You agree to hold Tunisia Mobile Notary, their employees, contractors and agents harmless. By proceeding with payment you confirm you have read and expressly agreed to our Terms of Service (“TOS”) including, but not limited to service fees, cancellation policy, etc.
TERMS OF SERVICE (“TOS”) AGREEMENT
Please read the following terms of service agreement carefully. By accessing or using our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the customer, purchaser(s), card holder and/or agents or prospective customer, to read the terms and conditions before proceeding to use this site. If you do not EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, then please do not access or use our sites or our services.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with you, the customer, purchaser(s), card holder and/or agents and others which may interact or interface with Tunisia Mobile Notary; Your Local Notary; Send Me A Notary; @ our office in New Jersey, in association with the use of Tunisia Mobile Notary and its services, which shall be defined below.
DESCRIPTION OF SERVICES OFFERED
The services offered consist of arranging for mobile notary and/or various ancillary services at a flat fee which you, the purchaser(s), card holder and/or agents select as an initial quote and if you select to proceed to process payment as your final invoice online or by phone, you agree to contract and authorize the services of Tunisia Mobile Notary to immediately engage its automated online system and propitiatory resources to immediately acquire and contract the services of a 3rd party independent contractor notary public, courier, process server, or other agent to be provided to the customer’s choice of location through an online booking or by phone which constitute delivery of services as agreed. Services are deemed rendered before and without the participation or completion of the services of a 3rd party independent contractor notary public, courier, process server, or other agents provided.
A replacement 3rd party independent contractor notary public, courier, process server, or other agent will be provided at a time to be rescheduled in the event the 3rd party independent contractor notary public, courier, process server, or other agent initially scheduled to appear fails to do so, but no refunds will be provided. All 3rd party independent contractor notary public, courier, process server, or other agent notaries are independent contractors and not employees of Tunisia Mobile Notary.
Tunisia Mobile Notary will not control or be responsible or be held liable for delivery of documents, scans, shipments, deliveries, etc due to certain requests and working with a 3rd parties. Any documents provided will be forwarded to the notary public or other parties as a courtesy, but it is the responsibility of the purchaser(s), card holder and/or their agents to provide all relevant documents to the signing or service location including shipping labels with tracking numbers to track files to their own satisfaction and to ensure their shipment and appointment has been completed.
Any and all visitors to www.tunisiamobilenotary.com shall be deemed as “users” interchangeably as customers, purchaser(s), card holder and/or agents of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Tunisia Mobile Notary at its discretion, Tunisia Mobile Notary may offer additional Services and/or products, or update, modify, or revise any current content and Services. This Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. Tunisia Mobile Notary does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at any time without notice. You, the user, customer, purchaser(s), card holder and/or agents and others, as the end user, acknowledge, accept, and agree that Tunisia Mobile Notary shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.
DISPUTE RESOLUTION
Purchaser(s), card holder and/or agents thereof acknowledge that all mobile services including but not limited to notary sourcing services have been satisfactorily rendered as agreed and confirmed by authorizing payment to be processed. Purchaser agrees that claiming or posting any information to the contrary on or to any public or private forum will be considered an intentional tortious interference and malicious slander. Purchaser(s), card holder and/or agents expressly request that any public or private forum posting be immediately removed from any and all review platforms and social media including but not limited to Google, Facebook, Yelp, Instagram, Twitter, Better Business Bureau, Angies’ List, Yellow Pages as to the agreed and accepted terms of services.
INDEMNITY
All customers and users herein agree that all servicers provided by Tunisia Mobile Notary are 3rd party independent contractors and not employees of Tunisia Mobile Notary.
All customers and users herein further agree to hold Tunisia Mobile Notary, any subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless and/or not liable for any claim or demand arising out of the use of Tunisia Mobile Notary’ services. All customers and users herein further agree that any servicers provided by Tunisia Mobile Notary to the customer or user are independent third parties which are independently liable for any acts or omissions which result in any damages to customer, purchaser(s), card holder, agents or users.
LINKS
Tunisia Mobile Notary may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources.
Furthermore, you acknowledge and agree that Tunisia Mobile Notary shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or Services made available on or through any such site or resource.
CANCELATION POLICY
All fees payable to Tunisia Mobile Notary are due at time of proceeding with final payment whether online or by phone. If you place a phone order or book online with our agency and request to cancel appointment for any reason after payment remitted there will be no refunds.
If the 3rd party servicer is in transit, or arrives to the appointment location and appointment does not occur for any reasons whatsoever there will be no refunds back to the customer, purchaser(s), card holder and/or agents.
WARRANTY DISCLAIMERS
You herein expressly acknowledge and agree that:
The use of notary services through Tunisia Mobile Notary and its websites, www.tunisiamobilenotary.com, are at the sole risk by you. Our services shall be provided on an “as is” and/or “as available” basis. Tunisia Mobile Notary and any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
PRIVACY POLICY
All of the client information provided to Tunisia Mobile Notary will be treated with privacy and confidentiality. All stored information will only be disclosed according to the signed agreement between the company and the client and in compliance with government-set and merchant services privacy regulations. With the client’s consent, the entities which we can share our stored information with include business partners, third-party business lines, and applicable body to the court, central government units, and other bodies allowed by law. We do not sell or trade our client’s personal data to any third party.
LIMITATION OF LIABILITY
You explicitly acknowledge, understand, and agree that Tunisia Mobile Notary and any of its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you or your agents for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which May be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we May have been advised of such possibility that said damages May occur, which are alleged to have arisen out of the use of its services.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
TRADEMARK INFORMATION
You herein acknowledge, understand, and agree that all of the Tunisia Mobile Notary’ trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Tunisia Mobile Notary.
You herein agree not to display and/or use in any manner any logo or marks without obtaining Tunisia Mobile Notary’ prior written consent.
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Tunisia Mobile Notary and shall govern the use of our Services.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Tunisia Mobile Notary with regard to the TOS that the relationship between the parties shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Tunisia Mobile Notary, shall be filed within the courts having jurisdiction within the County of Hamilton, State of New Jersey or in any United States District Court in New Jersey.
You and Tunisia Mobile Notary agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Tunisia Mobile Notary fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision.
If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.