MOKO Technologies Ltd. 

Privacy Policy

Last updated: Nov 15, 2017

 

 

This Privacy Policy, as may be amended by MOKO Technologies Ltd. from time to time, forms a part of the User Agreement between you (“you”, or “your”) and MOKO Technologies Ltd. (“MOKO”, “we”, “us”, or “our”), which can be viewed at https://www.mokotech.ca/policies-and-conditions, and is incorporated in the User Agreement by reference. This Privacy Policy explains what “personally identifiable information” we collect when you use any and all services made available through MOKO’s mobile application (“MOKO”) and/or MOKO Website located at www.mokotech.ca (collectively “MOKO Services”), why we collect it, and how it is used. By using MOKO or any MOKO Services, you consent to all of the data practices prescribed in this Privacy Policy and the terms of our User Agreement. We may periodically post changes to this Privacy Policy on this page or e-mail you about the changes, and it is your responsibility to review this Privacy Policy frequently. When required by law, we will notify you of any changes to this Privacy Policy.

 

Collection of Personally Identifiable Information

 

When you register an account with MOKO (“MOKO Account”) or use MOKO App or MOKO Website or any MOKO Services, we may automatically collect certain information sent to us through your computer, mobile phone, or other access device. Such automatically collected information may include your IP address, device information including, but not limited to, identifier, device name and type, operating system, location, and standard web log information, such as your browser type, traffic to and from our site and the pages you accessed on our website. You must be at least 18 years old to register a MOKO Account or use any MOKO Services. We do not specifically market to children under 13, and do not intentionally collect information from or about any individual who is under 13 years old.

 

When you create an account or use MOKO App or any MOKO Services, we may collect information about your name, address, e-mail, phone number, driver’s license number and expiry date, credit card information, and other similar information and any update to your MOKO Account.

 

When you use MOKO App or MOKO Services, we may collect information about your transactions with other MOKO Users, including Listing Information as defined in our User Agreement, or any other transaction-related content that you generate or that is connected to your account as a result of a transaction you are involved in.

 

We may collect information about your interaction with MOKO Services and your electronic communications with us. For example, we may use the collected information to facilitate or process your transactions, or help you with your experience with MOKO Services by allowing you to subscribe to our newsletters, provide us with your feedback on our products or services, or respond to surveys or marketing communications. We may collect additional information that you choose to disclose to us in your online correspondence, including any live chat, e-mail, text, SMS, or web form to our customer support team.

 

Use of Personally Identifiable Information

 

We use the personally identifiable information we collect to provide and improve MOKO Services. We may use your personal information to:

 

  • Provide MOKO Services and customer support you have requested;

  • Process transactions and send notices about your transactions;

  • Collect fees;

  • Customize, measure, and improve MOKO Services, MOKO App and MOKO Website;

  • Deliver targeted marketing, service update notices, and promotional offers; and

  • Investigate or prevent violations of our User Agreement.

 

We may share your personal information with:

 

  • Our third party service providers who help with parts of our business operations such as fee collection, marketing, and technology services. Our disclosure of your information to these service providers is solely for the services they perform for us and not for their own benefit;

  • Other MOKO Users who may be involved in completing your transactions;

  • Others third parties, where your consent or direction to do so is expressly provided or necessarily implied;

  • A legal entity that we plan to merge with or be acquired by in whole or in part. In such event, we will require the new or combined legal entity to follow this Privacy Policy to the maximum extent possible, and notify you of any change in its privacy policy.

 

We may use “cookies” or other similar technologies to improve your experience with MOKO Services. You are always free to block, delete, or disable cookies if your browser, application, or device permits. However, if you decline cookies or other similar technologies, you may not be able to take advantage of certain features of MOKO Website, MOKO App or MOKO Services. For more information on how you can block, delete, or disable cookies or other similar technologies, please review your browser or device settings.

 

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We will not use your personal information for purposes other than those set forth herein, without your permission, unless required or permitted by law.

 

You may withdraw your consent for the use or disclosure of your personal information for purposes set out in this Privacy Policy. If you choose to so limit the use or disclosure of your personal information, some or all features of MOKO Services and customer support may not be available to you.

 

Protection of Personally Identifiable Information

 

We take reasonable technical and administrative security measures to protect your personal information from misuse, unauthorized access, disclosure, and alteration.

 

We implement and maintain electronic, physical, and procedural safeguards in compliance with applicable laws to store and process your personal and transactional information. We use computer safeguards such as firewalls and data encryption, we enforce physical access control to our facilities and files, and we authorize access to personal information only for those persons who require it to fulfill their job responsibilities.

 

Access to Personally Identifiable Information

 

Subject to limitations imposed by applicable laws, you may access, review, or make changes to your personal information by signing in to your MOKO Account, or communicating your request to us.

 

Privacy Inquiries

 

If you have any questions or concerns regarding this Privacy Policy, you may contact our customer support at info@mokotech.ca, or by writing to us at MOKO Technologies Ltd., 4466 Shoreline Drive, Ottawa ON, Canada, K1V 1R7.

User Terms and Conditions

MOKO USER AGREEMENT

Last updated: Dec 26, 2017

 

This agreement (“Agreement”) between you (“you”, or “your”) and MOKO Technologies Ltd. (“MOKO”, “we”, “us”, or “our”) governs your use of any and all services described herein and made available through MOKO’s mobile application (“MOKO App”) and/or MOKO Website located at www.mokotech.ca (collectively “MOKO Services”).

 

By clicking the “AGREE” button or downloading or using MOKO App, or by signing up an account with MOKO or accessing MOKO Services, you acknowledge that you are at least 18 years old and have read, understand and agree to be legally bound by this Agreement, and MOKO’s Privacy Policy, which can be viewed at https://www.mokotech.ca/policies-and-conditions, and which is incorporated herein by reference. If you do not agree to any of the terms set forth in this Agreement, do not click the “AGREE” button and do not access or use any of the MOKO Services.

 

MOKO may amend this Agreement from time to time by posting on our website or sending you a notice via electronic communication. Any amended Agreement shall be effective as of the earlier of (a) your express acceptance, and (b) one month after the date of posting or our sending of electronic notice to you. By continuing to access or use MOKO App and/or MOKO Services after any amended Agreement is effective, you agree to be bound by this Agreement as amended.

 

MOKO Account

 

In order to use any of MOKO Services, you must first register with MOKO by providing your name, address, e-mail, phone number, driver’s license number and expiry date, credit card information, and other relevant information, and affirming your acceptance of this Agreement. Upon successful completion of the registration process, a MOKO Account will be created for you, and you become a registered user of MOKO Services (“MOKO User”). You agree to provide accurate, current, and complete information during the registration process, and to keep such information accurate, current, and complete at all times.

 

MOKO may, at any time and at our sole discretion, refuse a registration request, suspend, limit, or terminate your MOKO Account or access to MOKO Services if any information about your registration is inaccurate, not current, or incomplete, or if your use of MOKO Services is unauthorized or in violation of this Agreement. You agree that MOKO may, at any time and at our sole discretion, impose restriction to your account in accordance with this Agreement without any liability to you or any third party.

 

MOKO Services and Fees

 

MOKO provides a registration-based online platform (“MOKO Platform”) to facilitate communication and customer relations management arrangements or transactions between MOKO Users themselves and their customers.

 

 

Use of Personally Identifiable Information

 

By using MOKO App, MOKO Services or MOKO Website, you may obtain, or we may provide you with “personally identifiable information” of other MOKO Users based on consent given to us in accordance with our Privacy Policy. Such personal information may include name, address, e-mail, phone number, driver’s license number and expiry date, credit card information, license plate numbers and other similar information completing and updating the account of MOKO Users.

 

You agree that you can use any personal information that you have access to only for purposes of completing parking reservation transactions, or for legitimate reasons in connection with MOKO Services (such as reporting problems or complaints to MOKO). Any use of any personal information of other MOKO Users that you have access to for any other purpose constitutes a violation of this Agreement.

 

Electronic Communications

 

By using MOKO App or MOKO Services, you consent to receiving communications from us electronically about your MOKO Account and MOKO Services. You agree that we may communicate with you via e-mail (to the address that you provide), text, SMS message (to the phone number that you provide, if any), in-app notifications or messages, or by posting notices or messages on MOKO Website, or through MOKO Services. For any communication made electronically, the date on which such communication is transmitted shall be deemed as the date of receipt. If you do not wish to receive communications electronically, we will not be able to create or maintain your MOKO Account and your MOKO Account will be terminated. You agree that all documents, agreements, notices, messages, texts, and other communications that we transmit to you electronically satisfy any legal requirement that such communications be in writing.

 

Licence Grant and Restriction on Use

 

MOKO App is licensed, not sold, to you for use solely under the terms of this Agreement. MOKO grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited licence to install and use MOKO App on a mobile device that you own or control, to access and use MOKO Services and any content, material, information and functionality in connection therewith, strictly in accordance with the terms and conditions of this Agreement, and any third party “usage rules” and terms of use associated with your mobile device or any third party software or application that is utilized by or associated with MOKO App or MOKO Services, including usage rules and service agreements established by Apple Inc., Google Inc., and such other service or product providers, which are incorporated herein by reference. MOKO reserves all rights not expressly granted to you.

 

You agree that you may not rent, lease, lend, sell, redistribute or sublicense MOKO App. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of MOKO App, any updates, or any part thereof.

 

Intellectual Property Rights

 

You acknowledge and agree that MOKO App, MOKO Website, MOKO Platform, MOKO Services, all contents, materials, information, products (including software) and other services included in or otherwise made available to you through MOKO App, MOKO Website, MOKO Platform, or MOKO Services, and any and all intellectual property rights associated therewith are the properties of MOKO and/or its licensors and are protected by copyright, trademark laws and other intellectual property laws of Canada and other countries.

 

Disclaimers and Limitation of Liability

 

THE MOKO APP, MOKO PLATFORM, MOKO SERVICES, MOKO WEBSITE, AND ALL CONTENTS, MATERIALS, INFORMATION, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MOKO APP, MOKO PLATFORM, MOKO SERVICES, OR MOKO WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, PARKA DISCLAIMS ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF CANADA OR ANY PROVINCE THEREOF. MOKO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE OPERATION OF OR ACCESS TO ANY PART OF THE MOKO APP, MOKO PLATFORM, MOKO SERVICES, MOKO WEBSITE, OR ANY OF THE CONTENTS, MATERIALS, INFORMATION, PRODUCTS (INCLUDING SOFTWARE) CONTAINED THEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MOKO APP, MOKO PLATFORM, MOKO SERVICES OR MOKO WEBSITE, WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, ACCURATE, ERROR-FREE OR SECURE.

 

IN NO EVENT SHALL MOKO, ITS AFFILIATES, OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF MOKO APP, MOKO PLATFORM, MOKO SERVICES, OR MOKO WEBSITE, OR FROM THE USE OF ANY CONTENT, MATERIAL, INFORMATION, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MOKO APP, MOKO PLATFORM, MOKO SERVICES, OR MOKO WEBSITE, OR ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), BY STATUTE OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF MOKO APP, MOKO PLATFORM, MOKO SERVICES, MOKO WEBSITE SHALL BE AT YOUR SOLE RISK.

 

Indemnification

 

You agree to indemnify and hold harmless MOKO, its affiliates, and service providers, and each of their respective officers, directors, shareholders, employees, agents, and representatives, from and against any and all claims, damages, losses, obligations, liabilities, demands, costs or debt, or expenses, including attorney’s fees, arising out of or in relation to your use of MOKO App, MOKO Platform or MOKO Services, your breach of this Agreement, or your violation of any law, regulation, or any rights of any third party, including any intellectual property right and privacy right.

 

Severability

 

If any term or provision of this Agreement is determined to be invalid, void, or unenforceable, the remaining terms or provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

 

Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada without regard to principles of conflicts of law.

 

Dispute Settlement

 

Any dispute or claim arising out of or in connection with this Agreement shall be finally settled by binding arbitration administered by the International Chamber of Commerce, in Ottawa, Canada, in accordance with its Rules of Arbitration, wherein the Emergency Arbitrator Provisions shall not apply, except that either you or Parka may bring suit in court with respect to any dispute or claim arising out of or relating to infringement of intellectual property rights.

 

Entire Agreement

 

This Agreement sets forth the entire understanding and agreement between you and MOKO with respect to the subject matter hereof, and supersedes and terminates any and all prior agreements and understandings with respect to such subject matter, including any and all prior versions of this Agreement.

©2018 by MOKO Technologies Ltd.