Last Updated October 2024
The website (www.mobkoi.com) (“Website”) is provided to you by Mobkoi Limited (“Mobkoi”, “us”, “we” or “our”). Our registered office is C/O Jellyfish, Level 22, The Shard, 32 London Bridge Street, London, England, SE1 9SG and our registered number is 09045201. Our VAT no. is GB187041504.
2.1 By accessing and/or using the Website and the services and features made available through it, you agree to these Terms of use (the “Terms”). You also acknowledge that our Privacy Policy and Cookie Policy apply to our use of your personal data and cookies (and other similar technologies) in relation to the Website. Please review these Terms, our Privacy Policy and our Cookie Policy and save a copy of them for your future reference.
2.2 We may amend or vary these Terms at any time and for any reason, including to reflect changes affecting the Website, our technology, our licensing arrangements, our payment policies, best practices, relevant laws and/or regulatory requirements. You should check these Terms on a regular basis to keep yourself informed of any changes. If you continue to use the Website, you are deemed to have accepted any changes we make to these Terms. If you do not agree to (or cannot comply with) such changes, you should not use the Website.
2.3 If you have any questions about these Terms, please contact us using the contact details at section 3 of these Terms.
2.4 We draw your attention in particular to section 12, which explains how we limit our liability to you.
3.1 If you have any questions, comments or complaints please do not hesitate to contact us using our “contact us” page or email us at contact@mobkoi.com
4.1 You are responsible for making all arrangements necessary to access our Website. In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Website.
4.2 You acknowledge that your agreement with your mobile network and/or internet service provider (“Internet Providers”) will apply in respect of your use of data in connection with your use of the Website and that you may be charged by your Internet Provider in respect of such use. You accept responsibility for such charges. If you are not the bill payer for the device being used to access the Website, you must obtain, and will be assumed to have received, permission from the bill payer for using the Website.
4.3 You must not (and you must not cause any other person to):
(a) use, or cause others to use, any automated system or software to extract content or data from the Website for commercial purposes, except where you or any applicable third party has entered into a written agreement with us that permits such activity;
(b) interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device;
(c) access the Website via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(d) attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms by others;
(e) use the Website for any illegal or unauthorised purpose or in any way that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers;
(f) use the Website in any way or that (i) is defamatory of any other person, (ii) is obscene or offensive, (iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or (iv) is likely to harass, upset, embarrass, alarm or annoy any other person; or
(g) change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or us,
(“Prohibited Uses”).
5.1 We may need to make changes to these Terms and our Website. These changes might be to reflect changes in the law or other regulatory requirements, or to make improvements, for example to address a security threat.
5.2 You can check when these Terms were last updated by looking at “Last Updated” at the top of this page.
6.1 We will do our best to make sure that our Website (and any email that we sent to you in connection with the Website) is accurate, reliable, up-to-date and free from bugs, trojan horses or other harmful components but we cannot promise that it will be, and you are responsible for putting in place your own internet security and safety measures.
6.2 The content displayed on the Website (and the content that we send to you via email in connection with the Website) is made available to you for your general information and is for non-commercial use only. We give no promises that such content is accurate or reliable. The content is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the content made available on the Website is at your own risk.
6.3 Our Website are provided free of charge and have not been developed to meet your specific requirements. We cannot promise that they will be fit or suitable for your specific purposes or that it will be compatible with all or any hardware or software which you may use. We also don not make any promises that the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Access to the Website is permitted on a temporary basis and we reserve the right to withdraw access from the Website for any reason and without notice.
7.1 Our Website and all information, music, images, photographs, videos and other content displayed on our Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.
7.2 You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.
7.3 We expressly reserve all Rights in and to our Website and the Materials and your use of our Website and the Materials is subject to the following restrictions. You must not:
(a) copy the Website except where such copying is incidental to normal use of the Website, or where it is necessary for the purpose of back-up or operational security;
(b) sub-licence or otherwise make available the Website in whole or in part (including object and source code), in any form to any person without our prior written consent;
(c) remove any copyright or other proprietary notices contained in the Materials;
(d) use any Materials in any manner that may infringe any of our Rights or the Rights of a third party;
(e) use the Materials in any way that might be illegal or breach these Terms;
(f) reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way for any commercial purpose, without our prior written consent;
(g) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing; or
(h) use the Website or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Website or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.
7.4 Any use of our Website or the Materials in a manner not expressly permitted by these Terms may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Website or the Materials accessible on it.
8.1 We reserve all Rights in the name “Mobkoi”, the www.mobkoi.com domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trade marks appearing on our Website. Other trade marks, products and company names mentioned on our Website may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
8.2 Nothing in these Terms should be construed as granting any licence or right to use any such trade marks or our domain name.
9.1 We permit you to link to our Website if you comply with the following:
(a) you only do so in a way that is fair and legal and does not take advantage of or damage our reputation,
(b) you do not link to our Website via any digital property containing content of an adult or illegal nature, or material that is offensive, harassing or otherwise objectionable;
(c) you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted;
(d) you do not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website, or frame any aspect of our Website on any other site;
(e) you do so for non-commercial purposes; and
(f) you do not link to any page of the Website other than the home page.
9.2 We reserve our right to withdraw our permission granted at section 9.1 at any time without notice.
9.3 If you would like to link to our Website for commercial purposes or any purposes not included above, please contact us using the contact details at section 3 of these Terms.
9.4 Anyone providing access to, or information relating to the Website, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
10.1 The Website (and emails that we send to you in connection with the Website) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties (“Third Parties”). If you decide to visit any Third Party Property or use a service made available through, or purchase products via, a Third Party Property, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant Third Party and the services they offer. We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available do not imply that we are, or our Website is, affiliated to or associated with such websites or services.
10.2 Your interaction with any Third Party Property is subject to the relevant Third Party’s own terms and policies. In particular, Third Parties will process your personal data in accordance with their own privacy notices. Please read all applicable terms and polices of the relevant Third Party before using a Third Party Property and/or using a service made available through, or purchasing products via, a Third Party Property.
11.1 If you are in breach of, or we suspect you are in breach of, these Terms or any other terms applicable to the services that we make available through the Website, we may take any or all of the following actions:
(a) issue a warning to you;
(b) effect an immediate, temporary or permanent withdrawal of your access to your Account and/or the Website without notice;
(c) take legal action against you; and/or
(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.
11.2 The responses described above at section 11.1 are not limited and we may take any other actions we reasonably deem appropriate.
12.1 Nothing in these Terms is intended to exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentations.
If you are a consumer using our Website:
12.2 We have no liability to you for any business losses for example loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We’re only responsible for losses you suffer caused by us breaking these Terms unless the loss is:
(a) Unexpected. This means the loss was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms (loss or damage if foreseeable if either it is obvious that it will happen or if, at the time these Terms were entered into, both we and you knew it might happen).
(b) Caused by a delaying event outside of our control.
(c) Avoidable. This means you could have avoided the loss by taking reasonable action.
If you are a business using our Website:
12.4 We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
12.5 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Website; or
(b) use of or reliance on any content displayed on our site.
12.6 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
13.1 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or failure to discharge your obligations.
14.1 Please contact us using the contact details at section 3 of these Terms if you have any complaints. We would prefer to try to resolve any dispute informally between you and us in the first instance.
If you are a consumer using our Website:
14.2 These Terms are governed by English law, but we will not deprive you of any protection you have under the law of the country where you live, and you can bring claims against us in the courts of your home country.
If you are a business using our Website:
14.3 These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
15.1 Transferring rights: You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Website, without our prior written consent. You agree that we may transfer our rights and obligations under our contract with you to a third-party purchaser of our business or to an affiliate, in which case we will notify you and explain your options.
15.2 Third party rights: These Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing them.
15.3 If the Terms are invalidated: If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
15.4 Delays: We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.