Mobtenders Terms of Service

Last Update: March 11, 2019

Welcome to Mobtenders.com.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the Mobtenders website and mobile application, including any content, functionality and services offered on or through www.mobtenders.com and www.bids.mobtenders.com (the “Site”), by AHADUWEB DOT COM PLC (Hayahulet, Bole Sub-city, Bata Complex, 1^st floor, office number #FF121, Addis Ababa, Ethiopia) as applicable (“Mobtenders” “we” or “us”). By accessing or using the Site or by creating a Site user account, you are agreeing to these Terms and entering into a legally binding contract with Mobtenders. If you access or use the Site as an employee or agent on behalf of another person or an organization, you also agree to these Terms of Service on behalf of that person or organization and you represent and warrant that you have the authority to bind that person or organization to these Terms of Service. Do not access or use the Site if you are unwilling or unable to be bound by these Terms

For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

Our Customer Support team during the customary is available at Ethiopian working hours if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

Definitions

The terms “You” and “your” refer to an individual user of the Site, and, if you use the Site on behalf of another person or an organization also include that person or organization.

A “user” is anyone who accesses, views, browses, or in any way uses the Site.

“Mobtenders”, “we,” “us,” and “our” refer to AHADUWEB DOT COM and its wholly owned subsidiaries.Buyers are users who purchase bid documents on Mobtenders.

“Content” means text, data, files, records, location information, messages, images and all other forms of data or communication submitted or transmitted to, through, or otherwise made available in connection with the Site.

Wallet Money is the amount of money a buyer deposit to mobtenders bank account prior to an order to purchase bid documents.

Seller dashboard is a place where a seller manages all of its activities in detail such as creating a bid document, reviewing sales report, managing orders and every statistics information about its activity on the platform.

Buyer dashboard is a place where a buyer can manage its profile, orders and transactions.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s dashboard.

Payment Services Provider(s) are service providers (banks) that provide payment services to Buyers and Sellers in connection with the Mobtenders platform, including with respect to collection of funds from Buyers in connection with the purchase of bid documents and withdrawal of funds to Sellers in connection with completed orders, and the holding of funds in connection with Mobtenders Balances.

Sales Revenue is the money that Sellers earn from completed orders and can withdraw from Mobtenders balance within 10 working days, subject to these Terms.

Sellers are users who offer and sell bid documents on Mobtenders.

Changes to these Terms

We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms of Service at any time, in any way and from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. We will also update the notice at the Site login. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you if you continue to use the Site. Any such modification will become effective, going forward, upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Site after any modification to these Terms of Service are posted on the Site indicates your acceptance of the modified Terms of Service. We may choose, in our sole discretion, to notify you directly of certain modifications to these Terms of Service and we may require your direct agreement to the modified Terms of Service before you may continue to use or access the Site. If you do not agree to any modified Terms of Service, you must immediately stop using the Site.

Translation – Language

We may translate these Terms of Service into other languages for your convenience or as required by applicable law. Nevertheless, the English version governs your relationship with Mobtenders, and any inconsistencies among the different versions will be resolved in favor of the English version. The parties expressly wish that this agreement and any related documents be drafted and executed in English.

Using the Site

A/ Eligibility

To access or use the Site, you must be 18 years or older and have the requisite capacity, power, and authority to agree to these Terms of Service. You are not permitted to access or use the Site if we have previously banned you from the Site or closed your account.

B/ Permission to Use the Site

You may use the Site only in compliance with these Terms of Service. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is inaccurate, objectionable, incomplete, outdated or otherwise inappropriate, and the risk that Content you choose to share in connection with the Site may be misused by third parties.

C/ Site Availability

All or portions of the Site may be modified, updated, interrupted, suspended or discontinued partially or totally and at any time, at our sole discretion, without notice or liability. We may also remove any Content from the Site at our discretion, without notice or liability.

D/ User Accounts

You must create an account and provide certain information about yourself to use some of the features that are offered through the Site. You may create an account here: mobtenders.com and www.bids.mobtenders.com.
If your contact information or other information related to your account changes, you must notify us promptly and provide current information. You may and access your information update your account here: mobtenders.com and www.bids.mobtenders.com
You are solely responsible for safeguarding the password and login identification that you use to access the Site, and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You agree to notify us immediately of any unauthorized use of your account. You may contact us about your account
You acknowledge and agree that if you wish to protect your transmission of data or files to the Site, it is solely your responsibility to establish and use a secure connection to communicate with the Site.
Your account is for your use only. In creating it, you warrant that the information you provide, including any personal information is complete, current and accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you based on Content you choose to share. Please read our Privacy and Data Statements for more information.
We reserve the right to close your account at any time for any or no reason, without notice or liability.

Mobtenders Content and Platform

A/ Some use of the Site may require you to download a client platform or mobile application package (“Platform”). Mobtenders hereby grants you a limited, nonsublicenseable, nonassignable, nonexclusive, nontransferable, revocable license to use the Platform, solely to access the Site. Your license to use the Platform is automatically revoked if you violate these Terms of Service or any other agreement with Mobtenders in a manner that prejudices, limits, or infringes our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms of Service. You may not reverse engineer or decompile the Platform, nor attempt to do so, nor assist anyone else to do so. We may update the Platform on your device automatically when a new version is available.

B/ These Terms of Service do not grant you any right, title, or interest in the Site, related platform, or the Site Content. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Mobtenders Content in whole or in part except as expressly authorized by us. The Platform and other technology we use to provide the Site are protected by copyright, trademark, and other laws of Ethiopia and foreign countries. These Terms do not grant you any rights to use the Mobtenders trademarks, logos, domain names, or other brand features. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Mobtenders Content are retained by us.

C/ You represent that you have read and understand the Mobtenders Web Site Legal Notice.

Third-Party Content

A/ The Site may contain Third-Party Content or links to third-party websites or resources. Mobtenders does not control or endorse and is not responsible or liable for any such Third-Party Content, websites, or resources, or any related content, products, or services. You are solely responsible for your use of any such Third-Party Content, websites, or resources.

B/ Your use and access to any Third-Party Content shall be governed by the relevant terms and conditions.

C/ If we provide you with any platform under an open source license, there may be provisions in those licenses that expressly conflict with these Terms of Service, in which case the open source license provisions will apply to such open source platform to the extent of such conflict.

Overview (Main terms, in a nutshell)

Only registered users may buy and or sell bid documents on Mobtenders. No registration fee is required.
Buyers deposit money to Mobtenders account which will be visible in the form of virtual money in the system in advance to purchase a bid document (see Purchasing Section below regarding payment terms).
For fees and payments please read the purchasing section

PURHASING SECTION

To place an order for a certain bid document a user has to create a buyer account.To purchase a bid document a buyer has to deposit to Mobtenders account at any bank found in Ethiopia. If the user is abroad, payment can be made through bank transfer to any Ethiopian bank by the equivalent Ethiopian currency.

The minimum amount of money allowed for depositing is Birr 500 whereas the maximum amount of money is Birr 2000.When buyers purchase bid documents they pay the 10% service charge to Mobtenders and the original price of the bid document to the seller (bid document provider.
Buyers can purchase any bid document until their balance in the system is sufficient to do so.
Users may not offer or accept payments using any method other than placing an order through Mobtenders.com.

If buyers want to withdraw the money they deposited to the bank account of mobtenders they have to inform Mobtenders 15 days ahead. Refund will only be endorsed if their balance exceeds Birr 50.

MOBTENDERS (SERVICE PROVIDER)

Mobtenders shall bring in their technology through website development, online promotions, wallet money integration and customer service for successful operation of website.
Mobtenders will be responsible for managing the customer service for only such Products that sold through its
The platform platform and wallet money integration will remain the sole property of Mobtenders.
Mobtenders shall not be liable for any defects regarding bid documents.
Mobtenders partners with Payment Services Providers (i.e. Banks in Ethiopia) for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances.

BID DOCUMENT Sellers

Basics

Sellers create their account on Mobtenders to allow Buyers to purchase their bid documents.
Through the sellers dashboard provided by the Company on the Online platform, sellers shall upload the description, images, delivery time lines, price and such other details for the bid document to be displayed and offered for sale through the said online platform.
Sellers shall ensure not to upload any description/image/text/bid document that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, Sellers shall ensure to upload the bid description only for the bid document which is offered for sale through the online platform.
Sellers agree to bear all the applicable taxes duties, or other similar payments (including VAT) arising out of the sales transaction of bid documents through the online platform and Mobtenders shall not be responsible to collect, report, or remit any taxes arising from any transaction.
Each order you sell and successfully complete, accredits your account with a net revenue of 90% of the purchase amount.
Mobtenders accredits Sellers within 10 working days once the sale is closed either in cash, through bank transfer or by cheque.
Sellers are responsible for paying any direct or indirect taxes, including any VAT which may apply to them based on the sales made.
Appointment as Limited Payment Collection Agent: Seller hereby appoints Mobtenders as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider). Seller agrees that payment from Buyer to Mobtenders shall be considered the same as payment made directly to Seller.
Amendment (specification change):In times of bid document sellers alter the specification of bid documents and publish it again, bid document buyers may download the bid document for the second time either charged the same amount of money again or for free solely decided by bid document sellers.
Clarrification: For the case of clarification requested by the bid document buyers, bid document sellers shall provide through an email for the only once that have already purchasersed the bid document.
Sellers are forbidden to share their account details (i.e. username and password) to others, or transfer their account to anyone else without our permission.
For those sellers who may even be buyers at the same time, they need to have another separated account as a buyer. This is for the reason that the system provides separate dashboards for the sake of convenience.

Seller Features

Mobtenders Sellers have access to several exclusive features that help customize the way their (bid documents) can be offered.

Withdrawing Revenues

To withdraw your revenue, you must have an account with at least one of Mobtenders Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Mobtenders Payment Services Provider. All payment services, including withdrawal services will be provided by Mobtenders Payment Services Provider.
Revenues are only made available for withdrawal from the Mob tenders account following a safety clearance period of 10 business days after all sales are marked as complete. This is only applicable to bid documents with a non-zero price tag.
Withdrawals can only be made in the amount available to you.

Bid document Buyers

Basics

A buyer has to create an account on the system and deposit an amount of money based on the purchasing section to be eligible to purchase bid documents.
Buyers are obliged to submit accurate information details. In case if buyers submit wrong information about themselves, Neither Mobtenders nor Sellers will not take any responsibility for its consequence.
You may not offer direct payments to Sellers using payment systems outside of the Mobtenders payment system.
Buyers have to secure their mobtenders account (i.e. their username and password) if not they may get in to trouble of being their money manipulated. They may be charged the amount of money equivalent to the bid documents for the document they did not download rather downloaded by somebody else.

Purchasing

Buyers pay Mobtenders to create an order and purchase bid document from sellers. Mobtenders partners with Payment Services Providers for purposes of collecting bid document-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Mobtenders Balances. All payments services in connection with the collection of funds on the Mobtenders platform are performed by Mobtenders Payment Services Providers.
Sometimes bid documents maybe available for free by the seller, in this case mobtenders shall take no service charge.
- Buyers may download a particular bid document more than once unintentionally. In this case, as the system has not such intelligence, the amount of money equivalent to the bid document shall be deducted more than once from their bank balance. For this is entirely buyers’ responsibility, mobtenders will not get them refunded.
- For those buyers who may even be bid document sellers at the same time, they need to have another separate account as a seller. This is for the reason that the system provides separate dashboards for the sake of convenience.
Mobtenders serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Mobtenders (or its Payment Services Provider) and Mobtenders (via its Payment Service Provider) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Mobtenders (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Mobtenders and not the Buyer directly.
Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. Your existing wallet money Balance will be automatically applied to your next purchase.
Sellers may not offer buyers to pay, or make payment using any method other than through the Mobtenders payment service providers. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
By using any payment method and/or providing payment details for making purchases on Mobtenders, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Mobtenders; and (d) such actions do not violate any applicable law.

Taxes

The service provider Mobtenders will not be charged any taxes rather buyers may be charged with indirect taxes (such as VAT).
Buyers and sellers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes.

Orders

Basics

An order is marked as complete after the bid document is finally downloaded by the buyer.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails Mobtenders will not be responsible to resolve this problem at all.

Handling Orders

When a Buyer purchases a bid document, the Seller is notified by email as well as notifications on the site while logged into the account.
Users are responsible for scanning all transferred files for viruses and malware. Mobtenders will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.

Invoicing and Refund

For every transaction made between the seller and the buyer, an invoice shall be generated by the bid document seller not by the platform provider.
In case bid document sellers upload a wrong file without confirming the content of the document to be uploaded; as long as it is already visible in the site for buyers they may download it immediately. Since transaction has already taken place, the system deducts an amount of money equivalent to the bid document price from the buyers’ bank balance. As a result, 10% of the original price of the bid document will be charged as a service fee per every download. For this is entirely seller’s responsibility, mobtenders will not get the service charge refunded to the buyers.
In some cases, sellers may utterly call off the tender announcement even after the bid documents have already been sold out. Therefore the original price and the service fee will not be refunded.

Acceptable Use

You agree not to, and will not assist, encourage, or enable others to use the Site to:

violate these Terms of Service;
probe, scan, or test the vulnerability of any system or network;
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content hosted on the Site), except as expressly authorized by Mobtenders;
access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”);
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
reverse engineer any portion of the Site;
remove or modify any copyright, trademark, other intellectual property rights or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
record, process, or mine information about other Site users;
access or view information about other Site users without authorization;
reformat or frame any portion of the Site;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Mobtenders’ technology infrastructure or otherwise make excessive traffic demands of the Site;
attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
plant malware or otherwise use the Site or any Site Content to distribute malware, computer viruses, spyware, worms, defects, Trojan horses or other items of a destructive nature;
use any device, platform or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content;
remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site;
publish any Content that is fraudulent or misleading;
violate any third party’s rights, including without limitation any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
share your Site user account, access the Site using another person’s user account, or provide false or misleading information when establishing or using a Site user account;
promote or advertise products or services other than your own without appropriate authorization;
impersonate or misrepresent your affiliation with any person or entity;
threaten, stalk, harm, bully, or harass others, or promote bigotry or discrimination;
publish, upload, or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; or
violate applicable law in any way, or to violate the privacy of others, or to defame others.

General Terms

Mobtenders reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
Violation of Mobtenders Terms of Service may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on Mobtenders.
Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Mobtenders approval.
Mobtenders may make changes to its Terms of Service from time to time. When these changes are made, Mobtenders will make a new copy of the terms of service available on this page.
You understand and agree that if you use Mobtenders after the date on which the Terms of Service have changed, Mobtenders will treat your use as acceptance of the updated Terms of Service.
Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the seller, and seller shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Mobtenders by our users (Buyers and Sellers) is User Generated Content. Mobtenders does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Mobtenders is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the bid documents, and any communications between Buyers and Sellers.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the bid document that is offered on Mobtenders.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Intellectual Property Rights

· The company shall own all rights in any intellectual property created by the company under these Terms of use, including design and graphics developed by the company.

· Subject to the provision of contained herein, the company owns and shall exclusively own all rights including all intellectual property rights, title and interest in respect of the Portal/Website and mobile application.

Ownership

Ownership and limitations: The platform and payment gateways will remain the sole property of Mobtenders.

Terms, Termination and Effect of Termination

The Term of this agreement shall commence on the date of execution of the contract and shall continue for unlimited period of time unless terminated earlier. The Agreement may be extended for such further period as may be mutually agreed by the sellers and the company.
This Agreement may be terminated by the Company in the event seller commits a breach of any representation, obligations, covenant, or term of this agreement. This involves disabling the account of the sellers from our system.
This agreement may be terminated by either party giving the other 30 days written notice.
In the event of termination/expiry of this Agreement, the Company shall remove the Links and shall discontinue display of the bid documents on online platform.

Indemnity

You agree to indemnify, defend, and hold Mobtenders, its parents, subsidiaries, affiliates, any related companies, dealers, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Mobtenders Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of these Terms of Service, (iii) any bid documents purchased or obtained by you in connection with the Site other than those purchased or obtained from Mobtenders, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You agree that Mobtenders may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate at your cost with our defense of these claims. You agree not to settle any matter without the prior written consent of Mobtenders. Mobtenders will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer of Warranties and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MOBTENDERS. EACH OF THE SUBSECTIONS BELOW APPLIES SUBJECT TO THE CONSUMER PROTECTION LAW OF THE COUNTRY AND ONLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOBTENDERS NOR ANY PERSON ASSOCIATED WITH MOBTENDERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL MOBTENDERS, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, MOBTENDERS AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Mobtenders, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.