Welcome to mobilamarketing.com !
Thanks for your interest in our Business Listing Advertising Services (the “Services”)!
By using our Services, you agree to these terms (the “Listing & Services Terms”), the Listing and advertising rules, regulations and policies (collectively, the “Agreement”). If ever in conflict, to the extent of such conflict, the “Listing & Services Terms will take precedence over any other terms of the Agreement. Please read the Agreement carefully.
As used in the Agreement, “you” or “publisher” means the individual or business entity using the Services (and/or any individual, business entity or successor entity, association, corporate body, NGO, non-profits organization, agency or network acting on your behalf), “we,” “us” or “Mobila Websites Marketing” means Motion Media Connection company, and the “parties” means you and Mobila Websites Marketing.
Access to the Services; Listing & Advertising Accounts
Your use of the Listing & Advertising Services is subject to your creation and our approval of an account (an “Account”). We have the right to refuse or limit your access to the Services. By submitting an application to use the Services, your company must be registered under SSM. You may only have one Account per company.
By enrolling in Listing & Advertising Services, you permit Mobila Websites Marketing to serve, as applicable, (i) advertisements and other content (“Ads & Listing”), (ii) Mobila search boxes and search results, and (iii) related search queries and other links to your websites, mobile applications, media players, mobile content, and/or other properties approved by Mobila (each individually a “Listing, Advertising, Property”).
Using our Services
You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
You may discontinue your use of any Service at any time by removing the relevant ads or listing from your Properties or Listing.
Changes to our Services; Changes to the Agreement
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the Agreement at any time. We’ll post any modifications to the Listing & Advertising Services Terms on this page and any modifications to the Listing & Advertising Services Program Policies or the Mobila Branding Guidelines on their respective pages. Changes will not apply retroactively and generally will become effective 7 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the affected Services.
Subject to this Section 5 and Section 10 of these Listing & Advertising Services Terms, you and your company agree to make deposit payment of 50% related to the Listing & Advertising Services you have purchased / signed order which will be displayed on our websites, and balance of payment to be paid upon completion of our Listing & Advertising Services execution. Your company have the right to terminate any Listing & Advertising Services signed with Mobila.
We (Mobila) will NOT REFUND you or your company any deposit or balance payment made after order has been signed. Payments maybe subject to GST, if deem appropriate.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to pay us within 5 days of any invoice, any amounts your company owed. If you dispute any payment made or withheld relating to the Listing & Advertising Services, Mobila will not entertain any writing, email sent or appeal. If you do not, the Order and any Agreement signed will be deemed void. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
As between your company and Mobila, Mobila is not responsible for all taxes (if any) associated with the transactions between Mobila and advertisers in connection with Listing & Advertising Services displayed on our websites.
Intellectual Property; Brand Features
Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.
If MMC provides you with software, platforms, tools in connection with the Listing & Advertising Services , we grant you a non-exclusive, non-sublicensable license for use of such software, Listing, platform, article, advertisement. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Listing & Advertising Services as provided by Mobila, in the manner permitted by the Agreement.
We grant you a non-exclusive, non-sublicensable license to use Mobila related trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (example weddingpragon “Brand Features”) solely in connection with your use of the Listing & Advertising Services and in accordance with the Agreement and the Mobila’s Branding & Advertising Guidelines. We may revoke this license at any time. Any goodwill arising from your use of Mobila’s Brand Features will belong to Mobila.
We may include your name and Brand Features in our presentations, marketing materials, customer lists, testimonial and financial or any reports.
You may terminate the Agreement at any time by submitting an official written email or letter to request for cancellation of the stamped and signed Order or Agreement. The Agreement will be considered terminated within 7 business days of Mobila’s receipt of your notice. If you terminate the Agreement and your deposit or payment made will not be refunded at all.
Mobila may at any time terminate the Agreement, or suspend or terminate the participation of any Property, Listing, Ads in the Listing & Advertising Services for any reason. If we terminate the Agreement due to your breach or due to invalid activity, we will not refund or return any amount paid. If you breach the Agreement or Mobila suspends or delists or terminates your Account, you (i) will not be allowed to create a new Account, re-advertise and (ii) may not be permitted to monetize content on other Mobila products.
You agree to indemnify and defend Mobila, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content, images served on the website, Listing, Properties that is not provided by Mobila, your use of the Listing & Advertising Services, or your breach of any term of the Agreement. Mobila’s advertisers are third-party beneficiaries of this indemnity.
Therefore you and your company agreed to indemnify Mobila’s directors, management and its staff from any Legal issue, claims, liability, loss or compensate for a loss which may occur or arise as a result of a specified event, listing, advertisement or services on our website.
Representations; Warranties; Disclaimers
You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each website or Property on which the Listing & Advertising Services are implemented and that you have control over the way in which the Services are implemented on each Property or Website; (iv) Mobila has never previously terminated or otherwise disabled any Listing & Advertising account created by you due to your breach of the Agreement or due to invalid activity; (v) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to Mobila is correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE “AS IS”.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
The following statements explain the general terms of Mobila Websites Marketing (“Mobila”) regarding the collection and processing of your personal data by Mobila. Mobila is committed to the protection of your personal data and compliance of all applicable personal data protection laws and regulations in Malaysia or anywhere in the world.
14.2 Your Consent
By providing your personal data to Mobila, you have read and accepted the statements herein; and you have consented to the processing of your personal data by Mobila in the manner set out herein. If you provide personal data of third parties to Mobila, you warrant and represent to MMC that you have obtained the required consent of the third parties for the processing of the relevant personal data by Mobila in the manner set out herein.
14.3 Notice and Choice Principle Statement
3.1 Mobila may be required to collect personal data from you during the course of your dealings with Mobila or for the purpose of Mobila’s business activities. Such personal data may include (but not limited to) name as per identity card, preferred name, identity/passport number, age, contact number, residential address, email address, birth date, gender, race, nationality, occupation, designation, bank account details, information of spouse/children such as name and birth date, information of your company such as name, registration number and address, information as to physical or mental health, political opinions, religious beliefs or other beliefs of a similar nature, the commission or alleged commission of an offence and such other data necessary for the purposes which the personal data is collected.
3.2 The personal data provided by you to Mobila may be processed by Mobila for the following purposes:-
(a) to administer the business or contractual relationship between Mobila and you and/or your company;
(b) to communicate with you and/or your company;
(c) to administer customer relationship management procedures;
(d) to provide you with information about the activities, products, services, events and programmes that may be organized, managed, facilitated, provided, sponsored and/or participated by MMC;
(e) to provide you with information about the products, services, events and programmes offered by selected third parties that may interest you;
(f) to facilitate payment in connection with the business or contractual dealings between Mobila and you and/or your company;
(g) to conduct research, study, assessment, survey and/or prepare reports/statistics for purpose of Mobila’s business activities;
(h) to respond to your enquiries;
(i) to comply with any legal or regulatory requirements applicable to MMC, and to make disclosure under the requirements of any law, regulation, direction, court order, by-law, guideline, circular or code
applicable to Mobila;
(j) for recruitment of employees;
(k) for Mobila’s internal record keeping; and/or
(l) other lawful business activities of Mobila.
3.3 The personal data provided by you to Mobila may, if required, be disclosed to the following classes of third parties:
(a) Mobila’s subsidiaries within or outside Malaysia;
(b) Mobila’s sub-contractors or third party service or product providers as may be determined by Mobila to be necessary or appropriate;
(c) financial institutions for purposes of facilitating payments and/or maintaining financial records in connection with the business or contract relationship between Mobila and you and/or your company;
(d) government agencies and selected parties within or outside Malaysia including strategic partners that work with Mobila in connection with Mobila’s business activities or any event or programme;
(e) agents, contractors, auditors, consultants, accountants, insurers, lawyers or other financial or professional advisers of Mobila;
(f) regulatory bodies, government bodies or other authorities if required or authorized to do so to discharge any regulatory function under any law or in relation to any order or judgment of a court;
(g) any person to whom Mobila is compelled or required to do so under the law; and/or
(h) our shareholders.
3.4 Generally, the personal data processed by Mobila is collected from you or provided by a third party to MMC for the aforesaid purposes.
3.5 Please note that your personal data is necessary for Mobila to carry out the aforesaid purposes. The failure to supply such personal data will or may:
(a) result in Mobila being unable to administer the business or contractual relationship between Mobila and you and/or your company;
(b) result in Mobila being unable to provide you with information about the activities, products, services, events and programmes organized, managed, facilitated, provided, sponsored and/or participated by
(c) result in Mobila being unable to provide you with information about the products, services, events and programmes offered by selected third parties which may interest you.
3.6 You have a right to request for access to and for correction of your personal data. You may also choose to limit the processing of your personal data. If you would like to make any of such requests, kindly
submit your request in writing to Mobila at the postal/email address specified in contact page. We may charge you an administration fee for such request.
3.7 If you have any inquiries or complaints in respect of the personal data, kindly communicate to Mobila in writing at the postal/email address specified in paragraph 6 below.
14.4 Security of Your Personal Data
Mobila has implemented security policies and technical measures to protect your personal data in accordance with such requirements of the applicable personal data protection laws and regulations. Where we consider it necessary or appropriate for the purpose of data storage or processing, we may transfer the personal data to a third party service or product providers within or outside Malaysia, under similar level of security measures.
14.5 Changes To This Statement
This statement may be revised and updated from time to time. MMC recommends that you visit this webpage to review the most updated version of this statement each time you provide your personal data to Mobila.
In case of discrepancies between English and Malay version of this statement, the English version shall prevail.