toki

Terms and Conditions

Welcome to Toki.com family!

By accessing the Toki.com Network you agree to be bound by these Terms of use of the Toki.com services (TOU) and Privacy Policy. Please read these TOU carefully, they affect your legal rights. If you do not agree to these TOU, you may not access the Toki.com service, so please refrain from using it.

Toki.com (hereinafter, “Toki.com” “us”), is an organization under the Epik.com umbrella projects.

Toki.com is a Network linking user-provided wireless hotspots filled with information. By joining the Network, you gain access to Toki.com Spots across this global Network with a single registration.

I. Toki.com Services

Who is subject under this Terms of Use?

The TOU regulates the provision of services from Toki.com to the Toki.com Members and Toki.com Visitors, “You” or “you”.

The content, products, and services contained in the Toki.com Website are not designed or directed to persons resident in jurisdictions where such contents are not authorised or permitted.

Unless expressly stated otherwise, the present TOU together with the registration form, Toki.com’s Privacy Policy and, where applicable, Toki.com Software License Agreement and the Toki.com Application Software License Agreement, herein after “Agreement” shall constitute the contractual relationship between Toki.com and the Toki.com Member and between Toki.com and the Toki.com Visitor, where applicable.

You acknowledge that you have not relied on any other representations not specifically included in this Agreement. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorised to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorised.

Who can access the Toki.com Spot?

In order to become a Toki.com Member or Toki.com Visitor you need to register with Toki.com and click the appropriate box to confirm you have read, understood, and accept the present TOU, the Privacy Policy and the other terms where applicable.

Toki.com Members shall have free access to any Toki.com Spot. Toki.com Visitors also have free access to the Operating System, in the Software section of the website.

The Toki.com member or Toki.com Visitor shall, prior to access, have registered through Toki.com or through a Toki.com Partner to be allowed access to a Toki.com Spot.

The Toki.com Member shall ensure that its agreement with its broadband service ISP allows sharing of bandwidth. The Toki.com Member is the solely responsible for compliance with your contractual obligations towards such ISP.

Toki.com Account Registration

Our registration process will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide up-to-date.

You must register with the Toki.com Network using the web form on our Site and Portal, providing full and correct information.

You will have the opportunity to choose a unique username, and you must remember this username or else store it in a safe place. You must keep your password secret and not divulge it or share it with others.

You have the obligation to immediately inform Toki.com as to any knowledge that you have regarding the improper use of the identifiers and/or passwords, including theft, loss, or unauthorised access, so as to immediately cancel the password/identifier. As long as Toki.com has not been informed of such, Toki.com shall be exempt of any liability derived from the improper use of the identifiers or passwords by unauthorised third parties.

You shall communicate to Toki.com any modifications of the information contained in your registration form as well as any subsequent modification of such information.

Any information or data collected or stored by Toki.com is subject to Toki.com’s Privacy Policy.

Description of Toki.com Services

The services provided by Toki.com consist of:

  • facilitating access to Toki.com Spots
  • providing information about the location of different Toki.com Spots
  • providing the authentication, registration for such access
  • offering access to the Toki.com Spots by the sale of passes to Toki.com Visitors

The Toki.com Members and the Toki.com Visitors can connect to the Toki.com Network through any Toki.com Spot when these are available.

To connect to the Toki.com Network, you will have to select a Toki.com Spot, and through the Toki.com Website or Toki.com Access Portal, introduce your username and password.

Toki.com will validate the data introduced by you and, subject to this Agreement, will permit you to connect to the Toki.com Spot.

Toki.com will notify you of any updates to the Toki.com Software whenever there is a new available version.

II. Toki.com Members

How can you become a Toki.com Member?

You can become a Toki.com Member by accepting this Agreement and owning a Toki.com Router, or a router of a Toki.com Partner, with the Toki.com functionality installed. If you do not have a router compatible with the Toki.com Software you may purchase a Toki.com Router through the Toki.com Website.

Installation and Activation of the Toki.com Software and Toki.com Spot

Once you have registered with the Toki.com Network as a Toki.com Member and accepted the Agreement, you may download, install, and use Toki.com Software. You agree to install Toki.com Software following the instructions provided in our manual published in our website. You accept and agree that Toki.com is not responsible for any failure or damage arising from the incorrect installation of Toki.com Software.

If you become aware of any aspect of Toki.com Hardware, Toki.com Software, or the Toki.com Service which has or is likely to cause damage, or allow damage to be caused, you will inform creating a support ticket from our online end user Help Center.

The Toki.com Spot will be active and fully operational once the Toki.com Software or the Toki.com Router has been correctly installed and you have been registered.

Toki.com may publish information about the location of any Toki.com Spot the Toki.com Member registers within the Toki.com Network while this Agreement is in force. This is essential for other users to access the Service.

The Toki.com Visitor will be able to connect to the Toki.com Spots after registration to the Toki.com Network and payment of the Toki.com Pass as established in the Toki.com Visitor clause.

Rights and Obligations of the Toki.com Members

If you register as a Toki.com Member you understand that as a result of connecting a Toki.com Router to the Toki.com Network and registering with Toki.com, you will create a Toki.com Spot. Other users will be entitled to access the internet through this Toki.com Spot. In return for your providing and maintaining this facility in accordance with these TOU, you will be entitled to access all Toki.com Spots.

If you register as a Toki.com Member via owning a Toki.com Router you may activate and link your account to a PayPal account you will be entitled to receive a revenue share of any connection purchased through your Toki.com Spot by any Toki.com Visitor, but you will not be able to connect to other Toki.com Spots. Please note that this option is not available for all countries.

As a Toki.com Member you will not be able to connect simultaneously to several Toki.com Spots, but you will have the right to grant free access to your own Toki.com Spot to several users of your choice, the exact number of which shall be defined by Toki.com from time to time.

As a Toki.com Member, you agree to keep the Toki.com Spot active during 24 hours 7 days a week in order for the other Toki.com Members and Toki.com Visitors to be able to connect thereto.

In order to guarantee the correct functioning of the Toki.com Spots, the Toki.com Members shall exclusively use the official versions of the Toki.com Software.

You agree to use the Toki.com Services and accept to use them only for lawful purposes. If you use Toki.com Services for any unlawful purposes, or provide any unlawful or illegal content, or breach these TOU, Toki.com’s Privacy Policy, the Conditions for Use of the Toki.com Website and Toki.com Access Portal and the Users License of Toki.com Software, Toki.com may disconnect immediately your Toki.com Spot from the Toki.com Network and terminate this Agreement.

If you use the Toki.com Spot of a Toki.com Member to access the Internet, you agree not to use the Service to upload or download large files or make unfair use of the service in a manner that might cause impairment of the service for the Toki.com Spot owner or for the Toki.com Spot user.

III. Toki.com Visitors

In order to become a Toki.com Visitor, you will need: to register with Toki.com, purchase a Toki.com Pass through the available means of payment or be granted with limited or unlimited access in virtue of a Toki.com promotion, or a specific agreement between Toki.com and a Third Party.

The applicable rates are contained in the Toki.com Website and the Toki.com Access Portal. The Toki.com Visitor may obtain information on the applicable rates at any time through the Toki.com Website and the Toki.com Access Portal. These rates will include the relevant indirect taxes and any other charges where applicable and may vary from the country.

The means of payment for accessing Toki.com Services that a Toki.com Visitor may choose from shall be listed on the Toki.com Website and they will be offered through the registration process.

The Toki.com Visitor will pay Toki.com the corresponding amount for each Toki.com Pass.

Toki.com reserves the right to change, at any time, the prices, promotions, and/or discounts for the products and services that Toki.com provides. By continuing to use the Toki.com Service after the price change takes effect, you accept the new price.

You agree to use the Toki.com Services and accept to use them only for lawful purposes. If you use Toki.com Services for any unlawful purposes, or provide any unlawful or illegal content, or breach these TOU, Toki.com’s Privacy Policy, the Conditions for Use of the Toki.com Website and Toki.com Access Portal and the Users License of Toki.com Software, Toki.com may disconnect immediately your Toki.com Spot from the Toki.com Network and terminate this Agreement

All Toki.com Visitors are subject to the same obligations as the Toki.com Members where applicable.

IV. Toki.com Obligations

Toki.com will provide and control access to Toki.com Spots, authenticating and validating all Toki.com Members and Toki.com Visitors who connect through the Toki.com Spots.

Toki.com will register the number of users that access each Toki.com Spot and the type of user that has accessed each Toki.com Spot.

Toki.com agrees to pay the corresponding quantities to the Toki.com Members that activated and link their account to PayPal, where this option is permitted.

Quality of Service

Toki.com reserves the rights to suspend or revoke a Toki.com account should fraudulent misuse be detected.

Refund Policy

Toki.com shall guarantee that the authentication services it provides shall be available 80% during any 24 hour period.
If you have purchased a Pass, Toki.com may offer you a refund or a replacement Pass in the following circumstances:

  • You are unable to connect or experience loss of connection to the Toki.com Hotspot due to service impairments on the network.

A refund or replacement Pass may also be offered by Toki.com if the Service has been interrupted by unexpected technical problems.
The refund or replacement in all of the above cases will be at the discretion of Toki.com and Toki.com will decide based on connection records, acting reasonably, the amount of the refund or whether a replacement Pass is appropriate in the circumstances.
Refunds or a replacement Pass cannot be claimed by you if the lack of connection to the Internet is due to a fault with your device or incorrect configuration of that device.
For sake of clarity, Toki.com may offer the following types of Passes:

Toki.com may still consider the validity of refund claims up to a period of thirty (30) days after the Pass has been activated in the Access Portal, in case of a multiple day-pass the last day Pass has been activated.
If you claim after this period, Toki.com may elect in its sole discretion, refunds with a courtesy Pass.
Once the refund has been approved, you will receive your refund via the same means used to make your purchase, or via PayPal, at Toki.com’s discretion.
Please contact the Toki.com Customer Care Team on info@toki.com. Toki.com may changes the type of prices at its sole discretion

Customer Care

Toki.com shall have a Customer Care Service available with the aim of responding to the queries related to the provision of Toki.com Services. If you are a Toki.com user you can contact the Customer Care Service on info@toki.com

Any claim related to Toki.com Services should be addressed to the Customer Care Service, in written form, within a month of the date that the Toki.com user has become aware of the issue relating to the claim. The acceptance or rejection of the claim will be communicated to you within a month after its reception by Toki.com.

V. Intellectual and Industrial Property Rights

To preserve the uniform quality of Toki.com Services, you must use only the official versions of the Toki.com Software to provide access to our Toki.com Service.

Once the refund has been approved, you will receive your refund via the same means used to make your purchase, or via PayPal, at Toki.com’s discretion.

You accept that Toki.com and the Toki.com symbol, logos and graphics are trademarks of Toki.com and that Toki.com rights to this property are protected by law. You will immediately stop using the symbol, logos, and graphics when the Agreement is terminated.

You accept that the Hardware, Software, and Toki.com Service is protected by intellectual and industrial property laws and that Toki.com’s rights to this property are protected by law. You will observe the industrial and intellectual property rights, even after the termination of the Agreement.

You agree that any services containing proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.

You recognise and accept that all the intellectual and industrial property rights, the Service, the content and/or whatever other element inserted in the Toki.com Website and Toki.com Portal (including, purely for information purposes and without limitation, brands, logotypes, texts, images, graphics, etc.) are protected by the applicable law. It is strictly forbidden to reproduce, distribute, publicly communicate, transfer, or whatever other act of exploitation that has not been expressly authorised by the holder of the operating rights.

No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, assign, copy, transfer, or transmit the Software, or any data obtained through the Software, to any third party or create derivative works based on the Toki.com Services, in any manner, and you shall not exploit the Toki.com Services in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.

You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that Toki.com is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using any of the Toki.com Services.

You agree that you will use the Toki.com Software and Trademark, and any data accessed through the Software, for your own personal non-commercial use only.

Your license to use the Software, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights, are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.

VI. Terms of use of the Toki.com Website

Access to the Toki.com Website is open and free of charge. Nevertheless, some of the services and content that Toki.com or third parties offer on this website may be subject to prior agreement or further agreements between Toki.com and its Partners.

Use of the Toki.com Website and linked web pages

Contents of the Toki.com Website are strictly for consumers. Any unauthorised commercial use or resale of the contents is prohibited, except with the prior, written and express authorisation of Toki.com.

Access, browsing, and use of the Toki.com Website are the responsibility of the user. Consequently, the user must diligently and faithfully observe all additional instructions given by Toki.com relating to the use of the website and its contents.

Therefore, the user is obliged to use the contents in a diligent and licit manner and, in particular, to abstain from the following:

  1. Using the contents for any purposes whose effects are illegal, improper, against generally accepted use, or against public order;
  2. To record or copy, distribute, permit public access through any means of public communication, transform, or modify the contents, except as with the express authorisation of the owner of the corresponding rights;
  3. Any use of the content and, in particular, the information of any class found in this page or from the Toki.com services for the purpose of sending advertisements, direct sales communications, or any other class with a commercial purpose, unsolicited messages or spam, as well as marketing or divulging any of the aforementioned information.

Limitation of Liability for the Contents and Services

Toki.com offers content and services using all of the technical means that it has available to satisfy the needs of its users.

Toki.com will, as it deems necessary, make any changes, corrections, improvements or modifications to any information found on the Toki.com Website, to the services, or in the content without granting any right to claim or indemnification, or recognition of liability whatsoever.

Toki.com does not assume liability for any damage, injury, or loss of any kind as a result of the Toki.com Website’s availability or operations. Nevertheless, Toki.com shall take all necessary actions to reestablish its services in the event of any technical failure.

VII. Final Provisions

Terminating, changing, or transferring this Agreement

Either Toki.com or you may decide to end this Agreement at any time. If you wish to end this Agreement, you may do so by writing to info@toki.com fifteen (15) days in advance to effective termination of the Service. Toki.com may terminate this Agreement at any time, for any reason, including but not limited to violation or evidence of violation of any of the terms and conditions herein. Furthermore, Toki.com may suspend or revoke access if Toki.com believes the Toki.com Member is in violation of the obligations or the spirit of these TOU.

If Toki.com wishes to end this Agreement, Toki.com will inform you by email at the email address you have registered with Toki.com. This Agreement will end immediately upon either party termination. However, Toki.com will continue to keep all your personal information confidential and you will continue to accept and respect Toki.com’s intellectual property rights.

Toki.com may decide to change this Agreement at any time. We expect that changes will be necessary as new features are added, and as characteristics and specifications are added to the Hardware, Software, and Service. We shall communicate any change to these T&Cs one month before any such changes enter into force. If you are unhappy with these changes, or if you feel these changes will affect you in a negative way, you are free to end this Agreement. Toki.com may terminate, suspend, or interrupt at any time without prior notice access to the contents of the Toki.com Website. The users shall have no right to indemnification for such. Toki.com shall be able to transfer or assign its position under this Agreement to any another entity of its group. The transferee shall therefore subrogate in all rights and obligations of Toki.com under this Agreement. You accept any of the said transfers and assignments.

Limitation of Liability

Toki.com shall only be liable under this Agreement for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

Toki.com shall not be liable for damages incurred by reason of other services or goods received through or advertised on the Toki.com Services or received through any links provided in the Toki.com Services, as well as by reason of any information or advice received through or advertised on the Toki.com Services or received through any links provided in the Toki.com Services.

Toki.com does not exclude or limit its liability in respect of (a) its wilful default or fraud; or (b) death or personal injury.

Severability

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Agreement had been executed with the invalid, illegal, or unenforceable provision omitted.

Entire Agreement

This TOU together with Privacy Policy, and (where applicable the Toki.com Application Software License Agreement, the Toki.com Software License Agreement or the relevant additional terms that you accept as part of the registration process, new product or additional service) represents the final and entire agreement between you and Toki.com regarding the Service and products and supersede all previous agreements relating to the Service.

Jurisdiction and Law

This Agreement is subject to the laws of England, without regard to choice or conflicts of law principles and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.

VIII. Definitions

Agreement means this Terms of Use, together with the registration form, Toki.com’s Privacy Policy and, where applicable, Toki.com Software License Agreement and the Toki.com Application Software License Agreement, and the Cookies Policy.

Toki.com Access Portal (or Toki.com Portal) is the portal used by Toki.com in Toki.com Spots through which a Toki.com Member or Toki.com Visitor can register and access the Toki.com Network.

Toki.com Hardware or Hardware: Hardware distributed by Toki.com or by a third party which will be used to connect to the Toki.com Network.

Toki.com Member is the registered user of Toki.com that shares bandwidth through a Toki.com Router or a router of a Toki.com Partner with the Toki.com functionality installed, in exchange for free connection to any Toki.com Hotspot of the Toki.com Network. Some Toki.com Members may have special rights and obligations.

Toki.com Network is the world-wide network of WLAN hotspots based on a community whose members share their broadband internet connection; these hotspots are either based on separate stand-alone Toki.com eras or integrated with Customer Premises Equipment and provided as a best-effort service.

Toki.com Partner means a third party which has entered a partnership with Toki.com.

Toki.com Router is the device distributed by Toki.com or its Partners and enabled with the Toki.com Software. Toki.comera, Toki.comera SIMPL, or Toki.comera for small business are brands of Toki.com Routers.

Toki.com Services or Services are the services provided by Toki.com that consist of providing access to the Toki.com Network, providing information about the location of the Toki.com Spot, authenticating and registering the Toki.com Members and Toki.com Visitors, and any additional service that Toki.com offers to the Toki.com Partner or the Toki.com Member.

Toki.com Software or Software: Software distributed by Toki.com or installed into the router of a Toki.com Partner that enables Toki.com Members to access the Toki.com Network.

Toki.com Spot means a public WLAN access point that belong to the Toki.com Network and that is operated by Toki.com, customers of Toki.com, or Toki.com Partners.

Toki.com Visitor is a registered user who does not offer a Toki.com Spot and who purchases and uses paid access to a Toki.comSpot or is otherwise entitled to free limited or unlimited access in virtue of a Toki.com promotion or specific agreement between Toki.com and a Third Party.

Toki.com Website (or Site): Each and every one of the elements and contents of the website from which one can access the products and services provided by Toki.com.

Third Party means any person or entity that is not a party to this Agreement.

ISP means Internet service provider.

Wi-Fi means Wireless communications technology.

You and you: refer to you the Toki.com Member or Toki.com Visitor.

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