Terms & Conditions

These are the terms and conditions ("T&C's") for the Mobyko website (the "Site"). The Site is owned by Mobyko Limited, a company registered in England under number 5433965 (“Mobyko”, “We” or “Us”) and operated on its behalf by IMImobile SAT Limited (a company registered in England under number 6913318), an IMImobile Group company. 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 service (the "Services")
  • What we ask of you in return
  • Why you need to stick to this
  • Payment for Services
  • All about copyright and trade marks
  • Disclaimer
  • Linking up
  • Let's hope it never happens, but...
  • Keeping up to date
  • General


The Service

We offer all members the ability to safely back up, store, and manage their mobile phone address book and calendar online (the "Service") for £24.99 per year. Your account will be fully accessible when your payment has been accepted by our payment service (PayPal). 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.

Included with your initial subscription are credits to enable you to send 10 standard length text messages at normal rates.

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.

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.

We will send you reminders to renew your subscription as the subscription period approaches completion.


Other Paid for services

Mobyko offers the facility to purchase text 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 (PayPal).


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 and it's good practice to change it periodically
  • 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.

If your access to the Services is terminated, for whatever reason, 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.


Payment for Services

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

The Mobytec name and logos belong to IMImobile SAT Limited and may not be used without 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 Limited – CTM 004989489. Mobytec is a registered trade mark of IMImobile SAT Limited.

Mobytec uses Funambol, Inc’s Sync ML DS Server v7.0 for PIM Sync – “Powered by Funambol”.


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: 2nd July 2009.