1.1. These terms and conditions of use (the “Agreement”) constitute the legal agreement between Toku Pte Ltd (“Toku”) (“us” or “our”), and any individual or entity (hereinafter referred to as “you” or the Customer”) using the products and services (the “Products and Services”) owned by Toku and/or its associated/affiliated companies, whether in Singapore or abroad (collectively, the “Group”) and provided by Toku through the ‘Toku’ website (https://tokuworld.com) (the “Site”). For terms and conditions specific to a particular location, please see Appendix 1 to this Agreement.
1.2. This Agreement is written in English (UK) and pertains to the English versions of the Products and Services and the Site. To the extent that any translated version of this Agreement conflicts with the English version, the English version shall prevail and/or supersede the provision of that translated version.
1.3. By completing the registration process and clicking the “I Accept” button or by using the Site and/or the Products and Services, you represent, warrant and acknowledge that (i) you have read and understood this agreement, and agree to be bound by its terms and conditions, (ii) that you are over 18 years of age and have the legal capacity to abide by this agreement; and (iii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Site and/or the Products and Services. If you do not agree to the terms and conditions of this Agreement, you should immediately stop using the Site and/or the Products and Services.
1.4. This Agreement shall prevail notwithstanding any amendments by you. Any amended conditions submitted, proposed or stipulated by you, regardless of whether Toku has objected to them explicitly, are expressly waived and excluded.
1.5. Toku reserves the right to amend, modify, update, change or otherwise alter this Agreement at any time. Any and all terms herein, including without limitation, calling rates, can be changed or otherwise modified by Toku without any reason whatsoever.
1.6. While Toku shall endeavor to notify you of any amendments and/or modifications to this Agreement pursuant to paragraph 1.5 above, you are advised to read this Agreement carefully and to check regularly for any updates, changes or modifications. Any use of the Site or Product and Services after the amendment of this Agreement is deemed acceptance of the amended provisions of this Agreement. If you do not agree to any change, update or modification to the terms and conditions of this Agreement, you must immediately stop usage of the Site or Product and Services and immediately notify us at firstname.lastname@example.org of your intention to deregister your ‘Toku’ account (“Account”).
1.7 NO EMERGENCY CALLS. Toku’s Product and Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit, or any type of emergency services of any kind. Neither are they intended to support calls to operator or directory enquiry services. Toku will not be liable in any manner for such calls. You must ensure that you, or anyone using your device, have alternative arrangements for making any such calls.
2.1. Termination For Breach. Toku may in its sole discretion terminate this Agreement and your Account at any time without notice, in the event that you have in any way breached any of the terms and conditions of this Agreement. In the event that your Account is terminated pursuant to this Clause 2.1., Toku will not refund any unused credits or advance payment made in relation to your account.
2.2. Termination For Convenience. Toku may also in its sole discretion terminate this Agreement and your Account with Toku at any time without notice and without reasons given. In the event that your Account is terminated pursuant to this Clause 2.2., Toku will refund any unused credits or advance payment made in relation to your account.
2.3. Where Toku notifies you of its intention to make a refund to you pursuant to Clause 2.2. above, you shall respond by inter alia nominating a Singapore bank account in favour of which the refund shall be made. In the event that no details are furnished by you within seven (7) days, you shall be deemed to waive all rights and/or claims to and/or arising out of the refund.
2.4. If, in relation to a refund under Clause 2.3. above, you nominate a non-Singapore bank account, you agree that Toku shall have the right to first set-off an administrative fee of up to US$30.00 from the monies to be transferred under such a refund.
2.5. In the event that such termination without notice is expressly prohibited by any applicable law, Toku shall be entitled to terminate this Agreement by providing you with written notice in the event of any breach of this Agreement. Please report any violations of the terms and conditions of this Agreement to email@example.com.
2.6. Toku shall not be liable for any loss or damages arising from any termination of this Agreement as set out above in this Clause 2.
3. DESCRIPTION AND USE OF SITE AND/OR PRODUCTS AND SERVICES
3.1. To use the Site and/or Products and Services, you shall provide for your own access to the World Wide Web and be responsible for any service fees associated with such access, and provide all equipment necessary for you to make such connection to the World Wide Web, including but not limited to a computer and a modem. You hereby acknowledge that Toku is under no obligation to provide any assistance, including any technical or customer support, to you, and that your use of the Site and/or the Products and Services is of your own volition.
3.2. You shall be solely responsible for any and all charges incurred in relation to any third party service provider, including but not limited to your mobile service provider, as a result of using the Site and/or Products and Services. These charges include but are not limited to the following:
(a) incoming call charges;
(b) outgoing call charges;
(c) cellular data charges; and
(d) WiFi charges.
3.3. The phone numbers we provide may not support SMS, MMS, or FAX messaging.
3.4. Toku does not guarantee that you will be able to dial every number in every country. Toku reserves the right to cancel or suspend services to or for any specific number ranges, telecommunications service providers, countries, states, or geographic regions, or any other number grouping or service location, at any time and for any duration at our sole discretion.
3.5. For the avoidance of doubt, Toku shall not be responsible for any charges incurred, notwithstanding any warning or notification issued by Toku regarding additional charges by third party service providers, as a result of any technical and/or connectivity related issues in relation to your use of the Site and/or the Products and Services.
4. ACCESS AND USE OF SITE AND/OR PRODUCT AND SERVICES
4.1. Access to the Site and/or Product and Services
4.1.1. Toku does not guarantee that the Site and/or Product and Services or any content on it will always be available or uninterrupted. Toku reserves the right to suspend, withdraw, discontinue or change all or any part of the Site and/or Product and Services without notice. Toku shall not be liable to you if for any reason, including but not limited to technical maintenance or system upgrades, the Site and/or Product and Services becomes unavailable at any time or for any period.
4.2. Use of the Site and/or the Products and Services
4.2.1. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Site and/or Product and Services.
4.2.2. You shall not use the Site and/or the Products and Services:
(a) For illegal or unauthorized purposes;
(b) For the transmission of any material that is unlawful, harassing, defamatory, slanderous, libelous, obscene, threatening, harmful, that portrays any person in a false light;
(c) In any way that constitutes an invasion of any right to privacy or an infringement on any right to publicity;
(d) In any way that gives rise to any breach of contract involving any third party or to any business tort or similar claim of a third party or any violation of any local or foreign, federal, state or local statute or regulation, or that otherwise can be reasonably likely to expose the Group or any of its respective agents to criminal or civil actions, or that infringes or may infringe the intellectual property or other rights of another;
(e) For the transmission (whether by text, instant message or calls) of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of messages;
(f) 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; or
(g) To collect or harvest personal information about other users or for any other objectionable purposes.
(h) To provide any false personal information and/or use another person’s personal information to create and/or maintain an Account without due authorisation.
4.3. Account Registration
4.3.1. If you choose to create an account on the Site (“Account”), you must complete the registration process by providing Toku with true, accurate, current and complete information about yourself (“Personal Data”).
4.3.2. You agree to maintain and update your Personal Data to ensure it remains true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Toku reserves the right to terminate this Agreement, the Account and refuse to provide you with access to the Site and/or the Products and Services.
4.3.3. Your Account shall be deemed inactive if you fail to log in and/or credits are not added or deducted for a period of no less than twenty-four (24) months (“Inactive Account”). Toku reserves the right to cancel, suspend or deactivate any Inactive Account. In the event of such termination, Toku shall not refund any prepaid credit or payment made in relation to this Inactive Account.
4.3.4. You shall be entitled to choose the mobile number and password with which to log into your Account upon completion of the customer registration process.
4.3.5. You shall be responsible for maintaining the confidentiality of your password, and shall be fully responsible for all activities that occur through your Account.
4.3.6. You agree that Toku shall not be liable for any form of harm suffered by you, including but not limited to monetary losses, as a result of any unauthorised use of your Account or any other breach of security. You agree to notify Toku immediately at firstname.lastname@example.org if you know of or suspect any unauthorised use of your Account or any other breach of security. In the event of unauthorized use of your credit card, you shall notify your credit card provider immediately.
4.4. Callnames and other Rights
4.4.1. For the purpose of your use of the Site and/or Products and Services, you shall be entitled to select a display name of your choice (“Callname”). Your Callname will appear on the relevant device of your intended recipient, including but not limited to a mobile device, computer system, tablet computer, telephone and/or telefax machine.
4.4.2 You shall be entitled to link more than one (1) mobile number to your chosen Callname, subject to the other provisions set out in this Agreement.
4.4.3. Notwithstanding any payment which may have been made by you to Toku or the duration of your use of the Site and/or Products and Services, you acquire no ownership, rights to or interest in any Callname and/or Account. Toku is and shall remain at all times, the owner of the Callname and Account.
4.4.4. In connection with your use of the Site and/or Products and Services, Toku grants you a worldwide license to use, modify, store, communicate, publish, publicly display and distribute the Callname.
4.4.5. You acknowledge that your Callname and/or Account are non-transferrable and you shall not sell or transfer your Callname and/or Account whether for any benefit, monetary, material or otherwise.
4.4.6. Toku reserves absolute discretion to refuse, change or remove your Callname and will notify you in the event of such refusal, change or removal. You may wish, with good reason, to appeal against Toku’s decision by contacting email@example.com.
4.5. Intellectual Property Rights
4.5.1. You acknowledge that member(s) of the Group is/are the owner(s) or the licensee(s) of all intellectual property rights in the Site and/or Products and Services. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to the Group’s trademarks, Site, Products and Services and/or business activities.
4.5.2. You acknowledge and agree that any material, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of the Site and/or Products and Services or those contained in sponsor advertisements or information presented to you through the Site and/or the Products and Services are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
4.5.3. In addition, you acknowledge and agree that you are permitted to use these materials and information only as expressly authorized by Toku or the said advertisers and you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.
5.1. Purchase of Credits. You may purchase prepaid credits for use on the Site and/or Product and Services using the payment methods, through the World Wide Web or otherwise, made available to you by Toku. Prepaid credits are billed at the time of purchase.
5.2. Subject to Clause 5.3. of this Agreement, no redemption of cash, refunds or cash withdrawal is permitted in respect of unspent credits in your Account;
5.3. Expiration of Credits. Unless Toku specifies otherwise, credits unused for a period of 365 days from the date of purchase will expire and shall not be extended, subject to the sole discretion of Toku.
5.4.1. Toku reserves absolute discretion regarding the provision of refunds, if applicable, for any payment made by you for the use of the Site and/or Products and Services, including but not limited to the purchase of credits pursuant to Clause 5.1.
5.4.2. In order to request for a refund, you must inform Toku in writing or via email at firstname.lastname@example.org. All determinations of Toku with respect to this Clause 5.4., including but not limited to the size of any refund, shall be final and binding on you.
5.4.3 In the event that you are requesting for a refund as a result, or otherwise in connection to, a failure of Toku’s Site and/or Product and Service, you must request the said refund, in accordance with Clause 5.4.2, within seven (7) days of any such failure.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1. In addition to any and all limitation of liabilities set out in this Agreement, Toku assumes no liability or responsibility for (a) errors, mistakes or inaccuracies of the Products and Services or any other information or material set out or made available through the Site and/or Product and Serives, (b) any unauthorized access to or use of secure servers (whether provided by Toku directly or by third parties appointed by Toku) and/or any and all personal information stored therein, (c) any property damage of any nature whatsoever resulting from your access to and use of or reliance on any Products and Services, services or any other information or material set out or made available through the Site and/or any linked third party website(s), (d) any interruption or cessation of transmission to or from the Products and Services provided on the Site and/or Product and Services, (e) any 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 transmitted through the Site and/or Products and Services or any linked third party website(s) and/or (f) any errors or omissions in the information or material set out or made available through the Site and/or Product and Services (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
6.2. This agreement sets out the full extent of Toku’s obligations and liabilities in respect of the supply of the Site and/or Products and Services and there are no warranties, conditions or other terms that are binding on Toku except as expressly stated in this Agreement.
6.3. Toku shall not be liable to the customer for:
(a) Any indirect, special or consequential loss or damage;
(b) Loss of data or other equipment or property;
(c) Economic loss or damage;
(d) Any liability incurred by the customer for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or
(e) Any loss of actual or anticipated profit, use, opportunities, interest, revenue, anticipated savings, business or damage to goodwill, even if Toku is advised in advance of the possibility of such losses or damages.
6.4. Toku shall not be liable for losses arising from your subsequent misuse of the Site and/or Products and Services including but not limited to failure to install, operate or use the Site and/or Products and Services in accordance with the user instructions, specifications or conditions made available to you by Toku.
6.5 Any Products and Services made available or obtained through the Site and/or Product and Services or any linked third party website is done at your own discretion and risk and you shall be solely responsible for any damage to your computer system or electronic device, or any loss of data that results therefrom.
6.6 You expressly acknowledge and agree that the use and reliance upon any and all of the Site and/or Products and Services is at your own discretion and risk and is made available on an “as is” and “as available” basis without warranty by Toku and/or any of its licensors of any kind and to the maximum extent allowed by applicable law, Toku and/or any of its licensors expressly disclaim all warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, or any warranty of non-infringement. Except as may expressly be stated herein, Toku makes no warranties or representations about the accuracy or completeness of the Products and Services or any other items or materials made available or linked to from the Site and/or Product and Services.
6.7 Toku does not warrant that the functions contained in the Site and/or Products and Services will meet your requirements, or that the operation thereof will be uninterrupted, timely, secure or error-free. Toku and/or any of its licensors do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site and/or Products and Services with respect to their performance, accuracy, reliability, security capability or otherwise. In addition, Toku makes no warranty as to the results that may be obtained from the use of the Site and/or Products and Services or as to the accuracy or reliability of any information obtained through the Site and/or Products and Services or that defects in the Site and/or Products and Services (if any) will be corrected.
6.8. Any material and/or data downloaded or otherwise obtained through the use of or from the Site and/or Products and Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, tablet computer and/or mobile phone or loss of data that results from the download of such material and/ or data. Toku makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from the Site and/or Products and Services or any transaction entered into through the said Site and/or Products and Services.
6.9. If you receive any news, messages, alerts or other information as a result of your use of the Site and/or Products and Services in relation to companies, stock quotes, investments, securities, or other financial information, paragraphs 7 and 8 shall Apply in full force and effect. The content and material contained in messages of any kind arising from the use of the Site and/or Products and Services are provided for informational purposes only and are not intended to be used for any other purpose. Toku shall not be responsible for the content or accuracy of any information transmitted through the Site and/or Products and Services, and shall not be responsible for any trading or investment decisions made by the Customer based on such information.
6.10. You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to the use of the Site, and/or Products and Services or pursuant to this Agreement must be filed within one (1) year from the date on which such claim or cause of action first arises. Toku will not be liable in respect of any claim or cause of action following the expiry of the time limit set out in this sub-paragraph.
7.1. If you are leasing a virtual number on behalf of a company or other entity, you represent and warrant that you are authorised to bind such entity to the provisions hereof. Should you require an official receipt, please write in to email@example.com.
7.2. You shall keep Toku fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by Toku, its subsidiaries, affiliates, officers, and employees, representatives, corporate affiliates and/or agents, arising out of or in connection with:
(a) Your use of the Site and/or Products and Services;
(b) Any actual or alleged breach or non-performance or non-observance of any of your obligations or warranties under this Agreement, or otherwise arising in any way out of the your use of the Site or purchase and/or use of the Products and Services; or
(c) Your infringement or misappropriation of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Site or purchase and/or use of the Products and Services.
8. NO RESALE OF PRODUCTS AND SERVICES
8.1. You shall not resell the Site and/or Products and Services or the use of or access to the Site and/or Products and Services unless otherwise permitted by Toku. Any person or entity that resells any Products and Services without the prior written consent of Toku may be subject to civil action and/or criminal penalty as prescribed by law.
9. DEALING WITH ADVERTISERS
9.1. The Site and/or Products and Services may display content that does not belong to Toku. This content is the sole responsibility of the entity that makes it available. Toku may review content to determine whether it is illegal or violates Toku’s policies and may remove or refuse to display content that Toku reasonably believes violates its policies or the law. Accordingly, your correspondence with or participation in any promotion of third party advertisers found on the Site and/or Products and Services, including payment and delivery of related goods and/or services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. Toku shall not be liable for any loss or damage of any kind incurred as the result of any such dealings.
10. MODIFICATION AND MAINTENANCE
10.1. Modification. Toku retains the right, in its sole discretion, to modify the Site and/or Products and Services, or to implement new elements as part of and/or ancillary to the Site and/or Products and Services to enhance your overall experience which may affect the previous mode of operation of the Site and/or Products and Services.
10.2. Software Update. In connection with the aforesaid modification, software updates on your computer, mobile device and/or tablet computer may have to be downloaded from time to time with the intention of improving, enhancing, repairing and/or further developing the Site and/or Products and Services. Toku will use best endeavors to provide you with the option of whether or not to install the update. However, do note that in certain circumstances, Toku may require you to install the update to continue accessing and using the Site and/or Products and Services. In all cases, you agree to permit Toku to deliver these updates to you (and you to receive them) as part of your use of the Site and/or Products and Services. You shall be solely responsible for any and all charges incurred for the download of such updates.
10.3. Maintenance. Toku reserves the right to shut down the Site and/or Products and Services for maintenance as and when required, in which case notification shall be given to you via the Site and/or Products and Services. Toku shall not be responsible for any damages or losses of whatever nature suffered by the Customer as a result the unavailability of the Site and/or Products and Services during maintenance.
10.4. Toku will not bear any responsibility or liability for any damage or loss you may suffer as a result of the aforesaid modifications and/or maintenance, including, without limitation, damages or losses as a result of the deletion of, or failure to make available to you, any content.
11.1. Any notice to you in relation to the Site and/or Products and Services, to the extent that Toku determines in its sole discretion that such notice be disseminated, shall be made via either voice mail or electronic mail. Toku may also provide you with notices by way of postings on the Site and/or Products and Services.
11.2. Except where otherwise specifically provided for, you may send a notice to us by way of email at firstname.lastname@example.org.
11.3. All notices and/or correspondence sent to Toku, whether to our e-mail account at email@example.com or otherwise, shall be made in English. Where notices and/or correspondence are received by Toku in another language, we shall not be obliged to reply and/or all replies from us shall be made in English.
12.1. Inadequacy of Damages. You acknowledge and agree that any unauthorized use of the Site and/or Products and Services and/or breach of this Agreement may result in irreparable injury to Toku for which damages alone would be inadequate. Accordingly, Toku shall be entitled to and have the right to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this Agreement and/or any unauthorised use of the Site and/or the Products and Services.
12.2. Assignment. You shall not, without the prior written consent of Toku, assign, transfer, charge or otherwise deal in any other similar manner with all or any of its rights under this Agreement, subcontract any or all of its obligations under this Agreement, or purport to do any of the same.
12.3. Remedies and Waivers. No failure on the part of Toku to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in under this Agreement are cumulative and not exclusive of any rights or remedies provided by law. If Toku does waive a default by the Customer, it will only do so in writing.
12.4. No Rights of Third Parties. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
12.5. Severability. The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
12.6. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. The Parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
13. CUSTOMER CONTACT
13.1. If you have any questions regarding this Agreement, please email us at firstname.lastname@example.org