Terms of Use

Welcome to the Promo King App. The Terms of Use set out below govern your use of Promo King App (as defined below) and the software contained within it (the Promo King App Terms of Use), and this is a legally binding agreement made by and between you and Promo King. Other terms and conditions, policies and guidelines may also apply to you to govern your use of the Promo King Service, depending upon how you use and/or access the Promo King Service.

By registering with, using or accessing the Promo King Service, this agreement is made between you and Mobi Move Ltd. For the purposes of these Promo King App Terms of Use, affiliate(s) means any entity that controls, is controlled by or is under common control with Mobi Move Ltd.

Please read these Promo King App Terms of Use carefully before using the Promo King App. By using, downloading and installing the Promo King App and/or the Promo King App Service (both defined below), you acknowledge and agree that you have read, understand and agree to be bound by these Promo King App Terms of Use. If you do not agree to be bound by these Promo King App Terms of Use, you should not download or install the Promo King App or, if already installed, stop using the Promo King App and uninstall it, and cease using the Promo King App Service immediately.

Please note that nothing in these Promo King App Terms of Use affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded.

CONTENTS OF THESE Promo King APP TERMS OF USE

In these Promo King App Terms of Use you will find information and terms relating to:

1.DEFINITIONS:

Digital Content means digital or electronic content or media which is available to you through the Promo King Store (defined below) and which may be viewed on the Promo King App (defined below), including eBooks, digital magazines, digital newspapers, digital journals and other periodicals, and other digital content as determined by us from time to time.

Promo King App(s) means the Promo King software applications for mobile devices, tablets or other electronic devices (including any updates or upgrades) that we make available to you.

Promo King App Supported Device means a mobile, tablet or other electronic device which is authorised to and is capable of running and supporting the Promo King App.

Promo King Library means the online digital locker or library hosted in our cloud storage facility where your purchases of Digital Content are stored, the Promo King Store and the Promo King App.

Promo King Service means collectively the Promo King App, the Promo King Store and the Promo King App Service.

Promo King Store means the Mobi Move Ltd store where you can browse and purchase Digital Content for the Promo King App.

2.USING THE Promo King APP

(a) The Promo King App, the Promo King App Service and Digital Content. The Promo King App is a software application that is designed to allow you to access and use Digital Content. Certain versions of the Promo King App may also be designed to enable you to browse, preview, search for, purchase and download Digital Content from the Promo King Store; interface with social networking sites; and access, use and participate in other services, features, functions and promotions (each, where available, and each as may be amended or supplemented howsoever from time to time by Mobi Move Ltd). All features described in this sentence, collectively, the "Promo King App Service".

(b) Setting up your account. To use this Promo King App and use most Digital Content and to access, use and participate in the Promo King App Service, you must first open a Promo King account in accordance with our Promo King Store Terms of Use. You can open an account directly via certain Promo King Apps using your Facebook account. Additional terms and conditions may apply (such as those additional terms that may apply to your use of a Facebook account). Where you do use a Facebook account to access Promo King Apps, as necessary, references to Promo King account as appears in these Promo King App Terms of Use shall be deemed to include any Facebook account that you use.

Any Digital Content you purchase (or which is made available to you) from the Promo King Store, will be so purchased (or so made available to you) and used in accordance with our Promo King Store Terms of Use.

(c) Accessing your Digital Content. The Promo King App and/or the Promo King App Service is designed to give you access to your Promo King account and view and store the Digital Content that you purchase (or which is made available to you) from the Promo King Store in your Promo King Library. When your Promo King App Supported Device is connected to the Internet and the Promo King App is running, we will use reasonable efforts to grant you access to your Promo King account via the Promo King App. Temporary interruptions to the Promo King Service may occur for technical reasons (including maintenance, repairs, implementation of new services) which we will use our commercially reasonable efforts to limit. Some Digital Content may not be available for you to access or use via the Promo King App. Also, please note that certain Digital Content, such as digital newspapers, digital magazines and digital catalogues, may be set to be automatically deleted, from any or all of your Promo King Library, Promo King Device or Promo King App, after a certain period of time (depending on the Digital Content). There is also a risk of loss of Digital Content when you download, access or archive Digital Content via the Promo King App.

(d) Social Features and Third Party Sites (where available). The Promo King App and/or Promo King App Services may contain certain social features, such as access to third party social networking sites or features (for example Facebook, Twitter, and other), that allow you to post, publish, communicate or share information with other people (for example, book reviews, book annotations etc.). The Promo King App and/or Promo King App Services may also contain direct in-app links to third party websites. Use of third party websites or third party social networking sites or features will be subject to third party or other terms and conditions. Any information posted, published, communicated or shared with third party websites or social networking sites or features is shared at your own risk. You are solely responsible for any privacy settings on any third party websites or social networking sites or features accessed via the Promo King App and/or Promo King App Services.

(e) No Responsibility for Digital Content. The Promo King App and/or Promo King App Services is designed to permit you access to a wide variety of Digital Content, some of which may be inappropriate for, or offensive to, some readers and viewers. We do not exercise any editorial control over the Digital Content. We provide only the Promo King App and the Promo King App Service, which are intended to allow you access to the Digital Content. Under no circumstance will we be liable for any loss, damage or harm caused by your access to or reliance on the Digital Content. You must determine whether the Digital Content accessed through the Promo King App and/or Promo King App Services is appropriate, useful, accurate and complete. Your use of the Digital Content and the Promo King App Service is solely at your own risk. Where our third party content providers have provided us with age ratings information we will make such information available to you. However, we cannot guarantee the accuracy of such age ratings information or of the descriptions or categories of Content provided for your convenience.

(f) Notice and Take Down Procedure For Claims of Infringement. If you believe in good faith that materials contained on the Promo King App, within any part of the Promo King App Service, infringe your rights (for example, your copyright), you (or your agent or representative) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (i) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable us to locate the material on the Promo King App, within the Promo King App Service; (iv) your name, address, telephone number and email address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the rights-holder, its agent or representative or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury (where applicable in accordance with applicable local laws), that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.

Notices and counter-notices with respect to the Promo King App should be sent to: Mobi Move Ltd, Unit 14 Socota Phoenicia, Sayed Hossen Road, Solferino Phoenix, Mauritius, at contact@mobimove.com. Giving false, misleading or inaccurate information in a notice or counter-notice may result in civil and/or criminal liability. We suggest that you consult your legal advisor before filing a notice or counter-notice.

(g) Age of Users. Unless otherwise specifically noted in the features made available to you, the Promo King App is designed for and directed towards use by adults (those aged 18 years or above). No children under the age of 13 are permitted to use the Promo King App and/or the Promo King App Service. Individuals aged between 13 and 18 are not permitted to use the Promo King App and/or the Promo King App Service without the consent of parents or legal guardians. Minors are not permitted to use the Promo King App and/or the Promo King App Service without the supervision of a parent or legal guardian and Minors should review these Promo King App Terms of Use with a parent or legal guardian to ensure that they understand them.

(h) Privacy. You agree that any personal information collected, used or disclosed regarding you or your use of the Promo King App and/or the Promo King App Service will be held and used in accordance with our Privacy Policy as such may be updated or modified from time to time. Without limitation, we will collect, use and/or disclose information regarding you and your use of your Promo King App and the Promo King App Service in order to: (i) provide the Promo King App Service to you; (ii) permit you to engage in activities that you initiate through the Promo King App Service, such as purchasing Digital Content and reviewing products; and (iii) analyse, operate, support, maintain and improve the Promo King App or the Promo King App Service.

Our Privacy Policy also sets out our policy concerning cookies and similar technologies that can personally identify you. The current Privacy Policy applies to you when you open a Promo King account or otherwise access or use our Promo King services, applications or tools, however we make commercially reasonable endeavours to update the version of the Privacy Policy included on your Promo King App. It is your responsibility to read the current Privacy Policy, so please check it periodically. Please note that any information you provide to a third party via the Promo King App (for example through any third party social networking sites or third party websites, where available) will be subject to the privacy notice or similar terms of that third party and not our Privacy Policy.

(i) Software Updates. In order to keep your software and Promo King App features up-to-date, from time to time the Promo King App and/or the Promo King App Service may be provided with updates, modifications, additions or upgrades (some of which may be implemented automatically). It is your responsibility to verify that you are using the most up-to-date version of the Promo King App available.

(j) Security. We employ measures designed to ensure the security of the Promo King App Service in accordance with applicable laws, but, as provided below, make no guarantees in this regard.

(k) NO SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE Promo King APP AND Promo King APP SERVICE. YOUR ABILITY TO ACCESS CERTAIN DIGITAL CONTENT FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF Promo King APP. IN RARE INSTANCES, UPDATES, MODIFICATIONS, ADDITIONS OR UPGRADES MAY CAUSE DATA LOSS OR OTHER ISSUES.

(l) Internet Connectivity Charges. Internet connectivity is required to use certain features of the Promo King App and/or the Promo King App Service, which may include downloading and/or streaming Digital Content to your Promo King App Supported Device, archiving Digital Content and accessing the social features. Any access fees or charges applicable to your Internet connectivity are solely your responsibility. Certain Internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some Digital Content may include large amounts of data, and we are in no way responsible for the fees charged by or policies of Internet service providers or others with whom you contract for such access.

3.LICENCE TO USE THE Promo King APP

(a) Licence. Subject to these Promo King App Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable licence to: (i) install and use a single copy of the Promo King App on any Promo King App Supported Device you own or control, solely to access, view and/or purchase Digital Content for your personal use; (ii) make personal, non-commercial use of the Promo King App Service.

(b) Restrictions and Prohibited Conduct. Except as may be expressly permitted by these Promo King App Terms of Use and to the maximum extent permitted by applicable local law, you may not, directly or indirectly: (i) use the Promo King App on any device other than a Promo King App Supported Device; (ii) use, copy, reproduce, modify, distribute copies of, display publicly or transmit the Promo King App; (iii) open, service or tamper with the Promo King App, disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from the Promo King App or the Digital or otherwise attempt to discover the source code of the Promo King App or the technology used to provide Promo King App, or attempt to reduce the Promo King App to human-readable form; (iv) bypass, modify, defeat, tamper with or circumvent any of the security features of the Promo King App and/or the Promo King App Service, including altering any digital rights management (DRM) functionality of the Promo King App and/or the Promo King App Service; (v) share access to the Promo King App, whether through a network, resale or other means; (vi) transfer the Promo King App (or any individual component thereof) from one device to another device or computer; (vii) infringe, violate, or interfere with any patent, trademark, trade secret, copyright, right of publicity or any other right of any party; (viii) violate any law, rule or regulation of the local laws applicable to you in your use of the Promo King App; (ix) sub-licence, assign in whole or in part, rent, lease, lend, resell or in any way transfer any rights to all or any portion of the Promo King App and/or the Promo King App Service to any third party, except as expressly permitted by these Promo King App Terms of Use or applicable third-party licence agreement; (x) broadcast, transmit or distribute the Digital Content in any manner, such as online streaming or making the Digital Content available for download; (xi) interfere with or damage the Promo King App and/or the Promo King App Service, including, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (xii) violate any third-party contract or policy governing the Promo King App or Digital Content; (xiii) delete, destroy or alter in any manner the proprietary rights notices, markings and legends appearing on the Digital Content or Promo King App; or (xiv) assist or encourage any third party in engaging in any activity prohibited by these Promo King App Terms of Use, the Promo King Store Terms of Use or any applicable local laws or regulations.

(c) Excluded Software. Certain portions of Promo King App are subject to the separate licensing terms set out in Attachment 1 or are otherwise made available to you as Open Source software, which may have certain other terms apply to them. Please review these licensing terms carefully. By using Promo King App, you agree that you have read, understand and agree to be bound by such terms.

(d) Intellectual Property. We (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the Promo King App and/or the Promo King App Service and all enhancements, bug fixes, updates, upgrades, modifications, additions, customisations, improvements, derivative works, whether or not developed by us, and copies thereof, and all information, methods and processes and intellectual property rights therein (collectively, the "Intellectual Property"). You acknowledge and agree that neither the sale or transfer nor the licence of the Promo King App grants to you title or ownership of any of our Intellectual Property or those of our suppliers or licensors. 2011-2015 Mobi Move Ltd AND ITS AFFILIATES, SUPPLIERS AND LICENSORS, ALL RIGHTS RESERVED. Most trademarks shown on the Promo King App are owned by Mobi Move Ltd or its affiliates or subsidiaries. Certain other trademarks shown on the Promo King App or through the Promo King App Service are owned by our suppliers or licensors or other third parties. All Rights Reserved. No rights are granted to you except those expressly set forth in this Section 3 and we (and, where applicable, our licensors and suppliers) expressly reserve all rights, title and interest in and to the Promo King App not expressly granted herein.

(e) Indemnity. To the maximum extent permitted by applicable local law, you agree to indemnify and hold harmless on a continuing basis us and our affiliates, and our and their employees, representatives, agents, lawyers, directors, officers, managers, shareholders, suppliers and licensors (the "Indemnified Parties") immediately (on demand) from any claim or demand, including reasonable and/or statutory legal fees, made by any third party due to or arising out of your use of the Promo King App or the Promo King App Service and/or related to, or connected with your actual or alleged breach of these Promo King App Terms of Use or your violation of any applicable law or regulation or the rights of a third party.

4.TERMINATION AND SUSPENSION

(a) Termination By Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your Promo King account or your access to all or any part of the Promo King App Service, for any reason at our sole discretion.

Where reasonableness is required by applicable local law, we may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your Promo King account or your access to all or any part of the Promo King App Service for any reason at our sole discretion where we reasonably consider it necessary, including where we believe that you have violated any term or condition of these Promo King App Terms of Use or any applicable local laws or regulations, or may cause us, our suppliers or licensors, or another user of the Promo King Service financial loss or legal liability.

In certain cases, at our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you that (i) your right to use or access any part of the Promo King App Service has been terminated including the right to use, access or create any Promo King account and/or any Sub Accounts thereon; (ii) that we refuse to provide any services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

(b) By You. You may terminate your use of the Promo King App or the Promo King App Service at any time by ceasing all use and removing/deleting/uninstalling the Promo King App from your Promo King App Supported Device.

(c) Effect of Termination. Following termination (by us or by you) or suspension, you will not be permitted to use the Promo King App and/or the Promo King App Service. Following termination (by us or by you) you will immediately uninstall, delete and/or destroy all copies of Promo King App. In the case of termination of your Promo King account, you will remain liable for all amounts due under your Promo King account up to and including the date of termination.

Upon termination of these Promo King App Terms of Use, the following Sections shall continue in force and you explicitly agree to be bound by the following Sections: Internet Connectivity Charges; Indemnity; Termination and Suspension; Disclaimers; Exclusions and Limitations; Dispute Resolution; General and/or any other provisions of these Promo King App Terms of Use that are expressly or by implication intended to come into or continue in force on or after termination of these Promo King App Terms of Use.

5.DISCLAIMERS; EXCLUSIONS AND LIMITATIONS

(a) DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE Promo King APP AND THE Promo King APP SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE Promo King APP IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE DO NOT REPRESENT OR WARRANT THAT THE Promo King APP OR ITS USE, OR THE Promo King APP SERVICE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR PURCHASE OR USE OF (OR INABILITY TO USE) THE Promo King APP AND/OR THE Promo King APP SERVICE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHERE (I) THERE WAS NO BREACH OF STATUTORY DUTY OR FAILURE ON OUR PART (OR OUR EMPLOYEES OR AGENTS OR REPRESENTATIVES); (II) IT IS NOT A REASONABLY FORESEEABLE CONSEQUENCE OF ANY SUCH BREACH; OR (III) IT RELATES TO BUSINESS LOSS (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA OR DAMAGE TO REPUTATION OR GOODWILL). TO THE EXTENT THAT APPLICABLE LOCAL LAW PERMITS, ANY SUCH LIABILITY FOR THE MATTERS SET OUT IN THIS PARAGRAPH SHALL BE LIMITED TO US$50 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).

NOTWITHSTANDING THE ABOVE, CERTAIN LOCAL LAWS DO NOT ALLOW SUCH EXCLUSIONS OF OR LIMITATIONS OF LIABILITY, IN WHICH CASE NOTHING IN THESE Promo King APP TERMS OF USE SHALL EXCLUDE OR IN ANY WAY LIMIT OUR OR OUR SUPPLIERS' OR LICENSORS' LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OR OUR SUPPLIERS' OR LICENSORS' NEGLIGENCE, OR THAT OF OUR SUPPLIERS' OR LICENSORS' EMPLOYEES, AGENTS, REPRESENTATIVES OR SUB-CONTRACTORS (AS APPLICABLE), GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL DEFAULT OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LOCAL LAW.

(d) IMPACT OF LOCAL LAWS. CERTAIN LOCAL LAWS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

(e) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LOCAL LAWS, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(f) FORCE MAJEURE. WE WILL NOT BE LIABLE TO YOU FOR FAILING TO PERFORM OUR OBLIGATIONS UNDER OR ARISING OUT OF THESE Promo King APP TERMS OF USE OR ANY APPLICABLE LOCAL LAWS OR REGULATIONS BECAUSE OF ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING A LABOUR DISTURBANCE, AN INTERNET OUTAGE OR INTERRUPTION OF SERVICE, A COMMUNICATIONS OUTAGE, FAILURE BY A SERVICE PROVIDER OR ANY OTHER THIRD PARTY TO PERFORM, ACTS OF WAR OR OTHER ACTION OF MILITARY FORCES, TERRORISM, RIOT, CIVIL COMMOTION, SABOTAGE, VANDALISM, ACCIDENT, FIRE, FLOOD, ACTS OF GOD, STRIKE, LOCK-OUT OR OTHER INDUSTRIAL DISPUTES (WHETHER OR NOT INVOLVING OUR EMPLOYEES OR THOSE OF OUR AFFILIATES, SUPPLIERS OR LICENSORS) OR LEGISLATIVE OR ADMINISTRATIVE INTERFERENCE (INCLUDING THOSE GIVING RISE TO CURRENCY CHANGES OR OTHERWISE AFFECTING OUR ABILITY TO OPERATE OR PROVIDE THE Promo King SERVICE, WHETHER IN WHOLE OR IN PART).

6.GENERAL

(a) Interpretation. Headings used in these Promo King App Terms of Use are for reference only and shall not affect the meaning of any terms. Including means including, without limitation. The singular includes the plural and vice versa. These Promo King App Terms of Use are binding upon each party and its successors and permitted assigns.

(b) Entire Agreement. Except for any additional terms that apply to your use of the Promo King App and/or the Promo King App Service as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Promo King App and/or the Promo King App Service, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

(c) Severability. The provisions of these Promo King App Terms of Use are intended to be severable. If for any reason any provision of these Promo King App Terms of Use is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.

(d) Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers and licensors are intended third-party beneficiaries of these Promo King App Terms of Use.

(e) No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Promo King App Terms of Use or by law will not operate as a waiver of such right, remedy or provision.

(f) Notices. Where we need to send you notices under these Promo King App Terms of Use or in connection with your use of the Promo King App and/or the Promo King App Service, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your Promo King account or another email address that you provide to us. To the maximum extent permitted by applicable local law, you acknowledge and agree that any communication via email or by postings on the Promo King App and/or the Promo King App Service satisfies any legal requirement that such communications be made in writing. You may give notice to us via email at the following address: contact@mobimove.com.

(g) Changes to Promo King App and Promo King App Service and Amendments to these Promo King App Terms of Use. To the maximum extent permitted by applicable local law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Promo King App and/or the Promo King App Service, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Promo King App Terms of Use at our sole discretion. You should periodically review these Promo King App Terms of Use so that you are aware of the terms and conditions that apply to your use of the Promo King App. Your use of the Promo King App and/or the Promo King App Service after any modification, purchasing downloading or streaming (or otherwise transferring to your Promo King Library) Digital Content via the Promo King App, or accessing Digital Content previously purchased or downloaded (or otherwise transferred to your Promo King Library) via the Promo King App and/or the Promo King App Service, constitutes your acceptance of the most recent version of these Promo King App Terms of Use as modified.

(h) Assignment. These Promo King App Terms of Use and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. You may, however, sell, give away or otherwise transfer your Promo King App Supported Device; provided, however, that you either delete the Promo King App prior to selling, giving away or otherwise transferring the Promo King App Supported Device or, where the Promo King App is not deleted from the Promo King App Supported Device, the person to whom you transfer the Promo King App Supported Device registers for their own Promo King account if they are to use the Promo King App and/or the Promo King App Service via the Promo King App Supported Device which is sold, given away or otherwise transferred to them. Similarly, if you lend your Promo King App Supported Device to another person or another person otherwise uses your Promo King App Supported Device, you will be responsible for that person's use of the Promo King App and/or the Promo King App Service accessed or used via that Promo King App Supported Device. We may freely assign or transfer this Agreement or any of our rights and obligations under it.

(i) Governing Law; Jurisdiction. To the maximum extent permitted by local laws, the laws of Mauritius, without regard to principles of conflict of laws, will govern these Promo King App Terms of Use and any dispute or claim of any sort that might arise between you and Mobi Move Ltd.

(k) Contact Information. For help with the Promo King App or if you have any questions regarding these Promo King App Terms of Use, please send an email to customer service at contact@mobimove.com.

Last updated: 12 December 2015

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