TERMS AND CONDITIONS

Welcome. Thank you for choosing us and becoming a member of MOBER.

Read the following terms which our Service is based on. These contain important information with regards to your legal rights, resources, and obligations. When starting to use MOBER platform, you accept to comply and subject to the present Service Terms.  

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The present Service Terms (“Terms”) constitute a legally binding service rendering between you and MOBER (according to what will be defined as follows) which control your entrance and usage of MOBER’s website, so too any subdomain of this website and any other website where MOBER has its services available (named, jointly, the “Website”), our applications for mobile devices, tablets, and other smart devices and applications (named, jointly, the “Application”), and all services associated (named, jointly, “MOBER Services”). Hereunder MOBER’s Website, Application, and Services will be named, jointly, “MOBER’s Platform”. Our MOBER friends Warranty Terms, Customer Return Policy, and other policies applicable to the usage of MOBER’s platform, are included by reference to the present service.   

 

When the terms mention, describe “MOBER”, “us”, or “our” (and other variations included), it refers to MOBER society with which the rendering of services is signed with.

 

If you live in the United States, you will be acquiring a service with MOBER within a state, city, community “only” within the United States.

 

Our gathering and usage of personal information regarding your access and usage of MOBER’s Platform is described in our Privacy Policy.

 

Each and every one of the payment processing services through or related to MOBER’s Platform usage (“Payment Services”) will be provided by one or more entities MOBER sees necessary.

MOBER Friends represent a service within our platform hereby referred to as "MOBER Friends". They shall be solely responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to our service advertisements. MOBER Friends will be solely responsible for identifying and obtaining any licenses, permits, or registrations necessary for any experience they offer outside of our services.

 

The service we offer on the platform explicitly stated (Our service consists of moving your garbage cans from the point where you indicate us outside your home - to the place where the garbage collection truck passes (WE DO NOT TAKE OUT GARBAGE CANS FROM WITHIN A HOUSE OR GARAGE). Our service is limited to only moving the garbage cans 0-24 hours before the garbage truck picks up your garbage and return them once the cans are empty and leave them in the same place where you instructed).

 

It is possible that certain types of Services that are not included in the platform are completely prohibited. So please identify and be able to fully ensure that we have a single service mentioned above. Penalties can range from fines to other types of penalties. If you have any questions about how local law are applied to your MOBER Friends Listing(s) and Service(s), you should always use a legal guidance service.

 

1. REGARDING THE SERVICES OF MOBER.

1.1 MOBER’s Platform is an online (Website) that allows users to register as ("Members"), hire the only service we offer ("Transport of garbage cans"). A reservation (appointment) is set directly with the administrative area on MOBER’s Platform, (Members who use the Services are "Customers"). MOBER Friends services may include round-trip transportation from the garbage can at a standard distance between the home and the street where the garbage truck picks up trash cans.

 

1.2 As a provider of the Platform (Website), MOBER does not own, create, sell, resell, supply, control, manage, offer, deliver, or provide any advertisement outside the explicitly mentioned garbage can transport service. MOBER Friends are exclusively responsible for operating the only service mentioned above. Their advertisements and services outside this platform are not contemplated within our responsibility given that if you are taking another service NOT MENTIONED in our platform, it is YOUR RESPONSIBILITY and MOBER does not contemplate the compensation or any response on the damage to the property or the common good of our clients.

When Members (Clients) make a reservation, subscribe a service of ours directly between a MOBER Friend and the Client, MOBER acts as an administrative agent of the service that is being taken within our platform and will be solely responsible for charging for the service taken.

 

1.3 Although we may help facilitate the resolution of complaints, MOBER has no control over, and does not guarantee the existence, quality, safety, suitability, or legality of any MOBER FRIENDS advertisements or services outside the platform or personal inquiries that may deal with MOBER FRIENDS outside the platform.

The truthfulness or accuracy of our advertisement descriptions, Ratings, Reviews, and other content for our customers (as defined below) or the performance or conduct of any Member or third party, MOBER does not endorse any MOBER Friends’ Member, Advertisement, or Service outside of this platform.

Any reference to a "verified" MOBER friend (or other similar term) only indicates that that Member has completed the corresponding verification or identification process but does not mean anything else. This type of description is not an endorsement, certification, or guarantee by MOBER about any Member, including the identity or background of the Member or the fact that the Member is reliable, safe, or adequate. You should always exercise due diligence and attention when deciding whether or not to hire a service. Verified Images (as defined below) are intended only to indicate a photographic representation at the time the photograph was taken, and are not, therefore, an endorsement by MOBER of a MOBER Friend.

1.4 If you choose to use the MOBER Platform as MOBER FRIENDS (as defined below), your relationship with MOBER will be limited to that of a third-party independent contractor and not that of an employee, agent, joint venture member, or partner of MOBER for any reason. In addition, you will act exclusively on your own behalf and in your own interest, and not on behalf of or in the interest of MOBER. MOBER will not direct or control, nor shall it be deemed to direct or control, your actions or behavior under these Terms, including with respect to your provision of the MOBER Friends Services. You acknowledge and agree that you may, in your sole discretion, develop the MOBER Friends Services or undertake any other commercial or work activity.

1.5 To assist Members who speak different languages, Announcements and other Member Content may be translated, in whole or in part, into other languages. MOBER cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and checking the accuracy thereof. The MOBER Platform may contain translations powered by Google.

 

1.6 The MOBER Platform may contain links to third-party websites or resources ("Third Party Services") in the short, medium, or long-term development. This will be informed in advance to all our registered customers.

 

1.7 Due to the nature of the Internet, MOBER cannot guarantee the continuous and interrupted availability and accessibility of the MOBER Platform. MOBER may restrict the availability of the MOBER Platform or certain areas or functions thereof if necessary due to capacity limits, security, or the integrity of our servers, or to carry out maintenance measures to ensure the correct or improved functioning of the Platform.

 

2. ELIGIBILITY, USE OF THE MOBER PLATFORM, MEMBER VERIFICATION

2.1 You must be at least 18 years of age to enter to legally binding contracts access and use the MOBER Platform (Website) or the registration of a MOBER Account. By accessing or using the MOBER Platform you declare and guarantee that you are 18 years of age or older and have the legal capacity and authority to subscribe to or take a service with us.

 

2.2 You must comply with all applicable control laws in your local jurisdiction.

 

2.3 MOBER may subject access to and use of the MOBER Platform (Website), or certain areas or functions thereof, to certain conditions or requirements, such as carrying out a verification process, meeting specific qualities or eligibility criteria, satisfying thresholds of Ratings or Evaluations, or a certain history of reservations and cancellations of a Member.

 

2.4 The verification of users on the Internet is difficult and we assume no responsibility for the confirmation of identity of any Member (Client). Notwithstanding the foregoing, for transparency and fraud prevention purposes, and to the extent permitted by law, we may, but are not obligated to, subject to additional checks designed to help verify the identity or background of Members (Customers).

 

2.5 Access to and use of certain areas and functions of the MOBER Platform (Website) may be subject to separate policies, rules or guidelines, or may require you to agree to additional terms and conditions. If there is any conflict between these Terms and the terms and conditions applicable to a specific area or function of the MOBER Platform (Website), the latest terms and conditions will prevail with respect to your access or use of that area or function, unless otherwise indicated.

 

1. MODIFICATION OF THESE TERMS

MOBER reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the MOBER Platform and update the "Last Updated" date at the top of them. We will also notify you of the changes by sending you an email. If you disagree with the revised Terms, you may terminate OUR SERVICES with immediate effect. We will inform you of your right to terminate OUR SERVICES in the notification email. If you do not terminate OUR SERVICES prior to the effective date of the revised Terms, your continued access to or use of the MOBER Platform will constitute acceptance of the revised Terms.

 

 

1. ACCOUNT REGISTRATION

4.1 You must register an account ("customer - Mandatory registration to take our services") to access and use certain functions of the MOBER Platform (Website).

 

4.2 You can register a MOBER account with an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"), you can disable the connection between your MOBER Account and your SNS Account at any time.

 

4.3 You must provide accurate, current, and complete information during the registration process and keep the MOBER Account information and the public profile page of your MOBER Account up to date at all times.

 

4.4 You may register more than one (1) MOBER Account, with different emails unless MOBER does not authorize it.

 

5. CONTENT

5.1 The MOBER digital and advertising design team has the sole authorization to allow them to create, upload, publish, send, receive, and store content, such as text, photos, audio, video, and other material and information to, through the MOBER Platform ("Content for registered or non-called users - Members"); and access and view the MOBER Content and any content that MOBER itself makes available on or through the MOBER (Website) Platform.

 

5.2 When creating, uploading, publishing, sending, receiving, storing, or otherwise making available any MOBER Content (Website) on or through the MOBER Platform, you grant MOBER an exclusive, worldwide, royalty-free, irrevocable, perpetual (or enforceable during protection), sublicensable, and transferable license to such MOBER (Website) Content to access, not use, store, copy, modify, prepare derivative works, distribute, publish, transmit, broadcast continuously, spread, and exploit in any other way and manner such Member Content to provide and / or promote the MOBER Platform (Website), on any medium or platform.

 

5.3 You acknowledge and agree that MOBER friends will have the right to use any verified Images for advertising, marketing, and/or any other business purpose in any type of support or platform, whether in connection with promotional advertisements for business cards, banners, clothing, or any advertising media accepted by MOBER’s (Website), advertisement or otherwise, without further notice or compensation to you. In case MOBER is not the exclusive owner of the Verified Images, by using such Verified Images on or through MOBER’s (Website), you grant MOBER the exclusive, national or international, royalty-free, irrevocable, perpetual (or in force during protection), and transferable permission for the use of said Verified Images in advertising, marketing, and / or any other business purpose in all types of support and our MOBER platform (Website), whether in connection with your photograph or otherwise, without further notice or compensation to you.

 

5.4 MOBER will not publish, upload, disseminate, send, or transmit any Member Content that: is fraudulent, false, misleading (directly or by omission or failure to update information), or fallacious; is defamatory, libelous, obscene, pornographic, vulgar, or offensive; promotes discrimination, bigotry, racism, hatred, harassment, or harm against any person or group; is violent or threatening or encourages violence or actions that are threatening to any other person; promotes illicit or harmful activities or substances; or violates MOBER's Content Policy or any other MOBER policy. MOBER may, without prior notice, remove or disable access to any Member Content that MOBER deems to be in violation of these Terms or MOBER's current Policies or Rules, or that in any way may be harmful or offensive to MOBER, its members, third parties, or material goods.

 

6. SERVICE FEES

6.1 MOBER may charge fees to customers ("Customer Fees") (hereafter, collectively, the "Service Fees") in consideration for the use of the MOBER Platform (Website). You can find more information about when Service Fees apply and how they are calculated within our page.

 

6.2 All applicable Service Fees (including applicable Taxes) will be shown to the Customer or member who takes our service prior to posting or booking a Listing. MOBER reserves the right to change the Service Fees at any time, and we will notify Members of any rate changes before they become effective.

 

6.3 The values expressed represent our company MOBER. In no case does it give the right to charge in a personalized way or on behalf of partial or total collections to a MOBER FRIENDS. All payments are made through the platform. In no case do we receive cash, check, transfer from a client to a MOBER FRIENDS directly or indirectly. This will damage due process and may incentivize poor service outside of our level of customer response.

 

7. RESERVATION MODIFICATION, CANCELLATION, AND REIMBURSEMENT, RESOLUTION CENTER

7.1 Members, customers, and registrants are responsible for any modifications they make to a reservation through the MOBER Platform (Website) or they order to be made to MOBER's (Website) customer service ("Reservation Modifications"), and agree to pay for the modifications for date changes that are made, or the additional service fees and Taxes that are associated with said Modifications of Reservations.

 

7.2 Customers may cancel a confirmed reservation up to a minimum of 4 hours before the service is executed, in accordance with the cancellation policy of the Announcement, and MOBER’s (Website). MOBER will modify the date of the reservation in first instance. In second instance, if the service is not taken, the refund of the money, according to the return rates, will be modified. This does not include the processing cost nor the return surcharges generated by our payment platform. If the client does not make the cancellation and does not proceed in the respective steps mentioned, the refund of the money will not be returned, nor will the scheduling of a new reservation be made under the cancellation policy applicable in accordance with the Payment Terms.

 

7.3 If MOBER cancels a confirmed booking, the Customer will receive a full refund of the Total Fees for that booking within a commercially reasonable period after cancellation. In some cases, MOBER will allow the Customer to apply the refund to a new reservation, in which case, MOBER will subtract the amount from the Customer's subsequent reservation when requested by the Customer.

 

7.4 If you are the operator of our MOBER FRIENDS service, and the customer cancels a confirmed booking or MOBER decides that it is necessary to cancel a confirmed booking and MOBER makes a refund to the customer in accordance with the Customer Refund Policy, the Force Majeure Circumstances Policy or any other applicable cancellation policy, you agree that, if you have already received the payment, MOBER may arrange for the refund of the amount of such refund on your behalf, including the deduction of such refunded amount from any charges owed to you.

 

8. TAXES

8.1 As a customer, you are solely responsible for paying the tax expenses for the service you take with us, your reporting obligations, and as a declarant, it is not MOBER's responsibility to charge, remit, or include in MOBER’s (Website’s) advertisements rates and other direct or indirect personal taxes for the rendering of your service.

 

8.2 As MOBER friends (service operator), you are solely responsible for determining your reporting obligations and as a declarant, it is not MOBER's responsibility to charge, remit, or include in its fees for our own MOBER (Website) advertisements and other direct or indirect personal taxes for your service.
 

8.3 Tax regulations may require us to collect proper tax information from our MOBER Friends, or to withhold Tax from payments to our MOBER Friends, or both. If you do not provide us with documentation that we deem sufficient to satisfy our obligation (if any) to withhold Taxes from payments made to you, we reserve the right to freeze all payments, withhold amounts required by law, or both, until the matter is resolved.

 

8.4 For (MOBER Friends), you understand that any agency, department, and/or competent authority (“Tax Authority") of the place where your service is located may require the collection of Taxes. Laws may vary from jurisdiction to jurisdiction, but these Taxes may be required to be collected and remitted as a percentage of the Fee for your service provided through the MOBER (Website) established by MOBER Friends, a fixed amount per day or other variations, and are sometimes referred to.

 

9. PERIOD OF VALIDITY AND TERMINATION, SUSPENSION, AND OTHER MEASURES

9.1 Each request for a service will have a minimum validity of one day (per service) and a maximum of one calendar month depending on the type of request required by our registered customers or not within our official www.mober.us website, after which they will not be renewed if the client does not take it automatically and continuously for successive periods of 1 or 30 days until the moment in which you or MOBER terminate the service in accordance with this provision.

 

9.2 You may rescind the request at any time by sending us an email. If you cancel your MOBER Customer Account or as MOBER Friends, all confirmed bookings will be automatically cancelled and Customers will be fully refunded all payments made, taking into account commission payments to our MOBER Platform (Website). If you cancel your MOBER Account as a Member, registered customer, or not, all confirmed reservations will be automatically cancelled, and any refund will depend on the terms of the cancellation policy of the Listing.

 

9.3 MOBER may terminate the service and/or prevent you from accessing the MOBER Platform, immediately and without notice, in the event that (i) you have materially breached your obligations under these Terms, Payment Terms, our Policies, or Rules, (ii) you have violated any law, regulation, or third party rights that apply to you, or (iii) MOBER believes in good faith that such action is reasonably necessary to protect the personal safety or property of MOBER, its Members, or third parties (e.g., in the event of fraudulent behavior by a Member).

 

10. INDEMNITY

You agree to release, defend (at MOBER's criteria), indemnify, and hold harmless MOBER and its affiliates and subsidiaries, including, without limitation, their officers, directors, employees, and agents, against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting expenses, arising out of, or in any way related to, your breach of these Terms or our Policies or Rules, your misuse of the MOBER Platform or any MOBER Services, and your interaction with any Member.

 

11. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

11.1 This Dispute Resolution and Arbitration Agreement will apply if your Country of Residence is the United States.

 

11.2 Summary of the Dispute Resolution Process. MOBER undertakes to participate in a consumer-friendly dispute resolution process.

 

11.3 Pre-Arbitration Dispute Resolution and Notice. Before initiating arbitration, you and MOBER agree that each will inform the other party of the dispute and first attempt to negotiate an informal resolution to the matter. We will contact you at the email address you have provided; you can contact MOBER's customer service team by sending us an email.

 

12. OBSERVATIONS

We welcome all feedback, comments, and suggestions for improving the MOBER Platform and encourage you to submit them to us ("Observations"). You can send us Feedback by sending us an email, through the "Contact" section of the MOBER Platform or by other means of communication.