Acceptance of Terms
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE ALL DISPUTES ARISING BETWEEN YOU AND MOBY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND YOU AND MOBY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
MOBY may change, suspend or discontinue this website (or any feature thereof) at any time. MOBY may also impose limits on certain features and services offered on this website or restrict your access to parts or all of the website without notice or liability. You acknowledge that from time to time the website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which MOBY may undertake from time to time; or (iii) causes beyond the control of MOBY or which are not reasonably foreseeable by MOBY.
This website has been prepared solely for the purpose of providing information about MOBY and the services and products MOBY and its Affiliated Companies offer. This website has been compiled in good faith by MOBY. However, no representation is made as to the completeness or accuracy of the information on this website. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. The reports filed and information presented on this website by MOBY speak only as of date of the respective report or reporting period indicated on the respective report MOBY makes no commitment, and disclaims any duty, to update any of those reports to reflect subsequent events or circumstances except as required by law. MOBY reserves the right to add, modify or delete any information on this website at any time.
Content on this Website
This website and the content and materials contained on this website (collectively, "Content") are protected by copyrights, patents, trade secrets or other intellectual property and proprietary rights under the laws of the Islamic Republic of Afghanistan and other countries. MOBY respects the intellectual property rights of others and asks users of this website to do the same.
Notice and Procedure for Making Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any Content on this website infringes your copyright, you may submit a notification pursuant to Afghan Law on Protecting the Rights of Author, Writer, Artist and Researcher (Copyright) by providing our Designated Agent (as set forth below) with the following information in writing:
- Your physical or electronic signature or the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this website are covered by a single notification, a representative list of such works on this website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
MOBY Group Afghanistan
Attn: Legal Department
House #3, Street #12, Wazir Akbar Khan, Kabul, Afghanistan
P.O. Box: 225
Email Address of Designated Agent: [email protected].
MOBY reserves the right to remove any Content that infringes the copyright of any person under the laws of Afghanistan upon receipt of a notice as set forth above. The MOBY has a policy of terminating repeat infringers’ access to our websites in appropriate circumstances.
For clarity, only notices of claims for alleged copyright infringement should be sent to the Designated Agent.
Violation of the Term of Use
MOBY reserves the right, at all time, to disclose and make available any information we have about you (including your identity) if such disclosure is for complying with applicable law, regulation or legal processes, is requested by any other authoritative government agency, is ordered by a court of competent jurisdiction, or is necessary for any investigation or complaint regarding your use of the website, or the disclosure is essential to identify, contact or bring legal action against someone who may be intentionally or unintentionally infringing MOBY’s rights and property by causing injury to or interfering therewith or with the rights or property of other users of the website. MOBY will also disclose and exchange the information with other companies and organizations to protect against fraud.
External Links and Services
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS CONTAINED OR USED IN THE OPERATION OF THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING, AS WELL AS ANY GUARANTY OR ASSURANCE THE WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THIS WEBSITE, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH ITS USE, ATTENDANCE AT A MOBY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THIS WEBSITE, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. Without limiting the foregoing, MOBY is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of this website. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE MOBY SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF MOBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT MOBY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF MOBY’S ACTS OR OMISSIONS OR YOUR USE OF THIS WEBSITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THIS WEBSITE
2 - All domestic disputes between MOBY and any other Afghan national (“Domestic Disputes”) shall be finally resolved through domestic arbitration, and all disputes of international nature between MOBY and any other non-Afghan (“International Disputes”) shall be resolved through international arbitration as outlined below. Regardless whether the dispute is a domestic or international, the substantive law shall be the laws of the Islamic Republic of Afghanistan.
Any domestic arbitration between you and MOBY shall be conducted by the Afghan Center for Dispute Resolution (“ACDR”) pursuant to the Afghan Law of Commercial Arbitration (the “Domestic Rules”). The venue of arbitration shall be Kabul, Afghanistan. The Arbitration shall be conducted by a single neutral arbitrator; and if you and MOBY cannot agree on who that single arbitrator will be, the arbitrator shall be appointed by ACDR pursuant to the Rules. This Arbitration Agreement shall survive termination of this Agreement. The Afghan Law on Commercial Arbitration may be found at http://www.wipo.int/edocs/lexdocs/laws/en/af/af027en.pdf.
All International Disputes between you and MOBY shall be submitted to the Dubai International Arbitration Center (“DIAC”) pursuant to DIAC Arbitration Rules 2007 (the “International Rules”). The venue for arbitration shall be Dubai, UAE. The language of arbitration shall be English. The Arbitration shall be conducted by a single neutral arbitrator; and if you and MOBY cannot agree on who that single arbitrator will be, the arbitrator shall be appointed by the institution pursuant to the Rules. This Arbitration Agreement shall survive termination of this Agreement. The DIAC Arbitration Rules may be found at http://www.diac.ae/idias/rules/.
3 - If either you or MOBY wants to arbitrate a claim, you or MOBY must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the website or portion of the website to which the Notice relates, and the relief requested. Your Notice to MOBY must be sent by mail to MOBY’s head office at Street #12, Wazir Akbar Khan, Kabul, Afghanistan. MOBY will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
4 - You and MOBY acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND MOBY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (c) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 7 below.
5 - Filing fees or other charges shall be payable in line with the procedural rules of this arbitration agreement.
6 - Regardless of how the arbitration proceeds, each of you and MOBY shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the procedural rules of this arbitration agreement, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
7 - Each of you and MOBY may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.
8 - The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order MOBY to pay any monies to or take any actions with respect to persons other than you, unless MOBY explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order Further, unless MOBY expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
9 - You and MOBY agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
10 - Except for subpart (a) in paragraph (4) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (4) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against MOBY must be pursued, the choice of governing law, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
You agree that any notices MOBY may be required by applicable law to send to you will be effective upon MOBY’s sending an e-mail message to the e-mail address you have on file with MOBY or publishing such notices on the informational page(s) of this website.
MOBY reserves the right to modify or discontinue, temporarily or permanently, all or any part of this website and/or any Content, software, functions, and services on this website, with or without notice, and/or to establish general guidelines and limitations on their use.
MOBY is based Afghanistan and this website is hosted in Afghanistan. If you use this website from a jurisdiction other than Afghanistan, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to such use.