These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by MLKA LTD a company registered in Hong Kong SAR under number 3138585 whose registered office is at Unit 1603, 16th Floor, The L. Plaza 367 – 375 Queen’s Road Central, Sheung Wan, Hong Kong (we or us or Service Provider) to the person buying the services (you or Customer).
You are deemed to have accepted these Terms and Conditions when you click purchase and these Terms and Conditions and our Quotation (the Contract) are the entire agreement between us.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
A “business day” means any day other than a Saturday, Sunday or bank holiday in Hong Kong.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
Connections
Once you have registered and activated your account we will aim to connect you as soon as reasonably possible and notify you when you can start to use your Service.
As required by law we need to undertake identity checks for pre-paid public mobile telecommunications services in most jurisdictions.
We will use reasonable endeavours to complete activations within 2 business days of document submission. Advanced KYC including Address Verification may also be required in some countries which could extend the approval timeline.
Services
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your obligations
You must obtain any permissions, consents, licences or otherwise that we need and must provide us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
You must provide accurate and complete information during the registration process to enable identity checks to take place in line with the requirements of relevant telecommunications regulations.
If you do not comply with clause 14, we can terminate the Services.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees
The fees (Fees) for the Services are set out in the quotation and are paid on an upfront basis. These fees are only applicable to users on any of our prepaid plans.
You must pay for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
Rates for any international calling or data services will be published on our website and will be refreshed from time to time. The published rates will be the prevailing rates should there be any inconsistency.
Cancellation and amendment
We can withdraw, cancel or amend a quotation if it has not been accepted by you and if a number has not been provisioned.
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation i.e. prior to payment being made.
If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the fees and invoiced to you.
If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
We will request payment of the Fees on an upfront basis prior to service commencing. You will receive an email confirmation on completion of payment which will serve as payment confirmation.
At the end of the stipulated service term, your contract will be automatically renewed based on original contract terms. One off incentives on initial subscription will not be carried forward on renewal.
Time for payment shall be of the essence of the Contract. The contract commences as soon as payment occurs. Timing of completion of KYC Identity verification is dependent on you. Refunds will not be provided if the customer cannot complete KYC Identity verification in line with the rules and regulations associated with the relevant jurisdiction.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding
If for any reason a payment fails, your service will be suspended and you will be notified via email, and prompted to make a payment via the Stripe Payment Gateway.
Within 14 days of a payment failure the service can be reactivated by the customer with no additional fees incurred. The service period will commence at date of the original payment failure.
If a payment has not been made within 14 days of a payment failure, the service will be de-acticated and a reactivation fee will be charged for service activation.
If you do not pay within 60 Days of the payment failure , we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with you.
Refunds
You can contact customer support for cancellation of subscription, however once a number has been allocated to your account we will not be able to offer a refund.
Sub-contracting and assignment
We can at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under these Terms and Conditions, and can subcontract or delegate in any manner any or all of our obligations to any third party.
For personal use numbers, you must not, without our prior written consent, assign, transfer, charge, subcontract, or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
We can terminate the provision of the Services immediately if you:
You commit a material breach of your obligations under these Terms and Conditions;
You fail to make payment of any amount due under the Contract on the due date for payment;
Intellectual property
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, in tort or misrepresentation, or otherwise, shall be limited as set out in this section.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents, or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
Any indirect, special, or consequential loss, damage, costs, or expenses;
Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption, or other third-party claims;
Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control;
Any losses caused directly or indirectly by any failure or your breach in relation to your obligations;
Any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
You must indemnify us against all damages, costs, claims, and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data protection
For all contracts as required or permitted by telecommunications laws and industry codes and standards legislation.
When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store, or process personal data of employees of the Customer.
The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer. The Service Provider shall not retain any Personal Data longer than necessary for the Processing and shall refrain from Processing any Personal Data for its own or for any third party’s purposes.
The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors, or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Service Provider shall implement and maintain technical and organizational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
Further information about the Service Provider’s approach to data protection is specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can email: [email protected].
Circumstances beyond a party’s control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
No waiver
No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right or remedy.
Severance
If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that/ those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of Hong Kong SAR and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Hong Kong SAR courts.
Free trials
We may choose to offer you a free trial of any of our products or services. This is at our sole discretion, and we will make the commercial terms of any trial clear in advance. You will be required to submit payment details in advance, and after the free trial expires, you will be deemed to have activated the full subscription and be liable for payment.
If you choose to cancel any free trial by email, you should note that an automated system may still attempt to take payment, in particular if you cancel the trial within one working day of its expiry. In this case, we will refund any payment as soon as practicable.
If the commercial terms offered to you differ from those shown through any automated billing system, those offered to you shall stand. This may include clauses such as a requirement to end the free trial and start paying when a certain usage is reached, regardless of the remaining time on the free trial.
During any free trial, we may at our discretion limit or censor SMS message content that is received by you, in order to protect our business interests. Specifically, we may seek to remove activation codes, or numbers that could appear to be activation codes, from any messages received by you. We aim to make the full content of such messages available on the activation of your full subscription. We make no warranties as to the accuracy of this system, and thus make no warranty as to the content of messages received during a free trial. However, we will mark any censored messages in a clear and obvious fashion.
Individual numbers
The Cooee Lite product line is intended for personal use. It is not intended to be used as a power dialer, or to make repeated calls. At our discretion, we may limit your usage of this product by restricting call duration or by limiting the number of calls that you can make. We will attempt to warn you before doing this, if we have contact details for you.
If we limit your usage as per the above clause, then notwithstanding any terms to the contrary in a EULA, you may agree to a pro-rata refund of any remaining portion of your subscription, provided that the method of purchase allows this.
Instead of limiting your service, we may also at our discretion provide a pro-rata refund and close your account.
Offer plans
The offer can only be used once. It cannot be used in combination with any other discount code. Once the offer has been accepted your account will be updated in line with above terms.
Number porting
We cannot guarantee a successful number port. You will be assigned a new number when you sign up with porting requests to be submitted subsequently.
We will use reasonable endeavours to coordinate a port request with your existing provider based on details provided by you. If your port fails after 3 attempts we will continue to provide the services with the number provided. Further attempts to initiate a port will be at our discretion.
SMS
We do not guarantee the delivery of International SMS as delivery is subject to SMS Agreements between carriers. We will use reasonable endeavours to notify carrier partners should we confirm SMS are not being received.
We do not guarantee SMS received for 2FA for purposes such as social media (Facebook, Whatsapp, Instagram etc) as social media platforms at times can block verifications being sent to virtual numbers.