Terms & Conditions
Mojotheapp Website and App is a revolution in mobile entertainment, social networking and competing. It allows a user to let his imagination run wild and create innovative competitions that can be shared with the world. A user can create competitions to solve problems they’re trying to solve. Mojotheapp Website and App also allows a user to create and compete in competitions and vote for entries of other users.
Further it allows a user to win exciting prizes. A user can not only compete for prizes but also for recognition from companies who just may decide to make the user their next superstar.
Mojotheapp Website and App however does not support any form of gambling, lottery, Multi level Marketing or any other games/items of such nature. If in the view of Mojotheapp Website and App any competition created by a user is likely to be similar to any form of gambling, lottery, raffles or any other games/items of such nature, it may on its own accord without issuing any prior intimation to the User withdraw such a competition. Mojotheapp Website and App shall not be liable to the User in any manner whatsoever for such withdrawal of the competition.
1.4 LLP shall be the sponsor of the prizes for all contests organized and put up on the App by the clients of the LLP or the LLP itself.
3.1 In order to register on the App, a User shall be required to open an account with the App, for which he/ she may be required to provide information about themselves. The App reserves the right, with respect to any such registration, to refuse to grant a User, and such User may not use, a user name (or email address) or screen name (a) that is already being used by someone else; (b) that may be construed as impersonating another person; (c) that belongs to another person; (d) that violates the intellectual property or other rights of any person; (d) that is offensive; and/or (e) that is rejected by the App for any other reason in its sole discretion.
3.3 A User shall be responsible for keeping confidential any and all passwords that are either provided to the User by the App or chosen by a User for the purposes of registration of their account on the App. A User shall be solely responsible for any unauthorized use/activity that may take place in his/ her account pursuant to any disclosure of a password/ user name by such User (either voluntarily or otherwise) to any other person, and shall not hold the App/ LLP liable for any such unauthorized use of his/ her account. Further, a User agrees to immediately notify the App/ LLP of any such unauthorized and/or fraudulent usage of his/ her account. The App/LLP shall not be responsible for any loss that may be suffered by a User as a result of any unauthorized use of his/ her account.
4. License for limited use
4.2 The LLP reserves the right, in its sole discretion, to deny a User access to its App or any portion thereof immediately, without notice for the following reasons:
(a) for any unauthorized access or use of his/ her account;
4.3 A User agrees that by posting/ publishing/ uploading, information and content on the App, he/ she grants/ assigns the App/LLP with a non-exclusive, royalty free, irrevocable, perpetual and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such information and content in any form that it may chose.
Terms of Payment.
The Company shall pay User within thirty (30) days following the end of each calendar month. If the payout is less than $1 it will be held until amounts due equal or exceed $1. If User disputes any payment, it must notify The Company in writing within sixty (60) days of the date of payment or forever waive User’s rights to raise the dispute.
The Company will not be obligated to pay for any fraudulent actions generated by any person, bot, automated program or similar device, as reasonably determined by The Company.
You agree and acknowledge that the Company does not implement identification procedures about the PayPal account or any other payout mechanism you provide. Thus, you must provide the Company with truthful, accurate, and complete PayPal account information in order to avoid any payment errors.
If you provide the Company with another person’s PayPal account due to carelessness, hacking, intent to deceive, or for any other reason, the Company you waive the right to any commission transferred to such account. For clarification, the Company cannot cancel or retransfer such transaction and/or transfer to a different PayPal account. If you provide the Company with an invalid, inaccurate, or deceptive PayPal account or do not provide a PayPal account, the Company may withhold any commission until a valid PayPal account is provided, whereupon the commission may be made at Company’s sole discretion.
Nothing in this TOS or the use of Company’s Services creates any employment relationship between user and Company.
You agree that you are solely responsible for any and all applicable tax obligations, if any, due to all taxing authorities arising from or in connection with your Commission in any Service in your country.
5. Information on the App
5.1 Whilst every effort is made to update the information contained on the App, neither the LLP/ App nor any third party or data or content provider make any representations or warranties, whether express, implied, in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data, information posted by Users and/or content contained on the App (including but not limited to any information which may be provided by any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the App. The LLP/ App reserves the right at any time to change or discontinue without notice, any aspect or feature of this App, including, but not limited to, the availability of any channels, live chat services etc.
5.2 Information offered on the App is only for information purposes and shall not be construed as advice. A User relies on the Information contained on this App at his/her/its own risk. If the User finds an error or omission on the App it may inform the App about the same. The App may take into consideration such input by a User but is under no obligation to act on such input.
6. Intellectual Property Rights
6.1 The trade marks, names, logos and service marks, domain names, inventions and/or other intellectual property, including, but not limited to, the Information (“IPR”) displayed on this Site and App is the IPR of the LLP, or as the case may be, as stated on the App, of other third parties who have provided a license to the LLP/ App for use. Nothing contained on this App should be construed as granting any license or right to use any IPR without the prior written permission of the LLP or the relevant third party, as the case may be. Any other material displayed on the App that is capable of being protected as intellectual property shall be the property of the LLP unless it is stated as owned by a third party. Further, nothing contained on this App should be construed as granting any license or right to use any such material without the prior written permission of the LLP or the relevant third party, as the case may be.
6.2 A User shall not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized to do so in writing by the LLP/ App prior to such use. Further, a User shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the App, or any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the LLP prior to such use. In addition, the User shall not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the App without prior written authorization. Except as set forth herein, any other use of the information/data/content contained on this App requires the prior written consent of the LLP and may require a separate fee.
6.3 The LLP may collect information and material posted and/or disclosed on the App by a User (whether such information is posted/disclosed in a closed chat, as a blog or otherwise) for the maintenance of records, for the development of its own businesses, handling general enquiries concerning its services, providing better user interface, making the visit to the App more user-friendly for the Users as well as clients of the LLP who put up contests etc. on the App. The User hereby acknowledges that in gathering and using such information the LLP will not be violating the IPR of the User.
6.4 A User shall indemnify and keep indemnified the LLP against any losses or damages that the LLP suffers as a result of use of the IPR of a third party by the User without obtaining an appropriate license or permission from the relevant third party.
6.5 The User hereby irrevocably confirms that any intellectual property created pursuant to the participation of the User in any of the contests run by the App shall belong to the LLP and/ or the clients of the LLP who create such contests for the App, as the case may be. The User hereby agrees not to claim any right, title or interest in relation to such intellectual property.
7. Pop-up – third party applications
7.1 There may be links contained on the App or pop-up advertisements to other applications/ websites/ web pages/blogs etc. which will give a User access to such other applications/websites/web pages/blogs etc. (“Linked Apps”). The applications/ websites/ web pages/blogs etc. accessible by such Linked Apps are not under the control of the LLP. The LLP has not reviewed, nor approved the content, services, material, other links etc. available on such Linked Apps and shall not be held responsible in any manner whatsoever for any contents, services, other links etc. (or lack thereof) on any such applications/websites/web pages/blogs etc. The inclusion of any such applications does not imply endorsement by the LLP/ App of such other Linked Apps. When visiting such Linked Sites the User must refer to the external application/websites terms and conditions of use. No hypertext links/ links to third applications shall be created from any application/ website controlled by the User or otherwise to this App, without the express prior written permission of the LLP. The User is to contact the LLP if it would like to link to this App or would like to request a link to its application/website.
8. Sharing of User Information
9. Public Forums, User Submissions and Restrictions
9.1 The LLP shall not be responsible for any material on its App that is submitted to the App by the User (which includes information posted on public forums or any other public area found on the App). It is hereby clearly expressed that all such material (submitted by any User) is not endorsed, reviewed or approved by the LLP.
9.2 Information/ material that Users reveal on public forums including data, messages, photographs, videos, graphics etc. can be seen by third parties unrelated to the LLP/ App. It is therefore important that a User carefully considers what information he/she discloses on these forums.
9.3 The User agrees to use the App and the public forums (if any) therein only to (i) send and receive messages and material that are proper and lawful; (ii) avail the bona fide services provided by the App; (iii) create as well as participate in contests put up by the clients of the LLP and/or the LLP itself.
9.4 The User also understands and agrees that neither Apple Inc. nor any of its affiliates are in any manner associated with any of the contests on the App by the clients of the LLP. Further, the prizes for the contests on the App are not and shall in no way, be related to Apple Inc. nor will any apple products be given as prizes for such contests.
9.5 The User agrees not to use the App to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, and pornographic or violates any applicable law.
9.6 The LLP reserves the right to remove any material submitted or posted by a User on the App, without notice to the User, if it becomes aware and determines, in its sole and absolute discretion that such material:
(a) is defamatory, obscene, indecent or unlawful;
(b) contains or is likely to contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the LLP’s and/or a third party’s computer system and/or network;
(c) infringes or violates any copyright, trade mark, other applicable Indian or international laws or intellectual property rights of the LLP or any other third party;
(d) interferes or is likely to interfere or obstruct the usage and enjoyment of the services of the App by some other User;
(e) may damage or destroy the functioning of the App; and
(f) damage, tarnish and/or jeopardize the reputation of the LLP/ App in any manner.
9.7 Further, the LLP/ App reserves the right to block/ blacklist a User if it determines, in its absolute and sole discretion that the User has in the past, is or is likely to do any of the following:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the rights of other Users or any third parties;
(b) publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
(c) post or upload files that contain viruses, corrupted files or any other similar software or programmes (“SPAM”) whether or not such files, software etc. are capable of damaging the operation of the LLP’s and/or a third party’s computer system and/or network;
(d) violate any copyright, trade mark, other applicable Indian or international laws or intellectual property rights of the LLP or any other third party;
(e) download any file posted by another user from a forum that you know, or reasonably should know, cannot be legally distributed in such manner;
(f) used unfair means or provide incorrect information to participate in any contests/competitions put up on the App by the clients of the LLP and/or the LLP as sponsors of all such contests/competitions that have been put up;
(g) publish, post, distribute or disseminate information impersonating any other User; and
(h) reveal any information about any other User that may be sensitive personal information about such User.
9.8 It is clarified that this list is not exhaustive and that the LLP reserves the right to block/blacklist the User if it comes to the attention of the LLP/ App that the User is not using the App for bona fide purposes or that the User is not over the age of 18 (eighteen) years and has misrepresented the facts in order to avail the services/products/facilities on the Website/App and/or to participate in the contests/competitions put up on the App since he/she is required to comply with the age restrictions contained therein.
9.9 The User hereby indemnifies the LLP/ App against any loss, liability, damage or expense of whatever nature which the LLP/ App and/or any third party may suffer which is caused by or attributable to, whether directly or indirectly, to the User’s use of the App to send or post any such message or material.
10. Access to the App & Delays
10.1 The App may not be accessible at certain times, or its access may be interrupted and the LLP shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, terrorist attacks or other causes beyond its control. The LLP shall have no responsibility to provide a User access to the App while interruption of App due to any such cause mentioned herein above shall continue. The LLP may in its sole discretion, have the right to discontinue, delay and/or suspend the availability of any service on the App at any point of time and shall not be held liable for any loss that may be incurred by any User caused due to such discontinuance/ delay/ suspension.
10.2 Further, the LLP shall also not be responsible for the transmission of viruses or other contaminating or destructive programs through the App, and use of the App is at the User’s risk.
11. Monitoring Use of the App
11.1 The User understands and acknowledges that the information and material posted or disclosed by him/her on the App is freely accessible by other Users of the App as well as by the LLP. The LLP shall not be liable in any way for any damage or loss caused to the User in the event that the User discloses or posts any Personal Information and such Personal Information is misused by another User of the App or any other person.
11.2 The User also understands and acknowledges the LLP/ App has no responsibility or liability whatsoever for monitoring the use of services on the App and content put up and exchanged on and through the App or any Forums. The User agrees that the LLP/ App has a right, but not the obligation, to monitor such content and filter, modify, block and/or remove any content posted, published, uploaded and/or downloaded through the App and the right, but not the obligation, to copy, read, record and examine all or any of such content and its usage.
11.3 Further, the LLP/ App also reserves (including but not limited to) the right at all times to disclose any information posted on any portion of the App as necessary:
(a) in order to operate the services provided by the App;
(b) to protect the LLP, its parent or subsidiary companies, its affiliates and their respective designated partners, officers, employees, agents and the Users; and
12.1 Access and use of the App is free of charge. If the LLP/ App introduces a charge or fee for the use of the App, any features provided therein or any service(s) provided by the App, then it shall expressly notify the Users before applying such charge/fee. In the event, the LLP/ App is required to charge a fee/applicable tax by virtue of any provisions of any law, rules or regulations that are either applicable or may be applicable in future, the User expressly agrees to pay such fee/charge that may be levied by the LLP/ App under the relevant provisions of such law/rules/regulation.
13.1 The LLP/ App makes no warranties, representations, statements or guarantees (whether express, implied, in law or residual) regarding the App, the Information contained on the App, information regarding the services provided by it, the availability of services on the App such as manner of conduct of any contests or competitions put up on the App, declaration of results of such contests or competitions, recognition on leader boards and the delivery (or failure thereof) of rewards/prizes (if any) for the same to the winner of such contests or competitions.
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any applicable law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without mojo cash and reward’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of mojo cash and rewards; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. mojo cash and rewards reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if mojo cash and rewards is concerned that you may have used or operated the Service other than as intended, or for any other reason at mojo cash and rewards’s sole discretion.)
13.2 All such content, information, software, products, features and services available on the App are provided “as is” without warranty of any kind. Further, the LLP/ App and/or its associated entities also hereby disclaim all warranties and conditions with regard to the content, information, software, products, features and services, including all implied warranties and conditions of title, non-infringement, and availability.
14. Disclaimer of Liability
14.1 The LLP/ App shall not be responsible for, and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the User or any third party, as a result of or which may be attributable, directly or indirectly, to the User’s access and use of the App, any Information contained on the App, the User’s Personal Information or material and information transmitted over the App.
14.2 In particular, neither the LLP/ App nor any third party or data or content provider shall be liable in any way to the User or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any inaccuracies, errors in, or omission of any Information provided or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby.
14.3 Under no circumstances will the LLP/ App be held responsible or liable, in anyway, for any content which is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of any infringement of another’s rights including intellectual property rights. The User specifically agrees that the LLP/ App shall not be responsible for any content that may be sent/posted/published/uploaded on the App by a third party. In the event a User has any complaint or a grievance against any content that is posted by a third party, such User may write to us at [email protected]otheapp.com.
14.4 In no event shall the LLP/ App be liable to the Users for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with:
(i) the use of this App;
(ii) with the delay or inability to use this App;
(iii) for any content, information, software, products, features and services obtained or used through this App;
(iv) any defect/shortfall/deficiency in the prize or the breakage of the prize while in transit;
(v) failure or delay on the part of the LLP as sponsors to deliver to the winners of any contests put up on the App, their prize/reward due to the following reasons:
• if the winner of a contest on the App absents himself from taking delivery of the prize and/or fails to collect the same within 15 days from the acknowledgement of the acceptance of the prize by him/her. In such cases the prize will stand forfeited, without any further notice to the User.
• if the failure or delay is caused due to weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, terrorist attacks, inevitable accidents, acts of god or any other circumstances amounting to force majeure.
• Non-availability of the prize advertised on the App.
(vi) or any other issue otherwise arising out of the use of this App.
14.5 The User understands and agrees that the contest prize shall not be transferable, assignable or exchangeable and by no means will a cash equivalent of the prize be given. Further, the User also understands that the prize cannot be negotiated or refunded. The contest winner and no other person or agent shall be allowed to claim the prize on his/her behalf. The LLP shall also have the right to substitute the contest prize with any other prize of similar or equal value in case of non availability of the product, as determined by the LLP in its sole discretion.
14.6 This waiver applies, without limitation, to any damages or injury arising from any failure of performance such as error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.
A User shall indemnify, keep indemnified and hold harmless the App / LLP from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) a User’s access and use of the App; (b) any non-compliance by a User of the App Terms & Conditions (as defined below); (c) any third party actions related to the receipt and use of any information or content by a User available on the App whether authorized or unauthorized; (d) any views expressed by a User in a Forum on the App; (e) any wrong or incorrect information that is provided by a User to the LLP/ App or its associates/ agents; and/or (f) any action initiated or any relief sought by a User due to failure on the part of the LLP as the sponsor to deliver anything promised and forming a part of a contest or event organised and put up on the App for any reasons as stated above in Clause 14.
16.1 Entire Agreement.
The LLP may at any time modify any relevant terms and conditions, policies or notices which form a part of the App Terms & Conditions. The User acknowledges that by visiting the App from time to time, it shall become bound to the current version of the relevant App Terms & Conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. The User shall be responsible for reviewing the then current version each time he/ she visits the App.
Any delay, failure, forbearance or indulgence by the LLP/ App in exercising, enforcing at any time any of the provisions of the App Terms & Conditions shall not constitute or be construed to be a waiver of such provisions or of the right of the LLP/ App to enforce any such provisions. No single or partial exercise of any rights under the App Terms & Conditions shall preclude any other or further exercise of such rights or the exercise of any other rights under the App Terms & Conditions.
If any provision of the App Terms & Conditions or the application thereof become invalid or unenforceable, to any extent and for any reason including by reason of any Applicable Law, the remainder of the App Terms & Conditions and the application of such provision shall not be affected thereby, and each provision of the App Terms & Conditions shall be valid and enforceable to the fullest extent permitted by the Applicable Law.
16.6 Cancellation of Registration
In the event, a request is made by a User for cancellation of his/ her account as set out in Clause 16.9 below, such cancellation shall not affect any right or relief to which the LLP/ App may be entitled, at law or in equity. Upon such cancellation of registration, all rights granted to such User will terminate and revert to the LLP/ App. Except as set forth herein, regardless of the reason for cancellation, the fee charged (if any) for access to the App is non-refundable for any reason.
16.7 Applicable Laws.
All the App Terms & Conditions shall be governed by and construed in accordance with the laws of India. The User hereby consents to the exclusive jurisdiction of the courts of Mumbai, India in respect of any disputes arising in connection with the use of the App, the App Terms & Conditions or any other relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Use of this App is unauthorized in any jurisdiction that does not give effect to all provisions of the App Terms & Conditions, including without limitation this paragraph. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
16.8 Attorney’s Fees
If the LLP/ App is required to take any action against a User (either by itself or through its associate companies) to enforce any of the provisions of the App Terms & Conditions, the LLP/ App shall be entitled to recover from the User (and the User agree to pay), in addition to any other relief at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
16.9 Comments, Questions, Complaints & Suggestions
If the User (i) has any questions, comments or concerns arising from the App Terms & Conditions; (ii) desires to provide input on the Information on the App or the material provided by another User; (iii) who desires to send in any requests/concerns/suggestions with respect to the App; (iv) is desirous of discontinuing /cancelling his registration; (v) the use of the App by another User; or (vi) if the User wishes to lodge any complaints regarding the App for example misuse or abuse of the facilities available on the App by another User, technical snag in the software etc., such User may write to the LLP/ App or contact the LLP/ App at [email protected]