END USER LICENCE AGREEMENT (FREE VERSION)

Last Updated: April 2019

IMPORTANT: PLEASE READ CAREFULLY BEFORE CREATING YOUR GOMOBI FREE WEBSITE:

This End User Licence Agreement ("Agreement") is a legal agreement made between Afilias Technologies Limited, 4th Floor International House, 3 Harbourmaster Place, IFSC, Dublin 1, Ireland, a company registered in Ireland with registration number 398040 ("goMobi") and a goMobi user (the "User") (together the "Parties") is effective as of the Commencement Date.

goMobi provides the ability to create and edit mobile friendly websites. The goMobi Service is made available to the User free of charge on a licence basis. The User wishes to use goMobi's Service (as defined below) and goMobi has agreed to provide, and the User has agreed to take and use, goMobi's Service subject to the terms and conditions of this Agreement.

By ticking the box “ACCEPT” and clicking “CREATE SITE”, User acknowledges and confirms acceptance of the terms and conditions of this Agreement, which are legally binding.

OPERATING SYSTEM REQUIREMENTS: THE SERVICE REQUIRES A DESKTOP BROWSER WITH JAVASCRIPT FUNCTIONALITY ENABLED. WE RECOMMEND THE LATEST SUPPORTED VERSION OF MOZILLA FIREFOX AND CHROME.

IMPORTANT NOTICE:
  1. License Terms
    1. Subject to the restrictions set out in this Clause 1, applicable law, the other terms and conditions of this Agreement, and in consideration of the User agreeing to be bound by and comply in full with this Agreement, User shall be granted a revocable, non-exclusive, non-transferable, non-assignable, non-sub licensable right to (a) use the Service; and (b) install and use a single copy of the Software solely for the purpose of redirecting mobile web traffic to the goMobi web site that is the subject of the goMobi subscription during the Subscription Term.
    2. User shall, during the Subscription Term and to the extent reasonably possible, effect and maintain adequate security measures to safeguard the Software from use by any unauthorised person. In particular, including with regard to any Authorised Users, the User undertakes that:
      1. the User and each Authorised User shall keep a secure password for use of the Software, and be responsible for keeping all passwords confidential;
      2. it shall permit goMobi to audit, through goMobi's capture of IP and/or MAC addresses and other login/logout activity data to which it has access, the use of the Services to ensure compliance with the terms and conditions of this Agreement; and
      3. it acknowledges that goMobi shall, without prejudice to goMobi's other rights, retain the right to promptly disable the Service and cease to provide the Support Services (including disabling all User passwords) if goMobi learns that access has been provided to any individual who is not an Authorised User.
    3. User shall be solely responsible for ensuring compliance with all local laws and regulations in relation to its use of the Services.
    4. User shall be solely responsible for observing any applicable export and import laws that govern its use of the Services. In particular, User shall not export the Services or any part thereof, directly, or indirectly, in violation of these laws, or use them for any purpose prohibited by these laws.
    5. In the event that the User's use of the Services is reasonably deemed by goMobi to constitute unfair use, goMobi reserves the right to, in its sole discretion and without limiting its other rights or remedies, permanently or temporarily, discontinue provision of or access to the Services to the User.
    6. User acknowledges and agrees that goMobi, and goMobi's parent company Afilias Limited, may make commercial use of anonymised non personal User Data, IP and/or MAC addresses and other login activity data to which it has access for analytical purposes in order to monitor and facilitate the provision of the Software and to improve the features and functionality of the Services, as well as the products and services of Afilias Limited, in accordance with goMobi's Privacy Policy https://gomobi.info/privacy-policy/
    7. The User must not attempt to gain unauthorised access to the Service, in particular non-public areas, the server on which the Services and Software are stored, or any server, computer or database connected to the Software or Services. The User must not attack, or facilitate an attack on, the Software or Support Services via a denial-of-service attack or a distributed denial-of service attack.
    8. In the event that additional services are required to be provided by goMobi to the User or if the User wishes to transfer or upgrade to the paid subscription services provided by goMobi, the provision of such services shall be governed separately under the terms of a separate agreement.
  2. Warranty Disclaimer and Obligations:
    1. User agrees that, given the nature of the Services and in particular their reliance on content provided by Users and third parties, User agrees that the Services are provided on an “as is” basis for no fee or payment. Therefore, to the fullest extent permitted by applicable law and except where expressly provided in the Agreement, goMobi expressly disclaim all warranties of any kind, whether express or implied by statute or common law, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or infringement in respect of the Services. goMobi makes no warranty that the Services will meet User requirements, or that the Services will be uninterrupted or error-free: nor does goMobi make any warranty as to the results that may be obtained from the use of Services or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
    2. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of date that results from the download of such material and/or data. goMobi makes no warranty regarding any goods or services purchased or obtained through the Services or any transaction entered into through the Services. No advice or information, whether oral or written or contained within the Documentation or not, obtained by User from us or through the Services shall create any warranty not expressly made herein. User assumes the entire risk as to the results and performance of the Services.
    3. goMobi shall, during the Subscription Term, provide the Services to the User on and subject to the terms of this Agreement. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. goMobi is not responsible for any delays, delivery failures, or other damage resulting from such problems.
    4. Emergency unplanned maintenance may need to occur where the Services may not be available (or may be limited) to the User for a period of time. goMobi will endeavour to keep disruptions to a minimum but makes no guarantee as to the availability, functioning or accuracy of the Services.
    5. goMobi reserves the right at any time to modify or discontinue, temporarily or permanently, any feature or functionality of the Services, with or without notice at any time to the User.
    6. goMobi will also need to schedule maintenance periods and during such periods the Services will not be available to the User. goMobi will attempt to, where reasonably possible, notify the User of such scheduled maintenance. goMobi will also attempt to provide the User with reasonable notice of any downtime due to non-routine maintenance and will use reasonable endeavours to ensure that any non-routine maintenance periods take place outside of Business Hours.
    7. goMobi does not guarantee network availability between the User and the applicable hosting servers, as network availability can involve numerous third parties and is beyond the control of goMobi. goMobi will not be liable for any downtime caused by its internet provider nor for any downtime that the User experiences as a result of network connectivity issues.
    8. In the event that the volume of traffic to User's use of the Software or Support Services is sufficient so as to jeopardise the provision of the Services for other Users, goMobi reserves the right to, at its sole discretion, permanently or temporarily, discontinue provision of the Services. FOR THE AVOIDANCE OF DOUBT, THE VOLUME OF TRAFFIC GENERATED BY A USER SHOULD NOT EXCEED 2,000 PAGE VIEWS PER DAY.
    9. If the User experiences a service outage and is unable to use or access the Services, the User must contact goMobi at support@goMobi.com and inform goMobi of the issue, providing all necessary information that may assist goMobi in determining the cause of the issue.
  3. Liability
    1. The following provisions set out the entire financial liability of each party (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the other party in respect of:
      1. any breach of this Agreement howsoever arising; and
      2. any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including without limitation negligence) arising under or in connection with this Agreement.
    2. Nothing in this Agreement limits or excludes the liability of either party:
      1. for death or personal injury caused by negligence;
      2. for fraud or fraudulent misrepresentation; or
      3. for any other liability to the extent that it cannot be lawfully excluded.
    3. Subject to Clause 3.2, goMobi shall have no liability of any kind in any circumstances whatsoever to the User in respect of the Services. In no event shall goMobi have any liability in any circumstances whatever for any data loss or corruption relating to the User Data, User Personal Data or otherwise and the User agrees that it has sole responsibly for protecting the User Data and User Personal Data during the Subscription Term.
    4. The User agrees and acknowledges that, in the event and to the extent that Clause 3.3 above is found to be invalid, illegal or unenforceable then:
      1. goMobi shall not in any circumstances be liable whether in tort (including for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for: (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill or similar losses; (iv) loss of anticipated savings; (v) loss or corruption of data or information; or (vi) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
      2. goMobi's total aggregate liability in contract, tort (including without limitation negligence or breach of statutory duty however arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance of contemplated performance of this Agreement shall in all circumstances be limited to value of any fees paid.
    5. This Clause 3 shall survive expiry or termination of this Agreement for any reason.
  4. Proprietary Rights
    1. The Services supplied by goMobi are represented as owned by goMobi and/or its licensor and/or others and are proprietary in nature. goMobi and/or its licensor and/or others have and will retain all Intellectual Property Rights and ownership in, and title to such proprietary licensed software and other material in and/or comprising the Services.
    2. The User further acknowledges that any and all of the Intellectual Property Rights subsisting in or used in connection with the Services including the manner in which it is comprised, compiled, presented or appears (“look and feel”) and all information, Documentation and manuals relating to such are (unless another owner is specified in or on those items, such party being referred to in this Section as the “Owner”) the property of goMobi or the Owner.
    3. Save as expressly set out in this Agreement, or otherwise permitted by law, the User shall not:
      1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or part thereof in any way;
      2. copy, modify, duplicate, or make derivative works based upon the Services;
      3. create Internet "links" to the Services or "frame" or "mirror" or reproduce any element of the Services on any other server or wireless or internet-based device;
      4. reverse engineer or access Services for any reason including in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, copy any ideas, features, functions or graphics of the Services;
      5. publish or distribute externally any results of any use of the Services for any form of benchmarking or software comparison purposes;
      6. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
      7. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or that violates any third-party privacy rights;
      8. send or store material containing software Viruses or other harmful computer code, files, scripts, agents or programs;
      9. during or after the expiry or termination of this Agreement, without the prior written consent of goMobi or the Owner as the case may be or to the extent only permitted by applicable law, abuse or permit the abuse of the Intellectual Property Rights;
      10. shall not, other than as expressly permitted in this Agreement, extract or re-utilise the contents of the Services (or any part thereof) for any commercial purpose including but not limited to trading, building commercial hosting systems, reselling or redistributing the Services;
      11. interfere with or disrupt the integrity or performance of the Services or the data contained therein; or
      12. attempt to gain unauthorised access to the Services or its related systems or networks.
    4. goMobi reserves the right, without liability or prejudice to its other rights to the User, to disable the User's access to the Services relation to any breach, or suspected breach, of the provisions of this Clause 4.
    5. The User acknowledges that all Intellectual Property Rights in the Services are and shall remain the sole property of goMobi and/or its licensors. Nothing in this Agreement shall be construed as granting to the User any rights in any Intellectual Property Rights comprised in the Services other than the right to use it in accordance with this Agreement.
    6. User accepts that the text “goMobi by Afilias” or equivalent, will be inserted to accompany all material provided via the Services.
    7. This clause 4 shall survive expiry or termination of this Agreement for any reason.
  5. Termination
    1. On termination or expiry of this Agreement for any reason:
      1. the licence granted under this Agreement shall immediately cease;
      2. the accrued right of the User and goMobi as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced;
      3. User shall cease all activities authorised by this Agreement and shall not make any further use of the Services; and
      4. User must immediately remove all Software and Documentation from User systems and delete any other information, documentation, materials, equipment, property and other items (and all copies of them in any format) belonging to goMobi or its licensors.
    2. This Agreement shall commence on the Commencement Date and shall run on a monthly basis from the Commencement Date and can be renewed for successive monthly periods by goMobi unless terminated by either party (the "Subscription Term").
    3. Either party may terminate this Agreement at any time without cause.
  6. Assignment
    1. This Agreement may not be assigned by the User without the prior written approval of goMobi but may be assigned without the User's consent by goMobi.
  7. Force Majeure
    1. goMobi shall have no liability to the User under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of goMobi or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
  8. Data Protection
    1. For the purposes of interpreting this Clause 8 in this Agreement, the terms "controller", "data subject", "personal data", "processing", "processor" and "supervisory authority" shall have the meanings given to those terms in the GDPR.
    2. In respect of any User Personal Data processed by goMobi under this Agreement, the Parties acknowledge that the User shall be the controller and goMobi shall be a processor.
    3. User, as the controller, is solely responsible for establishing the lawful basis for the processing of User Personal Data by goMobi under this Agreement and will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the User Personal Data to goMobi for the duration and purposes of this Agreement.
    4. User, as the controller, is further solely responsible for the accuracy and quality of the User Personal Data.
    5. To the extent that goMobi processes User Personal Data pursuant to this Agreement, goMobi shall:
      1. process the User Personal Data only on instructions from the User (unless goMobi is required to process the User Personal Data by applicable European Union or European Member State law in which case goMobi shall notify the User of that legal requirement before such transfer or access occurs or is permitted, unless that law prohibits such notification on important grounds of public interest);
      2. ensure that all personnel authorised to process the User Personal Data are party to confidentiality obligations in respect of the User Personal Data;
      3. cooperate as reasonably requested by the User (at the User's sole expense):
        1. to enable the User to comply with any exercise of rights by a data subject under the Data Protection Legislation in respect of User Personal Data; and
        2. where the User conducts a data protection impact assessment;
      4. notify the User if goMobi receives a request from a data subject to have access to that data subject’s personal data. goMobi shall not respond directly to such data subject unless it is instructed to do so by the User;
      5. implement and at all times maintain appropriate technical and organisational measures in place to ensure the security of the User Personal Data taking into account: (i) the state of the art; (ii) the costs of implementation; (iii) the nature, scope, context and purposes of the processing; and (iv) the inherent risk of the processing activities to data subjects;
      6. notify the User without undue delay of any Security Breach; and
      7. cooperate with the Office of the Data Protection Commissioner (or, to the extent required by the User, any other supervisory authority) in the performance of its tasks where required.
    6. The User hereby agrees to the transfer of User Personal Data processed under this Agreement outside of the EU PROVIDED that in effecting any international transfer of User Personal Data, goMobi shall ensure that:
      1. it has provided appropriate safeguards in relation to the transfer which may include Privacy Shield certification (in the case of US transferees) or EU standard contractual clauses. The User hereby appoints goMobi as its agent for the purpose of entering into any EU standard contractual clauses in the context of providing the Services; and
      2. data subjects continue to have enforceable rights and effective legal remedies following the transfer.
    7. The User hereby authorises goMobi to use third parties ("sub-processors") to provide the Services provided:
      1. goMobi shall notify the User in advance of any proposed use of a sub-processor, and any replacement or addition to them and the User shall have the right to object on reasonable grounds to the use of or change to any sub-processor within 14 (fourteen) days of goMobi notifying the User of the change. In the event of the User raising such an objection, goMobi may terminate part or all of this Agreement on 14 (fourteen) days' notice;
      2. in engaging any sub-processor goMobi agrees adequate data protection arrangements that are in all materials respects similar to those set out in this Agreement; and
      3. goMobi shall at all times remain liable for the acts and omissions of any sub-processor as if such acts and omissions were those of goMobi.
    8. For the purpose of data protection, the User consents to the use of the sub-processors listed as follows:
      Sub-Processor Description
      Salesforce Customer records consisting, name, email address, goMobi username, goMobi password, and website URL (third level site.mobi)
      Amazon Hosting services
    9. goMobi shall make available all information reasonably requested by the User to satisfy itself that goMobi is complying with its data protection obligations under this Clause 8.
    10. User (and its third-party representatives) shall be permitted to audit goMobi's premises, systems, and facilities during Business Hours PROVIDED THAT:
      1. User shall provide at least 14 (fourteen) days prior written notice of its intention to carry out an audit;
      2. all expenses incurred by goMobi shall be promptly discharged by User;
      3. goMobi may request that any third-party representative performing an audit on behalf of User shall provide written confidentiality undertakings to the reasonable satisfaction of goMobi and goMobi shall be entitled to refuse access to any of its premises or records until such time as it has received such undertakings; and
      4. nothing in this Clause 8.10 shall entitle the User to access or inspect any records which contain information relating to any other User of goMobi and goMobi shall be entitled to restrict or prevent access to any part of its premises which it considers in its sole discretion could compromise the security of any information or data relating to such other Users.
    11. goMobi will inform User if it comes to its attention that any instructions received in respect of this Clause 8 infringe the provisions of any applicable EU or EU Member State data protection law. Notwithstanding the foregoing, goMobi shall have no obligation to review the lawfulness of any instruction received from User.
    12. On termination of this Agreement, goMobi shall, at the written direction of the User, delete or return User Personal Data and copies thereof to the User save to the extent that goMobi is required by applicable law to retain the User Personal Data.
    13. Any notice or other communication required to be given to a party under or in connection with the data protection provisions in this Agreement shall be in writing and shall be delivered by email only to goMobi using the email address legal@afilias.info. Any notice or communication shall be deemed to have been received the first working day after the time of transmission.
    14. User shall not assign or deal in any other manner with any of its rights and obligations under this Clause 8 without the prior written consent of goMobi (which is not to be unreasonably withheld or delayed).
  9. General Provisions
    1. Notices: Any notice or other communication whether required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been duly given by goMobi if delivered to the email address registered by the User or in the case of the User if delivered to legal@afilias.info.
    2. Severability: If any provision in this Agreement is deemed to be, or becomes invalid, illegal, void or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the Parties, it will be deleted, but the validity, legality and enforceability of the remaining provisions of this Agreement shall not be impaired or affected in any way.
    3. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the Parties with respect to its subject matter, and except as expressly provided, supersedes all prior representations, writings, negotiations or understandings with respect to that subject matter.
    4. Conflict: If there is an inconsistency between any of the provisions in the main body of this Agreement or any other document referred to in this Agreement, the provisions in the main body of this Agreement shall prevail.
    5. Cookies Policy & Privacy Policy: The Services are provided as per the goMobi Privacy Policy available at https://gomobi.info/privacy-policy/.
    6. No Partnership or Agency: Nothing in this Agreement is intended to or shall operate to create a partnership between the Parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
    7. Publicity and Announcements: Without goMobi's prior written consent, the User shall not issue nor cause the issuance of any public statement in any way concerning goMobi or the Services.
    8. Waivers or Variations: A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. No variation of this Agreement shall be effective unless it is made in writing and signed by each of the Parties.
    9. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Ireland, and the Parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
    10. Capacity: Use of the Services is available only to persons who can enter in to legally binding contracts under applicable law. If you are a minor, (i.e. under the age of 18 years), not competent or otherwise do not have the capacity to enter into a legally binding contract without the consent or assistance of another person, you may use the Services only under the supervision of a parent or legal guardian, as applicable, who agrees to be bound by this Agreement.
    11. Third Party Providers: The User acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. goMobi makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website. goMobi recommends that the User refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. goMobi does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
    12. Limited Warranty: Each party represents and warrants that it has the legal power and authority to enter into this Agreement.
    13. Restricted Acts: The User shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
      1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      2. facilitates illegal activity;
      3. depicts sexually explicit images;
      4. promotes violence;
      5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
      6. causes damage or injury to any person or property, with goMobi reserving the right without liability to the User, to disable the User's access to any material that breaches the provisions of this Clause 9.13.
  10. Confidentiality
    1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information shall not be deemed to include information that:
      1. is or becomes publicly known other than through any act or omission of the receiving party;
      2. was in the other party's lawful possession before the disclosure;
      3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
      4. is independently developed by the receiving party, which independent development can be shown by written evidence; or
      5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
    2. Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party or use the other's Confidential Information for any purpose other than the implementation of this Agreement.
    3. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
    4. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
    5. The User acknowledges that details of the Services and the results of any performance tests of the Service, constitute goMobi's Confidential Information.
    6. goMobi acknowledges that the User Data and User Personal Data is the Confidential Information of the User.
    7. This Clause 10 shall survive termination of this Agreement, however arising, and the obligations of confidentiality of each party under this Clause 10 shall last for five years from the expiry of the Subscription Term.
  11. Support & Updates
    1. User acknowledges that Updates will take place from time to time. Updates are changes to the Services generally designed to improve, enhance and further develop the Software, Support Services or Documentation and may take the form of bug fixes, enhanced functions, new capabilities and completely new versions, and may include, but are not limited to, items such as advertising, links to third party offerings, and other promotional content. goMobi shall incorporate Updates at it absolute discretion and User agrees to receive such Updates on the above terms as part of User's use of the Services.
  12. Interpretation
    1. The following definitions and rules of interpretation in this Clause 12 apply in this Agreement;
      “Agreement”, this end user licence agreement and the terms and conditions contained within;
      “Authorised Users”, those individuals, employees, agents and independent contractors who are authorised by the User to use the relevant Service;
      “Business Day”, any day which is not a Saturday, Sunday or public holiday in the Republic of Ireland;
      “Business Hours”, 9.00am to 5.30pm local Irish time, each Business Day;
      “Commencement Date”, the date the User agrees to the Agreement and clicks 'CREATE';
      “Confidential Information”, information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information;
      “Data Protection Legislation”, means the Data Protection Acts 1988 to 2018 (as may be amended from time to time), and the General Data Protection Regulation (EU) 2016/679 (the "GDPR");
      “Documentation”, the documents accessible via the Service or made available to the User by goMobi via e-mail or such other means as may be notified by goMobi to the User from time to time which sets out a description of the Services and the instructions;
      “goMobi Data”, the information and data used in or in conjunction with the Services that is proprietary of, or licensed by third parties to, goMobi;
      “Intellectual Property Rights”, means all intellectual property of whatever nature anywhere in the world and the rights subsisting therein, including, without prejudice to the generality of the foregoing: discoveries; inventions; improvements; designs; processes; research; know-how; confidential and proprietary knowledge and information and any rights protecting same; works of authorship; computer software; databases; database rights; performances; trade or business names; domain names; patents, utility models and short term patents (and applications for same); trademarks and trade mark applications; rights (registered or unregistered and applications for same) in any design; copyright (including rights in computer software); business goodwill and reputation and rights protecting same; and all intellectual property rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world;
      “Security Breach”, the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the User Personal Data;
      “Services”, means the goMobi service “Software as a Service” or “SaaS” which is a hosted service used to create websites optimised for mobile devices. The Services include Software, Web Manager, Documentation, Updates and any component or part thereof which are made available to Licensee under this Agreement;
      “Software”, refers to the snippet of code generated via the Web Manager which can be utilised by the goMobi website owner, at their option, to avail of seamless redirection from their main desk top website to the goMobi website.;
      “Support Services”, technical assistance, updates and maintenance provided by or on behalf of goMobi;
      “Subscription Term”, has the meaning given in Clause 5.2;
      “User Data”, the data inputted by the User or goMobi on the User's behalf for the purpose of using the Services or facilitating the User's use of the Services but excluding the goMobi Data;
      “User Personal Data”, the personal data contained in the User Data inputted by the User or goMobi on the User's behalf for the purpose of using the Services or facilitating the User's use of the Services but excluding the goMobi Data; and
      “Virus”, anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.
      “Web Manager”, is the user interface made available via www.site.mobi by which users can create and edit their goMobi website.
    2. The headings contained in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms, conditions or provisions of this Agreement.
    3. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
    4. Unless the context otherwise requires, a reference to one gender shall include a reference to other genders.
    5. References to a document include a reference to that document as amended.
    6. Unless the context otherwise requires, words in the singular include the plural and, in the plural, include the singular.
    7. A reference to any statute, statutory provision, rule, regulation or any requirement shall be construed as including references to it as modified, consolidated, re-enacted or superseded from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.
    8. A reference to any regulator or regulatory board shall include a reference to any replacement or successor bodies from time to time.
    9. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU.

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