Terms & Conditions
The legal bit.

Terms and Conditions

Thank you for using Mofono!

  • These Terms of Service ("Terms") govern your access to and use of the Mofono app, ("Mofono" or the "Service"). Please read these Terms carefully and contact us if you have any questions. By accessing or using Mofono, you agree to be bound by these Terms and our Privacy Policy.

1. Our service

  • A.

    Mofono allows you to download our app and use our under the hood technology to text from your phone on your behalf. By agreeing to this it allows us to use some of your text allowance, and in return for this we reward you with a Post Office code or barcode that you can redeem at any Post Office for cash. Each 30 days we will contact you and advise that you are able to redeem a certain cash figure.

    After a month you can redeem for £5, after two months you can redeem for £10 and after 3 months you can redeem for £20, including an additional £5 bonus. This will continue, Month 4, £25, Month 5 £30, Month 6 £40, and so on. On receipt of your Post Office code you must redeem your cash within 30 days. Once you have redeemed your account will return to zero and you will return to day one of month 1.

  • B. Mofono recommendation scheme

    Mofono users are entitled to recommend as many friends they like who qualify to use the app (see 2a). Any recommendation from a Mofono user to another person that then becomes an active user for a minimum period of one month, results in a bonus payment of £5 being added to the Mofono user's account. For the avoidance of doubt the active user recommended, needs to have had an account running for 30 days and needs to have sent a minimum of 1500 texts through Mofono.

    This offer can be used for multiple friends, and there are no minimum or maximum recommendations stipulated.

    Mofono reserves the right to withdraw this scheme, either at an individual level, or in its entirety, at any time.

2. Using Mofono

  • a. Who can use Mofono

    You can use Mofono once you have downloaded the app, and in compliance with these Terms and all applicable laws. When you create your Mofono account, you must provide us with accurate and complete information. You can't use Mofono if it would be prohibited by UK Law. Any use or access by anyone under the age of 16 is not allowed without the explicit permission of the bill payer. You must be based in the UK to use Mofono. Using Mofono includes downloading software to your smartphone or tablet. You agree that we can automatically update that software, and these Terms will apply to any updates.

  • b. Our licence to you

    Subject to these Terms and our policies we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Service.

3. Security

  • We care about the security of our users. While we work to protect the security of your content and account, Mofono can't guarantee that unauthorised third parties won't be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account.

4. Termination

  • Mofono may terminate or suspend your right to access or use Mofono for any reason with appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason.

5. Disclaimers

  • Our Service and all content on Mofono is provided on an "as is" basis without warranty of any kind, whether express or implied. Mofono specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.

6. Limitation of liability

  • To the maximum extent permitted by law, Mofono shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from (a) your access to, use of or inability to access or use the service; (b) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorised access, use or alteration of your transmissions or content. in no event shall Mofono's aggregate liability for all claims relating to the service exceed one hundred pounds.

    If we cause damage to you and as a consumer in the UK, the above does not apply. Instead, Mofono's liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Mofono is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or wilful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.

7. Arbitration

  • For any dispute you have with Mofono, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so using the email address on your Mofono account. If Mofono has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court.

8. Governing law and jurisdiction

  • These Terms shall be governed by the laws of England and Wales.

9. General terms

  • Notification procedures and changes to these Terms

    We reserve the right to determine the form and means of providing you with notifications, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time; the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use Mofono once revisions have become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using Mofono.

  • Assignment

    These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Mofono without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  • Entire agreement/severability

    These Terms, together with the Privacy Policy and any amendments and additional agreements you may enter into with Mofono, shall constitute the entire agreement between you and Mofono concerning the Service. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

  • No waiver

    No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mofono's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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