TOMOUH

 

Terms & Conditions

 

The terms and conditions (“Terms and Conditions”) set out below govern your use of Tomouh website and Tomouh membership (the “Membership”). By accessing Tomouh’s website, you agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions you must not use Tomouh or any of the services provided by it. Your use of the Tomouh is expressly conditioned upon your acceptance to all the Terms and Conditions stated herein, to the exclusion of all other terms. 

  

Article (1): Conditions of Membership and Use of Tomouh’s Website & Services

 

1.      You understand and agree that your use of Tomouh’s website and services must be in accordance with the Terms & Conditions. Subject to your observance of the Terms and Conditions, we allow you to access the website as it may exist and be available on any day and we have no other obligations, except as expressly stated in these Terms and Conditions. We may modify, update, replace, refuse access to, suspend, restrict, discontinue or terminate the Tomouh website partially or entirely, or change and modify costs for all or part of the services or your membership at our discretion without prior notice. Your use of the Tomouh’s website constitutes your acceptance of the Terms and Conditions as modified.

 

2.      We advise you to seek professional advice before relying on any information provided herein and under no circumstances will Tomouh be liable in any way for any information provided on the website or through services, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred in connection with the use of or exposure to any content. We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted or generated by members, nor do we endorse any opinions expressed by its members.

 

3.      You acknowledge that you shall be governed by the Terms and Conditions by accessing Tomouh’s website even though you are not registered as a registered member of Tomouh. Registered members shall have additional benefits provided by Tomouh at its sole discretion from time to time.

 

4.      To become a registered member of Tomouh, you are required to register with us and subject to approval of your registration, we shall provide you with a username and password via email or the website. You must treat your username and password as confidential and must not disclose it to any third party. You are responsible for the confidentiality and security of your username and password. We have the right to disable any username or password at any time to safeguard your account and/or Tomouh from security threats, or where in our opinion, you fail to comply with any of the applicable Terms and Conditions.

 

5.      We reserve the right to verify any information provided by any of our members.

 

6.      You will be responsible for making all arrangements necessary, at your cost, for you to have access to Tomouh’s website.

 

7.      All members are obligated to reply to direct messages and direct emails originating from Tomouh or members.

 

8.      If you have any reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your username, password, or any credit, debit card), it shall be your responsibility to immediately notify Tomouh. You will be solely liable for the losses incurred by Tomouh or others due to any unauthorized use of your account.

 

9.      You will be solely responsible for and assume all liability regarding any information or content posted through your account or otherwise made available to the Tomouh network or community.

 

10.   We provide a platform and environment for connecting with members and sharing information. If members enter into agreements amongst themselves or with others, we cannot be deemed as a contracting party to these agreements and cannot be held liable or accountable for these agreements in any manner whatsoever.

 

11.   You will be responsible for and assume all liability regarding any interactions between you and other members through Tomouh, both within Tomouh’s website or otherwise.

 

12.   While using Tomouh’s website and/or services, you undertake not to:

 

(a)    use Tomouh for any purposes other than for the purposes authorized  under the Terms & Conditions and not to facilitate or encourage any violations of the Terms & Conditions;

 

(b)    bully, intimidate, abuse, stalk, threaten, or harass or violate the rights of privacy and publicity of any person, such as (without limitations) posting identification documents or sensitive financial information of others;

 

(c)    attack or discriminate against others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition, online or at any Tomouh meeting, gathering, event, or any other venue facilitated by Tomouh or otherwise. You must at all times respect cultural differences and differences of opinion;

 

(d)    make any statements or publish content that we consider as hate speech, threatening, pornographic, libelous, scandalous, abusive, obscene, discriminatory, unlawful, inciting violence, containing nudity or graphic or gratuitous violence. This includes statements or content that you publish through Tomouh’s website as well at any Tomouh meeting, gathering, event, or any other venue facilitated by Tomouh or otherwise;

 

(e)    post content or initiate any communications described in (d) above through any account or group hosted by a third party website, such as Facebook, Twitter or LinkedIn;

 

(f)     use, display, share or transfer through Tomouh’s website or at any Tomouh meeting, gathering, event, or any other venue facilitated by Tomouh or otherwise, any user's personal or professional data, orally, verbally, digitally or in manner inconsistent with our privacy policy, or without prior written consent from such user,  or in violation of any law. You shall at all times conduct yourself with integrity in all Tomouh interactions, online and offline and shall respect other members by not contacting them in a way that is deemed inappropriate or annoying;

 

(g)    request for jobs, funding or financial support, references (unless applicable), introductions to non-Tomouh contacts or any other similar requests, directly from other Tomouh members without appropriate prior networking or establishing relationship with them;

 

(h)    access Tomouh’s website through accounts of others without permission, or forge another person’s digital signature, or misrepresent the source, identity, or content of information transmitted via Tomouh’s website or perform any other similar fraudulent activity;

 

(i)      impersonate any person or entity including impersonating any Tomouh spokesperson, employee or affiliate, purporting to speak on behalf of Tomouh, or falsely claim affiliation with any person, member or entity;

 

(j)      communicate any unauthorized commercial communications (such as spam) on Tomouh’s website or upload files that contain software or content protected by intellectual property laws (patents, trademarks, trade secrets, copyrights or other proprietary rights)or by rights of privacy of publicity, unless you own or control such rights or have received all necessary consents;

 

(k)    upload files containing viruses, hacks, automation software (bots); adware, spyware, worms, Trojan horses, keyboard loggers, time bombs and other malicious code and/or any other unauthorized third-party software or corrupted files or any other similar software or programs that may damage the operation of another's computer or do anything that could disable, overburden, or impair the proper working or appearance of Tomouh, such as a denial of service attack or interference with page rendering or hampering other Tomouh functionality;

 

(l)      remove, circumvent, disable, damage or otherwise interfere with security related features of Tomouh’s website or reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Tomouh’s website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

 

(m)    advertise or recruit for other networks or entities directly or in-directly conflicting or in competition with Tomouh;

 

(n)   directly or indirectly transfer any data you receive from us to (or use such data in connection with) any other network, data broker, or other advertising related toolset, even if a user consents to such transfer or use.

 

(o)   rent, lease, sell, resell, distribute any information or content provided by or related to Tomouh or modify, adapt, translate or create derivative works based on statements or material on Tomouh’s website;

 

(p)    except with Tomouh’s prior, written consent, use Tomouh’s name in connection with any events or publications, (directly or indirectly) whether such event or publication is held offline or online. Neither will you use our name (including Tomouh, Tomouh network and Tomouh Logos), or any confusingly similar marks without our prior written permission;

 

(q)    misrepresent your relationship with Tomouh to others.

  

13.   As a member of Tomouh, you are strictly prohibited from contacting members for the purpose of direct recruitment for a company, organization, enterprise, firm, non-profit or any other commercial entity unless it is such entity in which you or your immediate relatives' ownership or commercial interest surpasses 50% of such entities' assets. All other entities are to submit an application to be featured on our ‘Job Board’ or other career related services provided by Tomouh.

 

14.   We reserve the right to remove any statements or communication posted on Tomouh’s website by you or by other members at our sole discretion without requiring any reason or for such reasons including, but not limited to, that the content is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any third party’s intellectual property, privacy or other rights.

 

15.   While we do our best to monitor the content on Tomouh’s website, however, you may still encounter contents that you may find objectionable. Under such circumstances it shall be your obligation to immediately notify Tomouh of such content, for us to take appropriate action, however, Tomouh shall have absolute right to decide on whether the content is objectionable or not. You agree that we shall not be liable for any such content which is found to be objectionable by you or any other member.

 

16.   By posting or submitting the content or information on Tomouh’s website, you automatically grant Tomouh a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on Tomouh’s website. You accept that Tomouh may post photographs showing you attending Tomouh meeting, gathering, event, or any other venue facilitated by Tomouh or any other content related thereto, in which you can interact with members, on the Tomouh website. We may also issue a press release describing our relationship with you.

 

17.   You accept that Tomouh may make available new or existing “beta” features on the Tomouh website, which members may test or with which they may experiment. Any of these “beta” features or tools may be modified or discontinued by Tomouh at any time without notice and shall be offered without any warranty of any kind whatsoever. Additionally we may post any content of experimental nature to ensure the functionality of Tomouh’s website or to assist members in troubleshooting, or may create testing and guest accounts.

 

18. You acknowledge and agree that the Service provided by this Agreement is in Beta version (i.e. not yet finalized) and as such is still going through testing. And that you are well aware of the possibility for errors (bugs) that may affect the proper functioning or security of the Service and, therefore, indemnifies Tomouh against any potential damage caused by said situation, even to third parties.

 

19. You acknowledge and agree that the Service provided by this Agreement is based on evolving technologies, for which reason Tomouh reserves the right to modify the Service (including its graphical interface) at any time and without notice, when this is necessary due to technological developments that improve the Service.

 

20.   Tomouh makes no representations as to the duration of Tomouh’s website and services and/or Tomouh and reserves the right to suspend, limit or terminate the website and services and/or Tomouh including memberships at any time without notice.

 

21.   Tomouh reserves the right to remove or cancel, at any time, any offers, services, access, promotions, member privileges or events presented to you by Tomouh.

  

22.   You assume all risk while using Tomouh’s website, including but not limited to technology, security, and privacy risks, any risks associated with online or offline interactions with members, any other individuals introduced by members or individuals you meet at any Tomouh event. You agree to take all necessary precautions when meeting members, any other individuals introduced by members or any individuals encountered at any Tomouh event.

Article (2): Registration, Membership Fee & Payment

 

 

1.      You will need to register to become a member of Tomouh ("Member"), if you wish to avail or benefit from the services provided by Tomouh. The Tomouh membership is subject to the membership fee, which shall be determined by us from time to time (the “Fee”). Your membership shall not be effective until we receive the payment of the Fee amount in full.  

2.      By registering with us, you agree to pay your Fee in full and by such time and method as communicated to you through email, phone or Tomouh’s website.

 

3.      Your Tomouh membership term shall be for an initial term of one (1) calendar year (“Term”). Your membership Term shall begin on the date Tomouh conveys its approval to your registration application, post realisation of the payment of the Fee amount and finishes on day before the calendar date of the following period. This Term shall be automatically renewable for similar periods and on Tomouh’s current Terms and Conditions, which shall be available on Tomouh’s website.

 

4.      You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, we shall have the right to cancel your membership and refuse any and all current or future use of Tomouh’s services. In such case, you shall not be entitled to any refund for the remaining period.

 

5.      You will be charged in advance of your membership Term. In addition to the Fee you may also incur additional transaction based charges or “cross-border fee” or other bank charges as applied by your bank or financial institution. We hold no responsibility of any nature whatsoever for any fees/charges and like, levied by such bank or financial institution while processing your payment request. All fees shall be payable in United States Dollars (USD).

 

6.      You can pay your Fee by providing us a payment instrument, by doing so you confirm that you are permitted to use such payment instrument and agree that Tomouh shall not be liable in any way whatsoever for your use of such payment instrument.

 

7.      By initiating the payment transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument designated by you. In the event that a payment transaction is not completed successfully, your Tomouh membership shall not be effective. We do not share your payment details with any third parties (other than our designated payment processor). We do not store the details of your payment instrument. However, our designated payment processor may store such details should you opt for an automatic reoccurring payment method as set out directly below.

                      

8.      Unless we receive your express written request not to renew the Tomouh membership, at-least sixty (60) days in advance of the expiry date, you hereby authorise us to automatically renew your Tomouh membership for a similar Term in accordance with Tomouh’s current Terms and Conditions (“Membership Renewal”). In order to renew your Tomouh membership, you undertake to pay your Membership Renewal fee (the “Renewal Fee”) no later the end of your current membership Term. If you opted for an automatic reoccurring payment method, you are deemed to authorise our designated payment processor to store the details of your payment instrument and automatically charge your payment instrument the Renewal Fee.

 

9.      In the event you/we are unable to process the Renewal Fee for any reason whatsoever, your Tomouh membership shall not be renewed and shall be suspended for a period of thirty (30) days. Where even after the lapse of the said thirty (30) days period, we do not receive the payment towards the renewal of your Tomouh account, your Tomouh membership shall automatically terminate, without attributing any cost or liability, for any nature whatsoever to Tomouh.

 

10.   If a free period is offered to you and you do not cancel your Tomouh membership during the free period, you hereby authorise our designated payment processor to automatically charge your payment instrument for the payment of the Tomouh membership Fee in full, at the end of such free period in accordance with Tomouh’s current Terms and Conditions. Should you not intend to continue after the said free period, it shall be your responsibility to timely cancel your Tomouh membership account, at-least seven (7) days prior to the expiry of such free period.

 

11.   You shall not be charged where your Tomouh membership is terminated by us, prior to or upon the expiry date of the current Term of your Tomouh membership.

 

12.   Tomouh reserves the right to review and change the Tomouh Membership fee at any time. Changed fees are only applicable upon renewal or new membership registrations.

 

13.   Fees relating to any offer or services provided or facilitated by Tomouh, including but limited to events, may be subject to separate terms outlined in the communication relating to such offering.

 

14.   You are responsible for providing complete and accurate bank account details for payment of any applicable refunds. If you cancel your Tomouh membership you are not entitled to any refund for the remaining period. However, if your Tomouh membership is cancelled by Tomouh for no reason or cause, then Tomouh shall refund the remaining part of your membership fee on pro-rata basis (depending upon the remaining number of months) within thirty (30) days from the date of cancellation. 

 

Article (3) Privacy

 

A.     General

 

Your privacy is very important to us. This privacy policy covers our treatment of personally identifiable information (“Personal Information”) and any other information that we gather when you are accessing or using our website or that you provide to us. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. Please read the following carefully to understand your rights and how we aim to protect your rights

 

1.      When you become a member of Tomouh, you may be required to share some Personal Information including but not limited to your name, email address, mobile number, nationality, location, occupation, schools/universities attended, certifications earned and other data you upload or enter into your profile. On all Personal Information shared by you, Tomouh shall have proprietary right and you hereby grant Tomouh the right to use the same at its absolute discretion. We may also collect data about your navigation on Tomouh’s website on an aggregate basis, such as your Internet Protocol Address (“IP Address”), which is identified and logged automatically in our server log files whenever you navigate Tomouh’s website, your Internet Service Provider (“ISP”), your login frequency, the pages you visited within Tomouh’s website, and the Internet browser or device you are using.

 

2.      We may use this Personal Information to personalize and improve our services, to allow our members to set up a member account and profile, to contact members, to fulfil your requests, to analyze how members utilize the website, and as otherwise set forth in this Privacy Policy.

 

3.      We will not share your Personal Information with any external party for any commercial use without your consent, except in accordance with what is stated in these terms, however, your profile will be visible to all other Tomouh members.

 

4.      A member shall be deemed to have given its consent where the member either gives acceptance by clicking the ‘Accept’ button on the website (where applicable) or where the member is notified of the required disclosure and no opposition is received for such disclosure in writing (by email to info@tomouh.net) within three (3) days from our request to disclose Personal Information.  

 

5.      We may disclose your Personal Information:

 

a.      To identify, contact or bring legal action against you if you are violating the Terms and Conditions or other rules or if we believe you are causing injury or interference with the rights of members, the general public or Tomouh.

b.     If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce the Terms and Conditions and other agreements or to protect our rights, property, or safety of our customers, or others.

 

6.      Your use of Tomouh’s services shall imply your acceptance to this privacy policy and while using Tomouh’s website and/or services, you agree, understand and undertake the following:

 

a)       Your account is for your own personal use only and its security is your responsibility. You shall at all times keep your login information safe. You will use browser options like “save password”, “remember me” and “keep me logged in” features (or other similar features) only if it is your personal system and no one else accesses your computer system.

 

b)      It shall be your responsibility to use unique password(s) and change your password(s) periodically and take all and any similar preventive steps to safeguard your Personal Information.

 

c)       You shall not under any circumstance share your personal account information with others, even family or close friends or allow anyone else to access/operate your account. You shall be solely responsible for your account, including without limitation, payments made/approved, content and/or information posted or any other use or misuse of your Tomouh account or the Tomouh website or services.

 

d)      That your browsing data or any other data collected from you may be transferred to and stored at, any destination around the world by us or any other party we deal with. This Personal Information available with us shall be processed on our behalf by our staff or our suppliers, contractors, volunteers, or any other related parties in any country around the world. By consenting to this Privacy Policy and collection and processing of your Personal Information you agree to such transfer, storing or processing.

 

e)       If your debit/credit card number (or like payment instrument) details are validated on Tomouh’s website, your card number and other payment details will not be stored by Tomouh nor our third party payment processor.

 

f)       We shall not be in any way whatsoever be responsible for any unauthorised use of your Personal Information, by any third parties or any Tomouh member which is due to your acts or omissions (direct or indirect).

 

g)      We may use your Personal Information for new/unanticipated uses not previously disclosed in this privacy policy. Where such use is for commercial reasons, relating to third parties, we shall notify accordingly by email. You shall then have ten (10) days from the date of receiving such notification from us to submit your opposition in writing (by email to info@tomouh.net) and where you fail to notify us within the said ten (10) days, you will be deemed to have given your acceptance for the same.

 

B.     Sharing Your content and Information

 

1.       You can control the content and information you post on Tomouh’s website through editing your profile on Tomouh’s website or by emailing us (on info@tomouh.net)to make the change if the website does not allow editing any specific information. We shall not be liable for any delay in complying with your request. Notwithstanding the foregoing, you shall be solely responsible for all content and information posted/made available by you.

 

2.       You shall at all times keep your information accurate and up-to-date.

 

3.       When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that the removed content may still persist in backup copies and in communication between us for a reasonable period of time (but will not be available for view, to the other members).

 

C.     Eligibility, Registration and Account Security

 

1.       Use of the Tomouh website and services  as well as membership in Tomouh is not available to the general public and require an application from a person aged eighteen (18) years or over who does not already have an active account, or has not previously been suspended or removed from Tomouh.

 

2.      By registering and using Tomouh, you represent that you have full authority and capacity to use Tomouh’s website and services and agree to be bound by the Terms andConditions (and any modifications thereto), and that the said Terms and Conditions do not violate any other agreement to which you are legally bound.

 

3.      By applying to use, or using Tomouh’s website and services, you represent that you have never been convicted of felony or act of terrorism and have never been registered to or are not currently registered as a sex offender or terrorist with any government entity. Tomouh reserves the right (but not require) to perform criminal background screenings to confirm your compliance with the Terms and Conditions.

 

4.      By applying and while using Tomouh, you represent that you are not a competitor of Tomouh and that you are not using Tomouh for reasons that are in direct or indirect competition with Tomouh or not in best interest of Tomouh.

 

5.      As a member of Tomouh, you warrant that you are using Tomouh’s website as a private individual for private use only, and not on behalf of or representing any form of commercial entity, corporation, other business organization, legal entity or government entity unless expressly permitted in writing by Tomouh.

 

6.      You must be the acting agent or a relevant party in the offers posted by you to the members. You should not post offers to members on behalf of someone else.

 

7.      You agree that you will not violate any trademark rights, copyright or any other rights (public or private) of Tomouh, nor will you violate the Terms and Conditions (as applicable).

 

8.       Tomouh users are required to, at all times, to provide their real name and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

 

a)       You shall not provide any false personal or professional information on Tomouh, or create an account for anyone other than yourself.

b)      You shall not share your password, or let anyone else access your account, or do anything to jeopardize the security of your account. You are accountable for all the activities from your account, with or without your knowledge or permission. If you knowingly provide your login information to another person your membership may be suspended or terminated.

c)      You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.

 

9.       We shall use reasonable endeavours to protect your Personal Information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Nevertheless, we are not liable for any such loss, theft, unauthorized access, disclosure, copying, use or modification of data, howsoever occurring.

 

10.    Tomouh assumes no liability for the activities of any Tomouh member account.

 

D.      Disagreements and Reporting Abuse 

 

1.      Help us maintain Tomouh as a safe, professional and trusted community by reporting any abusive behaviour. If you see something on Tomouh that you believe violates Tomouh’s Terms and Conditions, you should immediately report it to us at info@tomouh.net.

 

2.      All members are entitled to have differences of opinion, and it is inevitable. Members are expected to be prudent and disagree without offending others. Please remember that “to disagree” does not necessarily constitute “abuse.” ‘Abuse reports’ on a member who is unpopular is neither fair nor welcomed.

 

3.       Please keep in mind that reporting against a message or a member does not guarantee that it/they will be removed from Tomouh’s website, as because of the diversity of our community, it's possible that something could be disagreeable or disturbing to you without meeting our discretionary criteria for being removed or blocked.

 

4.       The absolute authority to decide if a certain behavior, content and/or information is abusive or not, shall vest with Tomouh only and you hereby provide your express consent to any such decision made by Tomouh acting in its sole discretion.

 

E.     Mobile and Other Devices

 

1.     When it is available, our mobile app services will be for free or a set clearly mentioned cost to the relevant account holders, but please be aware that your carrier's normal rates and fees, such as text messaging and internet fees, will still apply.

 

2.     In the event you change or deactivate your mobile telephone number, it shall be your responsibility to update your account information with us within seven (7) days, to ensure that we or the Tomouh members do not contact the person who acquires your old number.

 

3.     When such a feature is available, you provide us your consent and all other necessary rights to allow us to enable users to synchronize (including through an application) their devices with any information that is visible to them on Tomouh.

 

F.     Idea Submission Policy

 

1.    Tomouh may, from time to time, accept or consider feedback and/or ideas from members, including, without limitation, ideas or suggestions for new or improved features of Tomouh (collectively “Ideas”). If you choose to submit your Ideas to us or to any of our employees, volunteers, and/or contractors, then you hereby grant us and our designees a worldwide, exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Ideas to others.

 

2.    In the event that Tomouh incorporates your Ideas or adopts a feature, product or strategy that may be similar to your Ideas, you acknowledge that you shall not make any claims against Tomouh in connection therewith, and shall fully indemnify Tomouh if, despite your agreement not to pursue any claims against Tomouh, you choose to do so. Please remember that you have no obligation to submit any Ideas to Tomouh and, if you do submit anything to us, you have no expectation of credit or compensation of any kind. If you don’t agree with this, please do not submit any Ideas or materials to Tomouh.

Article (4) Termination

 

1.       If you violate the letter or spirit of the Terms and Conditions, act in a manner that is not acceptable by us/Tomouh members or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Tomouh services to you at our own discretion. You agree that Tomouh, in its sole discretion, for no reason or for reasons including, without limitation, suspicion of illegal behaviour or breach of the Terms and Conditions, and without penalty, may suspend, restrict and/or terminate any account (or any part thereof) and remove and discard all or any part of your account, profile, and any postings, at any time, without being obligated to refund the Fee paid by you.

 

2.       You agree that any suspension and/or termination of your access to Tomouh’s website may be affected without prior notice, and you agree that Tomouh shall not be liable to you or any third party for any such suspension and/or termination.

 

3.       You may cancel your membership prior to the end of expiry if the Term, to avoid Membership Renewal or opt-out of Tomouh at any time by emailing us at info@tomouh.net, giving us reasonable time to act upon such request. We shall not be liable for any delays in processing your requests. Please be advised that processing the request may take a minimum of thirty (30) days. You acknowledge that if you cancel your Tomouh membership, you will not be reimbursed for your membership fee already paid or any part thereof.

 

4.       Should you wish to return to Tomouh after cancelling your membership, you will be required to submit a fresh application to be reviewed by the Tomouh membership committee.

 

5.       We take no guarantee that your reapplication will be successful. Returning to Tomouh after having your membership cancelled or terminated is subject to our membership committee’s absolute discretion.

 

6.       Your only remedy with respect to any dissatisfaction with (a) Tomouh, (b) the Terms and Conditions, (c) Tomouh’s website or services, (d) any policy or practice of Tomouh in operating Tomouh, or (e) any Content or information transmitted through Tomouh is to cancel your Tomouh membership. You may terminate your membership at any time by opting-out of Tomouh. Notwithstanding any such termination, all provisions that by nature or express terms should survive, shall survive such termination or expiration.

 

Article (5) Governing Law and Dispute Resolution

 

1.       The Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales without regard to conflicts of law.

 

2.      Any dispute arising out of or in connection with the Terms and Conditions, including any question regarding its existence, validity or termination, or relating to any non-contractual or other obligation arising out of or in connection with the Terms and Conditions or the consequences of their nullity, shall be referred to and finally resolved by arbitration in accordance with the Rules of the London Court of International Arbitration (the “LCIA Rules”), which Rules are deemed to be incorporated by reference into this clause. The seat and place of arbitration shall be London, United Kingdom. The language to be used in the arbitration shall be English.

 

Article (6) Amendments

 

1.     We reserve the right, at our discretion, to change, modify, add, suspend, terminate or remove portions of the Terms and Conditions at any time without notice including, but not limited to, changes for legal, operational, financial or administrative reasons, to correct inaccurate statements, or for any other reason.

 

2.     Tomouh reserves the right to change or adjust membership criteria and/or to make changes in the existing membership at any given time.

 

3.    Tomouh reserves the right to make changes to Tomouh’s website and services at any given time, to charge for its services or for particular features, and to modify any fees or services. 

Article (7) Cookies

 

1.    We use cookies on Tomouh’s website and other technologies to recognize you and uniquely identify your browser. This helps us to provide you with a good experience when you use Tomouh’s website and also allows us to improve the website, applications and Tomouh in general. By continuing to use the website, applications and Tomouh in general, you agree to our use of cookies.

2.    A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer as per the related settings. Cookies contain information that is transferred to your computer's hard drive. We use the following cookies among others:

·       Strictly necessary cookies: These are cookies that are required for the operation of Tomouh’s website. They include, for example, cookies that enable you to log into secure areas of Tomouh’s website.

·       Analytical/performance cookies: They allow us to recognize and count the number of visitors and to see how visitors move around the website when they are using it. This helps us to improve the way the website works, for example, by ensuring that users are finding what they are looking for easily and monitoring the number of communication threads initiated through the website.

·       Functionality cookies: These are used to recognize you when you return to Tomouh’s website. This enables us to personalize our content for you, such as greet you by name.

 

3.    Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or indicate when a cookie is being sent. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the website.

Article (8) Ownership and Proprietary Rights

 

1.    Tomouh’s website and services are owned and operated by Tomouh. All materials, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of Tomouh provided by Tomouh (collectively, the “Materials”) are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that is provided and owned by members, all Materials contained on Tomouh are the property of Tomouh or its subsidiaries, affiliated companies, third-party licensors and/or any related parties. All trademarks, service marks, and trade names are proprietary to Tomouh or its affiliates and/or third-party licensors. Except as expressly authorized by Tomouh, you agree not to use, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Tomouh reserves all rights not expressly granted in the Terms and Conditions. For the avoidance of doubt, any and all derivative works are Materials and are owned exclusively by Tomouh.

 

2.    By accessing Tomouh you commit to not delete or in any way alter any copyright, trademark or other proprietary rights notice on Tomouh’s website or content provided by any member.

Article (9) Limitations and Disclaimer of Warranty

 

1.     Under no circumstances, including but not limited to, negligence, will Tomouh or its affiliates, contractors, shareholders, directors, employees, volunteers, agents, or third-party partners, licensees, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the Terms and Conditions or that result from your use of or your inability to use the service or any third party sites, or any other interactions with Tomouh, even if Tomouh, its third-party partners, licensees, licensors, or suppliers or a Tomouh authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Tomouh’s liability, and the liability of its third-party partners, licensees, licensors or suppliers, if any, will be limited to the fullest extent permitted by applicable law.

 

2.    We try to keep Tomouh’s website, bug-free, and safe, but you still use it at your own risk. The materials on Tomouh's website are provided "as is" without any express or implied warranties and hereby disclaims and negates all other warranties including without limitation, implied warranties or conditions of merchantability, privacy, security, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tomouh does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. We do not guarantee that Tomouh will always be safe, secure or error-free or that Tomouh will always function without disruptions, delays or imperfections. Tomouh is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, contractors third party partners and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

 

3.    All users expressly agree that use of Tomouh’s website and the services offered is at user's sole risk. Neither Tomouh or, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the use of website or services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from such use or as to the accuracy, reliability or content of any information or service provided herein.

 

4.    The Tomouh website and services are provided on an "AS IS" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions.

 

5.    Tomouh or its affiliates, contractors, shareholders, directors, employees, volunteers, agents, or third-party partners, licensees, licensors or suppliers will not be liable to you for any damages, losses, and causes of action arising out of or relating to Tomouh or these terms or your use of the service or your interaction with other service members (whether in contract, tort including negligence, warranty, or otherwise) or other consequential, special, indirect, or incidental damages, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Tomouh will not exceed the greater of one hundred U.S. Dollars ($100) or the membership Fee already paid by you, whichever is less.

 

6.    You acknowledge and agree that Tomouh has offered its products and services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Tomouh and its third-party partners, licensees, directors, officers, employees, contractors, agents, licensors, or suppliers, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Tomouh. Tomouh would not be able to provide its services to you on an economically reasonable basis without these limitations.

 

7.    The materials appearing on Tomouh's website may include technical, typographical, or photographic errors. Tomouh does not warrant that any of the materials on its website are accurate, complete, or current. Tomouh may make changes to the materials contained on its website at any time without notice. Tomouh does not, however, make any commitment to update the materials.

Article (10) Indemnification

 

1.      Tomouh currently operates from England, in the United Kingdom and makes no representation that Tomouh is appropriate or available in other locations. If you access Tomouh from other locations you are solely responsible for compliance with local laws.

 

2.      If anyone brings a claim against us related to your actions, content or information, you shall indemnify and hold us harmless from and against all such damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions and are not responsible for the content or information users transmit or share on Tomouh. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Tomouh, neither are responsible for the conduct, whether online or offline, of any Tomouh member.

 

3.      You agree to indemnify, save and hold Tomouh, its affiliates, contractors, shareholders, directors, employees, volunteers, agents and its third-party suppliers, licensors, partners and their affiliated companies, contractors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of Tomouh’s website and/or services, any violation by you of the Terms and Conditions, or any breach of the representations, warranties, and covenants made by you herein. Tomouh reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Tomouh and its third-party suppliers, licensors, partners, and you agree to cooperate with Tomouh’s defense of these claims.

Article (11) Miscellaneous

 

1.       These Terms or Conditions shall constitute to an entire agreement between Tomouh and its members, relating Tomouh, and shall supersede any and all prior agreements, which the parties may have negotiated or entered into.

 

2.       The official text of these Terms and Conditions shall be in the English language, and any interpretation or construction of these Terms and Conditions shall be based on the same.

 

3.       The Tomouh website and services are being offered to you by:

 

Tomouh Limited

Address: 3rd Floor, 14 Hanover Street, London W1S 1YH, United Kingdom

Email to contact: info@tomouh.net

The company Tomouh Limited has been established and registered according to the law of England and Wales

Company number: 8983386

 

4.       The illegality, invalidity or unenforceability of a provision of these Terms and Conditions under any law will not affect the legality, validity or enforceability of other provisions.

 

5.       We shall have the right to monitor all activities of users on the Tomouh website and accordingly take actions as deemed appropriate by us, acting in our sole discretion.

 

6.       We may delay or decide not to take action where any Tomouh member is in default of any of the terms hereunder, however, we shall not by such action or omission be regarded as having condoned the breach or waived our right. We shall not be liable for any loss arising out of any such action or inaction.

 

7.      We shall have the right to, acting in our sole discretion, amend/modify/delete any provision of these Terms and Conditions without requiring written consent of any of the Tomouh members and you shall obligated towards such amendments, modifications or deletions. You hereby provide us with your express approval to any such changes made by us, while acting in our sole discretion.

 

8.       We reserve the right to discontinue whole or any part of the website or any services provided by us, if for any reason whatsoever, we are unable to provide for the same by reason of any event beyond our control, including but not limited to fire, flood, epidemic, earthquake, explosion, act of God, riot, strike, protests, terrorism or public enemy, war (declared or undeclared), or any law, order, or regulation, order of any court or jurisdiction, or any other cause not within our control (each a "Force Majeure" event or occurrence). You agree that we shall not be held liable in anyway whatsoever for our actions or inactions during such Force Majeure events.

 

9.       By accessing or becoming registered member of Tomouh, you will only be allowed to have a limited right to use Tomouh’s website and services and you hereby expressly undertake not to copy, use, sell, forward or put to us in any way whatsoever any information and or content made available to you by Tomouh.

 

10.    All of our rights and obligations under the Terms and Conditions are freely assignable by us, in our sole discretion, in connection with, without limitation, a merger, acquisition, sale of assets, by operation of law or otherwise. You shall not transfer, license or assign any of your rights or obligations under the Terms and Conditions to anyone else without our prior written consent.

 

11.    The Terms and Conditions do not confer any third party beneficiary rights.

 

12.    We reserve all rights not expressly granted to you.

 

13.    You shall comply with all applicable laws when using or accessing Tomouh’s website and services.

 

14.    Tomouh has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tomouh of the site. Use of any such linked website shall be at your sole risk and expense.

 

15.    Any notice required or permitted to be given to us hereunder shall be in writing and addressed to [INSERT EMAIL ADDRESS], notices provided to any other address shall not be legally binding upon us. Any notice sent to you on your details available in our records (whether updated or not) or published on the website or made available to you through similar medium, shall constitute a constructive notice to you.

 

 

Article (12) Definitions

In absence of anything contained to the contrary, the following words shall have the following meaning:

"Tomouh" means the features and services we make available, including through (a) our website at www.tomouh.net, www.tomouh.com and any other Tomouh branded or co-branded websites (including sub-domains, widgets, and mobile versions); (b) our Platform; (c) social plugins and (d) other media, software, devices, or networks now existing or later developed. 

"information" means facts and other information about you, including actions taken by users and non-users who interact with Tomouh."content" means anything you or other users post/message on Tomouh that would not be included in the definition of information.

"data" or "user data" or "user's data" means any data, including a user's content or information that you or third parties can retrieve from Tomouh or provide to Tomouh through platform.

"day" means calendar day.

"member" means any person who has submitted their application and  registration application is approved by Tomouh.

"post" means post or message on Tomouh or otherwise made available by using Tomouh or having originated from Tomouh.

“service” means access to a variety of resources, including download areas, communication forums and/or other product information.

"use" means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

"user" means a person who uses the Tomouh website and/or services including Tomouh registered members and any third party who shall have the access to the same.

Any reference to “us,” “we,” and “our” mean Tomouh Limited ,  “you” and “your” refers to you, the person accessing this website and accepting the Tomouh’s Terms and Conditions and “party”, “parties”, or “us”, refers to both you and ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.