Terms & Conditions

These are the terms and conditions ("T&C's") for the Mobyko.com website (the "Site"). The Site belongs to Mobyko Limited ("Mobyko", "we" or "us"). It is important to remember that by using the Site and any of the products or services available via the Site you agree to be bound by these T&C's so do try and have a quick look at what we've written. If you do not wish to be bound by the T&C's you should not access or use the Site. We've done our bit and tried to make them as short and easy to read as possible.

Here's what we'll be talking about

  • The free service, the premium service and paid-for services (the "Services")
  • What we ask of you in return
  • Why you need to stick to this
  • All about copyright and trade marks
  • Disclaimer
  • Linking up
  • Let's hope it never happens, but...
  • Keeping up to date
  • General

The Free Service

We offer all members the ability to safely back up, store, and manage their mobile phone address book online (the "Basic Service"). We also offer the facility to safely store (up to a certain limit) and manage uploaded photos and videos and texts. You can share photos and videos (if you choose) with selected friends.

Remember that when you upload your personal videos, photos or text content to the Site by SMS/MMS you may incur charges from your network provider. These costs vary by network and are dependent on the plan you have chosen. For details, please contact your network provider.

While it is our intention to keep the basic service free we cannot guarantee this will always be the case. If we start to charge for this service, you will no longer be entitled to use it for free and we will notify you at least 30 days in advance by:

  • placing a notice prominently on the Site; and/or
  • sending you a personal text or email message.

The premium service

We offer an annual subscription to our Premium service, which gives subscribers 100 text messages, a higher storage limit for personal content and a priority customer help line (the "Premium Service").

The subscription to our Premium Service is for 12 months from the date that your subscription commences.

Premium Service subscriptions are only offered on a fully pre-paid basis and no refunds will be given against cancelled subscriptions other than in exceptional circumstances and at our absolute discretion. All refund queries must be either emailed to help@mobyko.com or sent to Mobyko, 27 Beak Street, London, W1F 9RU, UK.

We may modify or discontinue our services or your account with us, with or without notice, without liability to you. Your statutory rights are not affected.

On termination of the Services your right to use the Services immediately ceases and we shall then have no obligation to maintain any content or data in your account or to forward any unread or unsent messages to you or any third party.

We will send you reminders to renew your subscription as the subscription period approaches completion. We will not attempt to automatically bill you for repeat annual subscriptions.

Paid for services

Mobyko offers the facility to purchase additional credits to let you send text messages via the Site and you may also purchase extra storage. You will be credited with the texts and or storage purchased when your payment has been accepted by our payment service (WorldPay).

What we ask of you in return

When using the Site you agree:

  • to use the Site entirely at your own risk at all times
  • not to do anything which will or might damage, interfere with, disrupt access to, interrupt
    or impair the functionality or the material available on the Site

  • to be entirely responsible for and keep secret any password used by you. You should
    change your password if you believe it's no longer secret

  • not to post, distribute or otherwise upload any defamatory, offensive, infringing, obscene,
    indecent or otherwise unlawful or objectionable material or information or send any chain

    letters, junk mail, 'spamming' material or any other form of bulk communication

  • not to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others,
    including individuals' privacy rights

  • to supply only truthful and non-misleading information at the time of registration and
    at any other time we ask you for information

  • not to obtain or attempt to obtain unauthorised access to the Site or any private or
    member account areas on the Site

  • not do or cause or permit to be done anything that may infringe, damage or interfere
    with any of our intellectual property rights or those of our associated companies or third

    parties. You also agree not to do anything that is unlawful or which may cause any liability

    for us

  • to ensure that it is legal for you to view and use the Site from wherever you do this.
    You are responsible for complying with all laws of the relevant jurisdiction in uploading,

    sharing, downloading, viewing or using Content

  • to keep us and our officers, employees and licensors fully indemnified on demand at all
    times in respect of any loss, damage or liability that we or they may suffer as a result,

    directly or indirectly, of any breach by you of these T&C's.

Why you need to stick to these T&C's

If there is a change in the law or any regulation limiting our ability to provide the Site or the Service, or if we consider that you have breached any of these T&C's or otherwise behaved inappropriately when using the Site or any service on the Site we reserve the right to:

  • delete any material or content which you may have posted without notice to you;
  • close your Mobyko account(s), and/or delete any information you may have stored; and
  • take measures (including terminating, suspending or restricting your access) to prevent
    you from using the Site.

Payment for service

We'll debit your card when we receive your order. In the unlikely event that we are unable to supply the service to you, we'll let you know and refund the card.

If you subscribe to our Premium Service we will send you an email to confirm payment and the set up of the subscription.

As part of the payment process, you will be required to enter into a separate agreement with our payment processor (WorldPay). This will be between you and WorldPay and you agree to use the service in accordance with any instructions WorldPay gives you.

All prices displayed on the Site include UK VAT.

You warrant to us that the details you provide while using the Site are correct and that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of all the products and services that you attempt to purchase with that card.

By registering with us, you agree to pay on time any fees, tariffs or other charges for subscriptions, text bundles and any other chargeable product.

We reserve the right to cancel any order on the rare occurrence that, acting reasonably, we suspect any type of fraudulent activity.

We reserve the right, at our sole discretion, to change, modify, add or delete our service(s) at any time. This includes pricing of any paid-for services or products that we offer.

All about copyright and trade marks

The Mobyko name and logos belong to us and may not be used without our written permission.

Also, all copyright, trade mark rights, database rights, patent rights and any other intellectual property rights in text, graphics, audio, video or image files, content, software, data and information displayed on, or available from the Site belong to or are licensed by us. This includes the organisation and layout of the site and the underlying software owned by us or our licensors and suppliers. You agree that all these materials are available for your personal use only, and you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any such materials without our written permission except for the sole purpose of viewing the Site's content. This includes electronic reproduction by uploading or downloading. For the avoidance of doubt, anything printed will form part of the content of the Site. Mobyko is a registered trade mark of Mobyko Ltd - CTM 004989489

Disclaimer of liability

The Site and the Services are provided 'as is'. We explicitly disclaim all warranties of any kind, whether stated or implied. Your statutory rights are not affected.

It's important to note that using the Internet has its dangers. We take reasonable steps to ensure a fast, reliable and secure service, but we can't be held responsible for any damage, loss or corruption of any data, information or material or viruses that may infect your computer equipment or other property.

We are not responsible for any loss, claim or damage including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information or any indirect, incidental or consequential damages of any kind which arise out of or are in any way connected with your use or misuse of the Site even if we have been advised of the possibility of damage. Your use of the Site includes your use of information, products or services obtained through the Site.

Nothing in these T&C's excludes or limits our liability to you for death or personal injury arising from our own negligence.

From time to time we may need to maintain the software and other equipment that runs the Site. During these times you may not be able to access the Site or things may be a bit slower than normal. If this happens please take a short break and try again later.

Unless specifically stated otherwise, we are not liable for information on the Site and we make no warranty in respect of its timeliness, accuracy or availability.

We are not responsible for the compatibility of the Site with your phone, computer system, software and/or hardware.

We make no promises of any kind about the suitability, reliability, timeliness, and accuracy of the services offered on this Site for any purpose.

If you are dissatisfied with any part of the Site, or with any of these T&C's, your sole remedy, except as specifically provided in these T&C's, is to stop using the Site.

Linking up

We may provide links to other websites which we hope you will find useful. If you use these links to access other websites, you will be leaving the Mobyko Site. We won't be responsible or liable for the content, advertising or products or services available from such sites or, for any dealings that you may have, or the consequences of such dealings, with the operators of those websites. Should a dispute arise between you and any third party, we might be able to help you resolve it, but we can't be responsible for any loss or damage.

Some other sites may contain content that is inappropriate for younger visitors. Where a site indicates that content is suitable only for those of a certain age, visitors below that age are encouraged not to link to and are not welcome to visit such sites or areas of such sites.

The Site may contain advertisements. We are not responsible for and do not endorse the content of such advertisements, and do not accept any responsibility for any errors or inaccuracies in advertising material.

Let's hope it never happens, but...

In case of force majeure, bankruptcy, liquidation or similar events we reserve the right to close the Site and the Service at any time, temporarily or permanently.

Keeping up to date

These T&C's may be amended, updated or modified by us from time to time, so it's a good idea to keep checking back here to stay up to date. You agree to remain bound at all times by these T&C's as amended, updated or modified in connection with your use of the Site or the Service.

From time to time you may be asked to register your details with us in order to receive products or services or to enter competitions. When you do, additional terms and conditions will apply.

General

We reserve the right to monitor and track your visits to the Site.

Our use of your personal details is subject to our Privacy Policy.

A failure or delay by us in enforcing compliance with these T&C's shall not be a waiver of that or any other provision of these T&C's.

None of these T&C's shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These T&C's constitute the entire agreement between you and us as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.

The express provisions of these T&C's are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

All notices to be given by us to you in connection with these T&C's shall be sufficiently given when forwarded by email addressed to you at the email address you have given us.

English law governs these T&C's. You agree to submit to the non-exclusive jurisdiction of the English courts.

Last updated: 20th October 2008

Amazon.co.uk Christmas prize draw

£50 Amazon.co.uk gift voucher and 10 bundles of 20 free texts. Prize Draw Terms and Conditions:

1. The Promoters are Mobyko Ltd, Registered in England No 5625821 Registered Office 27 Beak St, London W1F 9RU.

2. The promotional period will run from 9.00 am 5th December 2008 to Midnight 14th December 2008. After that time, one Registered Mobyko member who uploaded at least one text, photo or video to their Mobyko gallery during the time stated, will be randomly selected to win the £50 Amazon.co.uk gift voucher or one of 10 bundles of 20 free texts.

3. This prize draw is open to UK registered Mobyko customers only and excludes Mobyko employees.

4. Registered Mobyko members may upload as many texts, photos or videos as they like during the above period, but will only be entered into the prize draw once.

5. Winners will be notified by e-mail by the 16th December 2007. If we do not receive a response from you within 2 days of notification, using the contact details we hold for you in your Mobyko account, you will no longer be eligible for a prize and we will offer the prize to a runner up. Sign in to your account to update your contact details.

6. Mobyko’s decisions regarding all aspects of this competition including, without limitation, decisions regarding the eligibility of entries, the conduct of the competition, the operation of the prize draw, the interpretation of these Terms and Conditions and the allocation of the prize, are final. No correspondence will be entered into.

7. Publicity: The prizewinner(s) consent to their names, photographs and likenesses being recorded, reproduced, published, copied, communicated and otherwise used by the Promoters for advertising, publicity and promotional purposes in any television programme, video recording, or printed or electronic materials throughout the world, in perpetuity, and without the need for any compensation other than the prize.

8. The Promoters reserve the right to withdraw or amend without notice this promotion in the event of any unforeseen circumstances outside their reasonable control.

9. The Promoters also reserve the right to terminate or temporarily suspend without notice this promotion in the event of technical or other difficulties that might compromise its integrity.

10. Prizes are non-transferable and there is no cash alternative to the stated offer.

11. Entrants agree to be bound by the terms and conditions of this promotion.

12. Please retain these terms and conditions for your reference.

Prize Details:

The prize consists of either 1 x £50 Amazon.co.uk gift voucher OR 1 x bundle of 20 Mobyko texts to send from your computer.

Shipping:

The Amazon.co.uk voucher will be sent to the winning registered user by email.

Texts will be credited to the winning registered users accounts within 3 working days of the date of the end of the promotion.

Amazon.co.uk gift voucher terms of use:

These conditions apply to gift certificates which have a claim code with a 14 digit combination of letters and numbers (Different conditions apply to promotional gift certificates which have a claim code with a 16 digit combination of letters and numbers).

1. Gift certificates must be redeemed at our website, towards the purchase of products listed in Amazon.co.uk's online catalogue sold by Amazon.co.uk and Amazon's Preferred Merchant, Indigostarfish.com. They cannot be redeemed at Amazon.com, Amazon.de, Amazon.fr, Amazon.ca, Amazon.co.jp or on Amazon.co.uk's Marketplace or at any of Amazon.co.uk's Trusted Partner sites.

2. The gift certificate cannot be used to pay for Amazon.co.uk gift certificates.

3. The gift certificate has no cash redemption value and is not transferable or assignable.

4. Any unused balance will be placed in the recipient's gift certificate account.

5. If the order exceeds the amount of the gift certificate, the balance must be paid by credit or debit card.

6. Please use our Shopping Basket rather than our 1-Click ordering method when paying for an order with a gift certificate.

7. Gift certificates and unused portions of gift certificates expire one year from the date of issue, where permissible under applicable law.

8. The gift certificate can be applied to an open order by visiting the relevant Order Summary page in the "Your Account" section of our website.

9. Normal Amazon.co.uk terms and conditions of purchase and for using the Amazon.co.uk website apply.

10. Please note that some products available for sale on the Amazon.co.uk website may not be purchased by persons under a specified age. If you are planning to give a gift certificate to someone under 18 years of age, please ensure that they are made aware that some products are unavailable to them.

11. One or more gift certificates can be redeemed against an order; Also gift certificates can be combined with one promotional gift certificate.