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Moocho - Terms of Service

IMPORTANT - READ CAREFULLY THE FOLLOWING AGREEMENT BEFORE DOWNLOADING, INSTALLING OR USING THE MOOCHO SOFTWARE (AS DEFINED BELOW).

THE MOST CURRENT VERSION OF THIS AGREEMENT IS AVAILABLE AT WWW.MOOCHO.COM. AS A CONDITION PRECEDENT TO THE USE OF THE SOFTWARE AND SERVICES AS PROVDIED HEREIN, YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY THIS REFERENCE AND AVAILABLE AT: WWW.MOOCHO.COM

BY SELECTING THE “I AGREE” BUTTON BELOW YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT CLICK “I AGREE” OR DOWNLOAD, INSTALL OR USE THE SOFTWARE OR SERVICES. IF YOU SELECT “CANCEL”, THE INSTALLATION PROCESS WILL NOT PROCEED.

Furthermore, you hereby waive any rights or requirements under any law or regulation in any jurisdiction which requires an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

The following terms of service (the "Terms of Service" or "Agreement") stipulate the terms and conditions of your use of the software applications (such as apps downloaded from the Apple App Store or Google Play), the website located at http://www.Moocho.com (the "Website"), including, without limitation, any patches, revisions, updates, upgrades or replacement thereto, (collectively, the "Software") and online services (“Service”, and any reference to the Service shall include the Software) provided to you by Moocho Inc. ("Moocho"). The Service is provided solely for your own use.

The Service enables you to transact, through your mobile device, tablet computer, personal computer or any other device with internet connectivity (each, a “Device”), with businesses, service providers and vendors (the "Merchants") from which you can order and pay for products and/or services offered by such Merchants through the Service. To remove any doubt, it is hereby clarified that Moocho only provides the platform for such transaction and is not a party thereto.

The nature of the Service that Moocho provides may change from time to time without prior notice to you. In addition, Moocho may cease (permanently or temporarily) providing the Service (or any part thereof) to you or generally to other users with or without prior notice. The Service may include advertisements, which may be tied to the Content (as defined below) or other information provided through the Service. Your use of the Service constitutes your consent that Moocho or Merchants may place advertisements through the Service.

Your use of the Service is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Service, you are indicating that you agree to be bound by these Terms of Service. Moocho reserves the right to amend, discontinue, limit, disable, terminate or cancel any feature of the Service.

Changes to the Terms of Service

Moocho may, in its sole discretion, make changes to these Terms of Service, from time to time, with or without notice to you. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. You can determine when the Terms of Service were last modified by checking the “Last updated” legend on the top of the Terms of Service. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other prior version.

Grant of License

Subject to your full compliance with all of the terms and conditions of this Agreement, Moocho hereby grants you a limited, personal, non-commercial, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable, free of charge, license to download, install and use the Software on your Device for the sole purpose of your personal use of the Software in connection with provision of the Service by Moocho. Moocho is entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any notice to you, for the repair, improvement or upgrade of the Service or for any of the reasons mentioned herein. Moocho may, at its sole discretion and without any notice to you, change the technical features of the Service or of the Software.

License Exclusions

You may not make any use of the Software in whole or in part that is not expressly permitted by this Agreement. Without limiting the generality of the foregoing, you shall not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other persons to use the Software, rent, lease or transfer the Software or the rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or any part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to Moocho. The license granted herein does not grant you any right to any version enhancement, update or upgrade to the Software. Moocho may revise, modify, cease to provide or require you to immediately cease using, the Software or its functionality or any part thereof, which may result in loss of compatibility, tools, information and databases, or other commercial activities related thereto, from time to time, without notice.