Terms and Conditions of Use (“Terms of Use”)

Last updated on: 28 Dec 2021.

Thank you for visiting the Koko website and/or mobile application (the “Platform”).

Please read these Terms of Use carefully before using the Platform. The following Terms of Use govern your use and access to the Platform, including any specific goods or services offered, supplied, produced, provided and/or delivered through our websites and software applications that incorporate or link to these Terms of Use (collectively, the Koko Services) and any music, videos, podcasts, or other material that is made available through the Koko Services or located on our Platform including but not limited to, information, software programmes made available on or through our Platform, communications, images, sounds contained on or available through the Platform, sound recordings, and lyrics (the Content).

Use of the Koko Services may be subject to additional terms and conditions presented by Koko, which are hereby incorporated by this reference into these Terms of Use.

1. INTRODUCTION

1.1 As a precondition for using the Platform, you agree to these Terms of Use. In order to use the Koko Services and access any Content through the Platform, you need to (a) be at least 18 years of age or older, (b) have a parent or guardian consent if you are below the age of 18; (c) you or your parent/guardian have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (d) reside in a country where the Koko Services are available. If you are below the age of 18 or otherwise do not have the authority to enter into an agreement such as these Terms of Use, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to the Terms of Use and Privacy Policy on your behalf.

1.2 By accessing and clicking on the “I Agree” checkbox on our Platform, you agree that you have read and understood the Terms of Use and Privacy Policy which apply to you or in your capacity as a parent or legal guardian. You agree to accept full responsibility for your use and access or your child's use and access to the Platform.

1.3 By using the Platform operated by or for and on behalf of [Koko Music Pte Ltd] and its subsidiaries, affiliates, and parent companies (collectively “koko”, “we”, “our” or “us”), as well as their successors and assign, you agree to be bound by the Terms of Use.

1.4 If you do not agree to the Terms of Use, please do not use, or continue using our Platform.

1.5 We may amend the Terms of Use (including any additional terms and conditions incorporated by reference herein) at any time at our sole discretion and we will notify you of such changes by any reasonable means (before they take effect). The amendments will take effect once they are posted on Terms of Use or the Koko mobile application. You are responsible for reviewing the Terms of Use and other Koko Policies regularly. Any continued use of the Platform after such amendments, whether reviewed by you, shall constitute your agreement to be bound by such amendments. If you do not wish to continue using the Koko Services under the updated terms, you may discontinue using the Platform and/or terminate your use of the Koko Services by contacting us. The effective date set forth at the top of this document indicates when these Terms of Use were last changed.

2. MEMBERSHIP

2.1 Your membership to use the Koko Services will continue until terminated by you or Koko. To use the Koko Services you must have Internet access and a Platform ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and may include payment through your account with a third party. Unless you cancel your membership to use the Koko Services before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method.

2.2 We provide numerous subscription options to the Koko Services. Certain Koko Service subscriptions may be provided free-of-charge, while other options require payment before they can be accessed (thePaid Subscriptions). Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Koko Services membership by visiting final pricing and viewing the plan options under “Our Plans and Pricing”.

2.3 The Paid Subscriptions may not be available to all users. Please view which specific services are available to you when you are signing up for the Koko Services. If you cancel your subscription to the Paid Subscriptions, or if your subscription to such Paid Subscriptions are interrupted (for example, if you change or remove your payment details), you may not be able to re-subscribe for the Paid Subscriptions. Note that the Paid Subscriptions may be discontinued in the future, in which case you will no longer be charged for the Koko Services.

2.4 We may from time-to-time change, modify and/or vary our subscription plans (including but not limited to content bundles and content packaging) and the prices for the Paid Subscriptions , including recurring subscription fees, and we will communicate any price changes to you in advance on reasonable notice and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. As permitted by applicable law, by continuing to use the Koko Services after the price change takes effect, you will be deemed to have accepted the new price. If you do not agree to any price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect. You may contact us at [12 Tai Seng Link, #04-02, Singapore 534233] for further instructions or assistance on how to cancel your Paid Subscription.

2.5 We may from time to time in our sole discretion and subject to any other limitations and terms and conditions offer special trial or promotional offers, plans or memberships (“Offers”). Such Offers and any Offer eligibility are determined by us in our sole discretion and we reserve the right to revoke any Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Koko Services membership to determine Offer eligibility.

3. KOKO SERVICES

3.1 We use reasonable care and skill to keep the Koko Services operational. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you. These may be the case in situations such as:

(a) The Koko Services experiencing temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements; or

(b) The modification, suspension, or stopping (permanently or temporarily) of all or part of the Koko Services (including but not limited to particular functions, features, subscription plans and promotional offerings) in order to make improvements to the Platform.

3.2 You may access the Content primarily within the country in which you have established your account and only in geographic locations and territories where we offer Koko Services and have licensed such content . The Content that may be available will vary by geographic location and may change from time to time. Access to Content on the Platform may be restricted to a certain number of streams, devices, and/or both. The number of users who may have access to use our Content depends on the subscription plan as specified on the Our Plans and Pricing page at final pricing.

3.3 The Koko Services, including the Content library, may be regularly updated . Koko has no obligation to provide and continue to provide any specific content through the Koko Services on the Platform, and Koko or the applicable owners or licensors may remove particular songs, videos, podcasts, and other Content without notice.

3.4 Koko has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, governmental agency, statutory body, and other third parties or events beyond our control.

4. BILLING AND PAYMENTS

4.1 The Paid Subscriptions to the Koko Services and any other charges you may incur in connection with your use of the Koko Services, such as taxes (which may be calculated based on the information you provide and the applicable rate at the time of such monthly charge) and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the user's Account page on the Platform. Some Payment Method service issuers may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. You should check with your Payment Method service issuer for such details.

4.2 The length and frequency of your billing cycle will depend on the type of subscription that you have opted for. You may purchase the Paid Subscription through the payment of a subscription fee in advance on a monthly basis, or some other recurring payment structure disclosed to you prior to your purchase.

4.3 In the event you decide to sign up for the Paid Subscriptions to the Koko Services with a third-party as a Payment Method, you should find the billing information about your Paid Subscriptions by visiting your account with such applicable third-party. Do note that separate terms and conditions with such third party may apply to your use of the Koko Services in addition to these Terms of Use.

4.4 To access the Paid Subscriptions to the Koko Services , you must provide us with one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You may update your Payment Method through the user's Account page on the Platform. You remain responsible for any uncollected amounts. In the event any payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you have not cancelled your Paid Subscription to the Koko Services, we may suspend your access to the Koko Services on the Platform until we have successfully charged a valid Payment Method.

4.5 [Your payment to Koko (or the third party through which you purchased the Paid Subscription) will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. ]You can cancel your Paid Subscriptions to the Koko Services at any time, and you will continue to have access to such Paid Subscriptions to the Koko Services through the end of your billing period, and your subscription will automatically cease thereafter. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Content. If you signed up for the Paid Subscriptions to the Koko Services with a third-party as a Payment Method and wish to cancel your membership to use such Paid Subscriptions, you may need to do so through such third-party.

5. ACCOUNT DETAILS

5.1 If any portion of the Platform requires you to register or open an account (“Koko Account”), you must provide us with accurate, complete, and updated registration information. You may also be asked to choose a login name and a password. Please select a password that would not be obvious to someone trying to guess your password.

5.2 The login name and password, or any other piece of information as part of our security procedures, must be treated as confidential. You must not disclose it to any third party and shall not permit or authorise any person to use your login name or password for any purpose whatsoever.

5.3 The member who created the Koko Account and whose Payment Method is charged (the Account Owner) is responsible for any activity that occurs through the Koko Account. We may treat any access to or use of the Platform at any time by the use of your login name and password as the access to or use of the Platform by you, notwithstanding that it may have been used by any other person without your knowledge or authority.

5.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use. We can also terminate your Koko Account or place your Koko Account on hold in order to protect you, Koko or our partners from identity theft or other fraudulent activity.

5.5 Upon learning that any person has acquired knowledge of your Koko Account password, or has used your Koko Account password to access or use the Platform or effect any transaction (whether with or without your knowledge and consent), you shall do the following:

(a) immediately notify Koko thereof at contact@kokomusic.com;

(b) at the request of Koko, make a police report thereof;

(c) provide Koko with any information relating thereto as Koko may require from time to time; and

(d) immediately change the Koko Account password.

5.6 Koko takes certain precautions to secure the Platform or portions thereof. You agree that such precautions do not guarantee that use of the Platforms is invulnerable to all security breaches, nor does Koko make any warranty, guarantee, or representation that the use of the Platform is protected from all viruses, worms, Trojan horses, and other vulnerabilities.

5.7 During your use of the Platform, Koko may issue to and request from your computer blocks of data knows as “cookies” to enable more convenient browsing when you revisit the Platform. A cookie is a type of data that is sent from the Platform to identify your computer as you use a computer network. It will be stored on your computer and does not have any adverse effect on your computer. You must not alter any cookies sent to your computer from the Platform and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Platform.

6. PERSONAL DATA PROTECTION

6.1 When you access our Platform, we may collect anonymous web statistics collected as you use the Platform and the personal data you provide to us.

6.2 Some portions of the Platform may require you to provide your personal data. Personal data refers to all information relating to you. It includes and is not limited to your name, contact, number, email address, and mailing address, which is obtained by us through your access and use of the Platform.

6.3 We may use your personal information to maintain and enhance your safety and security, prevent or detect fraud, rendering assistance to law enforcement, government or regulatory agencies, or complying with any applicable laws or orders of court. For more information on the collection and use of your personal data, please see our Privacy Policy.

6.4 Any information disclosed in the public areas of the Platform becomes public information. Please exercise caution when disclosing your personal information in this way.

7. INTELLECTUAL PROPERTY RIGHTS AND USE OF THE KOKO SERVICES

7.1 The Platform is owned and operated by Koko.

7.2 You agree to use the Koko Services and the Platform, including all features and functionalities associated therewith, in accordance with these Terms of Use, all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.

7.3 The Content, is protected by intellectual property rights and other forms of proprietary rights. All rights, title and interest in the Content is owned by, licensed to or controlled by Koko, its content providers and/or third party licensors. Subject to your compliance with these Terms of Use (including any other applicable terms and conditions), you are granted a limited, non-exclusive, non-transferable right to access the Koko Services and Content. Except for the foregoing, no right, title or interest shall be transferred to you. You further agree that you will not use the Koko Services and/or Content for public performances.

7.4 You agree that the Content of the Platform must not be archived, displayed, reproduced, performed, published, licensed, offered for sale, adapted, modified, transferred, distributed, republished, translated, or post or transmitted in any form without the prior written consent of Koko. Your access and use of the Platform shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos or service marks appearing on the Platform without Koko's prior consent.

7.5 You must not use any part of the Content on the Platform for commercial purposes without obtaining consent from Koko.

7.6 You shall not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Koko Services; use any robot, spider, scraper, virtual private network (VPN) or other automated means to access the Koko Services; modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the computer systems and other technology that operate the Platform, create derivative works based on the Platform, insert any code or product or manipulate the content of the Koko Services in any way; or use any data mining, data gathering or extraction method. For the purposes of these Terms of Use, any reverse engineering shall include the examination, analysis of the Platform to determine the source code, structure, organisation, internal design, algorithms or encryption of the Platform's underlying technology.

7.7 If you do any of the above to the Content of our Platform in breach of these Terms of Use, we have the right to immediately terminate or suspend your use of the Platform and the Koko Services, and you must, at our option, return or destroy any copies of the material you have made.

8. UPLOADING OF CONTENT TO THE PLATFORM

8.1 You understand that you are responsible for any content that you post or transmit on or through the Platform.

8.2 You warrant that any such contribution does comply with our Terms of Use, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

8.3 You agree to not cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Koko or any of its customers or users of the Platform by any means.

8.4 You agree to use the Platform in a manner consistent with all applicable laws and regulations. Specifically, you will not use the Platform to upload, post, transmit, distribute, link to, or solicit content that:

(a) contains any advertising and promotional message;

(b) violates or infringes any laws, regulatory requirements, or codes applicable in Singapore;

(c) infringes or violates any copyright, trademark, or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;

(d) contains any obscene, offensive, defamatory, or otherwise actionable material;

(e) is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Koko Services, including any software viruses or any other computer code, files or programs;

(f) undermines the security or integrity of the Platform, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damages, surreptitiously intercept or expropriate such equipment, systems, or networks;

(g) contains any errors, whether technical or otherwise; or

(h) contain any material in any form that would otherwise render Koko liable or expose Koko to any proceedings whatsoever.

8.5 You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the Platform or any portion of the content contained therein without Koko's express written permission.

8.6 You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform, or to impose an unreasonable or disproportionately large load on the servers serving the Platform.

8.7 You agree to grant Koko a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, broadcast, publicly display and publicly perform any materials and other information you submit to the Platform by all means and, in any media, now known or hereafter developed. You also grant to Koko the right (though you acknowledge and agree that Koko shall not be so obliged) to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Koko for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

8.8 Except for any personal data which we have agreed to keep confidential, any other data including but without limitation to feedback, data, questions, comments, suggestions or the like that you send to us through the Platform, will be treated as being non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send to us for any purpose whatsoever including but not limited to developing, manufacturing, marketing products and services incorporating such information.

8.9 We also have the right to disclose your identity to any third party who is claiming any content you posted or uploaded to our Platform constitutes a violation of their intellectual property rights or of their right to privacy, in accordance with our Privacy Policy.

8.10 We shall have the right, but not the obligation, in our sole discretion to monitor, refuse or remove any content that is available via the Platform. Without limiting the foregoing, we shall additionally have the right to remove any content that violates these Terms of Use or is otherwise objectionable and we may terminate or restrict your use of the Koko Services or the Platform if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Koko Services or the Platform.

9. THIRD PARTY APPLICATIONS AND HYPERLINKS TO THIRD PARTY WEBSITES

9.1 The Koko Services may be integrated with, or may otherwise interact with, third-party applications, websites, and services (Third-Party Applications) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (Devices). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Koko does not guarantee that Third-Party Applications and Devices will be compatible with the Koko Services. You agree that you may automatically receive updated versions of any Platform related software and related Third-Party Applications.

9.2 The Platform may contain information or hyperlinks to other websites, which are neither maintained nor controlled by Koko, or may contain content posted on or through the Platform by third parties. Koko shall not be responsible for any errors or omissions in any content on the Platform, or the content, information, products or services of any hyperlinked website or any hyperlinked website or any hyperlink contained in a hyperlink website, the security and privacy practices employed by these other websites, and shall not be liable for any loss or damages of any kind incurred as a result of the use of any content or reliance on such information posted or contained in any emails or otherwise transmitted or displayed through the Platform, or arising from access to those websites.

9.3 The use of the Platform and any hyperlinks and access to such hyperlinked websites shall be entirely at your own risk. You acknowledge that Koko does not endorse, has no control over, and excludes all liability for any material on the Internet that can be accessed by using the Platform.

10. RULES ON LINKING TO OUR PLATFORM

10.1 You agree that caching, hyperlinking to, and framing of the Platform or any of the contents are strictly prohibited.

10.2 Koko reserves all rights to disable any links to, or frames of any site containing inappropriate, profanatory, defamatory, infringing, obscene, indecent, or unlawful topics, material, information, including material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

11. DISCLAIMER OF WARRANTIES

11.1 You expressly understand and agree that you assume total responsibility and risk for your use of the Platform and the Internet. Koko does not make any express or implied warranties, representations, endorsements whatsoever, including but not limited to warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose in relation to the Platform, any merchandise, information, or services provided through the Platform or on the Internet in general. Koko shall not be liable for any damage or loss of any kind, howsoever caused as a result (indirect or direct) of the use of the Platform or any transaction, including but not limited to any damage or loss suffered as a result of reliance on the Content contained or available on the Platform.

11.2 Any features or specifications of merchandise advertised, provided, or made available on the Platform are subject to change without further notice. Any measurements, including weight, colour, and sizes or merchandises are only estimated measurements.

11.3 Koko makes no guarantee, endorsement, representation or warranty, term, or condition of any kind, whether express or implied that the merchandise as advertised, provided and/or made available on the Platform are of good title, correspond with the description, merchantability or are of satisfactory fitness or quality for any general or particular purpose.

11.4 The Content on the Platform is provided on an “AS IS” basis without warranties of any kind. Koko does not warrant and hereby disclaim any warranty:

(a) that the Platforms will meet your requirements or will always be accessible;

(b) as to the accuracy, correctness, reliability, non-infringement, title, merchantability, or fitness for any particular purpose of the Content of the Platform; and

(c) that the Platform or any functions associated therewith will be uninterrupted, secure, timely or error-free, that errors or defects will be corrected, or that the Platform and the server will be free of all bugs, viruses, or invasive or damaging code.

11.5 The Content of the Platform does not constitute financial, legal, or other professional advice. If financial, legal or other professional advice is required, the services of a competent professional should be sought.

11.6 Any Content downloaded, uploaded or otherwise obtained through the use of the Platform in accordance with these Terms of Use is done at your own discretion and risk. You are solely responsible for evaluating the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the Platform or on the Internet generally.

11.7 You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

12. LIMITATION OF LIABILITY

12.1 Koko does not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any information, product or process disclosed on the Platform or other contents accessible from the Platform. In no event shall Koko, its subsidiaries, affiliates, associates and related companies, including the employees of all of the foregoing, be liable for any incidental, consequential, direct, indirect, or any losses or damages whatsoever, including but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, or loss of anticipated savings, or business interruptions, or any other loss, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of or inability to use the Platform, delays, inaccuracies or errors in the information or in the transmission of the Platform, or any information or transactions provided on or over the Platform or downloaded or hyperlinked from the Platform, or performance of the Content of this Platform, even if Koko has been advised of the possibility of such damages.

12.2 At any time, if you are dissatisfied with any portion of the Platform, or with any of the Terms of Use, your sole and exclusive remedy is to discontinue using the Platform.

13. INDEMNITY

You hereby agree to indemnify and hold Koko harmless at all times against all actions, proceedings, costs, claims, expenses (including all legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect, or consequential), and damages (whether in tort, contract, or otherwise) whatsoever and howsoever arising, including claims made by third parties and claims for defamation, infringement of intellectual property rights, wrongful use of computers, unauthorised or illegal access to computers, or pecuniary losses which Koko may sustain, incur, suffer or pay arising out of, or in connection with, your access to and use of the Platform, whether or not such access and use were authorised or whether such access or use was due to any act or omission on your part.

14. TERMINATION

14.1 These Terms of Use will continue to apply to you until your use of the Koko Services and/or the Platform is terminated by either you or Koko. You agree that Koko, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Koko Services and/or the Platform and remove and discard any content within the Koko Services and/or the Platform, for any reason, including, without limitation, for lack of use or if Koko believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or any applicable laws and regulations.

14.2 Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Koko Services and/or the Platform may be referred to appropriate law enforcement authorities. Koko may also in its sole discretion and at any time discontinue providing the Koko Services, or any part thereof, with or without notice. Further, you agree that Koko will not be liable or responsible to you or any third party for any termination of your access to the Koko Services and/or the Platform.

15. GOVERNING LAW

The Terms of Use and other Koko Policies shall be governed and construed in accordance with the laws of Singapore without regard to its conflict of law provisions, and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the Courts of the Republic of Singapore.

16. NO WAIVER

Koko's failure or delay to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

17. INVALID TERMS

If any one or more of the provisions is or becomes illegal, invalid, or unenforceable in any respect, neither the legality, validity or unenforceability of the remaining provisions hereof shall in any way be affected or impaired thereby.

18. CUSTOMER SUPPORT

To find more information about our service and its features or if you need assistance with your account, please visit the contact us at 12 Tai Seng Link, #04-02, Singapore 534233.

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