These GTCs govern the contractual relations between you (hereinafter referred to as “member”) and Ideawise Limited, (hereinafter referred to as “we/us” respectively “Koko”). The following General Terms and Conditions are drafted in English and may be saved by you onto your hard drive.
In line with the use of our Website Koko and the mobile application you accept the following General Terms and Conditions (hereinafter referred to as “GTCs”).
We reserve the right to adapt or change our Terms and Conditions. In the case of adjustments or modifications to the Terms and Conditions herein, we will send them to you by e-mail four weeks before coming into effect. If you don't accept the new Terms and Conditions within 4 weeks of receipt of the e-mail, they shall be deemed accepted. In case you do not accept them, we have the right to end the contractual relationship. We shall inform you separately of the significance of the four-week notice in the e-mail that contains the modified terms. However, this only applies if you are using our services and are registered on Koko at the time of the modification. The modified Terms and Conditions shall become immediately effective to other users.
Koko is a social network community operated by the company Ideawise Limited, based at Room 604 Alliance Building, 133 Connaught Road, Central Hong Kong, HK. We offer access to a database which is available on Koko and mobile applications.
Koko is adressed to natural persons of full age. Only a use for private purposes is admitted; a commercial use is inadmissible
On Koko, you have the possibility to access profiles with photos and information of other users, meet other users, rate their profiles, upload content (texts, photos et cetera.) and to share experiences.
Registering and the use of Koko is free of charge. Some features are fee-based and are also identified accordingly. Those features can only be accessed after registration for a fee-based membership of 1, 3 or 12 months. More detailed information can be found on Koko.
Payment of few features can also be carried out with the virtual currency “diamonds” after a previous fee-based purchase. Within the app it is also possible to win “diamonds”. No refunds can be given for a return of “diamonds”.
Our servers comply with the current state of technology and are, therefore, safe. In addition, your private data is safe with us. The processing of data is carried out only in accordance with the relevant data protection regulations. You can find more details on this in our data privacy statement. You decide to what extent you enter your personal profile data in the community, and likewise, you also decide how much you want to disclose about yourself in the community.
We endeavour to maintain a family atmosphere within Koko. We expect every member to conduct themselves in an educated and respectful manner when dealing with each other.
2. Subject matter of the contract
In line with the registration on Koko or the mobile application you propose for conclusion of an agreement with Koko. You can file your registration by filling in the form on Koko. Alternatively you can use the connect-features of third parties (e.g. Facebook-Connect). With the registration via connect-features you agree with the TLCs of the respective third party.
After registering, you will receive an e-mail from us confirming the conclusion of the contract. You have no legal rights to the conclusion of an agreement with us. The language of the contract is English. We do not save the contract text.
The registration and "basic use" of Koko is free of charge. You can also acquire a paid membership to unlock additional features for the complete use of Koko. You can find the fees for a paid membership on our fee list. We reserve the right to amend the fees at indefinite dates.
Paid memberships are concluded for a definite time frame. They automatically extend for the time period chosen by you at the conclusion of the membership.
2.1. Definition of free memberships
You automatically acquire free membership by signing up at Koko. The free membership is not bound to a term and there are no costs for using it.
You can delete your free membership in the Koko settings at any time.
2.2. Definition of paid memberships
With the paid memberships, you get additional features that make the use of Koko easier and help you with your contact search. These additional features give you many advantages compared to a free membership. On the Koko membership overview page, you can see how all the features are allocated in detail and the advantages of both paid memberships.
If you do not terminate your paid membership within your selected time frame (1, 3 or 12 months), it will get automatically extended for the time period chosen by you at the conclusion of the membership.
You can terminate paid memberships at any time and without stating any reasons on the Apple AppStore respectively iTunes or on Google Play.
If you terminate your membership before expiration of the remaining term, you will be able to use all paid features until the end of your paid time term. After this time expires, you will return to free membership mode. The termination before the expiration of the remaining term shall have no influence on your payment obligation.
2.3. Extraordinary termination
The right to immediate termination on major grounds (= "termination without notice") remains intact for you and for us. With the extraordinary termination, our claims and demands arising out of the contractual relationship will become immediately effective. Your potential balance regarding the virtual currency "diamonds" decline in the case of a immediate termination on major grounds.
2.4. External payment providers
In order to process membership payments, Koko cooperates with external payment providers. For the payment of the membership fee, the member agrees to the Terms and Conditions of the respective payment provider.
3. Protection of minors
We take the protection of minors very seriously. Koko complies with the current legislation and responds individually and depending on the urgency if any of the member's texts or photos violate the legal requirements for the protection of minors. If you find X-rated images publicly visible on Koko, we kindly ask you to inform us as soon as possible via e-mail to our support team. We will verify the violations as soon as possible and proceed accordingly.
4. Registration and profile
To sign up at Koko, you must fill in a registration form or use the connect-features of third parties. The entered data must be complete and correct. If we have reasons to doubt the authenticity of your information, we reserve the right to ask for a proof of authenticity or to lock your profile.
For your registration at Koko, you need an e-mail address to which we will send you a confirmation code.
When you register, you create your own password (not in case you have connected via a third-party connection like Facebook etc.). This password protects against the use of Koko by unauthorised persons who could access your profile with your name. You should always keep your password strictly confidential and not disclose it to third parties. You should also protect your password from access by third parties. We advise you, for your own security, to change your password periodically
We will never ask you for your password. If you suspect that your password has been misused or that a third party knows your access data and/or is misusing your account, please change your password immediately and contact us. You can only sign up with one profile at Koko. With your registration, you confirm that you are not an already existing member of Koko. On the Internet, the identification of persons is limited. Hence, we cannot rule out that when registering at Koko people enter incorrect data information. Therefore, Koko does not guarantee the authenticity of each user. Each member is responsible for checking the authenticity of the other members.
5. Right of cancellation
Following your purchase, you, as a consumer, may cancel the contract within 14 days from the date of the conclusion of the contract without cause.
To execute your right of cancellation you shall inform us by distinct declaration (e.g. a letter sent by post or an e-mail) about your decision to cancel the contract. You may use the attached sample-cancellation-form which is not compulsory. It is sufficient that your declaration about the cancellation is sent to us within the abovementioned grace period. You may use our contact form on Koko or our postal adress.
5.1 CONSEQUENCES OF Cancellation
If you cancel this agreement, we shall refund all payments that we have received from you immediately and, at the latest, within 14 days from the day we receive your notice of withdrawal from this agreement. For this refund, we shall use the same payment method which you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you incur any charges on account of this refund.
If you wish to cancel the contract, please fill in this form and send it to us: To Ideawise Limited, Room 604, Alliance Building, 133 Connaught Road, Central Hong Kong, HK Hereby I/we cancel (*) the contract concluded by me/us (*) about the purchase of the following goods (*)/the delivery of the following service (*) Ordered on (*)/received on (*)Name of the consumer(s)Address of the consumer(s)Signature of the consumer(s) (only if given on paper)Date (*) Please delete where inapplicable
5.3 Untimely expiration of the right of cancellation
When the contract is executed completely by both parties according to your explicit request before you have practised your right of cancellation, your right of cancellation expires untimely.
6. Content/Granting of rights
All the information and content that you have entered or uploaded to Koko (in your profile et cetera) shall be publicly available. However, your personal information, such as your personal e-mail address, your password, phone number, or your postal address, will remain inaccessible to third parties.
On Koko you have the possibility to change or delete your account, your profile and the contents. If you cannot make certain changes by yourself, you may contact us, so that the changes can be carried out.
You are responsible for your activities, information and content on Koko. You agree to comply with the relevant statutory regulations (e.g. right to one's own image, general personal rights, copyright, right to trademark and name, right to the legal protection of minors, etc.). It is prohibited to post contents (photos, texts, videos, etc.), which you are not authorised to use on our website. Please observe the rights of third parties. Ask the photographer if you can use their photos of you on Koko. If there are other people on the photo apart from you, they also must agree to the publication.
If you violate the rights of third parties you are immediately liable towards them. You are under the obligation, in accordance with Point 7 of these Terms and Conditions, to hold us harmless from any claims raised against us by third parties. Koko does not assume the verification of your uploaded content. We reserve the right to change or completely delete any content due to legal, judicial or official obligations, or due to important reasons. An important reason exists if we are informed or notice a breach of legal regulations, of these Terms and Conditions or any other important reason. If there are clear indications that spam e-mails are being sent through Koko, we are entitled to check these e-mails and, if necessary, delete them. Any misuse or unauthorised use, manipulation or deletion of accounts, data and content by criminal individuals or technical errors cannot be entirely ruled out. Therefore, we advise you to carefully select the amount of information that you post on Koko or that you make accessible to other members.
7. Obligations of the user
You agree to enter correct and complete information and to keep this information up-to-date, in your registration and in your profile. Please note that the communication between you and Koko is mainly via e-mail. Any explanations and information which we send to you by e-mail, shall be deemed delivered as soon as they are received on your e-mail server and you are able to retrieve them under normal circumstances. If you do not notify us of a changed or deleted e-mail address, these e-mails and the declarations shall still be deemed received.
You agree to keep your Koko password secret and ensure that, in your personal sphere, your login data will not be accessible to any third party. In addition, it is your responsibility to ensure that in your personal sphere, your password is not or will not be accessible by chance to other people, especially minors.
In the case of a "multiple use of your paid membership" (this means different people accessing Koko using your password), we reserve the right to block your access to Koko. You are obliged to inform us immediately of any unauthorised use of your login data as well as any other breach of the security regulations. This applies in particularly if you suspect that your membership data might have been accessed by third parties. You hereby confirm that you have all necessary rights concerning any content that you post or upload (photos, texts, videos) to Koko and that such content:
- Does not violate the rights of third parties (general personal rights, right to one's own image, copyright);
- Does not damage others in any other way (through defamation, offence, slander);
- Does not violate any other rules (e.g. the law relating to unfair competition, the trademark law, the Criminal Code, youth protection regulations);
- Does not infringe our own photo rules and these Terms and Conditions.
- If necessary, you may have to prove the ownership rights of your content.
You are obliged to comply with a conversational tone on Koko which does not violate the rules of behaviour. This includes a respectful behaviour when interacting with other members and a friendly style. In the case of a violation of these Terms and Conditions or a disturbance of the harmonious co-existence, you will get an appropriate penalty as stipulated in Paragraph 8 of these Terms and Conditions.
In the case of severe personal attacks, defamation, slander and threats, we reserve the right to call upon the criminal prosecution authorities.
You agree to continue to refrain from the following:
- Any illegal form of advertising at Koko (including through divulgation of phone numbers, e-mail addresses, links, IDs and user names of social networks or other contact possibilities for commercial contact purposes to other users);
- Sending of spam;
- Malicious attempts, through which Koko members may be lured to other apps/websites;
- Collecting content or information of users using automated systems (such as bots, robots, spiders or scrapers);
- Uploading a code that harms us or the website, or limits its functionality or affects it in any other way;
- Obtaining third-party access data or access an account that belongs to another member;
- Bullying, intimidating or harassing other members;
- Publishing content that is hateful, threatening, or that incites violent acts or contains violence;
- Using Koko to perform illegal, misleading, malicious, or discriminatory acts;
- Performing actions that block, overload or could affect the proper functioning of Koko.
- Any other misuses of our portal.
You agree to hold us harmless from all asserted claims of third parties due to infringement of their rights caused by the contents that you posted on the Koko portal or by your use of our service. In such cases, you shall on first demand bear the expenses of our legal defence, including all court and legal fees. If a claim is made against us by a third party due to misconduct and/or forbearance you must provide us promptly, truthfully and completely with all information available that is necessary in order to assess the claim and to defend ourselves against it.
8. Penalties for violations
• Warning of a member (as a milder measure);
• Partial and complete deletion of a member's content;
• Limitation and restriction of the use of Koko;
• Temporary blocking of a user;
• Permanent blocking of a user and putting a virtual ban on using the app.
Any sanction previously imposed has no influence concerning the payment obligation of the member, regarding the remaining term of the respective membership.
For any case in which the prohibitions set out in section 7 of these Terms and Conditions are violated, culpably and seriously, a contractual penalty in the amount of EUR 1.000 per violation with a maximum penalty in the amount of EUR 10.000 is agreed. The contractual penalty is particularly forfeited in the case of illegal advertising measures, spamming or malicious attempts.
9. Availability of the service
Our databases and other technical devices correspond to the current technical state of the art. We are constantly working to improve our services for the greatest possible reliability and availability. Nevertheless, updates, maintenance or optimisation of Koko may cause that, during these operations, our services are limited or not available for a short term. We would also like to point out that the Internet may be subject to disruptive influences that are beyond our control (such as problems with data exchange, unlawful interferences by so-called hackers, power blackouts, or in cases of forces majeure).
10. Warranty, limitation of liability
We assume no liability for the constant availability and accessibility of our website and are not responsible for downtime due to necessary care and maintenance work or newly emerged errors, as far as these were not predictable and could also be detected by a conscientious average programmer.
Furthermore, we do not assume any responsibility for the accuracy, completeness and usefulness of the information and content published on Koko.
Among other things, you will find references to external third-party content on Koko. If a contractual arrangement is offered in connection with such third-party content, any contractual arrangement, if entered into, shall be made exclusively with the responsible party identified as the offeror.
We do not check the content of other webpages or their legality and, therefore, we also cannot influence their design. We thus expressly distance ourselves from all content provided on these pages and from all the links published on pages that we are linked to and are not responsible for their content. You use the links of third-party websites at your own risk.
In accordance with legal requirements, we, as a service provider, are not obliged to supervise the communicated or stored information of our members or to investigate any circumstances that could indicate an illegal activity. However, if we become aware of unlawful conduct by any member or according receive information within Koko, this information will be immediately removed or their access to Koko will be blocked.
We do not provide warranty for any possible dissatisfaction regarding Koko offers, individual contents, performances and services according to the agreement, nor that you actually will make successful contacts on Koko.
We are not liable for your content and activities which are not managed by us. They can neither be attributed to us nor do they represent our opinion. Links that you place on Koko are also included as part of your content.
We shall only be liable for damage caused intentionally or by gross negligence by us, our legal representatives, our assistants or our vicarious agents. Our liability for ordinary negligence is limited to the violation of essential contractual obligations (cardinal obligations). The extent of our liability is limited to the foreseeable damage typical for this type of contract. As far as our liability is limited to these conditions, this restriction shall not apply in cases of injury to body, life, and health, as well as the liability under the provisions of the product liability law. The above mentioned limitations of liability shall also apply to our affiliated companies as well as to the personal liability of our employees, representatives, partners and vicarious agents.
11. Changes of our services
We reserve the right to change the features of Koko at any time without stating any reasons. We will notify you of the changes that we make. We are free to take out individual functions of Koko, add new functions, or replace existing functions with others. As far as these functions are associated with a paid membership, we will make sure there is a proper compensation between the old and the new functions.
12. Payment providers and payme3t default
The processing of paid memberships on Koko is carried out by external billing partners. With the acquisition of a paid membership, you agree to the General Terms and Conditions of our billing partner. The Terms and Conditions can be found on the website of the respective billing partner.
In case of an increase of the mandatory value added tax (VAT), we shall have the right to adjust our prices accordingly. This also applies if our necessary expenses for the fulfilment of the contract (e.g. hosting or traffic costs) increase, without the price increase being attributable to us. A possible price increase will be notified to you in good time, so that you can cancel ("ordinarily") in due time. Conversely, we undertake to adjust the prices in the case of tax or price reductions.
You agree to take over the expenses in case there are (due to lack of funds or to other indebted reasons) wrongly cancelled purchases. These costs are applied to us by the bank, the credit card company or payment provider and depend on the used payment method as well as the participating bank or the billing service provider.
13. Violations of rights
Koko wishes to prevent the publication of illegal contents. If you think that the content violates your rights or any other rights, please send a detailed notification by e-mail to support/at hallokoko.com. All serious messages about violation of rights will be immediately investigated by us. Any misuse will be penalised.
14. Rights related to the Koko database
All rights (copyrights, trademark rights and other protection rights) for the database work, the database and the posted contents, data and other elements are exclusively reserved to Koko. Any other user rights regarding the content posted by them remains intact.
Copyright notices or other proprietary right notices on the Koko website may not be changed. The contents of our database may not be used to create your own database in any form of media, or for a commercial purpose or exchange of information.
The integration or any other form of connection of the database or single elements of the database with other databases or meta databases is inadmissible.
Any form of publication (in particular duplication, distribution, making publicly available, sending, or reproducing through a video or audio recording) without the prior consent of Koko, including film shots and/or screenshots (in whole or partial) is illegal. In the case of repeat infringements, we shall take appropriate civil and criminal action.
15. Final provisions
These Terms and Conditions shall be exclusively subject to German law. This only applies to you as a consumer if the protection granted by binding provisions in the law of the country in which you have habitual residence is revoked.