Terms and Conditions
Please read the Terms and Conditions of mogozay.com carefully. By using "mogozay.com" you hereby agree to our "User Agreement" This document is an electronic record following the Electronic Transactions Law of 2004. All of the following conditions applicable by the amended provisions pertaining to electronic records in various statutes as amended by the Electronic Transactions Law of 2004. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to mogozay.com also hereby known as "we", "us", "our" or "mogo". We are an online marketplace and these are the terms and conditions governing your access and use of mogo along with its related sub-domains, websites, mobile app, services and tools, hereafter referred to as website. By using us, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions ("User Agreement"). This User Agreement is deemed effective upon your use of our webite which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this website. This website is owned and operated by MOGO COMPANY LIMITED. We reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the website with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the website following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.
2. CONDITIONS OF USE
A. YOUR ACCOUNT
To access certain services offered by the us, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation. You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the website and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the website and/or use of any services offered by the website (whether such access or use is authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the website through your account. Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information you are not able to update by accessing Your Account on the website, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the website, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.
Please review our Privacy Agreement, which also governs your visit to the website. The personal information / data provided to us by you or your use of the website will be treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the website.
C. PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on our website while the payment processing occurs between you, and us and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the website shall be strictly a bipartite contract between you, us and our affiliates as listed on our website.
D. Continued Availability Of The Website
We will do our utmost to ensure that access to the website is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the website, this cannot be guaranteed. Additionally, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
E. License To Access The Website
We require that by accessing the website, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the website under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive license to use the website, in accordance with the Terms and Conditions described herein, for the purposes of shopping for personal items and services as listed to be sold on the website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the website more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this website is solely for informational purposes. Product representations including price, available stock, features, add-ons and any other details as expressed on this website are the responsibility of the vendors displaying them and is not guaranteed as completely accurate by us. Submissions or opinions expressed on this website are those of the individual(s) posting such content and may not reflect our opinions. We grant you a limited license to access and make personal use of this website, but not to download (excluding page caches) or modify the website or any portion of it in any manner. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the website with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable. You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action i. Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the website as available on the Website at all times; ii. Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; iii. Use the website for illegal purposes; iv. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services; v. interfere with another’s utilization and enjoyment of the website; vi. post, promote or transmit through the website any prohibited materials as deemed illegal by the Republic of the Union of Myanmar; vii. use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the website’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the website; and viii. use the website other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws
F. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the website, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You are strictly prohibited from using the website i. i. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity ii. to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Myanmar or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any \"spam” iii. to cause annoyance, inconvenience or needless anxiety iv. for any other purposes that is other than what is intended by us
G. Your Submissions
Anything that you submit to the website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the website, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
H. Claims against disagreeable Content
We list thousands of products for sale offered by numerous on the website and host multiple comments on listings; it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a "claim, review and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Myanmar or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" objectionable content "), please notify us immediately. We will make all practical endeavors to investigate and remove valid objectionable content complained about within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
I. Claims against Infringing Content
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact to us and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings. We also respect a manufacturer's right to enter into exclusive distribution or resale agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer, distributor and/or us, it would not be appropriate for us to assist in the enforcement of such activities. While we cannot provide legal advice nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.
J. Trademarks and Copyrights
mogozay.com, our logo, and other marks indicated on our website are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. All intellectual property rights, whether registered or unregistered, in the website, information content on the website and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the website also are protected by copyright as a collective work under Myanmar copyright laws and international conventions. All rights are reserved.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products nor hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with us nor shall mogo have any obligations or liabilities in respect of any transactions on the website. We shall neither be liable or responsible for any actions or inactions of any other service provider as listed on our website which includes but is not limited to payment providers, installment offerings, warranty services amongst others.
You shall indemnify and hold harmless mogo, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release mogo and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the us or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
M. Third Party Business
Parties other than mogo and its affiliates may operate stores, provide services, or sell product lines on the website. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.
N. Communicating With Us
When you visit the website, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
P. Amendments To Conditions Or Alterations Of Service And Related Promise
We reserve the right to make changes to the website, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the website ujanless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Q. Events Beyond Our Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our website and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this website in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the website or with any terms, conditions, rules, policies, guidelines, or practices in operating the website, your sole and exclusive remedy is to discontinue using the website.
T. Governing Law And Jurisdiction
These terms and conditions are governed by and construed in accordance with the laws of the the Republic of the Union of Myanmar. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Yangon.
U. Contact Us
V. Our Software
3. Conditions Of Sale (Between Us And Customers)
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the website. These conditions signify your agreement to be bound by these conditions.
A. Conditions Related To Sale Of The Product Or Service