Conditions
Updated: 14 April, 2020
Welcome to YourBest.Store. MobileCentric LLC and/or its affiliates (“Mobcentx”) provide website features and other products and services to you when you visit or shop at YourBest.Store, use other MobileCentric products or services, use MobileCentric applications for mobile, or use software provided by MobileCentric in connection with any of the foregoing (collectively, “MobileCentric Services”). MobileCentric provides the MobileCentric Services subject to the following conditions.
By using MobileCentric Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Services, and sometimes additional terms may apply. When you use a MobileCentric Service (for example, YourBest.Store, Your Profile, Gift Cards, Online Services, Your Media Library, Mobcentx devices, or MobileCentric applications) you also will be subject to the guidelines, terms and agreements applicable to that MobileCentric Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of MobileCentric Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use MobileCentric Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other MobileCentric Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any MobileCentric Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of MobileCentric or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any MobileCentric Service is the exclusive property of MobileCentric and protected by international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MobileCentric Service are trademarks or trade dress of MobileCentric in Hong Kong and other countries. MobileCentric’s trademarks and trade dress may not be used in connection with any product or service that is not MobileCentric’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MobileCentric. All other trademarks not owned by MobileCentric that appear in any MobileCentric Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MobileCentric.
PATENTS
One or more patents owned by MobileCentric apply to the MobileCentric Services and to the features and services accessible via the MobileCentric Services. Portions of the MobileCentric Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, MobileCentric, YourBest.Store platform or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MobileCentric Services. This license does not include any resale or commercial use of any MobileCentric Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MobileCentric Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by MobileCentric or its licensors, suppliers, publishers, rightsholders, or other content providers. No MobileCentric Service, nor any part of any MobileCentric Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MobileCentric. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MobileCentric without express written consent. You may not use any meta tags or any other “hidden text” utilizing MobileCentric’s name or trademarks without the express written consent of MobileCentric. You may not misuse the MobileCentric Services. You may use the MobileCentric Services only as permitted by law. The licenses granted by MobileCentric terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own MobileCentric platform account to use certain MobileCentric Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. MobileCentric does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MobileCentric Services only with involvement of a parent or guardian. Alcohol listings on YourBest.Store are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. MobileCentric reserves the right to refuse service, terminate accounts, terminate your rights to use MobileCentric platforms and Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MobileCentric reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MobileCentric a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MobileCentric and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MobileCentric for all claims resulting from content you supply. MobileCentric has the right but not the obligation to monitor and edit or remove any activity or content. MobileCentric takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
MobileCentric respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All purchases of physical items from MobileCentric are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
MobileCentric does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, MobileCentric does not take title to the refunded item. For more information about our returns and refunds, please see our Returns and Refunds policies.
PRODUCT DESCRIPTIONS
MobileCentric attempts to be as accurate as possible. However, MobileCentric does not warrant that product descriptions or other content of any MobileCentric Service is accurate, complete, reliable, current, or error-free. If a product offered by MobileCentric itself is not as described, your sole remedy is to return it in unused, un-tampered and original condition.
PRICING
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on MobileCentric and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on MobileCentric.
With respect to items sold by MobileCentric, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by MobileCentric is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
APP PERMISSIONS
When you use apps created by MobileCentric, such as the MobileCentric App, YourBest.Store App or Chat Apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, refer to the devices platform provider.
SANCTIONS AND EXPORT POLICY
You may not use any MobileCentric Service if you are the subject of international sanctions or where you are using MobileCentric Services. You must comply with all international and other export and re-export restrictions that may apply to goods, software (including MobileCentric Software), technology, and services.
OTHER BUSINESSES
Parties other than MobileCentric operate stores, provide services or software, or sell product lines through the MobileCentric Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). MobileCentric does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MOBILECENTRIC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILECENTRIC PLATFORMS OR SERVICES ARE PROVIDED BY MOBILECENTRIC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOBILECENTRIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MOBILECENTRIC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILECENTRIC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILECENTRIC SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MOBILECENTRIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBILECENTRIC DOES NOT WARRANT THAT THE MOBILECENTRIC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILECENTRIC SERVICES, MOBILECENTRIC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MOBILECENTRIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MOBILECENTRIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MOBILECENTRIC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MOBILECENTRIC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any MobileCentric Service, or to any products or services sold or distributed by MobileCentric or through YourBest.Store or other MobileCentric services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. International Arbitration Act and arbitration laws apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address. The arbitration will be conducted by an Arbitration Association (AA) under its rules, including the Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the arbitrators’ rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, MobileCentric will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any MobileCentric Service, you agree that the International Arbitration rules without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MobileCentric LLC.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of MobileCentric Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
MobileCentric LLC
20th Floor, Central Tower
28 Queens Road, Central
Hong Kong
ADDITIONAL MOBILECENTRIC SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with MobileCentric Services (the “MobileCentric Software”).
- Use of the MobileCentric Software.You may use MobileCentric Software solely for purposes of enabling you to use the MobileCentric Services as provided by MobileCentric, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the MobileCentric Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the MobileCentric Software in whole or in part. All software used in any MobileCentric Service is the property of MobileCentric or its software suppliers and is protected by United States and international copyright laws.
- Use of Third Party Services.When you use the MobileCentric Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
- No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the MobileCentric Software, whether in whole or in part.
- We may offer automatic or manual updates to the MobileCentric Software at any time and without notice to you.
- Government End Users.If you are a U.S. Government end user, we are licensing the MobileCentric Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the MobileCentric Software are the same as the rights we grant to all others under these Conditions of Use.
- In the event of any conflict between these Conditions of Use and any other MobileCentric or third-party terms applicable to any portion of MobileCentric Software, such as open-source license terms, such other terms will control as to that portion of the MobileCentric Software and to the extent of the conflict.
How to Serve a Subpoena
If you have a subpoena to serve on MobileCentric, please note that MobileCentric does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on MobileCentric LLC, preferably by mailing the subpoena to Corporation office or MobileCentric’s registered agent. Please find below the Corporation Office:
MobileCentric LLC.
Corporation Service Company
20th Floor, Central Tower
28th Queens Road, Central
Hong Kong
Attn: Company Secretary – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for MobileCentric devices; and IP address and complete time stamps.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint via email with information about whether you are the Rights Owner or Agent, your Primary complain, the Specific concern, the Name of Brand and additional Information that will help understand the claim. You will need to as well include specific Copyright numbers and or product URL, your full name and contact details as well as e-mail address.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
MobileCentric’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
TechNE
e-mail: copyright@technehub.com
Courier Address:
Adenta Down, Accra, Ghana
Please note that this procedure is exclusively for notifying MobileCentric that your copyrighted material has been infringed.