Terms of Use

Last Updated: 1 January 2025

Please read these Terms of Use carefully before accessing or using the website located at mohatu.info (the “Website”) or any services offered by mohatu (trading as mohatu) (collectively, the “Services”). By accessing or using our Website or Services, you agree to be legally bound by these Terms of Use. If you do not agree with any part of these terms, you must not use our Website or Services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website or Services provided by mohatu (“we”, “us”, or “our”), you confirm that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and agree to comply with and be bound by these Terms of Use, our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

If you are accessing or using the Services on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use, and in that case “you” refers to that entity.

Your continued use of the Website following any changes to these Terms of Use constitutes your acceptance of the revised terms. We recommend you review this page periodically to stay informed of any updates.

2. Description of Services

mohatu operates the Website at mohatu.info and provides information, tools, and services as described on the Website from time to time (collectively, the “Services”). We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

The Services are intended for lawful use only and are made available to users in the United Kingdom and other jurisdictions where such Services are legally permissible. It is your responsibility to ensure that your use of the Services is compliant with all applicable laws in your jurisdiction.

We do not guarantee that the Website or any content thereon will always be available, uninterrupted, timely, or error-free. Access to the Website may be suspended temporarily and without notice in the event of system failure, maintenance, or circumstances beyond our control.

3. User Responsibilities and Acceptable Use

As a user of our Website and Services, you agree to use them only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Website. You must not use the Website or Services:

• In any way that violates any applicable local, national, or international law or regulation, including but not limited to the laws of England and Wales;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• To engage in any conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;
• To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• To collect or harvest any personally identifiable information, including account names, from the Website without authorisation;
• To use automated scripts, bots, crawlers, scrapers, or similar tools to access or interact with the Website without our express written permission;
• To attempt to gain unauthorised access to any part of the Website, its servers, or any server, computer, or database connected to the Website;
• To attack the Website via a denial-of-service attack, distributed denial-of-service attack, or any other disruptive method;
• To use the Services in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Services.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting such conduct to law enforcement authorities.

4. Intellectual Property Rights

Unless otherwise indicated, the Website and all content, features, and functionality thereon — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software — are the property of mohatu or its content suppliers and are protected by United Kingdom and international intellectual property laws, including copyright, trademark, patent, trade secret, and other proprietary rights.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its content for your personal, non-commercial use only. This licence does not include:

• Any resale or commercial use of the Website or its content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Website or its content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

All trademarks, service marks, trade names, trade dress, and logos used or displayed on the Website are the registered or unregistered trademarks of mohatu or third parties. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark without our written permission or the written permission of the relevant third-party owner.

Any unauthorised use of the Website or its content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other civil and criminal statutes.

5. User-Generated Content

If you submit, post, upload, or otherwise make available any content to or through the Website (including but not limited to comments, reviews, feedback, or suggestions) (“User Content”), you grant mohatu a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that: (i) you own or control all rights in and to the User Content; (ii) the User Content is accurate and not misleading; and (iii) the User Content does not violate these Terms of Use, any applicable law, or the rights of any third party.

We reserve the right, but not the obligation, to monitor, edit, or remove User Content that we determine, in our sole discretion, violates these Terms of Use or is otherwise objectionable.

6. Disclaimer of Warranties

The Website and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by English law, mohatu expressly disclaims all warranties, whether statutory, express, or implied, including but not limited to:

• Any implied warranty of merchantability or fitness for a particular purpose;
• Any implied warranty of non-infringement;
• Any warranty that the Website will be uninterrupted, timely, secure, or error-free;
• Any warranty as to the accuracy, reliability, completeness, or currency of any information provided through the Website;
• Any warranty that defects will be corrected or that the Website or server that makes it available are free of viruses or other harmful components.

Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law, including the Consumer Rights Act 2015 where applicable.

7. Limitation of Liability

To the fullest extent permitted by applicable law, mohatu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, business, or other intangible losses, arising out of or in connection with:

• Your access to or use of, or inability to access or use, the Website or Services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• Unauthorised access, use, or alteration of your transmissions or content.

In any event, our aggregate liability to you for any and all claims arising out of or in connection with these Terms of Use or the Services shall not exceed the greater of: (i) the total amount paid by you to us in the twelve (12) months preceding the claim; or (ii) £100 (one hundred pounds sterling).

The limitations of liability set out in this section shall not apply to the extent that any applicable law prevents us from limiting our liability in such a manner, or to claims arising from our fraud, fraudulent misrepresentation, wilful misconduct, or gross negligence.

8. Indemnification

You agree to defend, indemnify, and hold harmless mohatu, its directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms of Use;
• Your use of the Website or Services, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorised in these Terms of Use;
• Your violation of any applicable law or regulation;
• Your infringement of any third-party rights, including but not limited to intellectual property rights or privacy rights.

9. Third-Party Links and Content

The Website may contain links to third-party websites or resources that are not owned or controlled by mohatu. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We do not warrant the offerings of any of these entities or individuals or their websites.

You acknowledge and agree that mohatu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites. We strongly advise you to read the terms and conditions and privacy policy of any third-party website that you visit.

10. Privacy and Data Protection

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our Website, you acknowledge that you have read and understood our Privacy Policy.

We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Any personal data processed in connection with your use of the Website will be handled in accordance with our Privacy Policy and applicable data protection legislation.

11. Force Majeure

mohatu shall not be liable for any failure or delay in the performance of its obligations under these Terms of Use to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:

• Acts of God, flood, drought, earthquake, or other natural disasters;
• Epidemic or pandemic;
• Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
• Nuclear, chemical, or biological contamination or sonic boom;
• Any law or government order, rule, regulation, or direction, or any action taken by a government or public authority;
• Fire, explosion, or accidental damage;
• Loss at sea;
• Adverse weather conditions;
• Failure of public or private telecommunications networks or internet service providers;
• Inability or delay in obtaining supplies of adequate or suitable materials.

If a force majeure event occurs, we will notify you as soon as reasonably practicable and will use reasonable endeavours to resume our obligations under these Terms of Use as soon as reasonably possible.

12. Modification of Terms

mohatu reserves the right to revise and update these Terms of Use at any time and at our sole discretion. All changes are effective immediately when we post them on the Website, and apply to all access to and use of the Website thereafter.

We will endeavour to provide reasonable advance notice of any significant changes, which may include posting a notice on the Website, sending an email to registered users, or updating the “Last Updated” date at the top of this page. However, we make no commitment to provide advance notice of minor or administrative changes.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree to the new terms, you must stop using the Website and Services.

13. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Website and Services at any time, with or without notice, and for any reason, including but not limited to your breach of these Terms of Use.

Upon termination, your right to use the Website and Services will immediately cease. All provisions of these Terms of Use which by their nature should survive termination shall survive, including without limitation: ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may discontinue your use of the Website and Services at any time. If you have a registered account, you may request deletion of your account by contacting us using the details provided in the “Contact Information” section below.

14. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

Subject to the dispute resolution provisions set out in Section 15 below, you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of Scotland or Northern Ireland respectively.

15. Dispute Resolution

We are committed to resolving any disputes fairly and efficiently. In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use, the Website, or the Services, we encourage you to contact us in the first instance using the contact details below so that we can attempt to resolve the matter amicably.

Step 1 – Informal Resolution: Please contact us in writing at the address or email address provided in the “Contact Information” section of these Terms. We will endeavour to acknowledge your complaint within 5 business days and provide a substantive response within 28 days.

Step 2 – Alternative Dispute Resolution (ADR): If we are unable to resolve the dispute informally within a reasonable period of time, either party may refer the matter to an appropriate Alternative Dispute Resolution (ADR) scheme. We are willing to consider mediation through a recognised UK ADR provider, such as the Centre for Effective Dispute Resolution (CEDR) or the Chartered Institute of Arbitrators (CIArb).

Step 3 – Online Dispute Resolution: If you are a consumer based in the United Kingdom, you may also use the UK Government’s approved Alternative Dispute Resolution services. You can find further information at the Citizens Advice website or the relevant Trading Standards authority.

Step 4 – Legal Proceedings: If the dispute cannot be resolved through the above steps, either party may pursue their rights through the courts of England and Wales as described in Section 14.

Nothing in this section shall prevent either party from seeking emergency injunctive or other urgent relief from the courts where necessary to protect their rights.

16. Severability

If any provision of these Terms of Use is found by a court or other competent authority to be invalid, unlawful, or unenforceable under any applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted.

Any modification or deletion of a provision under this section shall not affect the validity and enforceability of the rest of these Terms of Use. The remaining provisions of these Terms of Use shall continue in full force and effect.

17. Waiver

No failure or delay by mohatu in exercising any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

18. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices or policies published on the Website, constitute the entire agreement between you and mohatu with respect to the subject matter hereof, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

You acknowledge that in entering into these Terms of Use you have not relied on any representation or warranty other than those expressly set out in these Terms of Use, and that you shall have no right or remedy in respect of any such representation or warranty other than as expressly set out herein.

19. Assignment

You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms of Use without our prior written consent. mohatu may freely assign, transfer, or sub-contract any or all of its rights and obligations under these Terms of Use, including in connection with a merger, acquisition, restructuring, or sale of assets, without your consent, provided that such assignment does not materially diminish your rights under these Terms of Use.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms of Use or the Website, or if you wish to report a potential violation, please contact us using the details below:

We will endeavour to respond to all legitimate enquiries within 5 business days. Please include as much detail as possible in your enquiry so that we may assist you efficiently.

These Terms of Use were last updated on 1 January 2025 and supersede all previous versions. By continuing to use the Website and Services provided by mohatu at mohatu.info, you confirm your acceptance of these Terms of Use in full.