GENERAL TERMS & CONDITIONS

PREAMBLE

1. By registering as a User of Koko you accept the following terms and conditions (the “GTC”) for the use of Koko.
2. These Terms and Conditions govern the contractual relationship between you (the “User”) and Ideawise Limited, Room 604 Alliance Building, 133 Connaught Road, Central Hong Kong, HK (“we” or “Koko”). You can call up, print out, download or save these GTC at any time, even after the conclusion of the contract, on any Koko sub-page.
3. Terms and conditions of the User which deviate from these conditions shall not apply if they have not been confirmed by us in writing.
4. We are entitled to amend these GTC unilaterally insofar as this is necessary for the elimination of equivalence disturbances arising subsequently or for adaptation to changed legal or technical framework conditions (e.g. in the event of changes in laws or case law relating to the protection of minors, health protection, tax law etc.).
5. We will inform you of any changes by notifying you of the contents of the changed regulations to your last known email address. The amendment shall become part of the contract unless you object to its inclusion in the contractual relationship with us in writing or text form within four weeks of receipt of the notification of amendment. In the event of your objection, we reserve the right to terminate the contractual relationship. We will inform you separately of the significance of this four-week period in the email containing the amended terms and conditions. However, this only applies if you use our services and are registered on Koko at the time the terms and conditions are changed.
6. If you use Koko as a consumer and you sign up for paid contents and memberships, you have a legal right of withdrawal, about which Koko instructs you as follows:

Withdrawal waiver & withdrawal instruction

Withdrawal waiver

1. If you conclude a contract with us for the delivery of digital content on Koko, you will generally expressly agree that we will begin to execute the contract before the expiry of the statutory withdrawal period. In this case, you lose your right of Withdrawal with the consent with the beginning of the execution of the contract. You will separately confirm both your consent to the execution before expiry of the statutory Withdrawal period and your knowledge of the associated consequence of the loss of your right of Withdrawal (in total “Withdrawal waiver”).

Right of Withdrawal

1. After the purchase, you as a consumer have the possibility to withdraw from the contract within 14 days from the day of the conclusion of the contract, as long as you have not exercised a waiver of withdrawal, which is a prerequisite for immediate use of the purchased product.
2. Specifically, if you have purchased a service, your right of withdrawal will expire after you have given your express consent and confirmed that you will lose your right of withdrawal upon Ideawise Limited’s full performance of that service.
3. If you have purchased Content which is not on a physical medium, you will forfeit your right of withdrawal after you have expressly agreed that Ideawise Limited will commence performance of the agreement prior to the expiry of the withdrawal period and you have confirmed by your knowledge that your consent will forfeit your right of withdrawal upon commencement of performance of the agreement.
4. In order to exercise your right of withdrawal, you must contact the company authorized to accept declarations of withdrawal: SmH Servicecenter.de GmbH, Metzer Str. 13, 13595 Berlin; Tel. No. 0800/3335521; Fax. No. 030-338405-999; email: smh-team@servicecenter.de by means of a clear declaration (e.g. a letter, fax or email sent by post) of your decision to revoke this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the Withdrawal period.

Withdrawal Consequences

1. If you withdraw from this Agreement, we will reimburse to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different type of delivery from the cheapest standard delivery offered by us), immediately and no later than 14 days from the date we receive notice of your Withdrawal of this Agreement.
2. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
3. If you have requested that the services commence during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided in the Agreement.

§ 1 General

1. Koko is a mobile app and online dating community. On Koko you have the possibility to get to know other Users, upload content (texts, pictures, videos, etc.) and exchange yourself in forums with other Users.
2. Registering with us and using the Koko mobile app or related web-pages or further applications (collectively the “Platform”) is basically free of charge. You can also sign up with Koko for paid Memberships. These are explicitly marked accordingly. More detailed information can be found in the Koko App. The respective prices are available in the price overview on Koko.
3. Koko’s offer is offered exclusively to individuals of full age.
4. The use of the Koko Platform requires a commercially available device with an internet connection and a current operating system. You are responsible for providing and configuring the required software and/or plug-ins.
5. Communication between Koko and you will take place exclusively via email or after registration via messages within the Platform. Statements and information sent to you by email will be deemed received as soon as they are received by your email server and you can retrieve them under normal circumstances.

§ 2 Services

1. We provide you with the app for using the services on Koko for independent use.
2. Your registration and the standard membership at Koko are free of charge. You can also sign up for a “paid membership” to unlock additional features that complete the use of Koko (see also the withdrawal information).
3. You already complete the free membership by registering with Koko. The free membership is not bound to a duration and there are no costs for you when using it. On the membership overview page, you can view the features included in the free membership.
4. With the paid memberships you acquire additional functions, which facilitate the use of Koko for you and help you with the contact search. These additional functions give you clear advantages over a free membership. You can see in detail the distribution of the individual functions and advantages of both paid memberships on the overview page of the Memberships on Koko.
5. We may provide you with a point system when you use the Platform (the points are called diamonds at Koko); details may be found in the information on the Platform. Within the framework of this points system, you can collect points which you can then use for additional services on our Platform. No matter how you earned your points, you will not be able to cash out your points. You can only use the points on our Platform.
6. In the case of all paid memberships or other remunerated services within the framework of the points system, a claim to the service covered by the respective membership exists only and exclusively after final payment has been made by the user.

§ 3 Registration & Profiles

1. To register with Koko, you must complete a registration form to complete the registration process. By registering on Koko you are making an offer to conclude a user agreement with us. After your registration, you will receive an email from us confirming the conclusion of the contract. You have no legal claim to the conclusion of a user contract with us. The contract language is German. We do not store the contract text.
2. For your registration at Koko, you can use an email address to which we will send you a confirmation link. Only if you confirm your email address can we communicate with you by email at all. If there is no confirmation, we are entitled to contact you exclusively on the Platform itself.
3. When you register, you set your own password, unless you use the single sign-on according to § 4. The password protects the use of Koko by unauthorized persons who could gain access to your profile in your name. You must always treat your password confidentially and may not pass it on to third parties, regardless of whether you use a self-defined password or the single sign-on. You must also protect your password against access by third parties. We encourage you to change your password periodically for your own safety.
4. As an alternative to registering with an email address, we offer a so-called single sign-on. You do not need to enter your email address separately, the registration information you enter is the same as the registration information for supported third parties. Please note, however, that your profile (and thus the concluded contract) is only valid for the duration of the usage contract with the respective third-party provider. The supported third-party providers are displayed on the Platform.

§ 4 User Obligations

1. You are responsible for your activities, information and content on Koko. You undertake to comply with the relevant statutory provisions (e.g. the right to one’s own image, the general right of personality – also in the form of the right to informational self-determination, copyright, trademark and name rights and the right to protect minors).
2. You undertake to provide correct and complete information when registering and on your profile and to keep this information up to date at all times. You are obliged to inform us immediately if your email address is deleted or changed.
3. You are only allowed to login to Koko with one profile. With your registration you assure that you are not an existing User of Koko.
4. You undertake to keep your Koko password and any third-party log-in data secret and to ensure for your environment that your log-in data is not made accessible to any third party. You are also responsible for ensuring that your password is not accidentally made available to other persons, especially minors, within your environment. We will never ask you for your password. If you suspect or have knowledge that your password has been misused or a third party has knowledge of your access data and or misuse your account, you are obliged to change your password immediately and contact us directly.
5. A “multiple use of your membership” (that means: different people use Koko using your log-in data) is prohibited.
6. You assure us that you have all necessary rights regarding the content you upload to Koko, and the content you upload to Koko (photos, texts, videos):
   • Do not infringe the rights of third parties (e.g. personal rights, right to one’s own image, copyrights),
   • Do not impair third parties in any other way (e.g. by defamation, libel, slander),
   • Do not violate any other regulations (e.g. the Act against Unfair Competition, the Trademark Act, the Criminal Code, regulations for the protection of minors) and
   • Do not violate our own picture rules and these terms and conditions.

   If necessary, you will prove your ownership of the contents upon our request.

7. You’re obligated to maintain an appropriate tone of voice.
8. You continue to undertake not to do the following:
   • Any unlawful form of advertising communications on Koko (e.g., by distributing telephone numbers, email addresses, links, SMS numbers or other contact possibilities for commercial contact with other Users),
   • The sending of spam,
   • Poaching attempts to lure Koko Users to other portals/Platforms,
   • Capture content or information from Users using automated mechanisms (e.g., bots, robots, spiders or scrapers),
   • Upload any code that harms us or the Platform or restricts or otherwise affects our functionality,
   • Obtain third-party credentials or access an account owned by another User,
   • To tyrannize, intimidate or harass other Users,
   • To publish content which is despicable or threatening or which incites or contains violence,
   • Use KoKo to commit illegal, misleading, malicious or discriminatory acts,
   • Perform actions that could block, overload or interfere with the proper functioning of Koko;
   • and Other misuse of our portal.

§ 5 Sanctions in the event of infringement

1. Compliance with these GTC – in particular, the provisions of § 4 with your duties – is of considerable importance for the functionality of Koko. Therefore, we will impose sanctions against a User in accordance with this regulation if and to the extent that Koko has concrete evidence that a User violates legal regulations, the rights of third parties, morality and/or these General Terms and Conditions. In the event of serious personal attacks, insults, defamation, and threats, we reserve the right to involve the law enforcement authorities.
2. When choosing the sanction to be imposed, we will take into account the interests of the User concerned and, among other things, whether there has been misconduct through no fault of our own or whether the infringement has been committed culpably. The following measures and sanctions may be considered by us depending on the severity of the misconduct:
   • Caution/warning of a User (as mildest remedy),
   • Partial and complete deletion of contents of a User,
   • Demand proof of the authenticity of the respective profile,
   • Restriction on the use of Koko,
   • Temporary blocking of a User,
   • Final blocking of a User and issuing of a virtual house ban.
3. The sanction imposed has no influence on the payment obligation of the User with regard to the remaining term of the respective membership.
4. In the event of culpable and serious breach of the provisions of § 4 of these General Terms and Conditions, we reserve the right to assert claims for damages in the amount of the respective damage.

§ 6 Liability of Koko

1. We do not assume any liability for the constant accessibility or availability of our Platform and are not liable for downtimes due to necessary maintenance work or new errors, as far as these were not foreseeable and can also be undermined by a conscientious average programmer.
2. An editorial review of the content posted by the User does not take place. Therefore, we assume no liability for the accuracy, completeness and usability of the information and content published on Koko.
3. According to the statutory provisions, we are not obliged as a service provider to monitor the transmitted or stored information of our Users or to investigate circumstances that indicate illegal activity. These contents also include links set by you within Koko. If, however, we become aware of an illegal act by a User or information within Koko, we will immediately remove it or block the User’s access to Koko.
4. We do not check the websites of other providers for their content or legality and can therefore not influence their design. We dissociate ourselves from any unlawful content presented there and are not responsible for the content of any Platform to which links are provided. You use the links to third-party websites at your own risk.
5. We do not assume any liability for any disfavour of the offer provided by Koko in accordance with the agreement, or for individual contents, services, and performances, nor for the fact that you can establish successful contacts with others at Koko.
6. We are exclusively liable for damages caused by ourselves, our legal representatives or our vicarious agents intentionally or grossly negligently. Liability for simple negligence is limited to the violation of essential contractual obligations (cardinal obligations). The amount of our liability shall then be limited to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract.
7. As far as our liability is limited according to these conditions, this limitation does not apply in case of injury of body, life and health, as well as in case of liability according to the regulations of the product liability law.
8. The identification of persons on the Internet is only possible to a limited extent. We cannot, therefore, exclude the possibility that incorrect data will be entered when registering on Koko. Koko, therefore, does not guarantee the real identity of a User. Each User has to convince himself of the identity of another User.

§ 7 Term and Termination of the User Agreement

1. You can cancel the user contract for the free membership at any time on the overview page of the memberships on Koko with immediate effect. Koko is entitled to cancel your free membership at any time with immediate effect.
2. The details of the paid memberships will be communicated to you by the respective App Store upon purchase; the duration is at the discretion of the respective App Store provider, we have no influence on it. You can also cancel your paid membership at any time, but only with effect from the end of the term. If you do not cancel a paid Membership within the timeframe you have chosen, it will be extended by the period of the Membership you chose when you concluded the membership. After the expiration of the time, you will be returned to the free membership, which in turn is terminable according to the above § 7 No. 1. The cancellation before the end of the remaining term has no influence on your payment obligation.
3. In the case of paid memberships, Koko is also entitled to terminate the membership at any time with effect from the end of the term. The right to immediate (immediate) extraordinary termination for important reasons remains unaffected for you and us.
4. Koko also reserves the right to irrevocably deactivate User accounts with incomplete registration data and User accounts that have been inactive for a period of at least 12 months. In this case, the contract will continue, but you have the right to cancel the contract at any time. Reactivation of the profile is possible. However, a claim to this does not exist.

§ 8 Data Protection

1. We are aware that it is extremely important for our Users to handle all personal data transmitted by Users to Koko in a particularly sensitive manner. We, therefore, observe all relevant statutory data protection requirements.
2. Detailed information on the collection, processing, and use of the User’s personal data can be found in Koko’s privacy policy. You can find our privacy policy here: https://www.hallokoko.com/de/privacy-policy.

§ 9 Change of the Platform

1. We reserve the right to change Koko and the functions contained in the online offer to improve the user experience on the Platform. We will notify you of any changes. To do this, we can remove individual functions from Koko, add new functions or replace existing functions with others. Insofar as these functions are assigned to a paid Membership, we will ensure that the functions to be changed are properly balanced.

§ 10 Payment Provider / Default of Payment

1. In order to process payments for payment memberships, Koko cooperates with external payment providers. If you make a payment to us, you must agree to the terms and conditions of the respective payment provider, which you will be given a separate opportunity to do before payment. You can choose between the different payment methods displayed. If you do not agree with the general terms and conditions of the payment provider, we cannot offer you our payment memberships. There is no entitlement to a specific payment method or the exclusion of external payment providers.
2. In the event of an increase in the statutory value added tax, we shall be entitled to adjust our prices accordingly. This shall also apply in the event that mandatory expenses (e.g. costs for hosting or traffic) should increase for the fulfilment of the contract without the price increase being based on reasons attributable to us. You will be informed of a possible price increase in good time so that it is possible for you to cancel the user agreement in due time for convenience. Conversely, we are obliged to pass on a corresponding tax or price reduction to you.
3. If (due to lack of cover or other reasons for which you are responsible) bookings that have not been redeemed or have been wrongfully cancelled by you give rise to costs, you undertake to bear these costs. These costs are charged to us by the bank, the credit card company or the payment provider and their amount depends on the payment method used and the bank or billing service provider involved.

§ 11 Assignment of Rights to Content and Rights of Use to the Koko Platform

1. All rights to the Koko Platform remain the property of Koko. Koko grants the user a non-exclusive and non-transferable right to use the Platform for the duration of this agreement as intended and in accordance with these terms of use.
2. Insofar as the user posts his own copyrighted content such as news, photos or reviews on the Platform, he grants Koko the non-exclusive, transferable, sublicensable, royalty-free, temporally and spatially unlimited right to use this content for the purpose of providing the respective service on the Platform to the extent necessary for this purpose. The right of use granted by the user therefore includes the right to reproduce the contents technically (e.g. within the scope of storage), to edit them and to make them publicly accessible on the Platform. The right of public access ends when the user removes a posted content from the Platform.

§ 12 Survival

1. Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. Any provisions of these Terms of Use that are not included or are invalid shall be replaced by statutory law. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the unincorporated or ineffective provision with an effective provision that comes as close as possible to it economically.

§ 13 Final provisions

1. German law applies exclusively. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
   Please direct your Koko related questions to our support team: support [at] hallokoko.com

Valid from: 15. September 2019

The Terms & Conditions valid until September 14th, 2019 you can find here