Terms of service

OVERVIEW
Welcome to Mobiustream! The terms “we”, “us” and “our” refer to Mobiustream. Mobiustream operates this store and website, including all related information, content, features, tools, products and services, to offer you, the customer, a curated shopping experience (the “Services”). Mobiustream is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with all policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover matters such as disclaimers of warranties and limitations of liability.
By visiting, using or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence and have given us your consent to allow your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing the products and services we
offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping details. You represent that all information you provide in our stores is accurate, current and complete, and that you have all rights necessary to provide that information.
You are solely responsible for keeping your login credentials secure and for all activities on your account. You may not transfer, sell, assign or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to present our products and services accurately in our online stores. However, please note that product colours or appearance may differ from what is shown on your screen, depending on the type of device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the images or representations in our online stores.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit, on a case-by-case basis, the quantities of products offered to any person, geographic region or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Mobiustream reserves the right to accept or decline your order at its discretion for any reason. Your order is not accepted until Mobiustream confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Mobiustream may not be able to accommodate cancellation requests after acceptance. If we do not accept, change or cancel an order, we will try to notify you using the email address, billing address and/or telephone number provided when you placed the order.
Returns or exchanges of your purchases are governed exclusively by the provisions of our Right of Withdrawal [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price charged for a product or service is the price in effect when the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping charges, handling fees, customs duties or import charges.
Prices listed in our online stores may differ from prices in our physical stores or in online and other stores operated by third parties. From time to time we may offer promotions in connection with our Services that affect pricing and are governed by separate terms and conditions. If a promotion’s terms conflict with these Terms, the promotion’s terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you when needed.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) your credit card company will honour the charges you incur, and (iv) you will pay the charges you incur at the listed prices, including shipping and handling fees and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. Once we hand the goods to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including without limitation all trade names, trademarks, text, advertisements, images, graphics, product reviews, video and audio files, and their design, selection and arrangement, are owned by Mobiustream, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any materials on the Services. Unless expressly provided herein, nothing in these Terms grants or may be construed as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of Mobiustream, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Mobiustream.
Mobiustream’s names, logos, product and service names, designs and slogans are trademarks of Mobiustream, its affiliates or licensors. You may not use these trademarks without Mobiustream’s prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools provided by third parties. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We accept no liability for any damage arising from or relating to the use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. You should therefore familiarise yourself with and accept the terms of use of the relevant third-party tools.
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms and Conditions.
SECTION 8 – EXTERNAL LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for damage related to your access to external websites or your purchase or use of products, services, resources or content on external websites. Please review the third party’s policies and practices carefully and ensure you understand them before making any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO THE MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
Mobiustream is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are directly with Mobiustream. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Mobiustream, including any injury, damage or loss arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Mobiustream.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these Privacy Policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services is transmitted and shared with Shopify and third parties, which may be located in a country other than your country of residence, in order to provide services to you. For more information about how we, Shopify and our partners use your personal data, please see our Privacy Policy [LINK] .
SECTION 11 – FEEDBACK
If you send, upload, post, email or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any media for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms and Conditions.
You further represent that: (i) you own or hold all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and will remain under no obligation to (1) keep your Feedback confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obliged to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property or these Terms and Conditions.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene statements, or computer viruses or other malware that could in any way affect the operation of the Services or a related website. You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders at any time without notice if any information is inaccurate, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or those of third parties; (d) to harass, abuse, insult, harm, libel, defame, disparage, intimidate or injure our employees or other persons; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited messages; (h) to impersonate or attempt to impersonate another individual or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, in our assessment, could harm Mobiustream, Shopify or users of the Services or expose them to liability.
You also agree not to: (a) upload or transmit viruses or other malicious code used or potentially usable in a way that impairs the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit parts of the Services; (c) collect or track others’ personal data; (d) abuse the Services through spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping tools, data collection and extraction tools, automatic devices or processes, AI tools (e.g. agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent or manipulate security or authorisation features, the robot exclusion header or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies when you use, permit, enable or cause an Agent to access, use or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of an individual or entity and can run on a person’s behalf or using their device without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in Section 14.4 below. Furthermore, no Agent may access, use or interact with any Service if we have instructed it to cease such access, use or interaction.
14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents: (i) must state in all HTTP/HTTPS requests that the request comes from an Agent and disclose the Agent’s name by including “Agent/[Agentenname]” in the request’s User-Agent string; (ii) must not hide or obscure the fact that access, use or interaction originates from an Agent, for example by (a) mimicking human behaviours and interaction patterns or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) must respond truthfully to questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid measures intended to prevent, restrict, modify or control whether and how Agents access, use or interact with Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information provided on or through the Services is for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance on such information is entirely at your own risk. We disclaim all liability and responsibility arising from reliance on such materials by you, other visitors to the Services or third parties who become aware of their contents.
UNLESS EXPRESSLY STATED BY [HÄNDLER], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [HÄNDLER], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER CLAIMED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE ARISING FROM USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mobiustream, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable lawyers’ fees, payable to third parties due to or in connection with (1) your breach of these Terms and Conditions or documents incorporated by reference; (2) your violation of applicable law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that delayed notice will not release you from your obligations unless you are materially prejudiced by it. We may control the defence and settlement of such a claim at your expense, including the choice of lawyer, but will not settle a claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, it will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms and Conditions. Such a finding will not affect the validity or enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
These Terms and Conditions, together with any policies or operating rules we publish on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written, including previous versions of the Terms and Conditions.
Any ambiguity in interpreting these Terms and Conditions must not be construed against the party that drafted this document.
SECTION 21 – ASSIGNMENT
You may not delegate, assign or transfer this agreement or your rights and obligations under these Terms without our prior written consent; any such attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide Services to you are subject to, and must be interpreted in accordance with, the jurisdiction of the federal and state or territorial courts where Mobiustream is headquartered. You and Mobiustream consent to the venue and personal jurisdiction of those courts.
SECTION 23 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our discretion, to update, change or replace parts of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms and Conditions are posted constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Please send questions about the Terms and Conditions to support@mobiustream.com.
Our contact details are listed below:
support@mobiustream.com