Terms of Service

Mobatly Properties (PTY) LTD

1. Acceptance of Terms

Welcome to MOB Smart Multi Currency ("MOB Smart Currency"), a marketplace platform operated by Mobatly Properties (PTY) LTD ("Company", "we", "us", or "our"). By accessing or using our website at smartcurrency.digital and any associated services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you must not access or use our Platform. We reserve the right to modify these Terms at any time. Your continued use of the Platform after any changes constitutes acceptance of the new Terms.

2. Platform Description

MOB Smart Currency is a marketplace platform that enables:

  • Vendors to list and sell software products, addons, and digital goods
  • Buyers to discover, purchase, and download software products
  • Affiliates to promote products and earn commissions on referred sales

Specific terms for each user type are provided in separate agreements:

3. Account Registration

3.1 Eligibility

To use our Platform, you must be at least 18 years old and capable of entering into legally binding contracts. By creating an account, you represent that you meet these requirements.

3.2 Account Responsibilities

You are responsible for:

  • Providing accurate and complete registration information
  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access

3.3 Account Types

Our Platform supports multiple account types. Users may have multiple roles (e.g., a vendor who is also a buyer). Each role is subject to its respective terms and conditions.

4. Acceptable Use

When using our Platform, you agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Upload or distribute malicious code, viruses, or harmful software
  • Engage in fraudulent activities or misrepresentation
  • Harass, abuse, or threaten other users
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of the Platform
  • Scrape, crawl, or use automated means to access the Platform without permission
  • Create multiple accounts for fraudulent purposes
  • Circumvent any fees, restrictions, or security measures

5. Intellectual Property

5.1 Platform Content

All content on our Platform, including but not limited to text, graphics, logos, and software, is owned by Mobatly Properties (PTY) LTD or our licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 User Content

Users retain ownership of content they submit to the Platform. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with operating the Platform.

5.3 Vendor Products

Vendors retain all intellectual property rights to their products. The Platform does not claim ownership over vendor-submitted products or code.

6. Payments and Fees

6.1 Platform Fees

The Platform charges fees for various services:

  • Vendor Commission: 30% of each sale
  • Affiliate Commission: 20% of referred sales
  • Payout Processing: Processed within 15 days

6.2 Payment Processing

All payments are processed through secure third-party payment processors. By making a purchase, you agree to the terms of our payment processors.

6.3 Taxes

Users are responsible for determining and paying any applicable taxes on their transactions. Vendors are responsible for reporting and remitting taxes on their earnings.

7. Refunds and Disputes

Our refund and dispute resolution policies are designed to protect both buyers and vendors. For detailed information, please refer to:

Key points:

  • Issues must be reported within 14 days of purchase
  • Buyers must first contact the vendor to resolve issues
  • Vendors have 3 days to respond to issues
  • Disputes can be escalated to the Platform if unresolved

8. Termination

8.1 Termination by User

You may terminate your account at any time by contacting us at support@mobsmartcurrency.com. Termination does not relieve you of any outstanding obligations.

8.2 Termination by Platform

We reserve the right to suspend or terminate your account at any time, with or without cause, including but not limited to:

  • Violation of these Terms or other Platform policies
  • Fraudulent or illegal activity
  • Extended inactivity
  • At our sole discretion for any reason

8.3 Effect of Termination

Upon termination, your right to use the Platform immediately ceases. We may retain certain data as required by law or for legitimate business purposes. Vendors will receive any outstanding earnings above the minimum payout threshold.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Platform will be uninterrupted, error-free, or secure
  • Any defects will be corrected
  • Products sold by vendors will meet your expectations
  • Results obtained from using the Platform will be accurate or reliable

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBATLY PROPERTIES (PTY) LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mobatly Properties (PTY) LTD, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content or products submitted to the Platform

12. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Platform shall be resolved through:

  1. Informal negotiation (30 days)
  2. Binding arbitration in accordance with applicable arbitration rules

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable role-specific terms, constitute the entire agreement between you and Mobatly Properties (PTY) LTD regarding the Platform.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

14. Contact Information

For questions about these Terms of Service, please contact us:

  • Company: Mobatly Properties (PTY) LTD
  • Email: support@mobsmartcurrency.com
  • Website: https://smartcurrency.digital

If you have any questions about this document, please contact us at support@mobsmartcurrency.com