Terms and conditions
Thank you for accessing our services (the “Mobizness Platform“) at www.Mobizness.mu (the “Site“). The Mobizness Platform is provided by Mobizness, which is the trading name of Mobizness service finder Ltd, of Racket road Grand bay, Mauritius.
Please read the following Terms of Use (these “Terms“) carefully as they govern your use of the Mobizness Platform and the Site. Do not use the Mobizness Platform or the Site unless you wish to be bound by these Terms because, by continuing to use any part of the Mobizness Platform or the Site, you confirm your acceptance of these Terms.
These Terms apply to every person who uses the Mobizness Platform and the Site, including users searching for services (the “Services“) to be provided by others (“Seekers”) and users who provide those Services (“Providers”), unless otherwise specified.
You are also responsible for ensuring that all persons who access our Mobizness Platform and Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
2.
We may make changes to these terms
We may amend these Terms from time to time. Every time you wish to use the Mobizness Platform or our Site, please check these Terms to ensure you understand the Terms that apply at that time.
If any future changes to Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must immediately stop using the Mobizness Platform and the Site. Your continued use of the Mobizness Platform and the Site following any revisions to these Terms constitutes your complete and irrevocable acceptance of any and all such changes.
3.
We may make changes to our site
We may update and change the Mobizness Platform and our Site from time to time. We will try to give you reasonable notice of any significant changes to the Mobizness Platform that may affect the Services. This includes, but is not limited to, modifications to any services requested via the Mobizness Platform to maximise the chance of successful completion of the requested service, such as the addition of further categories.
4.
Using the Mobizness Platform and the Site
The Mobizness Platform is solely a venue for enabling Seekers to contact Providers. Mobizness does not provide the Services, or complete any requested Services, but rather facilitates the identification, arrangement payment and review of the Services. The provision of all Services is up to the Providers, which may be scheduled using the Mobizness Platform. Mobizness does not provide any assurances or guarantees in relation to the Services arranged using the Mobizness Platform and it does not provide any assurances on the accuracy of information users post on the Site. Where the
Mobizness Platform allows you to post information, rate and review past Services and develop profiles, we expect you to always be transparent and honest in any posts that you make.
Once a Service has been accepted by a Seeker and a Provider, it constitutes a legally enforceable agreement between the parties involved. The terms of the agreement for the provision of the Service are between the Seeker and the Provider, and Mobizness is not a party to those terms and it is not acting as an agent or partner of either of the Seeker or the Provider.
The Mobizness Platform is currently only for use in the Island of Mauritius. You must not access the Mobizness Platform from any other jurisdictions or territories. You are responsible for compliance with all laws and regulations which apply to you when using the Mobizness Platform.
5.
Reviews and Ratings
Reviews and ratings are an essential element of the Mobizness Platform, and as such users are asked to complete reviews and ratings for the Services. Feedback should be related to a specific Service, and the content of the review should be respectful and constructive.
Mobizness reserves the right not to publish, or to remove, any reviews or comments at our sole discretion without notice to you. If we consider that any comments or reviews are abusive, threatening, offensive, defamatory or otherwise inappropriate, we will seek for them to be immediately removed from the Site.
Mobizness may contact a user (either directly or by one of the Providers) once a job has been posted in order to facilitate a review and rating. In the absence of any reply received within 7 days of contact, Mobizness can award the purported Provider a 5 star rating and remove the job from the live To-Do list. Equally, Mobizness reserve the right to undertake the same action once a job has been live on the To-Do list for 14 days after posting if Mobizness deem that the job has been responded to and has been completed by the purported Provider.
6.
Service Seekers
When posting a request for a Service, Seekers are expected to act in good faith and by doing so are confirming an intention to have a Service carried out by a Provider who meets the criteria detailed in the description of the Service.
It is the responsibility of the Seeker to agree on what work will be done as part of the Service, how the Service will be done, how much the Service will cost, and when the Provider will be paid.
Mobizness makes no guarantees about the accuracy of information that Providers post on the Site, including any credentials or qualifications the Providers may hold, and any information, documents, evidence or photos they post on the Site.
7.
Service Providers
The Providers must act in good faith and be genuinely willing and able to provide the Services that they use the Mobizness Platform to advertise. The Providers must also at all times fully comply with all applicable legal and regulatory requirements that apply to them.
When quoting for a Service requested by a Seeker, the Provider must provide quotes that are as accurate as possible, based on the information available to the Provider. All quotes should also clearly show what is included in the quote, any applicable assumptions or qualifications, as well as describe any relevant scenarios that could significantly alter the quote.
It is expected that Providers will maintain an accurate and up to date profile on the Site. Credentials, qualifications and other information relating to Providers may be displayed using the Mobizness Platform to help build a profile. By doing so a Provider is confirming that the information that they provide is accurate, legitimate and that they have the appropriate permissions to publish that information.
The Mobizness Platform’s system of ratings and reviews is intended to manage Seekers’ and Providers’ expectations when engaging with each other. Providers warrant that they will always:
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Use reasonable care and skill in completing the Services that they advertise, and make sure any materials used are of acceptable quality, having regard to the Seekers requirements; and
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Comply with all laws and regulations that apply to the Services provided.
8.
Subscriptions
The Mobizness Platform and the Site are free to use for Seekers. Providers may subscribe to the Mobizness Platform to register for as many categories of Services as they wish in accordance with these Terms. Subscriptions for Providers will renew automatically each calendar month, unless cancelled by the Provider or Mobizness on the last day of each month. Should a subscription be cancelled by a Provider at a time other than the last day of the month, Mobizness is not obliged to refund any part of the subscription fee. Subscription fees are detailed in the Fees and Charges section below.
9.
Payments
Upon a job or service being awarded, all parties should agree the payment terms and method.
We do not act as a middleperson for payment. We don’t take deposits, or hold onto payments for a while before passing them on.
If there are any payment disputes between Providers and Seekers (including about non-payment or refunds), Providers and Seekers are responsible for managing this directly themselves. We expect you to be open, honest and respectful with each other. We are not responsible for resolving payment disputes.
10.
Fees and Charges
You will pay our fees and charges in accordance with these Terms, or as otherwise agreed in writing by us.
The subscription fee for Providers is stated in the Providers’ Subscription page. From time to time, we may offer different subscription terms, and the fees for such subscriptions may vary.
Our fees and charges for each of the Services and for the Providers’ subscriptions is non-refundable except as expressly set forth in these Terms. You are responsible for all taxes that may apply on our fees and charges in respect of each Service and the Providers’ subscription fees.
If all eligible payment methods we have on file for you are declined for payment of any applicable fees and charges, you must provide to us a new eligible payment method promptly or your subscription will be cancelled. If you provide us with a new eligible payment method and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.
11.
We may suspend or withdraw our site
We do not guarantee that the Mobizness Platform or the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Mobizness Platform or our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
12.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@Mobizness.mu.
13.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may not draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14.
Do not rely on information on this site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
15.
We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those Sites or resources.
16.
User-generated content is not approved by us
Our Site, including the Mobizness Platform, may include information and materials uploaded by other users of the Site and the Mobizness Platform, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site and the Mobizness Platform do not represent our views or values.
17.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users please contact us at info@Mobizness.mu.
18.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our Site or the Mobizness Platform, or to make contact with other users of our Site or the Mobizness Platform, you must comply with the content standards set out in these Terms.
You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site or the Mobizness Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site and the Mobizness Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or the Mobizness Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site or the Mobizness Platform if, in our opinion, your post does not comply with the content standards set out in these Terms.
You are solely responsible for securing and backing up your content.
19.
Content standards
These content standards apply to any and all material which you contribute to the Mobizness Platform and our Site (“Contribution“), and to any interactive services associated with them.
These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Mobizness will determine, in its absolute discretion, whether a Contribution breaches these content standards.
A Contribution must:
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Be accurate (where it states facts).
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Be genuinely held (where it states opinions).
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Comply with the law applicable in Guernsey and in any country from which it is posted.
A Contribution must not:
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Be defamatory of any person.
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Be obscene, offensive, hateful or inflammatory.
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Bully, insult, intimidate or humiliate.
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Promote sexually explicit material.
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Include child sexual abuse material.
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Promote violence.
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Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
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Infringe any copyright, database right or trade mark of any other person.
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Be likely to deceive any person.
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Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
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Promote any illegal activity.
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Be in contempt of court.
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Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
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Be likely to harass, upset, embarrass, alarm or annoy any other person.
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Impersonate any person, or misrepresent your identity or affiliation with any person.
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Give the impression that the Contribution emanates from Mobizness or our affiliates, if this is not the case.
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Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
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Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
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Contain any advertising or promote any services or web links to other sites.
20.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy which can be found on the Site.
21.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site or the Mobizness Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site and the Mobizness Platform. You should use your own virus protection software.
You must not misuse our Site or the Mobizness Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or the Mobizness Platform, the server on which our Site and the Mobizness Platform is stored or any server, computer or database connected to our Site or the Mobizness Platform. You must not attack our Site or the Mobizness Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the
1.
Computer Misuse and Cybercrime Act (CMCA) 2003
2.
Data Protection Act 2017
3.
Criminal Code Act 1838
4.
Electronic Transactions Act 2000
5.
Copyright Act 2014
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and the Mobizness Platform will cease immediately.
22.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site or the Mobizness Platform in any website that is not owned by you.
Our Site and the Mobizness Platform must not be framed on any other site, nor may you create a link to any part of our Site or the Mobizness Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in in these Terms.
If you wish to link to or make any use of content on our Site or the Mobizness Platform other than that set out above, please contact info@Mobizness.mu.
23.
Intellectual Property
Mobizness and/or its affiliates shall own all intellectual property rights to or in any documents, information, items, materials, software programs, inventions, ideas, discoveries, developments,
improvements or innovations, in any form whether or not recorded in any medium, in relation to the Mobizness Platform and the Site (the “Mobizness Materials“).
You shall not acquire any intellectual property rights in or to the Mobizness Materials or any portion thereof.
You shall not remove or alter any notices of Mobizness’s intellectual property rights from any Mobizness Materials.
If you become aware of any use by a third party of all or any part of the Mobizness Materials which is unauthorised by us, or which would constitute an infringement of or interference with any of our intellectual property rights, you shall promptly notify Mobizness and reasonably cooperate with us in relation to any legal action which Mobizness may undertake in response to such infringement.
Neither you, nor any of your employees, representatives or agents, shall, at any time, directly or indirectly take any action inconsistent with Mobizness’s or its affiliates’ intellectual property rights (including, without limitation, in relation to the Mobizness Materials). You may not and shall not use, share or publish all or any part of the Mobizness Materials without our prior written consent, except to ensure your compliance with applicable laws and regulations. To the extent any Mobizness Materials includes content that is generated and provided exclusively by you to Mobizness (“Customer Content”), you hereby represent that you are authorised to provide such items to Mobizness for inclusion in the Mobizness Materials and you hereby provide to Mobizness, its affiliates, employees and representatives, an irrevocable, non-exclusive, non-transferable, limited, perpetual, royalty-free licence to use the Customer Content solely in order to develop and deliver the Mobizness Platform and the Site.
Mobizness and/or its affiliates will retain ownership of the copyright and all other intellectual property rights in the product of the Mobizness Platform and the Site, whether oral or tangible, and the ownership of our working papers and all other materials.
24.
Circumstances beyond our control
We will not be in breach of our contractual obligations nor will we incur any liability to you if we are unable to comply with these Terms as a result of any cause beyond our reasonable control. In the event of any such occurrence affecting us, we will notify you as soon as reasonable practicable.
25.
Waiver
Failure by Mobizness to exercise or enforce any rights available to it will not amount to a waiver of any rights available to it.
26.
Liability and Indemnification
We shall not be liable to you for any matter arising in connection with the Mobizness Platform or the Site, except for any losses resulting solely out of or are based solely upon our gross negligence, wilful misconduct, bad faith or fraud in the performance of our duties under these Terms.
You agree to indemnify and hold harmless Mobizness, each of its directors, officers, employees, agents and affiliates (each a “Mobizness Indemnified Person”) from and against any and all losses, claims, damages, liabilities and expenses (including reasonable legal fees) (“Losses”) which may be suffered or incurred by a Mobizness Indemnified Person in connection with your use of the Mobizness Platform and the Site, except to the extent that such Losses arise solely out of or are
based solely upon the Mobizness Indemnified Person’s gross negligence, wilful misconduct, bad faith or fraud in the performance of Mobizness’s duties under these Terms.
27.
Complaints
If you would like to talk to us about how we can improve the Mobizness Platform or the Site, or if you are unhappy with the services that you are receiving from us, please let us know by contacting us at info@Mobizness.mu.
28.
No Partnership or Agency
Nothing in these Terms is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind, nor constitute any party the agent of the other party for any purpose.
29.
Severance
The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision of these Terms. If any illegal, invalid or unenforceable provision would be legal, valid and enforceable if some part of it were deleted, the provision shall apply with whatever modification as is necessary to give effect to the commercial intention of the parties.
30.
Whole Agreement
These Terms together constitute the entire agreement between you and us. Neither party may rely on any prior arrangement, understanding or agreement which is not expressly set out in these Terms.
31.
Which country’s laws apply to any disputes
These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the Mauritian legislation.
The Mauritian Courts shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and any matter arising from them.
1. THE GOOD ADVERTISER CHARTER FOR ITEM FOR SALES OR SERVICES
You must legally own the content or be authorised to sell it by the owner, its authorised representative, or by law.
When posting an ad
the text must:
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compulsorily describe, in the most precise and concise way, the product / good / service of the Ad.
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be filed in a category and subcategory corresponding to the subject of the Ad.
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be registered in the locality where the property is situated.
The text must not (unauthorised content):
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be too general or else will not be accepted.
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be too short or ambiguous.
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offer several items at the same time.
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be in conflict with the same Ad already online relating to the same item = no duplicate.
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have an advertising purpose. It is strictly prohibited. The promotion of a service is only allowed in the category “Services”.
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be misleading, or likely to mislead, and regarding in particular false, exaggerated or excessively advantageous information, relating but not limited to the price, description and / or characteristics of the product or service, nor should it show an abusive use of keywords.
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be exclusively written in foreign terms. Ads must be written in Creole, French or English. When a foreign term cannot find its equivalent in one of these three languages, it must be defined in a sufficiently precise manner so as not to mislead the User of the website.
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include terms or descriptions unrelated to the content offered.
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direct, directly or indirectly, to a website other than ours or containing a URL address.
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promote unauthorised products and services.
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be against the material or moral interests of the company, and against Mauritian laws, and in particular (and left to our sole discretion):
o
political content;
o
content of a discriminatory, abusive or denigrating nature;
o
sexist content;
o
religious content;
o
content contrary to decency or good morals;
o
content liable to shock readers, such as content of a sexual, pornographic, violent, racist nature, etc.;
o
reproductions of goods or counterfeits.
Exchanges are authorised on the website by mentioning it in the text of the Ad. However, it is not possible to list more than 5 model references which could serve as a basis for an exchange.
You must indicate the total price, including tax, of the good / service in the « Price » field.
Regarding the artwork of the Ad: Photos inserted must represent the item for sale and cannot be used to illustrate several Ads.
Be careful: Non authorised/prohibited photos showing:
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recognisable minor children
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logos
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a link to a website
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representations unrelated to the proposed offer.
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The insertion of logos or website addresses in photos remains strictly prohibited.
2. GENERAL PROHIBITION
Any Ad or message which does not comply with our rules will be deleted. This list is not exhaustive, and Mobizness.mu reserves the right to remove any content without warning or notification. This type of withdrawal may also result in the postponement or withdrawal of access to the site. Any Ad containing text items (words, expressions, sentences, etc.) which would appear to be contrary to legal or regulatory provisions, to good morals, to our Site rules, or likely to disturb or shock readers will be refused by Mobizness.mu, without this justifying any rightful claim to compensation or damages to the benefit of the Advertiser. As a User of the Mobizness.mu service, you must ensure that the item which you are seeking to sell or purchase is a product authorised on the site, and the sale of which is legal.
It is forbidden to:>
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Publish an Ad shoes subject matter is regulated or prohibited by law.
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Use a third party’s details (name, phone number, postal address, email, photo, etc.).
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Disclose items of a private nature, or violate a person’s privacy or publicity (including the publication of faces or signatures).
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Republish information placed by another user.
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Publish content which infringes the physical or intellectual property rights of a third party.
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Disturb the activity of any other user.
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Publish content engaging the responsibility and/ or liability, or usurping or trying to assume the identity of Mobizness.mu or its employees.
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Children: The use of the site is prohibited for anyone under the age of 16.
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Promote or advertise gifts, raffles or various prizes
This list is not exhaustive. Only the broadcasting of Ads offering the sale of original products is authorised (electronic devices, DVD, CD, video games, computer software, paid TV cards, branded clothing, branded accessories, etc.).
3. PROHIBITIONS ON PURCHASES AND SALES
Please refer to the list of products / goods / services prohibited on our website (non-exhaustive list):
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Tobacco, drugs and associated objects, dangerous and illicit substances
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Blood products, body fluids, organs and other products of the human body
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Medicines
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Animal fur and skin, tortoiseshells, tusks, wood, etc. (non-exhaustive list)
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Bladed combat or self-defence weapons, firearms, explosives, hunting traps, etc.
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Adult content
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Certain plant and animal species which are protected, endangered or taken from their natural habitat
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Deposited items
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Call for private financial donations
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Offers which may lead to biased practices
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The majority of consumer products of industrial production.
Privacy Policy
1.
Purpose of this privacy Notice
In accordance with the Data Protection Act 2017, Mobizness, being a controller of personal data, must provide you with information on how we your personal data will be processed by us.
Mobizness respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website at www.Mobizness.mu (the “Site“), regardless of where you visit it from, and tell you about your privacy rights and how the law protects you.
It is important that you read this privacy notice when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
2.
Controller
www.Mobizness.mu , which is the trading name of Mobizness service finder Ltd, of Racket road Grand Bay, Mauritius(collectively referred to as “Mobizness“, “we“, “us” or “our” in this privacy notice), is a controller of your personal data.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact Us using the details set out below.
3.
Contact details
If you have any questions about this privacy notice or our privacy practices, please contact Us in the following ways:
Email address: info@Mobizness.mu.
Postal address: Racket road, Grand bay, Mauritius
4.
Changes to this privacy Notice
We keep our privacy notice under regular review. Every time you wish to visit our Site, please check this privacy notice to ensure that you have read the most recent version.
5.
Third-party links
This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices. When you leave our Site, we encourage you to read the privacy notice of every website that you visit.
6.
The data we collect about you
Personal data means any information relating to an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
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Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
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Contact Data includes billing address, delivery address, email address and telephone numbers.
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Financial Data includes bank account and payment card details.
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Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
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Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
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Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
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Usage Data includes information about how you use our Site and our services.
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Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
7.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.
8.
How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions: You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
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apply for our services;
•
create an account on our Site;
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subscribe to our service or publications;
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request marketing to be sent to you;
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enter a competition, promotion or survey; or
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give us feedback or contact us.
Automated technologies or interactions: As you interact with our Site, we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies.
Third parties or publicly available sources: We will receive personal data about you from various third parties and public sources as set out below:
•
Technical data from analytics providers, advertising networks and search information providers, such as Google based outside of Mauritius;
•
Contact, financial and transaction data from providers of technical, payment and delivery services, such as Stripe; or
•
Identity and contact data from publicly available sources.
9.
How we use your personal data
We will only use your personal data when allowed to by law. Most commonly, we will use your personal data in the following circumstances:
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Where we need to perform the contract we are about to enter into or have entered into with you;
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Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
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Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
10.
Purposes for which we will use your personal data
Mobizness and our affiliates use the information we collect to serve our customers, consider applicants, market and promote our services, and improve your experience at the Mobizness Platform, including to:
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Scheduling, rescheduling, and cancelling services;
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Rating and reviewing Providers;
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Providing public profiles of Providers;
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Addressing service complaints;
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Communicating with you by email, telephone, or text message, in accordance with your wishes;
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Managing payments for services;
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Considering whether to engage Providers on the Mobizness Platform;
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Evaluating job applications to work at Mobizness;
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Improving customer service;
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Sending you marketing and promotional emails, on behalf of Mobizness or selected third parties, unless you have told us you do not want to receive such emails;
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Troubleshooting technical problems on the Mobizness Platform;
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Responding to questions and feedback;
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Conducting research and analysis;
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Running online or mobile sweepstakes, contents, or other promotions;
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Marketing and advertising Mobizness services and those of selected third parties;
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Continuously evaluating and improving the online and mobile user experience;
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Preventing, discovering and investigating violations of this privacy notice or any applicable terms of service or terms of use for the Mobizness Platform and our Site, and investigating fraud, chargebacks or other matters;
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Contacting you with regard to your use of the Mobizness Platform and, in our discretion, changes to the Mobizness Platform and/or the Mobizness Platform’s policies; and
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Compliance with the law or to protect the rights, property, or safety of Mobizness, our users, or others, including to maintain network and information security, for fraud prevention, and to report suspected criminal acts.
Please note that we may process your personal data for more than one legal basis depending on the specific purpose for which we are using your data, including for the performance of a contact with you, where it is necessary for our legitimate interests or where it is necessary to comply with a legal obligation.
11.
Opting out
You can ask us to stop sending you marketing messages at any time by contacting us at info@Mobizness.mu.
Where you opt out of receiving these marketing messages, we may continue to use your personal data where we are legally entitled to do so.
12.
Cookies
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
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Strictly necessary cookies These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site.
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Analytical/performance cookies They allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
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Functionality cookies These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
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Targeting cookies These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
Except for essential cookies, all cookies will expire after 10 years.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Site may become inaccessible or not function properly.
13.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
14.
transfers of your personal data
We may share your personal data with third parties for the purposes set out above, including payment services providers, and other users of the Mobizness Platform, include Seekers and Providers. In some instances we may also disclose your personal data to third parties where this is necessary to perform our services or otherwise in furtherance of an outsourcing or other data processing arrangement. In those circumstances Mobizness will ensure that the third party is contractually bound to only process personal information in accordance with our instructions and
applicable data protection laws, and at all times in a manner that protects your data protection rights. Our suppliers and service providers will be required to meet our standards on processing information and security. The information we provide them, including your information, will only be provided in connection with the performance of their function. They will not be permitted to use your information for any purposes other than those outlined in this privacy notice.
We may also transfer your personal data to third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We do not transfer your personal data outside of Mauritius or the Mauritian Economic Area.
15.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
16.
Data retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
17.
Your legal rights
Under certain circumstances, you have the following data protection rights in relation to your personal data:
Request access to your personal data (commonly known as a “data subject access request“). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are
required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
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If you want us to establish the data’s accuracy.
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Where our use of the data is unlawful but you do not want us to erase it.
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Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
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You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
Right to make a complaint at any time to the Mauritian Data Protection Act 2017, the Local authority for data protection issues (https://dataprotection.govmu.org), or to your local data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the DPA or your supervisory authority, so please contact us in the first instance.
If you wish to exercise any of the rights set out above, please contact us at info@Mobizness.mu.
Refund Policy for Mobizness
Effective Date: 22/10/2023
This Refund Policy (“Policy”) outlines the terms and conditions for refunds on the Mobizness website (“Website”), owned and operated by Mobizness Service Finder Ltd. (“we,” “us,” or “our”). Please read this Policy carefully before using our services.
1. Listing Services
1.1 Subscription Fees: When you register and pay a subscription fee for listing your business service on our Website, the following fee structure applies:
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Rs500 for a 6-month subscription
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Rs1500 for a 1-year subscription
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Rs2000 for a 1-year subscription
1.2 Refund Policy for Listing Services: Once registered, there is no obligation to renew your subscription. However, we do not offer refunds for the subscription fee after registration.
2. E-Commerce Services
2.1 E-Commerce Packages: When you register for an e-commerce package on our Website, the same fee structure applies as listed under section 1.1.
2.2 Payment Processing: For e-commerce transactions, Mobizness will hold the payment made by the customer for a period of 30 days before disbursing funds to the service provider, subject to certain conditions.
2.2.1 Payment to vendors,sellers : After a successful sales, mobizness will charge 10% of the total amount paid by the customers representing bank chargers and admin processing fee and therefore only 90% of the total amount paid by the customer on www.mobizness.mu will be transfer to the vendors/sellers upon withdrawal request and after delivery of the item/product purchase on www.mobizness.mu.
2.3 Refund Policy for E-Commerce Services: Refunds in the e-commerce section are subject to the following conditions:
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Refunds are only applicable to customers if they do not receive the purchased product.
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Cancellation or refunds do not apply based on the quality of goods and services or any other factors.
2.4 Refund Amount: If a refund is initiated, Mobizness will refund the customer 90% of the amount paid on the Website. The remaining 10% represents fees charged for transfer and banking services, as well as costs associated with the investigation.
3. Refund Processing
3.1 Refund Timeline: Refunds may take between 30 to 60 days to process, starting from the date of initiation.
4. Contact Us
4.1 Questions: If you have questions or concerns about our Refund Policy, please contact us at info@mobizness.mu.
By using our Website and services, you acknowledge that you have read and understood this Refund Policy. Please review this Policy periodically for updates.
Last updated: 22/10/2023