Yippi is one of the fastest growing application that provides messaging, Internet calling, voice messaging, video calling and other services to users worldwide through its mobile application, website and/or other platforms (“Yippi Platforms”)
The Yippi Platforms are wholly owned by TOGA LIMITED, a Nevada corporation (“Toga”).
1.3 You must provide accurate, truthful, current and complete information during the registration process.
(a) use the Yippi Platforms, Services and/or Software in any manner that breaches any existing applicable law or regulations;
(b) post or transmit or disseminate any information or image on or via the Yippi Platforms which is illegal, obscene, harmful, defamatory, threatening, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate and objectionable;
(c) send any material that contains viruses, worms, trojan horses or other harmful computer codes, files, scripts, agents or programs through or onto the Yippi Platforms, Services and/or Software;
(d) any act that alters, interferes or disrupts the safety, security and/or performance of the Yippi Platforms, Services, Software or the data that contained therein and intent or plan to harm or intentionally interfere with the aforesaid;
(e) gain or attempt to gain unauthorised access to the Yippi Platforms, Services, Software or its related systems or networks;
(f) commit any breach of confidence, privacy or any third party’s rights, including, without limitation, intellectual property rights;
(g) impersonate someone or adopt a false identity if the purpose is to mislead, deceive or defraud the person; or
(h) engage in any conduct that could possible damage or tarnish Toga’s reputation or amount to being disreputable.
1.7 You further agree not to damage, corrupt and/or interfere with the normal functions of the Yippi Platforms and shall not use the Yippi Platforms to distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate to Toga. Toga reserves the right to take any measures deemed appropriate to stop you from misusing the Yippi Platforms including but not limited to blocking the usage of the Yippi Platforms, closing of your account and/or referring the matter to the corresponding authorities to seek relief from a court of competent jurisdiction, or any other action as Toga deems appropriate.
1.8 Toga reserves the right, but have no obligation, to monitor and control the interactions between the users, activities, contents and materials on the Yippi Platforms. You are solely responsible for your own conduct. However, Toga may in its sole and absolute discretion take any actions it deems appropriate
1.9 You agree not to disclose any information which permits access into your account to any third party. Toga shall not be held liable and responsible for any liability, be it a civil or a criminal liability, for the use of your information by any third party.
1.10 You are responsible for keeping your account and password confidential, safe and secure. You are entirely responsible and accountable for all or any of the activities conducted under such account or password. In the event that there is an unauthorised use of your account or password or that your account has been compromised, you shall immediately inform Toga. Toga hereby shall not be liable and responsible, directly or indirectly, for any loss or damage by virtue of such unauthorised use or your account or password or your failure to comply with this provision.
1.11 If you receive any material or data containing information wherein you are not the intended recipient, you hereby agree and undertake to delete such material or data and to notify Toga immediately.
1.12 You agree and undertake not to collect, retain and/or extract any information about other users from the Yippi Platforms, including but not limited to personal details of other users, without consent of the other users and Toga.
1.15 You agree, acknowledge, understand and accept that Toga is not an agent, employee, broker, or representative of yours. You further agree, acknowledge, understand and accepts that Toga does not owe to you any duties other that those herein contained and shall not be held responsible to any action, claim, liability and penalty arising from the visit, use and/or browse of the Yippi Platforms, including but not limited to signing up an account and/or utilising the Services on the Yippi Platforms.
2.1 You may purchase and/or accumulate points on Yippi App (“Yipps”) which may be used as payment for the Services on the Yippi App.
2.2 You may choose to purchase Yipps via any mode of payment as may be made available on the Yippi App from time to time.
2.3 You may check your Yipps balance on the Yippi App and the balance set out shall be the conclusive evidence of your Yipps balance.
3.1 Upon signing up a user account, you are agreeable to the disclosure of the your personal data and thereby grants consent to Toga to process the information communicated by you in accordance with the Term of Use herein including but not limited to any event as required and permitted by law.
3.2. You agree, acknowledge, understand and accept that in order to provide you with the wide range of Services offered on the Yippi Platforms, it is necessary for information about you ("Data") to be made known or available to Toga, its subsidiaries, its authorised agents, affiliates, suppliers, and service companies that provides support to the Yippi Platforms including but not limited to securing and developing the quality and availability of the Yippi Platforms, and debt collection, court orders, and the facilitation of Services on the Yippi Platforms.
3.3. Toga shall use the Data collected from you to deliver to you the advertisements and offers to your e-mail address, fax, telephone, voice mail, and other appropriate mode of communication to you. Toga shall also collate, develop, and personalize the services rendered to you with the Data collected.
3.4 Toga may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidise the Services and/or to earn additional revenue. You hereby agree to receive such advertising and marketing. If you do not wish to receive such advertising, you shall notify Toga in writing or in accordance with the procedure determined by Toga. Toga reserves the right to charge you a higher fee for or deny you the use of the Services should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Yippi website located at https://yippiweb.com.
3.5 You agree, acknowledge, understand and accept that its Data may be accessed by unauthorised third parties and Toga shall not be held responsible for any loss or damage suffered by you arising from the unauthorised access by any third party.
3.6 You further agree and consent to Toga to share your data and any information gathered on the Yippi Platforms to Toga’s subsidiaries, its authorised agents, affiliates, suppliers, and service companies that provide support to the Yippi Platforms and any related parties in accordance with the applicable laws in place from time to time.
4. Intellectual Property
4.1. All intellectual property rights, whether registered or unregistered, including but not limited to trademarks, service marks, goodwills, copyrights, logos, designs and the entire contents on the Yippi Platforms including but not limited to texts, photos, videos, music, sounds, graphics and software and by extension, the Services and any suggestions, ideas, enhancement requests, feedbacks, recommendations or other information provided by you or any other party relating to the Services are wholly owned by Toga or where applicable, Toga’s affiliates, partners or third party intellectual property owners.
4.3 All other contents, materials, documents including but not limited to trademarks/service marks, logos in relation to any third party on the Yippi Platforms which are wholly owned by any other third party with the express covenant, warranty and representation that the third party own and/or have the rights or are licensed to use the contents so uploaded on the Yippi Platforms by you and that such contents do not infringe directly or indirectly any intellectual property rights belonging to the third party and you shall keep Toga indemnified against any claim/liability arising there from at all time.
4.4. When you post or upload any content such as text, photo, video or any proprietary information on the Yippi Platforms, it is deemed that you have granted Toga, its subsidiaries, its authorised agents, affiliates, suppliers, the ownership of such content and the ownership of intellectual property rights. You also agree to grant Toga the exclusive, transferable, sub-licensable, worldwide license to use, store, modify, reproduce, publicly transmit or display or distribute your content. The foregoing license shall be continuously be granted to Toga, its subsidiaries, its authorised agents, affiliates and/or suppliers, even upon you deleting your content or account. Please note that the content that you have deleted may persist in backup copies and it may also continue to appear if you have shared it with other and they have not deleted the content. You acknowledge that you have the necessary rights to post and upload such content on the Yippi Platforms and subsequently grant Toga the license.
4.5 You agree that your content does not and will not violate any intellectual property rights of any party as Toga prohibits any infringement of intellectual property rights including but not limited to copyright infringing activities on the Yippi Platforms. You shall be solely responsible for your content and the consequences of posting, publishing, distributing or sharing it.
4.6 If you believe that your copyright, trademark or other intellectual property rights are being infringed by the other user, kindly send a written notification of such infringement to Toga. Toga will review.
4.7 Further, you acknowledge and agree that you shall not:
(a) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Yippi Platforms to any third party in any way;
(b) modify or make derivative works based on the Yippi Platforms;
(c) create internet “links” to the Yippi Platforms or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
(d) reverse engineer or access the Software in order to:-
(aa) build a competitive product or service;
(bb) build a product using similar ideas, features, functions or graphics of the Yippi Platforms and/or Software, or
(cc) copy any ideas, features, functions or graphics from the Yippi Platforms;
(e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Yippi Platforms and/or Software;
(f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
(g) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
(h) remove any copyright, trademark or other proprietary rights notices contained in the Service;
4.8 Toga may resort to any available legal and/or equitable remedies, which may include a demand for actual or statutory damages, attorney fees, and injunctive relief in the event of a breach of the intellectual property rights of Toga.
5. Rights and discretion of Toga due to system breakdown
5.1 Toga may block, suspend, close or cancel any sale or promotion if the Yippi Platforms system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the sale or promotion. Where a sale or promotion cannot be restored, the sole remedy available to you shall be the reimbursement of the payment made by you when purchasing through the Yippi Platforms by way of Yipps which may be used by you for the next purchase on the Yippi Platforms.
5.2 Toga shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses incurred or suffered by you by reason of or in connection with the following:-
(a) any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Yippi Platforms;
(b) interference by computer virus, corrupted data, malfunctions;
(c) failure or delay due to causes beyond the control of Toga including but not limited to causes like strikes, industrial action, civil disturbances, flood, earthquake, landslides or acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;
(d) any operation malfunctions or defects of your computer terminal, systems or software used in accessing the Yippi Platforms; or
(e) any access, use or inability to access or use of the Yippi Platforms and/or any other mobile application linked to the Yippi Platforms.
5.3 Toga reserves the right to investigate and take legal action against you if you are suspected to have caused the service breakdown while using the Yippi Platforms.
6.1 You agree and covenant to fully indemnify and hold harmless Toga and its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents from and against all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements (including but not limited to legal fees) of any kind whatsoever arising from your use of and access to the Yippi Platforms, Services and/or Software including any data or content transmitted or received by you.
6.2 Toga does not and will not assess the suitability, legality or ability of any third party, service providers, retailers, advertisers and/or sponsors and you agree and covenant to fully indemnify and hold harmless Toga and its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents from and against all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements (including but not limited to legal fees) of any kind whatsoever which may be imposed on and incurred by Toga arising from or in any way related to any third party, service providers, retailers, advertisers and/or sponsors.
6.4 You further agree that Toga shall not be liable and responsible for your violation of any third party rights, including without limitation any right of privacy or intellectual property rights and you shall fully indemnify and hold harmless Toga and its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents from and against all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements (including but not limited to legal fees) of any kind whatsoever relating to or arising out of third party claims.
6.5 Toga will not be a party to disputes or negotiations between you and any third party including service providers, retailers, advertisers and/or sponsors.
6.6 This indemnity by you herein shall survive the termination of your account or the blockage or prevention of the use of the Yippi Platforms, Services and/or Software.
7.1 Toga reserves the right to restrict conduct and/or take measures against such conduct, which Toga shall in its sole discretion deems to be harmful, unacceptable or offensive to other users for any reason or no reason whatsoever or adversely affects administration of Toga or the use of its Software in any manner whatsoever.
8.1 Notwithstanding the information, materials and contents on the Yippi Platforms ("the Contents"), you agree that the Contents herein are provided on an "as is" and “as available” basis and are of a general nature. You are under an obligation to seek independent legal advice, or other advice as you shall deem necessary before visiting, browsing, using and/or maintaining an account on or with the Yippi Platforms. You accept that all data and/or information contained in the Yippi Platforms, Services and/or Software are provided for informational purposes only.
8.2 Toga, its subsidiaries, authorised agents, affiliates, suppliers, and service companies that provide support to the Yippi Platforms and any related parties hereby disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, suitability, quality or fitness for purpose of the Yippi Platforms, Services and/or Software.
8.3 Toga does not warrant or represent that access to the Yippi Platforms, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failures, errors or loss of transmitted information, that no viruses, or other contaminating or destructive properties shall be transmitted or that no damage shall occur to your mobile phone.
8.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Yippi Platforms, Services and/or Software are entirely at your own risk and Toga shall not be liable therefore.
9. Limitation of Liability
9.1 Toga, its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents shall not in any event be liable to you or any party for any direct, indirect, punitive, incidental, economic, special, consequential or exemplary damages or losses of any type or kind (including without limitation damages for personal injury, emotional distress and loss of profits, goodwill, data, goods, or other intangible losses) that result from the use or inability to use the Yippi Platforms, Services and/or Software.
9.2 Toga, its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents assume no responsibility and liability for any losses and damages whatsoever or howsoever caused, either directly or indirectly, arising from:-
(a) errors, mistakes or inaccuracies of the content posted, uploaded or shared on the Yippi Platforms;
(b) an illegal access to or use of the Yippi Platforms, Services and/or Software by a third party;
(c) reliance by you on any data or information made available through the Yippi Platforms, Services and/or Software;
(d) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus, bugs or other malicious, destructive or corrupting code, agent program or macros; or
(e) any act of Toga that is not intentional or negligent.
10. Service Termination
10.1 You may terminate the use of the Yippi Platforms by closing or deleting your account. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until you completely discharge yourself by paying for any outstanding purchases and any applicable taxes or delivery charges, if applicable.
10.3 Toga may also suspend or close any account which has been dormant and/or inactive for more than twelve (12) months.
11.1 Toga may give notice, whether such notice is required by law or for marketing or business-related purposes, to you via “push” mobile notification, email, ordinary post, registered mail or pre-paid post or through posting of such notice on the Yippi Platforms or any other mode as determined by Toga. Such notice shall be deemed to have been given upon the expiration of three (3) days after mailing or posting (if sent by ordinary post, registered mail or pre-paid post) or at the time of transmission provided that the transmission report states that it has been received in full and without error (if sent by email). You may give notice to Toga (such notice shall be deemed given when received by Toga) by letter sent by courier or registered mail to Toga using the contact details as provided on the Yippi Platforms.
13.1 Any terms, conditions, stipulations, provisions, covenants or undertaking herein contained which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other terms, conditions, stipulations, provisions, covenants or undertaking contained herein.
15. Entire Agreement
17. Third Party Rights
18.2 If the dispute or claim is unsettled, such dispute or claim shall be subsequently referred to Kuala Lumpur Regional Centre for Arbitration (“KLRCA”), in accordance with the Rules of the KLRCA as modified or amended from time to time (the “Rules”). The arbitration shall consist of a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). The venue of the arbitration shall be Kuala Lumpur, in the English language and any fees, costs and expenses incurred in connection with the arbitration shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
18.3 Notwithstanding Clause 18.2 above, Toga reserves the right to seek injunctive or other equitable relief from courts in relation to protection of intellectual property rights, confidential information and/or unauthorised access to the Yippi Platforms, Services and/or Software.
19. Law and Jurisdiction
19.2 You hereby agree that you shall comply strictly with all the laws applicable to you in your jurisdiction in respect of the use of the Yippi Platforms, Services and/or Software
20.1 The Term Of Use shall be prepared and executed in English and if translated into a language other than English for any purpose, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this .