Terms of Service

  • Terms

    These terms of service ("Terms") set out the terms and conditions for your use of the Moka Services offered by Moka. The person or organization entering into these Terms as a user of the Moka Services, together with all individual users accessing the Moka Services on that person's behalf (together, "you" or "Users") accept and agree to be bound by these Terms.

    Moka grants you a limited, non-exclusive, non-transferable, revocable license to use the Moka Services (subject to your account type) in accordance with these Terms.

    In these Terms, "Moka Services" means Moka's point of sale and any features, technologies or functionality provided by those products or services, including the Moka POS iOS applications ("Apps") and mokapos.com ("Website"). If you do not agree to any of these Terms, then you should not use the Moka Services. All rights not expressly granted to Users in these Terms are reserved by Moka.

  • Amendments

    We may change these Terms from time to time, and will endeavor to notify you of such changes via email or by displaying a message when you next use the Moka Services. If you continue to use the Moka Services, your use will be governed by the updated Terms.

    From time to time, we may add, make changes to or remove altogether features or functionality of the Moka Services. If you're using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Moka Services at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any Moka Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Moka Services, or the Apps or any version of them.

    In these Terms, "Moka Services" means Moka's point of sale and any features, technologies or functionality provided by those products or services, including the Moka POS iOS applications ("Apps") and mokapos.com ("Website"). If you do not agree to any of these Terms, then you should not use the Moka Services. All rights not expressly granted to Users in these Terms are reserved by Moka.

  • Account information

    You must be 18 years or older in order to access and use the Moka Services.You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete.

  • Cancellation of accounts

    We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Moka Services.

    You are entitled to cancel your account with Moka at any time. You may cancel your account by following the prompts when you are logged into your account through the Apps or the Website. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).

    If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

  • Fees and Taxes

    The subscription fees charged for use of the Moka Services are set out on the Website ("Fees") and are subject to change. We will endeavor to notify you (by email or by displaying a message when you next use the Moka Services) at least 30 days before changing the Fees. Fees are non-refundable, including if you only use part of a month or year's subscription for the Moka Services. Unless required by law, we will not provide refunds in connection with the Moka Services.

    If you are carrying out a free trial of the Moka Services (as offered on the Website or the Apps), the free trial will begin on the day that your account is opened and end 30 days later. If you wish to continue to use the Moka Services at the end of the free trial period, you will need to pay the Fees.

    All Fees are exclusive of taxes, and you indemnify and hold Moka harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.

  • You may cancel your account at any time

    You may cancel your account at any time by requesting a cancellation by calling or emailing the Moka Customer Support.

    The cancellation will become effective immediately. If you cancel your account, no refunds will be paid in respect of any unused portion of any higher account offering.

    When you cancel your account, Moka will keep your data for one year to provide a better service if you decide to continue using the Moka Services in the future. If you do not resume service within a year, Moka has the right to remove your account from our system.

  • Moka Services are provided "as is"

    The Moka Services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Moka Services.

    We do not warrant that: (a) the Moka Services will meet your specific requirements; (b) the Moka Services will be uninterrupted, timely, secure, or error-free; (c) the Moka Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Moka Services will meet your expectations; or (e) any errors in the Moka Services will be corrected.

    You acknowledge that Moka may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the Moka Services. The acts and omissions of those third party suppliers may be outside of Moka's control, and Moka does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

    On behalf of itself and such third party suppliers, Moka excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

  • Our liability is limited

    To the maximum extent permitted by law, Moka shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if Moka has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and services; (c) unauthorised access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding the Moka Services; or (e) any other matter relating to the Moka Services.

    In any case, Moka's maximum aggregate liability under or in connection with these Terms or your use of the Moka Services is limited to the amount of Fees paid by you in the past 12 months.

  • You are responsible for your use of the Moka Service and you indemnify us

    You are responsible for all activity that results from the use of the Moka Services through your account. You are responsible for maintaining the security of your account and password. Moka will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.

    You indemnify Moka against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Moka may incur or suffer as a result of use of the Moka Services through your account or as a result of your failure to comply with these Terms.

  • No malicious or illegal use

    You must not: (a) use the Moka Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Moka Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Moka Services; (d) use the Moka Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Moka Services or our systems or attempt to decipher any transmissions to or from the servers running any Moka Services; (f) disclose or distribute information relating to another User of the Moka Services to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register User logins via bots or other automated methods.

  • Reasonable use policy

    You agree to use the Moka Services in a reasonable way. If we determine that your use of the Moka Services is not reasonable or that your use is causing degraded performance of the Moka Services for you or for other Users, we may impose limits on your use of the Moka Services. Where possible, we will endeavor to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.

  • Intellectual property

    You agree that Moka owns all of the intellectual property rights existing in the Moka Services. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use Moka's brand, branding or logos except with Moka's prior written consent.

    You grant Moka a royalty-free, irrevocable, perpetual license to use (including for commercial purposes) information and/or data collected by Moka through your use of the Moka Services, provided that we aggregate or anonymize that information or data before using it. Other than this right, Moka claims no intellectual property rights in relation to the information or content you input into the Moka Services.

    You may provide us with comments, feedback or suggestions on Moka Services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.

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