Hello Technology Pte Ltd (“Hello”), a Singapore registered business with office principally located at 3 Philip Street, #11-02/03, Royal Group Building, Singapore 048693, is the owner and operator of this website (the “Tok-Tok! Website”), as well as the software and services which together comprises the Tok-Tok! mobile application (the “Tok-Tok! App”).

The terms and conditions (“Terms of Use”) set out herein govern the use of the Tok-Tok! Website and the Tok-Tok! App (together the “Service”), except where you have entered into a separate agreement directly with Hello (the “Enterprise Agreement”) relating to the use of the Service in which case the terms of the Enterprise Agreement shall serve to supplement these Terms of Use. In the event of a conflict between the terms of the Enterprise Agreement and these Terms of Use, the terms of the Enterprise Agreement shall prevail.

If you do not agree to any of the Terms of Use, you must immediately discontinue your use of the Service. By using any of the Service, you acknowledge and agree to comply with and be bound by these Terms of Use, as may be amended from time to time. Any amendment or revision to these Terms of Use shall be effective upon publication on the Tok-Tok! Website. Continued use of the Service after such publication will be deemed to constitute your conclusive acceptance of the amended Terms of Use.

SINGAPORE 02 Jan, 2014

From 2 January 2014, Singapore’s Personal Data Protection Act (PDPA) has introduced certain restrictions on whether companies may contact you for promotional and marketing purposes. Under the PDPA, if you have registered your Singapore telephone numbers in the national Do Not Call (DNC) Registry, then companies are not supposed to contact you at such registered telephone numbers for marketing purposes unless they have separately obtained your consent to do so.

Hello Technology complies with the requirements of the PDPA and respects your choices. If you have registered your telephone number with the DNC Registry, we will not send you our promotional and marketing messages via phone calls, text messages and faxes. However, if you have previously given us consent to contact you for such purposes, we will continue to do so until you withdraw your consent. If you have further queries, please email us at pdpa@hello-technology.com.

A) Hello hereby grants you a limited, personal, non-exclusive, non-assignable, non-transferable license to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal, non-commercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Hello’s prior written authorization; (iii) you will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, alteration, modification or hacking of any part of the Service; (iv) you will not sell, assign, rent, lease, copy, distribute, export, import or act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Service or any part thereof; and (v) you will otherwise comply with these Terms of Use.

B) In order to access and use the features of the Service, you agree and acknowledge that you will have to provide Hello with personal data such as your phone number, as well as the phone numbers of third parties whom you use the Service with. When providing your phone number, you must provide accurate, true and complete information. You consent to the use by Hello, of the phone numbers you have provide, for the purpose of providing you access to and use of the Service. You may never use another person’s phone number without their permission. You are solely responsible and liable for all use of the Service. You must notify Hello immediately of any breach of security or unauthorized use of your phone, device and/or the account for your Service. Hello is not responsible and cannot be held liable for any unauthorized use. Although Hello will not be liable for your losses caused by any unauthorized use of your phone, device and/or the account for your Service, you may be liable for the losses of Hello or others due to such unauthorized use.

C) When you use the Service, your address book may be uploaded to Hello’s servers in order to help you find and connect to your friends and to notify you when they join the Service. By granting access to your address book, you will allow Hello to successfully provide the Service to you.

D) The Service may contain links to third party websites that are not owned or controlled by Hello. Hello has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The inclusion of any link does not imply endorsement by Hello. In addition, Hello will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Hello shall not be responsible in any way whatsoever for any direct or indirect damages, claims or other liability arising from or related to your use of any third-party website.

E) You acknowledge and agree that the Service may be advertising sponsored, and Hello may send you direct advertising or marketing about our own, or third parties’ goods and services.

F) When you use Tok-Tok!App on a cellular network rather than via Wi-Fi, you may incur cellular network data charges at such rates as may be imposed by your mobile operator. Also, international data roaming charges may apply ifyouaretraveling outside of your home country and the Service is accessed from a foreign cellular network (rather than via Wi-Fi). Any charges so accrued shall be your sole responsibility.

G) You acknowledge that the availability of the Service can be dependent on third party app stores such as but not limited to Apple App Store, Blackberry Appworld and/or the Google Play Store. You agree that your license to use the Service relies on your compliance with all applicable third party licenses. Furthermore, you agree to pay all license fees (if any) charged by the respective app store.

H) By using the Service, you consent to our communicating with you by text message or other electronic means to your mobile device, and that certain information about your usage of the Service may be communicated to us.

I) Hello enhances and updates the Service often. Hello may also need to discontinue services from time to time. You understand and agree that we may modify or discontinue part of or the entire Service, with or without notice to you. Hello shall not be liable to you or any third party for any modifications made to, or the discontinuance of the Service.

J) When you access the Service, either via browser, the Tok-Tok! App or other clients, our servers automatically record certain information such as your interaction with the Service, IP address, or such other information that may uniquely identify your account, browser type, usage patterns, preferences, date and time of your request. Hello may use the information in its advertising services to help advertisers and publishers serve and manage ads across the Service without uniquely identifying each user. On top of this, Hello uses the information to further fix, enhance and build innovative services.

K) You agree not to do any of the following: (i) collect or harvest any personally identifiable information, including account names, from the Service; (ii) use the communication systems provided by the Service for any commercial solicitation or spam purposes; (iii) solicit, for commercial purposes, from any users of the Service. (iv) violate any law or regulation, other people's intellectual property, privacy, or other rights; (v) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion; (vi) violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer; (vii) send unwanted messages or any unauthorized advertising or commercial communications, such as spam; (viii) transmit any malicious or unsolicited software; (ix) stalk, harass, or harm another individual; (x) impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity; (xi) use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, etc., that accesses the Service in a manner that sends more request messages to the servers used in providing the Service in a given period of time than a human can reasonably produce in the same period by using the Tok-Tok! App or the Tok-Tok! Website; (xii) use the Service in any way that could overload, damage, disable, interfere, disrupt or harm the Service; (xiii) hack or gain unauthorized access to any server, network, or hardware used in or associated with the provisioning of the Service; (xiv) commence or encourage any activity that breaches the law and these Terms of Use.

L) The Service is a platform to facilitate User Submissions (defined in Section 4 following). Correspondingly, you acknowledge and agree that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hello with respect thereto, and agree to indemnify and hold Hello, its officers, directors, employees, affiliates, licensors, and agents, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

M) You agree that Hello may force limits on the use of the Service and/or terminate your use at Hello’s sole discretion.

N) You agree and acknowledge that Hello cannot guarantee that other users will use your content and/or communications in accordance with these Terms of Use and/or that your content and/or communications will be kept private.

A) The Service permits and facilitates the submission of user name and other content generated by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Hello does not guarantee any confidentiality with respect to any submissions.

B) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Because Hello is only acting as a repository of data, User Submissions do not necessarily represent the views or opinions of Hello, and Hello makes no guarantees as to the validity, accuracy or legal status of any submission. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Hello to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Use; (ii) by submitting the User Submissions to the Service, you hereby grant Hello a worldwide, non-exclusive, royalty-free, and transferable license to use, sub-license, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service and Hello’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels; (iii) you also hereby grant each user on the Service a non-exclusive license to access your User Submissions through the Service, as permitted through the functionality of the Service and under these Terms of Use.

C) In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hello all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Hello or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D) Hello does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Hello expressly disclaims any and all liability in connection with User Submissions. Hello does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Hello will remove all User Submissions if properly notified that such content or User Submissions infringes on another's intellectual property rights. Hello reserves the right to remove all infringing content or User Submissions without prior notice.

E) Hello may also terminate a user's access to its Service, if they are determined and reported to be annoying, and on more than one occasion. An annoying individual is anyone who is deemed annoying by Hello’s sole discretion.

F) Hello reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law. In such case, Hello may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

G) Hello permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms.

H) Hello reserves the right to reclaim any usernames and other unique IDs at its sole discretion.

The design of the Service along with created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by Hello, subject to copyright and other intellectual property rights under the laws of Singapore. The Service is provided to you AS IS for your information and personal use only. Hello reserves all rights not expressly granted in and to the Service, specifically including the Tok-Tok! App. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of information of third parties obtained through the Service for any commercial purposes. Nothing in these Terms of Use is meant to assign any intellectual property rights to you. You shall not perform any acts, which may infringe upon the intellectual property rights of Hello such as registering domain names or trademarks which are similar or identical to any object of which Hello has the intellectual property rights.

Hello respects intellectual property. Upon proper notice, Hello will remove any content, which violates copyright law. We also reserve the right to terminate the accounts of repeat infringers. If you believe that your work has been copied in a way which constitutes copyright infringement, then please send us a notification with all of the following information:

1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. identification of the claimed infringing material and information reasonably sufficient to permit Hello to locate the material;
3. information reasonably sufficient to permit Hello to contact you, such as an address, telephone number, and, if available, an e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. your physical or electronic signature.

Please send us all of the information described above by e-mail at toktoksupport@tok-tok.me. Upon receipt of a valid notice, Hello will take reasonable steps, if technically and practically feasible to do so, to remove or disable access to the material, and to notify you once the changes have been effected.

We always welcome and appreciate your feedback and suggestions about your experience using the Service and ways to improve our service and product. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you. If you have questions or need help using the Service, please feel free to email us with your questions to toktoksupport@tok-tok.me.

You agree that your use of the Service shall be at your sole risk. The Service is provided on an "AS IS" and on an "AS AVAILABLE" BASIS. To the fullest extent permitted by law, Hello, its officers, directors, employees, affiliates, licensors, and agents, disclaim all warranties, express or implied, in connection with the Service and your use thereof. Hello, its officers, directors, employees, affiliates, licensors, and agents makes no warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. Hello does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any user status submission or other advertising, and Hello will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

In no event shall Hello, its officers, directors, employees, affiliates, licensors, and agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that Hello shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to defend, indemnify and hold harmless Hello, its officers, directors, employees, affiliates, licensors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation shall survive these Terms of Use and your use of the Service. The Service is controlled and offered by Hello from its facilities in Singapore. Hello makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. These Terms of Use shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms of Use, Service, or Hello will be filed only in courts located in Singapore, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Hello to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision.

Under no circumstances shall Hello be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hello without restriction.

Hello reserves the right not to provide the Service to any user, and also reserves the right to terminate the provisioning of the Service to any user at any time, in our discretion. If you violate any of these Terms of Use, your permission to use the Service will automatically terminate.

SINGAPORE 02 Jan, 2014

From 2 January 2014, Singapore’s Personal Data Protection Act (PDPA) will introduce certain changes to the way in which we may contact you for promotional and marketing purposes. The PDPA provides for the establishment of a National Do Not Call (DNC) Registry, which allow individuals to register their Singapore telephone numbers to opt out of receiving marketing phone calls, mobile text messages such as SMS or MMS, and faxes from organisations.

Hello Technology aims to comply with the requirements of the PDPA and respects your choices. If you have registered your telephone number with the DNC Registry, we will not send you our promotional and marketing messages via phone calls, text messages and faxes. However, if you have previously given us consent to contact you for such purposes, we will continue to do so until you withdraw your consent. If you have further queries, please email us at pdpa@hello-technology.com.