
14.3. Mobzoid reserves the right to make changes to the GTC, ATC and the other Contractual Documents. Such changes are deemed to be communicated to the Member and accepted by the Member by their publication on the Website. In the event of objections by the Member to such changes, each party of the agreement is entitled to terminate the relationship with immediate effect. Section 12.2 GTC shall apply accordingly.
14.4. In the GTC, ATC and the other Contractual Documents: (a) a person is a natural person, and that person's legal and personal representatives, successors and permitted assigns; (b) unless the context otherwise requires, a reference to one gender shall include a reference to the other genders; (c) a reference to writing or written includes e-mail and (d) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
14.5. If any provision (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
14.6 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
15. Miscellaneous provisions
15.1. The laws of Cyprus shall apply to the contractual relationship between a Member and Mobzoid. The application of the UN sales convention (CISG) is excluded. All the non-contractual obligations arising from or in connection with the GTC and the other Contractual Documents shall be governed by the laws of Cyprus. Any dispute arising from or in conection with the execution, performance and validity of the GTC and the other Contractual Documents shall be settled by the compentent Cyprus courts.
15.2. Subject to the provisions of Section 15.1, the agreed place of performance for all contractual performances is the headquarters of Mobzoid in Nicosia, Cyprus.
15.3. The GTC, the ATC and the other Contractual Documents are provided in English language and in other languages. The English version shall prevail in the event of any inconsistencies between the different languages versions.
15.4 The Member warrants to Mobzoid that he has the legal capacity to enter into the GTC and the other applicable Contractual Documents and that he is registering on his own behalf and not on behalf of anyone else.
15.5. The Member undertakes that all dues, fees, taxes etc. which arise at Member level through or in connection with the receipt of Benefits and/or Additional Benefits will be borne and properly declared and paid to the competent (tax) authorities by himself. Mobzoid accepts no responsibility with respect to any Member obligations in relation to dues, fees, taxes etc. that may arise in relation to any Benefits and/or Additional Benefits received by the Member. In particular all payments made to the Member by Mobzoid and all Benefits and /or Additional Benefits received by the Member from Mobzoid are inclusive of value added and sales taxes (if any). Should Mobzoid be obliged by law or by order of a competent authority to deduct and withhold dues, fees, taxes etc. on behalf of the Member from any past or present payment to that Member, the Member agrees that he shall only receive the net amount (after deduction of such withholding) from Mobzoid, that he shall have no claim against Mobzoid with regard to the withheld amount, and that it is within its own responsibility to potentially recover the withheld amount from the relevant authority.
15.6 The Member shall use the Website/Mobzoid Application, and the services only for purposes that are permitted by, and in accordance with (a) the Contractual Documents and (b) any applicable law, regulation or generally accepted practices or guidelines. Mobzoid shall be entitled to set forth guidelines for the direct and indirect use of its Website and Mobzoid App.
15.7 The Member agrees that Mobzoid issues invoices to him (if any) only electronically. The Member accepts, however, that Mobzoid has no contractual obligation to issue any invoices, to the extent the applicable law does not provide for such obligation.
16.1. Should a Member have a complaint about the services, the Member should contact Mobzoid as soon as possible and no later than seven days after the date of the incident that gives rise to the complaint. The Member must provide Mobzoid in writing with sufficient background information for Mobzoid to evaluate and verify the complaint. Please note that any complaint in relation to a product or service purchased with a Voucher must be taken up with the Mobzoid Merchant whose details appear on the Voucher, as Mobzoid is not responsible for the supply of such products or services.
16.2. Mobzoid will endeavour to respond to any complaint as quickly as possible. Mobzoid ability to respond will be dependent on the nature and complexity of the complaint, the extent to which Mobzoid can contact the Member to get information on the complaint and the extent to which Mobzoid needs to obtain information from a third party relevant to the complaint to frame a response. Subject to the Contractual Documents, Mobzoid will use its best efforts to find a satisfactory solution to the complaint. However this shall not apply where the complaint is vexatious or where it is clearly unsubstantiated or malicious.