Terms and Conditions

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Welcome to MobiHapp.com.

Acceptance Of Terms Of Service

You accept to be bound by the Terms of Service when you click and fill out the sign-up form or otherwise agree to the Terms of Service or access the website specified in the apps customer care and/or such other websites that are operated by MobiHapp.com from time to time or download a MobiHapp.com application to your mobile device or otherwise utilize the Services, as further described below or on the Site or in the App.

In case you do not agree to the Terms of Service, you may not activate or utilize the Services. Once accepted the Terms of Service constitute a binding agreement between you and MobiHapp.com. In addition, by downloading the App from Apple Store or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.

MobiHapp.com may make changes to Terms of Service from time to time. MobiHapp.com will publish the changes at the Site. The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Terms of Service, or if you continue to utilize the Services after the date of publication, shall constitute your agreement to the updated Terms of Service. You agree that if you do not accept any amendment to the Terms of Service then you shall immediately stop accessing and/or using the Site, App or any other part of the Services provided by MobiHapp.com.

Services

Registration

You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Address Book

You provide us the phone numbers of MobiHapp.com users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

Age

You must be at least 13 years old to utilize our Services (or the average age required in your country for you to be authorized to utilize our Services without parental approval). In addition to being of the minimum required age to utilize our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software

You must provide certain devices, software, and data connections to utilize our Services, which we otherwise do not supply. For as long as you utilize our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes:

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may re-utilise or cancel orders. We do not provide refunds for our Services, except as required by law.

Account Management

Account and Receipt

When you log in to your Account you will find certain information relating to your use of the Services, such as payments made, calling history (during a limited period) and your current balance etc. In addition MobiHapp.com may also provide you with a receipt (by e-mail) upon pre-payments for the Services (“Account Records”). Please note that the Account Records is the only statement of the Account, or the activities relating to the Account, that MobiHapp.com will provide to you. It is your responsibility to print and/or save copies of your account records, and to retain copies for your records.

MobiHapp.com will utilize commercially reasonable efforts to correct any technical failures relating to the Account Records within a reasonable time. However, your inability to view the Account Records does not extend, or relieve you of, your obligation to pay any amounts owing to MobiHapp.com.

Your Account

For an individual to utilize the Services of the app, one is required to register as a user with MobiHapp.com. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by you. Subject to such registration you will receive access to your MobiHapp.com account. We have the right to change your password/PIN and account name at any time in our sole discretion and without notice. We recommend that you choose a password/PIN to your Account that is hard to guess and keep it secure.

It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, password, PIN or other data. Not limiting the aforesaid, MobiHapp.com may in certain geographical locations offer you, if you have a US phone number, prefix +, to have an authorized MobiHapp.com agent registering the Account on your behalf.

Therefore, you are fully responsible towards MobiHapp.com for all (including any fraudulent) utilization of the Services which is or can be connected to your Account.

Unauthorized Use, Stolen Device

You are solely responsible for all activities that occur on or under the Account, regardless of whether the activities are undertaken by You or a third party and whether or not authorized. Mobihapp is not responsible for any unauthorized access to the Account. You are required to contact Mobihapp immediately to suspend the Services and block your Account if you suspect that your mobile phone or other device you are using the Services on the device which is stolen or otherwise that an unauthorized third party may be using the Account or if your password, PIN or any other account information is lost or stolen. You are responsible for all charges to your Account until the Services are suspended and the Account is blocked. You may terminate the Account and cancel the Service at any time in accordance with the previous section on termination and suspension. Mobihapp takes no responsibility for your failure to comply with the obligations in that Section on unauthorized utilize, stolen device.

Payment, Rates And Accounts

Prices for our services, or other rates may be subjected to changes and in some cases without notice to the users. We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time. You can make the payments either manually or automatically. The automatic purchase indicates that in the event you have your balance less than a certain level, your account will be automatically recharged. You can disable this feature anytime you want. The subscriptions are automatically renewed unless you discontinue them.

Rates and VAT

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Certain products or services may be available exclusively online through the App. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. In the event we change our pricing structure, the new pricing will be applied to your next phone call once we publish the new rates. If you do not agree, we suggest you not to use the services. We do not issue refunds.

Unless stated otherwise, the pricing structure will be in USD, GBP, or Euro and will be exclusive of value added taxes (VAT) or any other applicable taxes or fees.

Out-Of-Country Usage

In the event you are connected to our services while in a different country that is not associated with your fixed net or mobile phone operator, you might have to pay higher costs. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Mobihapp has not reviewed all of the apps outside the country that appear to be linked to it or perform similar functions and is not responsible for the contents of any such linked apps. The inclusion of any link does not imply endorsement by Mobihapp of the site or app. Utilization of any such linked sites and apps is at the user's own peril.

Refund

In case of any erroneous charges by our system, then the user qualifies for a refund and all the refund requests should be addressed to the customer care who will assess and if verified, will start processing the refund.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the online store. We cannot guarantee that your computer monitor's display of any color will be accurate.

Information On Accounts And Receipt

We reserve the right to reutilize any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per hold or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that utilize the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Occasionally there may be shared information on our app or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice including after you have shared your information.

We undertake no obligation to update, amend or clarify information in the Service or on any related app, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Expiration of credits

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store and this expires within a period of 12 months. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. In the event you do not use your credits within 12 months, they will be lost.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country or state in which the Mobihapp app is being utilized.

No warranties

You expressly acknowledge and agree that utilize of the Services are at your sole peril and that the entire peril as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cauterize any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that Mobihapp cannot guarantee that information or communications transmitted in relation to the utilization of Services will not be subject to interception by law enforcement officials or other third parties.

Suspension And Interruption Of The Services

Mobihapp has the right, without any liability, to refutilize and to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service, or for any of the reasons for termination set forth in the Terms of Service, or any business reason.

Content Of Communication

The content of the communications made using the Services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Mobihapp will not be liable for any type of communication spread by means of the Services.

No emergency calls

The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Mobihapp is not liable in any manner for such calls. In the event that, with your permission, another user utilizes your Account, you are responsible to inform that user that the Services do not support or carry emergency calls. You must ensure that you, or anyone using your Account/Device, have alternative arrangements for making any such calls.

Termination of service or actions we may take

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

  • All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  • We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
  • Upon termination, your right to utilize the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to utilize our Services, or when you cease using our site.
  • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this app or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your utilize of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us including, but not limited to, any prior versions of the Terms of Service.

Any ambiguities in the interpretation of If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or any part therefore, these Terms of Service shall not be construed against the drafting party.

Code of conduct

This is the grant of a license, not a transfer of title, therefore under this license shall not practice any of the things outlined below:

  • Modify or copy the program of the Mobihapp app.
  • Utilize the materials for any commercial purpose, or for any public display, either commercial or non-commercial.
  • Attempt to decompile or reverse engineer any software contained on Mobihapp app.
  • Remove any copyright or other proprietary notations from the materials.
  • Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mobihapp at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

We are not responsible if information made or exchanged by users on this app which is not accurate, complete or current. The material on this app is provided for general information only and should not be relied upon or utilized as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own peril.

This app may contain certain historical information. The historical information, necessarily, is not current and is provided for your reference only. We do not reserve the right to modify the contents of the users’ information at any time and we do not also have the obligation to update any information on our users’ profiles. You agree that it is your responsibility to monitor changes to your messages or shared information on Mobihapp.

Closing of account

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: for any unlawful purpose, to solicit others to perform or participate in any unlawful act, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, brutalize, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information, to upload or transmit virtualizes or any other type of malicious code that will or may be utilized in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your utilize of the Service or any related website for violating any of the prohibited utilizes.

TERMINATION AND SUSPENSION

The Terms of Service is effective until terminated by you or Mobihapp. You may terminate the Terms of Service or cancel the Account, the Services at any time, through your settings in the Account or by sending Mobihapp a termination notice to our specified website. The Account will be cancelled within five days of receipt of such notice.

Without limiting any other remedies, Mobihapp may modify, limit, suspend, discontinue or terminate your utilize of all or any part of the Services and/or the Terms of Service, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation, if Mobihapp reasonably suspects that you are:

  • in breach of any of the terms and conditions of the Terms of Service;
  • you are using the Services to break the law or infringe third party rights;
  • you are trying to unfairly exploit or mutualize any of our policies;
  • you are using the Services fraudulently or that your Account is being utilized by a third party fraudulently;
  • creating problems or legal liabilities (actual or potential);
  • delinquent with respect to any charges due for the Services;
  • engaging in fraudulent, immoral or illegal activities; and/or
  • Subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws.

In addition, the same rights shall apply to Mobihapp in relation to fraudulent calling patterns, excessive usage, billing irregularities, or misuse of service promotions or campaigns; or if required due to a change in laws/regulations by a regulator or authority with a lawful mandate in any particular territory; or if required by any of Mobihapp's service providers.

You acknowledge and agree that Mobihapp is under no obligation to provide the Services, and that Mobihapp shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the of the Services and/or the Terms of Service. Mobihapp reserves the right to cancel the Account if it has been inactive for more than one year.

On termination for any reason: all rights granted to you under the Terms of Services shall cease; you must immediately cease all activities authorized by the Terms of Services, including your utilize of any Services; you must immediately delete or remove the App, the Software and other parts of the Services (where applicable) from all Devices, and immediately destroy all copies of the same then in your possession, custody or control. Mobihapp shall effect the termination by preventing your access to the Account or other parts of the Services, where applicable.

Entire Agreement

The Terms of Service represent the entire agreement between you and Mobihapp relating to the utilize of the Sites, Accounts and any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For the purpose of clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by Mobihapp or otherwise with the written agreement of Mobihapp.

If a court or arbitration panel finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.

Applicable law and competent court

The Terms of Service shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to the conflict of laws or provisions of Luxembourg or your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the Terms of Service, your relationship with Mobihapp, including any non-contractual obligations, will be exclusively subject to the jurisdiction of the courts of the district of Luxembourg. Notwithstanding the foregoing, Mobihapp shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.

Jurisdictional restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or utilize internet telephony or other parts of the Services, you may not utilize the Services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to utilize the Services where you are located.

Third party services

You acknowledge that the utilize of the Services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator or network provider. You acknowledge and agree that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service. Note that some Providers prohibit or restrict the utilize of Voice over Internet Protocol or VoIP functionality or other features of the Services, and may also impose additional fees in connection with the utilize of the Services. You are solely responsible for verifying with your mobile operator (or any other Provider that you are using in relation to the utilize of the Services) that the utilize of the Services is permitted in accordance with any contractual obligations you may have with that Provider, and also to check and pay for such imposed additional fees. Note that, as soon as your call is connected to a phone number provided by Mobihapp, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call or not (i.e. even if the line is busy).

You acknowledge and understand that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service.

In relation to our Mobile top up services, please note that once the Mobile Top Up transaction is completed, Mobihapp has no control over the pre-paid airtime value and that the terms and conditions of the recipients’ local mobile network operator will apply in respect of the end utilizer's consumption of such pre-paid airtime value.

Licenses

You’re informed Mobihapp does not claim ownership of the information that you submit for your Mobihapp account or through our Services. You must have the necessary rights to such information that you submit for your Mobihapp account or through our Services and the right to grant the rights and licenses in our Terms.

Mobihapp’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not utilize our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may utilize the trademarks www.facebookbrand.com/trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.

Your license to Mobihapp. In order to operate and provide our Services, you grant Mobihapp a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to utilize, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

Mobihapp’s License to You. We grant you a limited, revocable, non-exclusive, non-sub licensable, and non-transferable license to utilize our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to utilize our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Intellectual property rights, licenses

In consideration of you agreeing to abide by the terms and condition of the Terms of Service, we grant you a limited, non-transferable, non-sub licensable, non-exclusive, revocable license to utilize the App, the Site and other parts of the Services provided or made available to you by Mobihapp. You may download a copy of the App onto a Device which you control and to view, utilize and display the App on the Devices for your personal purposes only. We reserve all other rights.

Not limiting the aforesaid, in relation to the App, we license the utilize of the App to you on the basis of the Terms of Service and subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group namely Apple and Google respectively. We do not sell the App to you. We remain the owners of the App under any circumstances.

Users are not also allowed to copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, Site or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices including copyright and trademark notices that may be affixed to or contained within the Mobihapp app.

The Software may contain open source software. Any utilize, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license. You acknowledge that you have no right to have access to the App or other parts of the Services (where applicable) in source-code form.

The ownership and intellectual property rights in or to the Software, the App, the Site or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Mobihapp, or Mobihapp’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from Mobihapp to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under this the Terms of Service. For the purpose of clarification; nothing in these Terms of Service give you a right to utilize any of Mobihapp’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise utilized within the Services provided to you.

The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms of Service. Furthermore, Mobihapp has the right to, in its sole discretion, at any time remove any materials posted to the Site or the app.

Limitation of Liability

In no event shall Mobihapp and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the utilize of or inability to utilize the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.

In any event, and without limiting the generality of this Section to the extent permitted by law, you agree that Mobihapp's total aggregate liability to you for all damages and losses that arise in connection with the utilize of or inability to utilize the Services, or otherwise arise under the Terms of Service, shall not in any circumstance exceed the amount actually paid by you, if any, to us for the Services (including without limitation the Mobile Top Up Services) in the five month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of five thousand Euros in all cases.

Indemnity

You agree to indemnify, defend and hold harmless Mobihapp and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of Your utilize of the Services (including without limitation posting and submitting of any material), your breach of the Terms of Service, or Your violation of any rights of another person or entity.

Force Majeure

You acknowledge and agree that if Mobihapp is unable to provide the Services as a result of a force majeure event, Mobihapp will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the control of Mobihapp.

Disclaimers

YOU UTILIZE OUR SERVICES AT YOUR OWN PERIL AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR UTILIZEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR UTILIZERS UTILIZE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR UTILIZERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “MOBIHAPP PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUTILIZE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER [Province] CIVIL CODE, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE PERSON WHO HE OR SHE OWES.