Introduction
Welcome to Tok9ja! These Terms and Conditions ("Terms") govern your use of the Tok9ja mobile application and services provided by Tok9ja Limited ("Tok9ja," "we," "our," or "us"). By accessing or using Tok9ja's services, including but not limited to voice calls, messaging, and related features, you agree to be bound by these Terms and Conditions.
Defintion
- Tok9ja: Refers to Tok9ja Limited, the company providing the Tok9ja mobile application and related services.
- Services: Refers to the communication services provided by Tok9ja through its mobile application, including but not limited to voice calls, messaging, SMS broadcast groups, conference calling, and any other features or functionalities offered by Tok9ja.
- User: Refers to any individual who downloads, installs, and uses the Tok9ja mobile application to access Tok9ja's services.
- Account: Refers to a User's registered account with Tok9ja, which is created upon successful registration and provides access to Tok9ja's services.
- Content: Refers to any text, images, videos, audio, or other materials transmitted, received, or accessed through Tok9ja's services.
- Device: Refers to the mobile device (e.g., smartphone or tablet) used by the User to access and use Tok9ja's services.
- Third-Party Services: Refers to services, products, or content provided by third-party entities that may be integrated or linked with Tok9ja's services.
- Payment Method: Refers to the means by which Users pay for Tok9ja's services, including credit/debit cards, mobile money wallets, and other electronic payment methods.
- Fees: Refers to the charges incurred by Users for using Tok9ja's services, including but not limited to charges for calls, messages, plans, and any applicable taxes.
- Rollover Credits: Refers to any unused balances or services that may be carried over to subsequent billing periods at Tok9ja's discretion.
- Personal Information: Refers to any information that can be used to identify an individual User, including but not limited to name, email address, phone number, and payment information.
- Billing Period: Refers to the recurring time frame in which Users are billed for Tok9ja's services, typically monthly or annually
- Subscription Plan: Refers to the different packages or plans offered by Tok9ja that Users can subscribe to in order to access various services.
- User Data: Refers to any data collected from Users in the course of providing Tok9ja's services, including usage data, communication content, and any other data transmitted through the services.
- App: Refers to the Tok9ja mobile application available for download on compatible iOS and Android devices.
Acceptance of Terms
By accessing or using Tok9ja's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any additional policies or guidelines referenced herein or provided by Tok9ja.
About Our Services
- Description of Services: Tok9ja provides a mobile application that offers affordable and reliable communication services, including voice calls, messaging, and related features such as SMS broadcast groups and conference calling.
- Service Availability: Tok9ja's services are available to users who download and install the Tok9ja mobile application on compatible iOS and Android devices. Users must have a stable internet connection or mobile data to access and use Tok9ja's services.
- Service Limitations: While Tok9ja strives to provide uninterrupted and reliable services, the availability and quality of services may be affected by factors beyond our control, including network coverage, internet service provider issues, and device compatibility.
- User Responsibilities: Users are responsible for maintaining the security and confidentiality of their Tok9ja account credentials, ensuring compliance with these Terms and Conditions, and using Tok9ja's services in accordance with applicable laws and regulations.
- Third-Party Services: Tok9ja may integrate or collaborate with third-party services or platforms to enhance user experience. Users acknowledge that their use of third-party services may be subject to additional terms and conditions imposed by those third parties.
- Feedback and Suggestions: Tok9ja welcomes feedback, suggestions, or comments regarding its services. By providing such feedback, users grant Tok9ja the right to use and incorporate these suggestions into its services without any obligation to compensate or credit the user.
Account Registration and Use
Account Creation
To access and use Tok9ja's services, you must create an account by providing accurate and complete registration information. By creating an account, you agree to:
- Provide true, accurate, current, and complete information as prompted by the registration form.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Accept all risks of unauthorized access to your account and any activities conducted under your account.
User Responsibilities
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:
- Not share your account credentials with anyone else or allow anyone else to access your account.
- Immediately notify Tok9ja of any unauthorized use of your account or any other breach of security.
Age Restrictions
You must be at least 18 years old or have reached the age of majority in your jurisdiction to create an account and use Tok9ja's services. By creating an account, you affirm that you meet these age requirements.
Account Security
Tok9ja employs reasonable security measures to protect your account and personal information. However, you acknowledge and agree that no method of transmission over the internet or electronic storage is completely secure. Tok9ja cannot guarantee the absolute security of your account information.
Account Termination
You may terminate your account at any time by following the account closure procedures specified on the Tok9ja app. Tok9ja reserves the right to suspend or terminate your account and access to its services, in whole or in part, for any reason or no reason, including but not limited to violations of these Terms and Conditions.
Use of Services
Permitted Use
You agree to use Tok9ja's services solely for lawful purposes and in accordance with these Terms and Conditions, applicable laws, and regulations. You agree not to:
- Violate any local, state, national, or international law or regulation.
- Use the services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from enjoying the services, or that could damage, disable, overburden, or impair the functioning of the services.
- Use automated systems, such as bots or scripts, to access, interact with, or collect data from the services.
- Attempt to gain unauthorized access to any part of the services, accounts, computer systems, or networks connected to the services.
- Use the services to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Use the services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Prohibited Activities
You specifically agree not to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the services.
- Modify, adapt, translate, or create derivative works based upon the services.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the services or any features or functionality of the services to any third party for any reason.
- Use the services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms and Conditions.
Compliance with Policies
You agree to comply with all policies and guidelines provided by Tok9ja regarding the use of its services, including but not limited to privacy policies, acceptable use policies, and community guidelines.
Monitoring and Enforcement
Tok9ja reserves the right, but has no obligation, to monitor the use of its services and to investigate and take appropriate legal action against anyone who violates these Terms and Conditions, including without limitation, removing any offending content, suspending or terminating access to the services, and reporting such activities to law enforcement authorities.
Suspension or Termination
Tok9ja may suspend or terminate your access to its services, in whole or in part, without prior notice and for any reason, including but not limited to violations of these Terms and Conditions, suspected fraud, illegal activity, or requests by law enforcement or other government agencies.
Fees & Payments
Pricing
The fees for Tok9ja's services are outlined on the Tok9ja mobile application and website. Tok9ja reserves the right to modify its pricing at any time and will notify users of any changes in advance.
Payment Methods
Users may pay for Tok9ja services using the available payment methods supported by the application, including credit/debit cards, mobile money wallets, and other electronic payment methods. Users are responsible for ensuring that their payment information is accurate and up to date.
Billing and Charges
Users agree to pay all fees and charges incurred in connection with their use of Tok9ja services, including but not limited to charges for calls, messages, plans, and any applicable taxes. Charges may vary based on usage and service options selected by the user.
Payment Authorization
By providing payment information to Tok9ja, users authorize Tok9ja to charge their chosen payment method for all fees and charges incurred. Users agree to maintain sufficient funds or credit limits to cover all charges.
Rollovers
Unused balances or services may be rolled over to subsequent billing periods at Tok9ja's discretion. Rollover credits are non-transferable and remain subject to the terms and conditions of the original purchase.
Currency and Exchange Rates
All fees and charges are displayed in Nigerian Naira (NGN) unless otherwise specified. Exchange rates for international transactions may apply, and users are responsible for any associated currency conversion fees charged by their financial institution.
Payment Disputes
Users must notify Tok9ja promptly of any disputes regarding charges on their account. Tok9ja will investigate the dispute and may, at its discretion, issue credits or refunds if warranted.
Billing Errors
Users must report any billing errors or discrepancies to Tok9ja within a reasonable time frame for investigation and resolution.
Taxes
Users are responsible for paying any applicable taxes, duties, or fees imposed by governmental authorities related to their use of Tok9ja services.
Promotions and Discounts
From time to time, Tok9ja may offer promotions, discounts, or bonus programs. Terms and conditions for such promotions will be communicated separately and may be subject to specific eligibility criteria and expiration dates.
Privacy Policy
Tok9ja values the privacy of its users and is committed to protecting their personal information. This Privacy Policy outlines how Tok9ja collects, uses, discloses, and protects users' personal data.
Modifications to Terms and Services
Changes to Terms
Updates and Amendments:
- Tok9ja reserves the right to modify these Terms and Conditions at any time without prior notice.
- Tok9ja reserves the right to modify these Terms and Conditions at any time without prior notice.
- Your continued use of Tok9ja's services after the posting of updated Terms constitutes your acceptance of such changes.
- Your continued use of Tok9ja's services after the posting of updated Terms constitutes your acceptance of such changes.
Service Changes
Modification of Services:
- Tok9ja may modify, suspend, or discontinue any aspect of its services at any time, including the availability of certain features or content, without prior notice or liability.
- Tok9ja may modify, suspend, or discontinue any aspect of its services at any time, including the availability of certain features or content, without prior notice or liability.
Termination
Termination by Tok9ja
Tok9ja reserves the right to terminate or suspend your account and access to the services at any time, for any reason, including but not limited to, breach of these Terms and Conditions, without prior notice or liability.
Termination by User
You may terminate your account at any time by contacting Tok9ja customer support or through the account settings in the Tok9ja app. Upon termination, you must cease all use of the services.
Effect of Termination
- Upon termination of your account, you will no longer have access to your account, including any data or content associated with your account.
- Tok9ja will not be liable to you or any third party for the termination of your account or access to the services.
- Any remaining balance in your account will be forfeited, except where applicable laws or regulations provide otherwise.
- Provisions of these Terms and Conditions that by their nature should survive termination will survive, including but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
General Disclaimer
- Tok9ja provides the services "as is" and "as available," without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
No Warranty on Service Availability
- Tok9ja does not warrant that the services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the services or the servers that make them available are free of viruses or other harmful components.
Accuracy of Information
Accuracy of Information
- Tok9ja does not warrant or make any representations regarding the accuracy, reliability, or completeness of any information, text, graphics, links, or other materials contained within the services.
User Responsibility
- You acknowledge that your use of the services is at your sole risk. Tok9ja will not be responsible for any damage to your mobile device or loss of data that results from the download or use of any content, material, or information through the services.
External Links
- The services may contain links to third-party websites or services that are not owned or controlled by Tok9ja. Tok9ja has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Tok9ja shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Limitation of Liability
Exclusion of Damages
- To the maximum extent permitted by applicable law, Tok9ja, its affiliates, licensors, and service providers, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use of or inability to use the services.
- Your use of or inability to use the services.
- Your use of or inability to use the services.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services.
Aggregate Liability
- In no event shall Tok9ja's aggregate liability for all claims relating to the services exceed the amount paid by you, if any, for accessing the services during the twelve (12) months immediately preceding the date of the claim.
Jurisdictional Limitations
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Tok9ja’s liability will be limited to the fullest extent permitted by applicable law.
Governing Law and Dispute Resolution
Governing Law
- These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law principles.
Dispute Resolution
- Informal Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms and Conditions or the breach thereof, you and Tok9ja shall use their best efforts to settle the dispute, claim, question, or disagreement. To this end, you shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
- Arbitration: If you and Tok9ja do not reach such solution within a period of thirty (30) days from the time informal resolution is pursued, then, upon notice by either you or Tok9ja to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered in accordance with the Arbitration and Conciliation Act of Nigeria. The arbitration shall be conducted in English, and the place of arbitration shall be in Nigeria. The arbitral tribunal's decision shall be final and binding on the parties.
- Injunctive Relief: Notwithstanding the foregoing, Tok9ja reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property or other proprietary rights.
Contact Us
If you have any questions, concerns, or inquiries about these Terms and Conditions or Tok9ja's services, please contact us through any of the following methods:
Customer Support
- Email: support@tok9ja.com
- Live Chat: Available on the Tok9ja app
- Phone: +234-800-TOK9JA (toll-free within Nigeria)
Business Hours
- Monday to Friday: 9:00 AM to 6:00 PM (WAT)
- Saturday: 10:00 AM to 2:00 PM (WAT)
- Closed on Sundays and public holidays
We are committed to providing you with timely and effective assistance. Thank you for choosing Tok9ja.