TERMS OF USE
Last updated 31 August 2026
AGREEMENT TO OUR LEGAL TERMS
We are Somewhat Tiger Parents Pte. Ltd., doing business as Toshi ('Company', 'we', 'us', or 'our'), a company registered in Singapore at 513 Balestier Road, Singapore 329850. Our UEN number is 202525993D.
We operate the Toshi mobile application and website (together, the 'Platform'), through which we make available: (a) our family calendar application (the 'Calendar App'), which helps you plan and organise your family's schedule and track your children's learning and development; and (b) our events marketplace available at heytoshi.com/events (the 'Events Portal'), through which independent organisers list, and members of the public discover, register for, and where applicable purchase tickets to, classes, workshops, camps, and other events. The Calendar App, the Events Portal, and any other related products and services that refer or link to these legal terms are together the 'Services'. Certain capitalised terms used in these Legal Terms are defined in Section 1 below.
You may contact us by email at [email protected].
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you') and Somewhat Tiger Parents Pte. Ltd., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time, including any policy specific to the Events Portal, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
You must be at least 18 years old to register an account with us (an 'Account'). Persons under the age of 18 may not create an Account or contract with us directly. If you are a parent or legal guardian, you may use your own Account to add your child's activities to a shared calendar, and to register your child as an Attendee for an Event or purchase a Ticket on your child's behalf, as described in Section 6 (Events Portal Terms) below.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
In addition to other terms defined elsewhere in these Legal Terms, the following capitalised terms have the meanings given below:
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (such as health-data regulations equivalent to the Health Insurance Portability and Accountability Act (HIPAA)), so if your interactions with us would be subject to such laws, you may not use the Services for that purpose.
The Events Portal is an online marketplace only: a website and in-app service that allows Organisers to list Events and allows members of the public to discover and register for them. We do not own, lease, or operate any physical premises at which an Event takes place, we do not organise, host, sponsor, endorse, or promote any Event, and an Event is not offered, sold, or provided by us. Section 6 sets out the specific terms that apply to the Events Portal, including our role as between Organisers and Attendees.
Routines
The Calendar App includes a library of Routines: structured, recurring plans and systems (such as our meal-planning, spelling, 听写, and study and revision Routines) that you can set up within your calendar. A Routine may be an Internal Routine, where the content and functionality, including any worksheet, practice material, or audio generated for you, is produced by us, including with the assistance of AI Products as described in our Privacy Policy, or an External Routine, where some or all of the content is supplied by a Content Partner under a separate agreement between us and that Content Partner.
Where a Routine is an External Routine, the Content Partner is our supplier or licensor and is not a party to these Legal Terms. Your agreement for the Services, including for any External Routine, remains with us, and we remain responsible to you for the Calendar App as a whole. Content supplied by a Content Partner is licensed to you for your personal, non-commercial, family use only, in the same way as our other Content under Section 3; you may not extract, copy, redistribute, resell, or publish Content Partner material outside the Calendar App.
Routine content, including Content Partner material and any worksheet, practice material, or audio generated for you (whether for an Internal Routine or an External Routine), is provided for general educational and informational purposes. We do not guarantee that any Routine will achieve a particular learning outcome, academic result, or examination grade, and a description of how or by whom a Routine was designed (for example, that it was designed by a named individual or organisation) describes how its content was developed and is not a guarantee of outcome.
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website and app designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). Content includes, for example, the category taxonomies, templates, and pricing information we make available on the Events Portal.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) in Singapore and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to: (a) access the Services; and (b) download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to [email protected]. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand (a) the rights you give us and (b) the obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in that Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
Contributions: The Services, including the Events Portal, may invite or permit you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, music, graphics, Event listings, Event descriptions and images, comments, reviews, ratings, suggestions, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other users of the Services and, for a Public Event, by members of the public who are not registered users.
When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels, and includes our use of your name, your child's name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload. By sending us Submissions and/or posting Contributions, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: although we have no obligation to monitor any Contributions, we have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider them harmful or in breach of these Legal Terms. If we do so, we may also suspend or disable your Account and report you to the authorities.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; (7) your use of the Services will not violate any applicable law or regulation; and (8) if you create an Event as an Organiser, you additionally represent and warrant each of the matters set out in Section 6.4.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register for an Account to use the Services. A single Account may be used to access both the Calendar App and the Events Portal, whether as an Organiser, an Attendee, or both. You agree to keep your password confidential and will be responsible for all use of your Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.
This Section 6 contains additional terms that apply specifically to your use of the Events Portal, whether as an Organiser, an Attendee, or both. These terms are in addition to, and not in place of, the rest of these Legal Terms, which continue to apply. If there is any conflict between this Section 6 and any other part of these Legal Terms as it relates to the Events Portal, this Section 6 will prevail.
6.1 Our Role: An Online Marketplace, Not an Organiser or Venue
The Events Portal is an online marketplace: a website and in-app service that enables Organisers to list Events and enables members of the public to discover, register for, and where applicable pay for, those Events. We are a technology platform only. We do not own, lease, manage, or otherwise control any physical premises, venue, or location at which an Event is held, whether or not that location is named in an Event listing. We are not the organiser, host, sponsor, promoter, or insurer of any Event, and we are not a party to any contract formed between an Organiser and an Attendee for an Event, which is formed directly between them. Except for our own limited role in operating the Events Portal and, for Paid Tickets, facilitating payment collection through Stripe as described in Section 6.6, we have no control over, and assume no responsibility for: (a) whether an Event takes place as scheduled, at all, or in the manner described; (b) the quality, safety, legality, or suitability of any Event, including the physical premises at which it is held; (c) the accuracy of any Event listing; or (d) the conduct of any Organiser or Attendee, whether on the Events Portal or at an Event.
6.2 Eligibility to Organise or Register
Only a holder of an Account may create an Event or register as an Attendee. As set out in the introduction to these Legal Terms, you must be at least 18 years old to hold an Account. Where an Event is suitable for, or directed at, children, a child may attend or be registered as an Attendee only through the Account, and under the supervision, of their parent or legal guardian. We do not permit a person under 18 to hold an Account or to organise an Event in their own name.
6.3 Public and Private Events
When creating an Event, an Organiser may choose to make it a Public Event, which is displayed in search and listing results on the Events Portal and may be viewed by any visitor, or a Private Event, which is not displayed in search or listing results and is accessible only to a person who has the direct link to it. An Organiser is solely responsible for controlling and limiting the distribution of the link to a Private Event; we are not responsible if a Private Event link is shared, forwarded, or otherwise made available by an Organiser, an Attendee, or any third party beyond the audience the Organiser intended.
6.4 Creating and Listing an Event
When you create and publish an Event, whether Public or Private, you represent, warrant, and agree that:
We may, but are not obliged to, review, moderate, or remove any Event listing at our discretion, including where we consider it may breach these Legal Terms or expose us, an Attendee, or any third party to risk. We do not vet, endorse, or guarantee any Organiser or Event, whether or not we have reviewed or approved its listing.
6.5 Information Collected on Registration
When an Attendee registers for or purchases a Ticket to an Event, we always disclose the Attendee's Toshi username, mobile phone number, and email address to the Organiser, as this information is associated with the Attendee's Account and is necessary for the Organiser to administer the Event and communicate with the Attendee about it. An Organiser may configure additional fields in its registration form to collect further information reasonably necessary for the Event (for example, dietary requirements, emergency contact details, or the name and age of a child attending). By registering for an Event, an Attendee consents to their information being collected and disclosed as set out in that Event's registration form.
An Organiser must only request information that is reasonably necessary for the Event, must handle any personal information it collects in accordance with applicable data protection law (including Singapore's Personal Data Protection Act 2012), and must not use an Attendee's information for any purpose other than administering the Event and communicating with the Attendee about it, unless the Attendee has separately and clearly consented. When an Organiser receives an Attendee's information through the Events Portal, the Organiser does so as an independent controller of that information and not as our processor or on our behalf; we are not responsible for an Organiser's collection, use, storage, or disclosure of that information. Further detail is set out in our Privacy Policy.
6.6 Tickets, Pricing, and Payment
An Organiser sets its own Ticket types, prices, and capacity for each Event, which may include Free Tickets, Paid Tickets, or both. Where an Event offers a Paid Ticket, payment is processed by Stripe, our third-party payment processor, and not by us. When an Attendee pays for a Paid Ticket, Stripe processes the payment and deducts its own processing fees, remits our Platform Fee (as set out on the Pricing Page, which may vary depending on the Organiser's subscription tier) to us, and pays the remaining balance to the Organiser's Merchant Account. We do not receive, hold, or have access to the Ticket price beyond our Platform Fee, and we do not act as trustee, escrow agent, or fiduciary for, and do not hold on trust, any part of a Ticket price payable to an Organiser.
Prices are shown in the currency indicated on the relevant Event listing or the Pricing Page. Save as expressly stated otherwise, all fees and prices are exclusive of any Goods and Services Tax or other applicable tax, which is the Organiser's responsibility to determine and account for in respect of its Ticket sales.
6.7 Merchant Accounts and Verification
Before an Organiser can accept payment for a Paid Ticket, the Organiser must create, and connect to their Account, a Merchant Account with Stripe. Creating a Merchant Account is free of charge to the Organiser. As an independent, regulated payment institution, Stripe will conduct its own identity verification and 'know-your-customer' checks on the Organiser before enabling the Merchant Account to receive payments, in accordance with Stripe's own terms and policies (including the Stripe Connected Account Agreement, as made available by Stripe from time to time), which the Organiser must separately review and accept. We do not perform these checks ourselves, do not control Stripe's decision to approve, restrict, suspend, or close a Merchant Account, and are not responsible for any such decision or for any delay, error, or loss arising from Stripe's processing of a payment or verification.
6.8 Events Pro Subscription
We may offer a paid subscription tier for Organisers (currently marketed as 'Events Pro') that unlocks additional features and, as set out on the Pricing Page, a reduced Platform Fee on Paid Tickets. An Events Pro subscription is billed in accordance with Section 8 (Subscriptions) below.
6.9 Cancellations, Postponements, and Refunds
Each Organiser is solely responsible for setting, disclosing, and honouring its own policy on cancellations, postponements, changes, and refunds for its Events, and should state that policy clearly on the Event listing. We are not obliged to issue, or to compel an Organiser to issue, a refund of any Ticket price. Where an Event is cancelled, postponed, materially changed, or does not take place as described, any right an Attendee may have to a refund of the Ticket price is a matter between the Attendee and the Organiser, save to the extent a refund is required under applicable consumer protection law. We may, at our discretion, assist in facilitating communication between an Attendee and an Organiser regarding a refund request, or refund all or part of a Platform Fee, but doing so on one occasion does not obligate us to do so again.
6.10 Attendee Conduct and Assumption of Risk
Attending an Event, including any Event involving physical activity, travel, food or beverages, equipment, or interaction with other attendees or children, carries inherent risks. To the fullest extent permitted by law, you attend, and permit any child in your care to attend, an Event at your own risk, and we are not liable for any injury, loss, damage, or expense suffered by you or that child in connection with an Event or an Organiser's conduct. Nothing in these Legal Terms excludes or limits our liability for death or personal injury caused by our own negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
6.11 Organiser Indemnity
In addition to your obligations under Section 22 (Indemnification), if you are an Organiser, you agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable legal costs, arising out of or in connection with: (a) your Event, including its cancellation, postponement, or the manner in which it is conducted; (b) any injury, loss, or damage suffered by an Attendee or any third party at or in connection with your Event; (c) your breach of Section 6.4 or 6.5; or (d) any dispute between you and an Attendee, including in relation to a refund.
6.12 Removal and Suspension
We may, at our discretion and without liability to you, remove or unpublish any Event listing, decline to process a payment, or suspend or terminate an Organiser's or Attendee's access to the Events Portal, including where we consider that an Event or a user's conduct breaches these Legal Terms, applicable law, or poses a risk to any person, to us, or to Stripe's payment services.
We accept the following forms of payment for purchases made directly with us, such as a subscription to an individual paid Routine, an Events Pro subscription, or another in-app purchase through the Calendar App: Visa, Mastercard, American Express, and any other payment method we make available from time to time, including through Apple's or Google's in-app purchase systems. This section does not apply to payment for a Paid Ticket, which is processed by Stripe as described in Section 6.6.
Prices for purchases made directly with us are shown in the currency indicated at checkout or on the applicable pricing page, which may be Singapore Dollars or United States Dollars depending on the Service. You agree to provide current, complete, and accurate purchase and account information for all purchases, and to promptly update this information, including your payment method and its expiry date, so that we can complete your transactions and contact you as needed. We may change prices at any time; the price in effect at the time you complete a purchase will apply to that purchase.
You agree to pay all charges at the prices then in effect for your purchases, and you authorise us (or, where applicable, Apple, Google, or Stripe on our behalf) to charge your chosen payment method for those amounts. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, and to refuse, limit, or cancel any order in our sole discretion, including where we suspect fraud or abuse.
Billing and Renewal
You may hold one or more subscriptions at the same time, including a subscription to an individual paid Routine (for example, our Spelling or 听写 Routines, each of which is currently offered as a separate paid plan), a general Calendar App subscription, and an Events Pro subscription. Each subscription will continue and automatically renew independently of any other subscription you hold, unless you cancel that specific subscription. You consent to us charging your payment method on a recurring basis for each subscription you hold, without requiring your prior approval for each recurring charge, until you cancel it. The length of the billing cycle depends on the plan you choose. Before a subscription first converts from a free trial or promotional period into a paid, recurring charge, and before any renewal at a higher fee than you were last charged for that subscription, we will give you reasonable advance notice as required by applicable law, including Singapore's Consumer Protection (Fair Trading) Act 2003 and its subsidiary legislation on negative option and opt-out practices.
Cancellation
All subscription purchases are non-refundable. You may cancel any subscription independently of any other subscription you hold, at any time, through your Account settings or, for an in-app purchase, through the applicable App Distributor's account settings; cancelling is no more difficult than subscribing. Cancelling one subscription (for example, a paid Routine) does not cancel any other subscription you hold (for example, Events Pro), unless you cancel that one too. Your cancellation will take effect at the end of the current paid term for that subscription. If you have questions or are unsatisfied with our Services, please email us at [email protected].
Fee Changes
We may, from time to time, change a subscription fee, including the fees or Platform Fee tiers shown on the Pricing Page, and will communicate any price change to you in accordance with applicable law before it takes effect for your then-current subscription term.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us, such as creating and publishing an Event as an Organiser in accordance with Section 6.
As a user of the Services, you agree not to:
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, Event listings, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, 'Contributions'). Contributions may be viewable by other users of the Services, and, for a Public Event, by the public. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:
Given that our Services are used by families and may involve content about or directed at children, we treat any breach of the representation above concerning minors as a zero-tolerance matter: we will immediately remove the content, may permanently terminate the accounts involved, and will report the matter to the Singapore Police Force and, where applicable, the relevant authorities in any other jurisdiction, or an organisation such as the National Center for Missing & Exploited Children (NCMEC), without further notice to you.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorise sublicences of the foregoing.
This licence applies to any form, media, or technology now known or hereafter developed. You waive all moral rights in your Contributions. We do not assert ownership over your Contributions; you retain full ownership of them and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any responsibility regarding them.
We have the right, in our sole discretion, to edit, redact, re-categorise, pre-screen, or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
User Licence
If you access the Services via our mobile application (the 'App'), we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, or attempt to derive the source code of the App; (2) modify, adapt, or create derivative works from the App; (3) violate any applicable laws in connection with your use of the App; (4) remove or obscure any proprietary notice on the App; (5) use the App for any revenue-generating endeavour other than as permitted under Section 6; (6) make the App available over a network permitting access by multiple devices or users simultaneously; (7) use the App to create a competitive product or service; (8) use the App to send automated queries or unsolicited commercial messages; or (9) use our proprietary information in the design or distribution of any application, accessory, or device for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from the Apple App Store or Google Play (each an 'App Distributor'): (1) your licence is limited to a non-transferable licence to use the App on a device that runs Apple iOS or Android, in accordance with the applicable App Distributor's usage rules; (2) we, not the App Distributor, are responsible for providing any maintenance and support for the App; (3) in the event of any failure of the App to conform to an applicable warranty, you may notify the App Distributor, which may refund the purchase price for the App, and to the maximum extent permitted by law will have no other warranty obligation; (4) you represent that you are not located in a country subject to a government embargo and are not on any prohibited or restricted party list; (5) you must comply with applicable third-party terms of agreement when using the App; and (6) the App Distributors are third-party beneficiaries of this section and may enforce it against you.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates these Legal Terms or the law, including reporting such user to law enforcement; (3) refuse, restrict, limit, or disable any of your Contributions; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.
We care about data privacy and security, including in relation to information shared through the Events Portal. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Singapore. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Services, you are transferring your data to Singapore, and you expressly consent to have your data transferred to and processed in Singapore.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES, DELETE ANY EVENT YOU HAVE LISTED, OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your Account for any reason, you are prohibited from registering a new Account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services, and will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.
These Legal Terms shall be governed by and defined following the laws of Singapore. Somewhat Tiger Parents Pte. Ltd. and you irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms, subject to Section 18 below.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute') brought by either you or us (each a 'Party'), the Parties agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.
Binding Arbitration
Any Dispute, including any question regarding the existence, validity, or termination of these Legal Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ('SIAC') in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ('SIAC Rules') for the time being in force, which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator, unless the SIAC Rules or the parties otherwise agree. The language of the arbitration shall be English. The governing law of these Legal Terms shall be the substantive law of Singapore.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right for any Dispute to be arbitrated on a class-action basis; and (c) there is no right for any Dispute to be brought in a representative capacity on behalf of the public or other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions: (a) Disputes seeking to enforce or protect, or concerning the validity of, intellectual property rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found illegal or unenforceable, neither Party will elect to arbitrate the Dispute falling within that portion, and it shall be decided by a court of competent jurisdiction under Section 17, to whose personal jurisdiction the Parties agree to submit.
There may be information on the Services, including on Event listings and the Pricing Page, that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, INCLUDING ANY EVENT LISTING, AND WE ASSUME NO LIABILITY FOR: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING YOUR ATTENDANCE AT AN EVENT; (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT, ORGANISER, OR ATTENDEE, OR FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES. IN PARTICULAR, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY EVENT LISTED ON THE EVENTS PORTAL WILL TAKE PLACE AS SCHEDULED, WILL BE SUITABLE, SAFE, OR OF SATISFACTORY QUALITY, OR WILL BE CONDUCTED IN ACCORDANCE WITH ITS LISTING. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Nothing in this Section 20 excludes or limits our liability for death or personal injury caused by our own negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law, including the Unfair Contract Terms Act 1977 of Singapore.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
Where a Dispute relates to the Events Portal, and to the extent permitted by law, our total liability to you under this Section 21 is limited to the greater of (a) SGD 100, and (b) the total Platform Fees paid by or attributable to you in the six (6) month period prior to the cause of action arising. For the avoidance of doubt, this cap excludes, and we are not liable for, any part of a Ticket price that is or was payable to an Organiser, or any amount processed by Stripe that does not form part of our Platform Fee. This Section 21 is subject to the savings clause in Section 20.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims. If you are an Organiser or an Attendee, you additionally agree to the specific indemnities and assumption of risk in Section 6.11 and Section 6.10, which are in addition to this Section 22.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights under any law that requires an original signature or the delivery or retention of non-electronic records.
By providing your mobile phone number and opting in via heytoshi.com (or any other Toshi opt-in flow), you consent to receive verification and other service-related text messages from Toshi, delivered through AWS Notify. This may include Account notifications and service-related messages about an Event you have registered for or are organising. Message frequency may vary depending on your usage of the Services.
You can reply HELP at any time for assistance, or reply STOP to cancel and opt out of further messages. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. For questions about the Services, please email [email protected]. For details on how we handle your information, please review our Privacy Policy at heytoshi.com/privacy.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services, including our Privacy Policy and Pricing Page, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us, or between us and any Organiser, as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Somewhat Tiger Parents Pte. Ltd.
513 Balestier Road
Singapore 329850