Welcome to Toby
The following Agreements governs our business relationship and how Users access and use our website.
When you access our website, content, or servers, you are agreeing to these Terms of Service.
If you do not agree with these terms, you may not access or otherwise use our website, content, products, or services.
TERMS OF SERVICE
Please review and read these Terms of Service before accessing our website or using any of the services offered.
For the purposes of this agreement, “user” means “visitor”, “user”, “provider”, “customer”, “client”, “you” or “your”.
Toby / TOBY PTE LTD means “company”, “us”, “we”, and “our”.
This is a legally binding agreement between our company and the user.
When you register as an user, use or otherwise access our website, you agree to all terms and conditions contained in this Agreement.
Other policies and terms are incorporated herein and supplement this agreement, such as our Intellectual Property Policy.
We may publish rules, policies, and procedures from time-to-time on our website, and we reserve the right to amend or change these Terms at any time.
Terms of service apply to all users of our website and services.
Our website was designed for our customers to use for any and all lawful and legal purposes.
However, users are prohibited from:
(a) using any data mining, robots, or data extraction methods;
(b) manipulating or using framing or similar navigational technology;
(c) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any person, user, company, or other third parties for any product or service unless you have their permission; and
(d) using our website or any of its content other than for its intended purpose, including but not limited to:
defamation; harassment; stalking; abusive or threatening behavior; or any behavior that might violate the substantial rights (such as rights of privacy) of others.
You are strictly prohibited from impeding or interfering with the security of our website or otherwise abusing our system resources.
REGISTRATION AND ELIGIBILITY
Users can visit, browse, or observe our website and its content without registering, but as a condition of using certain aspects of our website, you may be required to register.
When registering, you warrant and promise that you are providing us with accurate and complete registration information, such as name; email; phone number; and password.
It is the user’s responsibility to maintain, protect, and keep their registration information up-to-date.
If you fail to do so, you may be breaching these Terms, which can result in the termination of your account.
We reserve the right to refuse registration of or cancel an account at any time.
You agree that you are solely responsible and liable for activity on your account.
You also understand that you must keep your account password confidential.
You must immediately notify us via email or phone if you believe your account security has been breached.
We reserve the right to refuse service to anyone; edit, supplement, or delete information on our website; and reserve the right to make changes with or without notice to you.
It is your responsibility to ensure these Terms of Service comply with all laws, rules, and regulations applicable to you.
Users can register an account for free on our website and may register more than one account.
Upon opening a new account, you will be asked to provide: your name, email, phone number and password.
Additional information will be required for proper placement of your service including but not limited to Location, Title, Description, Date, Time, Note, and Payment Mode.
We do not guarantee the correctness or accuracy of any content or information posted by users.
You agree that any content accessed by you is at your own risk, and you agree to accept responsibility for any damages or losses you or a third party accessing our website might incur.
The term "Content" includes and is not limited to: data; files; pictures; video, audio, or media recordings; postings; comments; information; text; graphics; and any interactive features made accessible by or through our website.
Our company will monitor all accounts, postings, and content, to prevent fraud and the potential for copyright infringement.
The user understands and agrees that although our company will be monitoring accounts, this does not guarantee that accounts or postings will be free from errors, mistakes, or misrepresentations.
In the event a user discovers any misrepresentation or inappropriate behavior on behalf of another user, they are encouraged to immediately contact our Team via email or phone.
We retain all rights, title, and interest to our own website and Content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
You promise not to infringe upon those rights, and agree to comply with all copyright and trademark laws; copyright notices; logos; service marks; and any restrictions contained in our website’s content.
RULES AND CONDUCT
You are prohibited from using our website or services for any improper, illegal, or prohibited purpose.
Harassment, bullying, obscenities, pornography, sexual services, bigotry, and violence is strictly prohibited.
You must not use this website in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You also may not advertise any other services website; or use or otherwise access a user’s account without permission.
You may not offer or accept payments using any method other than requesting a service through our system. In case you have been asked to use an alternative payment method, please report it immediately to us.
THIRD PARTY SITES AND SERVICES
Our website may allow you to link to other websites on the internet.
If you access a third-party website, you understand and agree it is at your own risk.
You understand we have no control over third-party websites, and you agree that we are not responsible for any content, functions, accuracy, legality, or any other aspect of these websites.
You also acknowledge that we are not liable, directly or indirectly, for any damage or loss that may happen as a result of your use, or reliance on any website; content; as well as goods or services available through these third-party websites.
We reserve the right to terminate your access to all or any part of our website or services at any time, with or without notice to you.
All conditions contained within this Agreement shall survive termination, including, without limitation: warranty disclaimers, indemnity, limitations of liability, and choice of law provisions.
Any breach of the terms of this agreement will also cause the user’s account to be closed.
In the event of termination/closed, the user will not be notified email.
OUR WEBSITE AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
You agree to release us from all liability from having acquired or not acquired content through our website.
We make no warranty or representation concerning any content contained in or accessed through our website or services,
and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed.
You agree to defend, indemnify, and hold us harmless, as well as our employees, officers, affiliates, and agents from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs or liabilities, that arise from or relate to your use or misuse of, or access to:
our website; services; content; URL; links;
violations of these Terms of Service; or infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU ARE ASSUMING ALL RESPONSIBILITY AND RISK FOR USING OUR WEBSITE AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION OR CONTENT CONTAINED THEREIN.
IN NO EVENT SHALL OUR COMPANY OR ANY OF OUR OWNERS, AGENTS, OR EMPLOYEES, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TEN (10.00) SGD DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If any provision of this Agreement is deemed unenforceable, or invalid, the unenforceable or invalid provision shall be deemed modified to the least extent necessary to become legal and enforceable and no other provisions affected thereby.
This Agreement may not be modified, transferred, or assigned, without the prior written consent of both parties to the agreement.
Any and all disputes regarding these terms shall be resolved in a professional and business-like manner, absent resolution, disputes shall be resolved by binding mediation, located in Singapore, with the parties agreeing to share the cost and choice of a third party mediator.
The prevailing party shall be entitled to reimbursement of any and all costs and fees, including but not limited to attorney’s fees.
These Terms of Service shall be governed by and construed in accordance with the laws of Singapore, excluding conflicts of law provisions.