(We strongly advise you to print off a copy of these terms and conditions for future reference.)
Our site is operated by MM Technology Ltd.
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
After placing an order and making payment, you will receive an e-mail acknowledging receipt of your order and confirming that your payment has been processed.
We may provide links on our site to the websites of other organizations, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
We aim to send you our order-acceptance e-mail as soon as possible after your payment has been processed. We will also permit you to activate your MobileMinder application as soon as we verify that your payment has been authorized.
You will receive emails from us for a period of one week explaining the service to you in a tutorial style manner.
In Europe the VAT-exclusive price of the Mobile Minder application will be as quoted on our site from time to time, except in cases of obvious error. If there is a pricing error which is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we are under no obligation to provide our service to you at the incorrect (lower) price, even after we have sent you our order-acceptance e-mail. Payment for all items must be by paypal. Please note that the price of 10 cents a day applies to our yearly rate only. Please note that the price of 10 cents a day applies to our yearly rate only and the price is subject to local VAT or sales tax where applicable. All sales are final there are no refunds.
Please note that the Family Plan will cover your first 5 devices. Any device added to the system after this point will incur additional costs.
Our liability for losses you suffer is strictly limited to the purchase price you have paid to activate the MobileMinder application. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to loss of income, revenue or anticipated savings. Our liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in Ireland. Where you buy any item from a third party seller through our site,the seller's individual liability will be set out in the seller's terms and conditions and we accept no liability with regard to any purchase you make from any third party seller through our site.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to MM Technology Ltd at email@example.com. We may give notice to you at the e-mail you provide to us when placing an order or by posting notices on our site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or 3 days after the date of posting any letter.
Events outside Our Control
We will not be responsible for failure to perform or delay in performance of any of our obligations this agreement which is caused directly or indirectly by events beyond our reasonable control.
The Gallery feature is dependent on the images being stored on the phones native camera folder and not an external image folder and thus we will not be held responsible for any images which belong to such folders. Similarly the flagged messages feature is dependent on the messages being sent or received through the phone's native SMS service and not through an exterior messaging service and we will not be held responsible for messages sent or received through that exterior service.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver shall be valid unless it is given to you in writing by a duly authorised representative of mm Technology Limited and no waiver of any default by you shall constitute a waiver of any subsequent default. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. We intend to rely solely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
Modifying these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you activate MobileMinder on our site unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you our e-mail confirming acceptance of your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us in writing to the contrary within seven working days of receipt by you of our order acceptance e-mail).
Law and Jurisdiction
Any dispute arising from, or related to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Ireland.
Upon a request by us, you agree to defend, indemnify, and hold us and the other MobileMinder Parties harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Disclaimer of Warranties
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the Service is provided 'AS IS' and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.