MOBEE FOODS TERMS OF SERVICE

These Terms of Service ("Terms") govern your access to and use of Mobee Foods as defined in Section 1 below. These terms incorporate by reference all other Terms of Use and Policies applicable to your use of Mobee Foods L.L.C, hereinafter referred to as ("Mobee Foods or "Mobee").

1. Scope of Mobee Foods
1.1 Mobee Foods enable registered drivers and vehicle owners, as well as third-party vehicle suppliers, to offer services and vehicles, as well as to search for, communicate, and transact directly with each other through a medium hosted by Mobee.

1.2 Mobee does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any vehicles or drivers ("Vehicle Responsibilities") or services provided by vehicle owners ("Owner Services"). When drivers reserve a vehicle, they are entering into a contract directly with the vehicle owner. Mobee is not and does not become a party to or other participants in any contractual relationship between drivers, vehicle owners and vehicle suppliers. Mobee is not acting as an agent in any capacity for any party using Mobee Food Services. All contractual and payment arrangements between users of Mobee Food Services are the sole responsibility of the parties, not Mobee, and these parties need to make sure they comply with all applicable laws. Mobee does not act as a guarantor for any user of Mobee Food Services.

1.3 Your use of Mobee Food Services is voluntary and at your sole risk. Mobee has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Vehicle Responsibilities, (ii) the truth or accuracy of any Vehicle Responsibilities descriptions, ratings, reviews, or other information about you including, without limitation, your name, likeness, biographical information (collectively, "User Content"), or (iii) the performance or conduct of any driver or third party. Mobee does not endorse any driver, Vehicle Responsibilities. You should always exercise due diligence and care when deciding whether to use a Vehicle or communicate and interact with other users of Mobee Food Services.

1.4 Mobee Food Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Mobee is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Mobee of such Third-Party Services.

1.5 Mobee does not guarantee the continuous and uninterrupted availability and accessibility of Mobee Foods. Mobee may improve, enhance, modify or restrict the availability of Mobee Foods or certain areas or features thereof for any reason in its sole discretion with no further notice to you.

1.6 You agree that you are solely responsible for compliance with any laws, rules, or regulations applicable to your use of Mobee Food Services, including Vehicle Responsibilities you offer or receive.

2. Modification/Termination
2.1 Mobee reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms within the Driver applications and update the "Last Updated" date at the top of these Terms. If you disagree with the revised Terms, you should no longer use the Mobee Food Services. Your continued access to or use of the Mobee Food Services will constitute acceptance of the revised Terms.

2.2 In addition, Mobee reserves the right to modify or terminate the Mobee Food Services and your access to Mobee Food Services for any reason, including but not limited to a violation of these Terms, at any time.

3. User Generated Content Policy
3.1 Mobee Foods may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Mobee Foods through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Mobee Foods may, in its sole discretion, remove, edit or disable User Content for any reason, including if Mobee Foods reasonably determines that User Content violates this Agreement. Mobee Foods does not assume any responsibility or liability for User Content, for removing it, or not removing it or other Content. Mobee Foods does not pre-screen all User Content and does not endorse or approve any User Content available on the Services.

Any User Content provided by you remains your property. However, by providing User Content to Mobee Foods, you grant Mobee Foods a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Mobee Foods's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Mobee Foods the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Mobee Foods's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

When you access or use the Services, you agree that you will not:
  • Violate any law, rule or regulation.
  • Interfere with or disrupt the Services or any server or network used to support or provide the Services, including any hacking or cracking in the Services.
  • Use any software or program that damages, interferes with or disrupts the Services or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancel bots, spyware, corrupted files and time bombs.
  • Use the Services to cause nuisance, annoyance, inconvenience, or property damage, for example using vulgar or harassing language, being abusive, or spamming, to any party using the Services. Hate speech is not tolerated.
  • Contribute User Content or organize or participate in any activity, group or association that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
  • Publish, post, upload or distribute User Content that is illegal or that you don't have permission to freely distribute, including the personal information of another person.
  • Publish, post, upload or distribute any content that Mobee Foods (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
  • Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
  • Impersonate another person or falsely imply that you are an Mobee Foods employee, Mobee Foods Partner or representative.
  • Improperly use in-app support or complaint buttons or make false reports to Mobee Foods staff.
  • Attempt to obtain, or phish for, a password, account information, or other private information from anyone else using the Services.
  • Use any robot, spider or other automated device or process to access the Services for any purpose or copy any material on from the Services.
  • Attempt to use the Services on or through any service that is not controlled or authorized by Mobee Foods.
  • Promote, encourage or take part in any prohibited activity described above.
If you or someone using your Account violates this Agreement, fails to remedy this violation after a warning, Mobee Foods may take action against you, including revoking access to certain or all of the Services, or terminating your Account. In case of severe violations, Mobee Foods may take these actions without issuing a prior warning. When practical, Mobee Foods will notify you of the action it will take in response to violations of these rules or breach of this Policy.

Mobee Foods may, in its discretion, monitor or record online activity or Content on the Services and may remove any Content from any Service at its discretion. Remember that your communications and your User Content in any of the Services are public and will be seen by others.

4. Privacy Policy
4.1 This policy describes how Mobee Foods and its affiliates collect and use personal information to provide our services. This policy applies to all users of our apps, websites, features or other services. This policy specifically applies to:
  • Delivery Recipients: users who request deliveries of food or other items
  • Delivery Partners: users who provide delivery services
This policy also applies to those who provide information to Mobee Foods in connection with an application to use our services, or whose information Mobee Foods otherwise receives in connection with its services (such as contact information of individuals associated with restaurant partners). All those subject to this policy are referred to as "users" for purposes of this policy.

4.2 Mobee Foods collects:
  • Information that you provide to Mobee Foods, such as when you create your Mobee Foods account.
  • Information created when you use our services, such as location, usage and device information.
  • Information from other sources, such as Mobee Foods partners and third parties that use Mobee Foods APIs.
4.3 The following information is collected by or on behalf of Mobee Foods:
1. Information you provide
  • User profile: We collect information when you create or update your Mobee Foods account. This may include your name, email, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification numbers such as Social Security number, driver's license or passport if required by law, birth date, photo and signature. This also includes vehicle or insurance information of drivers. This also includes the preferences and settings that you enable for your Mobee Foods account.
  • Background check information: We may collect background check information if you sign up to use Mobee Foods's services as a driver. This may include information such as your driver history or criminal record (where permitted by law). This information may be collected by a vendor on Mobee Foods's behalf.
  • Demographic data: We may collect demographic information about you, including through user surveys.
  • User content: We may collect information that you submit when you contact Mobee Foods customer support, provide ratings or compliments for other users, or otherwise contact Mobee Foods.
2. Information created when you use our services
  • Location Information
    When using the Mobee Foods services, and your app settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi.
    • If you are a driver, Mobee Foods collects location information when the Mobee Foods app is running in the foreground (app open and on-screen) or background (app open but not on screen) of your device.
  • Transaction Information
    We collect transaction details related to your use of our services, including the type of services you requested or provided, your order details, delivery information, date and time the service was provided, amount charged, distance traveled, and payment method.
  • Usage information
    We collect information about how you interact with our services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our services.
  • Device Information
    We may collect information about the devices you use to access our services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.
  • ď‚·Communications data
    We enable users to communicate with each other and Mobee Foods through the Mobee Foods apps, websites, and other services.
3. Information from other sources
  • User feedback, such as ratings or compliments.
  • Users providing your information in connection with referral programs.
  • Users requesting services for or on your behalf.
  • Users or others providing information in connection with claims or disputes.
  • Insurance providers (if you are a driver).
  • Financial services providers (if you are a driver).
  • Publicly available sources.
  • Marketing service providers.
4. How We Use Your Information
  • To enhance the safety and security of our users and services
  • For customer support
  • For research and development
  • To enable communications to or between users
  • To provide promotions or contests
  • In connection with legal proceedings
With your consent Mobee may share your information other than as described in this policy if we notify you and you consent to the sharing.

4.4 Updates to This Policy
We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the Mobee apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy.

We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review.

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