Terms and Conditions

By using any Hoiio Call and SMS solutions and services, you agree to the following Terms of Service. You agree to provide, or you acknowledge that you have provided, true and correct information about yourself in the hoiio.com.

You agree not to use any Hoiio.com services, prepaid calling solution for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe upon the intellectual property or other rights of another.
You agree not to use any Hoiio.com calling solution and services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of messages or calls in any fashion or form or use any Hoiio.com calling solution and services to collect or harvest personal information about other users.
You agree that Hoiio.com may in its sole discretion terminate your calling solution account if it believes you have in any way violated the Terms of Use and Privacy Statements.
You agree that Hoiio may in its sole discretion report you to any local, state or federal authority or agency if you violate any of the Terms of Use and Privacy Statement of Service.
You agree that Hoiio may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of the Terms of Use and Privacy Statements of Service.
Please report any violations of the Terms of Service or concerns with our calling solution service to support@hoiio.com

You agree that all SALES ARE FINAL. There are no refunds unless there is an extended system wide outage of Service encompassing all of the following: local access, toll-free access, domestic termination, and international termination, or other system failures as determined by Hoiio at its sole discretion.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE FOR THE USE OF CALLING SOLUTIONS

The Hoiio.com services, calling solutions are owned by Hoiio. They are provided to you ("User") under the terms and conditions of this Terms of Use and Privacy Statements and any amendments thereto as may be posted to this website from time to time. Any operating rules or policies for any type of calling solution or service may be published from time to time by Hoiio on Hoiio.com. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "Confirm" BUTTON, YOU ARE AGREEING TO THE TERMS AND CONDITIONS AND PRIVACY STATEMENT SET FORTH.

DESCRIPTION OF SERVICES

Hoiio.com Services provide the User with the capability to send and receive electronic messages, voice messages, make long distance or international phone calls. To Use the Hoiio.com Services, User must:

provide for User's own access to the World Wide Web and pay any service fees associated with such access, and
provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem. User acknowledges and understands that Hoiio.com provides no assistance, including any technical or customer support, to the User, and that your use of the Service is of your own volition.

USER'S REGISTRATION OBLIGATIONS

In consideration of use of the Hoiio.com Services, User agrees:

To provide true, accurate, current and complete information about User as prompted by the Customer Registration form, and
To maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as "User Data." If any information provided by User is untrue, inaccurate, not current or incomplete, Hoiio.com has the right to terminate User's account and refuse any and all current or future use of the Hoiio.com Service by user.
To be solely responsible for any and all charges incurred by customer due to customer's use of a local access number.
To be solely responsible for any and all charges incurred by customer due to customer's use of any wireless device including, but not limited to, a cellular phone.
To be solely responsible for all billing transactions. Billing transactions encompass sign-up transactions (purchases at the time of sign-up), purchase transactions (purchases that are not auto-recharge transactions which are made after sign-up) and auto-recharge transactions (purchases that are automatically made via Hoiio's auto-recharge feature; this is additionally addressed below). Customer can pay for all such transactions via a credit card and/or debit card as specified on the purchasing page of Hoiio.com.

USE OF USER DATA

The use of User Data is governed by our Privacy Policy. Hoiio.com will NOT disclose billing information or account access information except as authorized by User or User's representative or as required by law or legal process.

MODIFICATION OF TERMS OF SERVICE

Hoiio may change these Terms of Service from time to time at its sole discretion. Any modification to the Terms of Service shall be deemed effective as of their posting on the Hoiio.com website. User expressly agrees to be bound by any modified Terms and Conditions as contemplated herein.

Hoiio.com considers any and all messages transmitted via the Hoiio.com services to be private communication between the User and the recipient. Hoiio.com will not monitor, edit or disclose the content of a User's private communications, except that User agrees Hoiio.com may do so:

as required by law;
to comply with legal process;
is necessary to enforce this license;
to respond to claims that the communicator violated the rights of third-parties; or
to protect the rights or property of Hoiio.com or others.

User acknowledges, understands and agrees that Hoiio may in its sole discretion report User to any local, state or federal authority or agency if User violates any of the Terms of Use and Privacy Statement of Service. User acknowledges, understands and agrees that Hoiio may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if User violates any of the Terms of Use and Privacy Statements of Service. User acknowledges, understands and agrees that Hoiio.com does not endorse the content of any User communications and Hoiio.com is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.

MEMBER ACCOUNT, PASSWORD AND SECURITY

User will receive a password and account designation upon completing the customer registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's password or account.

User agrees to immediately notify Hoiio.com at support@hoiio.com of any unauthorized use of User's password or account or any other breach of security. Under the Fair Credit Billing Act, the User's bank cannot hold User liable for more than $50 of fraudulent charges. If User's bank does hold User liable for any amount up to $50, Hoiio.com will cover the liability up to $50, provided unauthorized use of User's credit card results from the use of Hoiio.com services while using the secure server and not due to any negligence or intentional wrongdoing by User whereupon User shall be personally liable for such loss. In the event of unauthorized use of User's credit card, User must notify credit card provider immediately. For more information about the Fair Credit Billing Act, contact the Bureau of Consumer Protection or the Federal Trade Commission.

All SALES ARE FINAL. There are no refunds unless there is an extended system wide outage of Service encompassing all of the following: local access, toll-free access, domestic termination, and international termination, or other system failures as determined by Hoiio at its sole discretion.

ACCOUNT EXPIRY

A Hoiio account possesses a 6-month expiration period, counted from the last transaction activity on that account. Such transaction activity refers to any activity which results in an increase or decrease in credit balance in User's account. Examples of such activities are listed below:

   •   Making an outgoing call
   •   Sending SMS
   •   Transfer of credits to/from other Hoiio accounts
   •   Credit top-up
Hoiio reserves all rights on accounts which are expired. Unused credit balance in an expired Hoiio account are not refundable. User will be notified once via email 7 days before the scheduled expiry date and once after the User account has expired.

MEMBER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Hoiio products and services, and agrees not to interfere with the use and enjoyment of the Hoiio services by any other user or users. User agrees to be solely responsible for the contents of User's transmissions through the Hoiio services. User agrees:

to not use the Hoiio.com Services for illegal purposes;
to not interfere with or disrupt any Hoiio.com services or servers or network connected to the Hoiio.com Services;
to comply with all requirements, procedures, policies and regulations of networks connected to the Hoiio.com Service;
to comply with all applicable laws regarding the transmission of data exported from the Singapore. User agrees not to transmit through the Hoiio services any unlawful, harassing libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another; not limited to the intellectual property rights of another;
to not transmit any material that violates any applicable local, state, national, or international law or regulation;
to not attempt to gain unauthorized access to other computer systems or networks connected to the Hoiio services;
to not impersonate or create a false identity of any person, including but not limited to, a Hoiio.com official, forum leader, guide or host; and
to not transmit "junk mail," "spam", "chain letters", or unsolicited mass distribution of commercial messages.

EMERGENCY SERVICES

YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER HOIIO, HOIIO.COM NOR ANY OF THIER AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS. ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE AND/OR SERVICES WILL CEASE TO FUNCTION DURING A POWER FAILURE AND/OR DISRUPTION TO YOUR INTERNET CONNECTION. YOU WILL NOT BE ABLE TO USE THE SOFTWARE NOR SERVICES TO DIAL ANY PHONE NUMBER INCLUDING EMERGENCY SERVICES. HOIIO STRONGLY RECOMMENDS THAT YOU MAINTAIN A CONVENTIONAL FIXED LINE TELEPHONY SUBSCRIPTION TO ASSURE THAT YOU HAVE CONTINUAL ACCESS TO EMERGENCY SERVICES.

INDEMNITY

User hereby agrees to indemnify and hold Hoiio, and its subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorney's fee, made by any third party because of or arising out of User's use of the Hoiio service, User's connection to the Hoiio services, User's violation of this license, or User's violation of any right of another.

TERMINATION

User agrees that Hoiio may terminate User's account or use of the Hoiio services if Hoiio believes that User has violated or acted inconsistently with the letter or spirit of this license or that User has violated the rights of Hoiio or other users or parties.

LINKS

User's correspondence with or participation in any promotion of advertisers found on the Hoiio service, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between User and such advertiser. User agrees not hold Hoiio liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers on the Hoiio Service.

PROPRIETARY RIGHTS

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of the Hoiio services or that contained in sponsor advertisements or information presented to User through the Hoiio service or advertisers is protected by copyrights, Trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Hoiio, Hoiio.com or the respective advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization. User expressly agrees that all intellectual property rights in the Hoiio Services, the Hoiio.com website, any and/or all underlying systems, support platforms, ideas, business models and/or any other like or unlike items associated with the Hoiio Services shall inure to the sole benefit of Hoiio. User further agrees that he/she shall not reverse engineer, decompile and/or otherwise attempt to learn the underlying ideas, algorithms and/or any other such proprietary ideas, concepts, content and/or property nor shall User cause or permit any other Party to do same.

DISCLAIMER OF WARRANTIES

User expressly agrees that use of the Hoiio services and the product is at member's sole risk. The Hoiio services and product are provided on an "AS IS" and "AS AVAILABLE" basis. Hoiio expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Hoiio makes no warranty that the Hoiio service or product will meet User's requirements, that the Hoiio service will be uninterrupted, timely, secure, or error free; nor does Hoiio make any warranty as to the results that may be obtained from the use of the Hoiio services or as to the accuracy or reliability of any information obtained through the Hoiio services or that defects in the Hoiio products will be corrected. Neither Hoiio nor any of Hoiio's information providers implied any warranties concerning the accuracy, currentness or reliability of the messages received or requested via the Hoiio services or any of the information, material or content contained therein (the "material"). User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the Hoiio services is done at the User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data. Hoiio makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from the Hoiio service or any transaction entered into through the service. Hoiio shall not be liable for any delays, omissions or errors in the material and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by User from Hoiio or through or from the Hoiio services shall create any warranty not expressly stated herein. Some jurisdictions no not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

User agrees that Hoiio shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Hoiio services or the Hoiio products or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the Hoiio services or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Hoiio has been advised of the possibility of such damages. User further agrees that Hoiio shall not be liable for any damages arising from interruption, suspension or termination of Hoiio services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Hoiio expressly disclaims any and/or all liability for inbound mobile phone roaming charges, mobile data charges and/or other like or unlike third party charges related to the use of Hoiio Mobile, Hoiio Web Calling, Hoiio SMS Calling, Hoiio Callback and/or any other Hoiio service from a mobile phone while it is roaming.

CHANGES IN THIS LICENSE

Hoiio expressly reserves the right to change the terms of the license without notification.

NOTICE

Any notice to User or to the Hoiio services, to the extent that Hoiio determines in its sole discretion that such notice be disseminated, shall be made via voice mail, mobile messaging and/or electronic mail. The services may also provide notices of changes to Hoiio.com or other matters by displaying notices to Users generally on the Hoiio services.

GENERAL
Hoiio, Hoiio.com and the relationship between User and Hoiio.com shall be governed by the laws of Singapore without regard to its conflict of law provisions. User and Hoiio agree to submit to the personal and exclusive jurisdiction of the courts located within Norway. The failure of Hoiio to exercise or enforce any right or provision of this license shall not constitute a waiver of such right or provision. If any provision of this license is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this license remain in full force and effect. User agrees that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to use of the Hoiio services or this license must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in this license are for convenience only and have no legal or contractual effect.

CHANGES IN TERMS

ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, CALLING RATES, CAN BE CHANGED OR OTHERWISE MODIFIED BY HOIIO WITHOUT ANY NOTICE WHATSOEVER. EXPIRATION POLICY Your Account will expire six (6) months from the date of your last successful Account charge (or recharge). You may, therefore, extend the expiration period by simply recharging your account prior to the expiration of this six (6) month period. Hoiio has the sole discretion to determine whether to grant any other extension request. All extensions will be confirmed via e-mail. Hoiio is not obligated to refund any remaining balance left in your Account as of the date it expires. Hoiio further reserves the right to deactivate your account and remove all other features and services if the account balance remains zero or negative for a period of thirty (30) days or more. Thank you for using Hoiio.com.

By subscribing to Hoiio SMS Top-Up, and/or Auto Top-Up (hereinafter known as "Services") you agree that:

Teliwave Pte Ltd ("Teliwave") or its payment partner is allowed to store your credit card for the purpose of fulfilling Services. Teliwave and its partner will do a necessary effort according to industrial standard to secure your personal information.
If you subscribe to Auto Top-Up, you allow Teliwave or its payment partner to make payment automatically from your stored credit card for the purpose of topping up your Hoiio account whenever your Hoiio account falls below a certain value as defined in your Hoiio profile page
If you subscribe to SMS Top-Up, you allow Teliwave or its payment partner to make payment from your stored credit card whenever you send an SMS to Teliwave top-up number to initiate a top up
Teliwave can send a notification through SMS/Email to you pertaining:
- Balance of your Hoiio credit
- Status of your payment made through Services
- Information related to update about Services

Customers may stop using the Services by calling customer care at +65 6403 6179 or send an email to support@hoiio.com. Services do not occur in real time and Teliwave cannot be held responsible for any temporary loss of service. Teliwave will use its best endeavours to provide a prompt service as described in these Terms and Conditions, but will not be liable for any failed top-up transactions due to technical failure or other reasons.

Teliwave reserves the right at any time to modify the Terms and Conditions and modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without prior notice. Personal data provided to Teliwave will be kept in confidence and processed in order to render and/or improve the service you have requested. Personal data shall not be transferred to any third party unless requested by you or permissible according to the law. You have the right to require access to your personal data as well as the right to rectify, or, in appropriate circumstances, erase any inaccurate, incomplete or immaterial personal data processed by Teliwave.