Terms and Conditions

CONDITIONS OF USE

AGREEMENT BETWEEN USER AND Mobile DataSoft Inc.

The Mobile DataSoft Inc. Commerce Platform and use of our technology is comprised of various Web pages, applications, and technologies operated by Mobile DataSoft Inc.

The Mobile DataSoft Inc. Commerce Platform is offered to you conditional to your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Mobile DataSoft Inc. Commerce Platform constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Mobile DataSoft Inc. reserves the right to change the terms, conditions, and notices under which the Mobile DataSoft Inc. Commerce Platform is offered, including but not limited to the charges associated with the use of the Mobile DataSoft Inc. Commerce Platform and Technology associated with the use of the Mobile DataSoft Inc. Commerce Platform.

LINKS TO THIRD PARTY SITES

The Mobile DataSoft Inc. Commerce Platform used by the client may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Mobile DataSoft Inc. and Mobile DataSoft Inc. is not responsible for the contents of any Linked Site(s), including without limitation any link contained in a Linked Site(s), or any changes or updates to a Linked Site(s). Mobile DataSoft Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site(s). Mobile DataSoft Inc. is providing these links to you only as a convenience, and the inclusion of any link(s) does not imply endorsement by Mobile DataSoft Inc. of the site(s) or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Mobile DataSoft Inc. Commerce Platform, you warrant to Mobile DataSoft Inc. that you will not use the Mobile DataSoft Inc. Commerce Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mobile DataSoft Inc. Commerce Platform in any manner which could damage, disable, overburden, or impair the Mobile DataSoft Inc. Commerce Platform or interfere with any other party's use and enjoyment of the Mobile DataSoft Inc. Commerce Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by, provided by, or through the use of the Mobile DataSoft Inc. Commerce Platform.

USE OF ECOMMERCE PACKAGES

Term and Charges to Customer - Customer agrees to pay a Subscription Fee (SUBSCRIPTION FEE, MONTHLY SUBSCRIPTION FEE) in the amount of the purchased package. The term for this subscription (SUBSCRIPTION LENGTH) is (1) month.

Payment - Customer grants Mobile DataSoft, Inc. permission to charge payments to Customer's Credit Card beginning on Customer purchase date of the eCommerce package. Monthly renewal will occur each month on original date of purchase unless either party requests in writing termination of this agreement.

Termination – Mobile DataSoft Inc. reserves the right to terminate this agreement without prior notice if Customer defaults on payments, violates Provincial / State or Federal Law, or violates Mobile DataSoft Inc. Terms of Service. Termination for violation(s) gives Mobile DataSoft Inc. full right to retain SUBSCRIPTION FEES.

Service - Customer understands and agrees that temporary interruption of any Internet Services may occur as normal events in the provision of the Internet Services. Mobile DataSoft Inc. will make every attempt to prevent such interruptions, but under no circumstances will Mobile DataSoft Inc. be held liable for any damages (financial or other) due to any interruptions. In no event will Mobile DataSoft Inc. be held liable to Customer or any other person for any incidental, consequential, or punitive damages of any kind, including, without limitations, refund of fees, loss of profits, loss of income, or cost of replacement services.

Support Services - Customer will only receive support for the delivered eCommerce package and any custom work done by Mobile DataSoft Inc. At no point is Mobile DataSoft Inc. required to support items outside of the scope of this Contract.

Terms of Contract - Customer agrees to the entire terms of this Contract.

Limitation of Liability – Mobile DataSoft Inc. shall not be liable for ANY loss, damage, liability, claim or expense arising out of or in relation to this Contract. Mobile DataSoft Inc.'s entire liability and the Customer's exclusive remedy shall be at Mobile DataSoft Inc.'s sole option including, limited to the return of 50% of the SUBSCRIPTION FEES paid for the current month.

You (Customer) may voluntarily terminate this service, additional pages (time and materials) or hourly updates (customizations) at any time, however, You fully understand and agree that this service and/or additional pages (time and materials) , and/or hourly updates (customizations) are NON-REFUNDABLE, and YOU are bound to pay entire SUBSCRIPTION FEES.

You (Customer) agree that Your Content shall not:

Be false, inaccurate or misleading;

Infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

Violate any United States or Canadian law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);

Be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;

Be obscene or contain pornography;

Contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation;

Link to web pages containing any of the aforementioned content.

Customer Responsibilities for eCommerce Packages:

You acknowledge and agree that:

By using this service, You agree that You are age 18 or over. This service is available to any person who can make legally make binding contracts under applicable law.

You have the appropriate rights or licenses in all logos, trademarks or intellectual property (the “Marks”) supplied by You.

ALL fees applicable to this service, including but not limited to additional Pages (time and materials) and Hourly Updates (customizations) are NON-REFUNDABLE. It is Your sole responsibility to ensure that Mobile DataSoft Inc. receives all necessary content before design work begins.

You must send content and graphic images to Mobile DataSoft Inc. in an acceptable and agreed upon electronic format. Fax copies and handwritten or typed hardcopy letters are not acceptable.

Upon receipt of the initial design of Your site (eCommerce Package) from Mobile DataSoft Inc., You have five (5) business days to respond with approval or revisions. Upon approval, or in the absence of any response from You within five (5) business days, the eCommerce site shall be deemed "accepted" by You and Mobile DataSoft Inc. will deem the service engagement completed.

Should You require revisions to Your eCommerce site, Mobile DataSoft Inc. will complete the requested revisions and send You a final proof of the site via URL. Upon completion of the requested revisions, You will have an additional five (5) business days to approve or make final alterations before the eCommerce site shall be deemed "accepted" by You. In the event that You do not respond within five (5) business days, the site shall be deemed "accepted" by You and Mobile DataSoft Inc. will deem the service engagement completed. Additionally, You understand that charges may be incurred if You request additional changes to your eCommerce package beyond the features included in purchased package.

You are responsible for the accuracy and appropriateness of all data and content within Your site, including accurate spelling and grammar. Mobile DataSoft Inc. will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. Content submitted to Mobile DataSoft Inc. must be 100% complete and organized. After Your content is integrated into Your eCommerce, You can make up to (3) revisions before Your website is launched. Revisions beyond this amount will be billed at our hourly rate of $135/hr. To avoid excess revisions please send content in one email when possible. Make sure Your copy has been approved by You or Your partners before sending in order to avoid future edits.

You understand and agree that Mobile DataSoft Inc.’s performance under this Agreement may be dependent upon the timely and satisfactory performance of Your responsibilities. In the event that Mobile DataSoft Inc. is unable to perform or is delayed in performing its responsibilities under this Agreement as a result of Your delay or failure to perform Your responsibilities, Mobile DataSoft Inc., at it’s sole discretion, will decide to and document, in a change order, any modified roles and/or fees associated with such delay or failure.

Legal - Waiver: This CONTRACT contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. The waiver or failure of either party to exercise any right provided in this Contract shall not be deemed as a waiver of any further right under this Contract. No Assignment: Customer shall not sell, transfer or assign this Contract without the prior written consent of Mobile DataSoft Inc.. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick, Canada. In the event of a dispute, the parties agree that prior to bringing any action in a court of competent jurisdiction they shall attempt to resolve all disputes by mediating in good faith. If mediation fails, the forum for the resolution of any dispute relating to this Agreement shall be in Queens County, New Brunswick, Canada. All parties to this Agreement hereby waive any and all objections to personal jurisdiction, venue, and service of process. Service of process shall be effective upon delivery of any form of mail service for which a signature is required. If mediation fails, the prevailing party shall be entitled to all costs and reasonable attorney’s fees incurred in pursuing any civil action.

From the time Mobile DataSoft Inc. accepts this Contract, You will be billed Your MONTHLY SUBSCRIPTION FEE immediately. MONTHLY SUBSCRIPTION FEES are non-refundable.

You authorize Mobile DataSoft Inc. to charge Your Credit Card the total charges as specified in the eCommerce Package You purchase. Customer agrees to pay the MONTHLY SUBSCRIPTION FEES and expressly understands this Contract is non-refundable. If customer wishes to cancel after (1) month agreement has been fulfilled, a written notice must be sent to Mobile DataSoft Inc.. This document can be requested by contacting Your sales rep. If Mobile DataSoft Inc. does not receive this notice, billing will continue automatically on a month-to-month basis.

Included with your eCommerce package are the following options for installation and configuration of a payment method plus installation and configuration of a shipping method:

Bronze eCommerce Package – one (1) installation and configuration of a payment method (either Authorize .NET or PayPal) and (1) installation and configuration of a shipping method. Any additional payment and/or shipping method will be billed separately at our hourly rate of $135/hr.

Silver eCommerce Package – two (2) installations and configurations of a payment method and two (2) installations and configurations of a shipping method. Any additional payment and/or shipping method will be billed separately at our hourly rate of $135/hr.

Gold eCommerce Package – three (3) installations and configurations of a payment method and three (3) installations and configuration of a shipping method. Any additional payment and/or shipping method will be billed separately at our hourly rate of $135/hr.

Platinum eCommerce Package – no restriction on installation and configuration of a payment methods and/or installation and configuration of shipping methods.

Additional payment and shipping methods not referenced as being available in the Payment Methods / Gateways are not supported or included in this purchase agreement in any way.

Mobile DataSoft Inc. reserves the right to amend this CONTRACT from time to time provided Mobile DataSoft Inc. gives YOU at least 30 days written notice.

USE OF COMMUNICATION SERVICES

The Mobile DataSoft Inc. eCommerce Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group collectively ("Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Mobile DataSoft Inc. has no obligation to monitor the Communication Services. However, Mobile DataSoft Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mobile DataSoft Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Mobile DataSoft Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mobile DataSoft Inc.'s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mobile DataSoft Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mobile DataSoft Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mobile DataSoft Inc. spokespersons, and their views do not necessarily reflect those of Mobile DataSoft Inc..

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Mobile DataSoft Inc. OR POSTED AT ANY Mobile DataSoft Inc. eCommerce SITE

Mobile DataSoft Inc. does not claim ownership of the materials you provide to Mobile DataSoft Inc. (including feedback and suggestions) or post, upload, input or submit to any Mobile DataSoft Inc. eCommerce Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mobile DataSoft Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Mobile DataSoft Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mobile DataSoft Inc.'s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Mobile DataSoft Inc. ECOMMERCE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Mobile DataSoft Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Mobile DataSoft Inc. ECOMMERCE SITE AT ANY TIME. ADVICE RECEIVED VIA THE Mobile DataSoft Inc. ECOMMERCE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Mobile DataSoft Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Mobile DataSoft Inc. ECOMMERCE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Mobile DataSoft Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Mobile DataSoft Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Mobile DataSoft Inc. ECOMMERCE SITE, WITH THE DELAY OR INABILITY TO USE THE Mobile DataSoft Inc. ECOMMERCE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Mobile DataSoft Inc. ECOMMERCE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Mobile DataSoft Inc. ECOMMERCE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Mobile DataSoft Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Mobile DataSoft Inc. ECOMMERCE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Mobile DataSoft Inc. ECOMMERCE SITE.

TERMINATION/ACCESS RESTRICTION

Mobile DataSoft Inc. reserves the right, in its sole discretion, to terminate your access to the Mobile DataSoft Inc. eCommerce Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Province of New Brunswick, Canada and you hereby consent to the exclusive jurisdiction and venue of Courts Queens County, New Brunswick, Canada in all disputes arising out of or relating to the use of the Mobile DataSoft Inc. eCommerce Sites. Use of the Mobile DataSoft Inc. eCommerce Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mobile DataSoft Inc. as a result of this agreement or use of the Mobile DataSoft Inc. eCommerce Site. Mobile DataSoft Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mobile DataSoft Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Mobile DataSoft Inc. eCommerce Site or information provided to or gathered by Mobile DataSoft Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mobile DataSoft Inc. with respect to the Mobile DataSoft Inc. eCommerce Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mobile DataSoft Inc. with respect to the Mobile DataSoft Inc. eCommerce Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.