Toniq Live Limited
Effective Date: [DATE] Version: 2.0
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Toniq Live Limited, a private company limited by shares incorporated in the Hong Kong Special Administrative Region under Certificate of Incorporation No. 80471059 ("Toniq," "we," "us," or "our"), governing your access to and use of the website located at toniq.events, together with any subdomains, mobile interfaces, embedded checkout components, application programming interfaces, and related services (collectively, the "Platform").
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
These Terms incorporate by reference the following documents, each of which forms an integral part of this agreement:
In the event of a conflict between these Terms and any incorporated document with respect to the subject matter specifically addressed by that document, the incorporated document shall control.
Toniq is a technology and payment services provider. Toniq is not the seller, producer, promoter, or organiser of any event listed on the Platform.
For every ticket purchased through the Platform, the contract of sale is formed between you and the independent third party that creates, produces, or promotes the relevant event (the "Organiser"). Toniq acts solely as the Organiser's limited commercial agent for the purposes of: (a) listing the event; (b) facilitating the issuance of tickets; and (c) collecting payment on the Organiser's behalf.
The identity of the Organiser is disclosed on each event page and in the confirmation communications you receive following purchase.
Because Toniq acts as agent and not as principal:
(a) The Organiser, and not Toniq, is responsible for the event itself, including its occurrence, timing, location, content, artistic quality, safety, staffing, and compliance with applicable licensing and public-safety requirements.
(b) The Organiser, and not Toniq, determines ticket prices, ticket categories, seating allocations, entry conditions, age restrictions, and the terms on which tickets may be refunded, exchanged, or transferred.
(c) The Organiser, and not Toniq, bears responsibility for any cancellation, postponement, rescheduling, relocation, or material alteration of an event, and for the refund of the ticket price in such circumstances.
(d) Toniq is responsible for the operation of the Platform, the accurate processing of payments made through it, and the issuance and delivery of tickets.
Toniq is not a bank, deposit-taking institution, money services operator, remittance agent, virtual asset service provider, or licensed financial intermediary. Toniq does not hold customer funds in its own name.
Payment processing and digital asset custody are performed by regulated third-party providers, as described in the Privacy Policy. Digital asset amounts are received and held by a licensed custody provider pending settlement to the Organiser. Card and local payment method transactions are processed by a licensed payment processor, which settles the ticket proceeds to the Organiser directly.
Amounts held pending settlement are not deposits, do not bear interest, and are not protected by any deposit insurance or investor compensation scheme in any jurisdiction.
Certain features of the Platform are designated as being in beta, including the venue plan builder and the Organiser administration console. Beta features are provided for evaluation, may contain defects, and may be modified or withdrawn without notice. Their designation is displayed within the interface.
To access or use the Platform, you represent and warrant that:
(a) you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, whichever is greater;
(b) you have the legal capacity to enter into a binding contract;
(c) you are not located in, ordinarily resident in, or accessing the Platform from a jurisdiction in which the Platform is unavailable, as set out in the Prohibited and Restricted Jurisdictions Notice;
(d) you are not the subject of any economic or trade sanction administered or enforced by the United Nations Security Council, the Hong Kong Monetary Authority, the United States Department of the Treasury's Office of Foreign Assets Control, the European Union, or the United Kingdom, and are not owned or controlled by any such person;
(e) you will not use the Platform for or on behalf of any such person; and
(f) your access to and use of the Platform does not violate any law applicable to you.
Individual events may impose additional age or eligibility requirements. Those requirements are set by the Organiser, are stated on the event page, and are enforced at the venue. Satisfying the eligibility requirements of these Terms does not entitle you to admission to an event whose specific requirements you do not meet.
Access to purchase history and issued tickets is authenticated by a one-time code delivered to the email address you provide. A code is invalidated after five (5) incorrect attempts, and you must request a new one.
You are responsible for maintaining the security of the email account through which codes are delivered. Any person with access to that account may be able to access your orders and tickets.
Every one-time code email includes a link permitting you to report a code you did not request. Reporting invalidates all outstanding codes for that address and alerts our team.
Following a purchase, your browser receives a cryptographically signed authorisation permitting access to that order. Access to an order requires either that authorisation or an authenticated session associated with the same email address. An order identifier alone does not grant access.
Once you have confirmed your email address by one-time code, the delivery address for that order is locked and cannot be changed. This measure exists to prevent redirection of issued tickets and is not subject to exception.
Where a signed link is issued to allow you to resume an order on another device, that link expires forty-eight (48) hours after the associated reservation ends.
Organiser accounts require two authentication factors: a one-time code delivered by email and a password established on first access. Organisers are responsible for all activity conducted under their accounts and for the acts and omissions of any team member to whom they grant access.
You must provide accurate, current, and complete information when using the Platform. Tickets are delivered to the email address supplied at the time of purchase. Toniq is not responsible for non-delivery arising from an incorrectly supplied email address, a full mailbox, or a recipient mail system that rejects or filters our messages.
The formation, content, and performance of ticket sale contracts are governed by the Ticket Purchase Terms. Refunds, cancellations, and exchanges are governed by the Refund, Cancellation and Exchange Policy.
In summary, and without limiting those documents:
(a) Prices, fees, and totals are calculated and validated by our servers. Any amount transmitted by your browser or device is disregarded.
(b) Seats or ticket allocations selected during checkout are held for a limited period. If payment is not completed within that period, the allocation is released and made available to other purchasers.
(c) A contract of sale is formed only upon our confirmation that payment has been received and settled, and not upon initiation of a payment or reservation of an allocation.
(d) Tickets are issued in electronic form as individual PDF documents. Admission is granted by presentation of the ticket in the form issued. Where the same ticket code is presented more than once, admission is refused to every presenter after the first.
A ticket booking fee of four per cent (4%) of the ticket price is charged in respect of each ticket purchased through the Platform. By default this fee is displayed separately and payable by you in addition to the ticket price. An Organiser may elect to have the booking fee absorbed into the displayed ticket price, in which case no separate fee line is shown.
The booking fee is consideration for the booking, issuance, delivery, and support services provided in connection with your purchase. This service is rendered upon issuance of your ticket. Accordingly, and subject to Section 5.4 of the Refund, Cancellation and Exchange Policy and to any non-excludable right you may have under the law of your jurisdiction of residence, the booking fee is not refundable.
A payment processing fee is charged in addition to the ticket price and booking fee, at a rate determined by the payment method you select. The rate applicable to your selected method is disclosed to you before you authorise payment, and the total amount to be charged is displayed on the payment button itself.
Indicative rates are:
| Payment method | Processing fee |
|---|---|
| International card | 3.9% + S$0.50 |
| Alipay | 2.2% |
| WeChat Pay | 2.2% |
| GrabPay | 3.3% |
| PayNow | 1.3% |
| Digital assets (USDT / USDC) | 3.0% |
Rates are subject to change and the rate displayed at checkout governs. We do not apply a currency conversion surcharge.
The currency in which your payment instrument is charged is determined by the payment method you select, and may differ from the currency in which ticket prices are displayed.
| Payment method | Charge currency |
|---|---|
| Card, Alipay | United States dollars (USD) |
| PayNow, GrabPay, WeChat Pay | Singapore dollars (SGD) |
| Digital assets | The token selected (USDT or USDC) |
Where the charge currency differs from the currency of your payment instrument, your bank, card issuer, or wallet provider may apply its own conversion rate and may levy its own foreign-transaction charge. Those charges are imposed by your provider, are not received by Toniq, and are outside our control.
Before you authorise payment, the Platform displays the exact amount to be charged and the currency of that charge. Your receipt records the amount actually charged, the currency, and the conversion rate applied by us for reference.
Value-added tax, goods and services tax, and equivalent transaction taxes are calculated at the rate applicable at the time your order is placed and are recorded as at that time. Subsequent changes to applicable tax rates do not alter the amount recorded against a completed order.
You are responsible for any tax arising in your own jurisdiction in connection with your purchase, including any tax arising from the disposal of a digital asset used to effect payment. Toniq does not provide tax advice.
Where a refund is processed to a digital asset wallet, a fixed processing fee of 1.60 USDT is deducted from the refunded amount to cover network and handling costs. Where a refund arises from an overpayment in digital assets, a handling fee of USD 1.50 is deducted from the returned surplus.
You must not, and must not permit any other person to:
(a) access or use the Platform for any unlawful purpose, or in furtherance of any fraudulent, deceptive, or manipulative scheme;
(b) purchase tickets by automated means, including through the use of bots, scripts, or other automation, or in excess of any published purchase limit, or through the use of multiple accounts or payment instruments to circumvent such a limit;
(c) resell, or offer to resell, any ticket in contravention of the Organiser's stated conditions or of any law applicable to ticket resale in the relevant jurisdiction;
(d) access, scrape, index, harvest, or copy any part of the Platform by automated means, or attempt to derive the source code, structure, or underlying data of the Platform;
(e) circumvent, disable, or interfere with any security, authentication, rate-limiting, or access-control feature of the Platform, including by attempting to guess a one-time code or an order identifier;
(f) upload or transmit any virus, worm, or other malicious code, or any file whose content or format differs from that which its extension or declared type indicates;
(g) impersonate any person, or misrepresent your affiliation with any person or entity;
(h) use the Platform to launder the proceeds of crime, to finance terrorism, to evade sanctions, or to obscure the origin or destination of funds; or
(i) use the Platform in any manner that could damage, disable, overburden, or impair it, or interfere with any other party's use of it.
We may suspend or terminate your access to the Platform, cancel any order, and void any ticket, without liability to you, where we reasonably determine that you have engaged in conduct prohibited by this Section.
The Platform, including its software, design, layout, text, graphics, logos, and the "toniq" name and marks, is owned by Toniq or its licensors and is protected by copyright, trade mark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for the purpose of browsing events and purchasing tickets for your own personal, non-commercial use. All rights not expressly granted are reserved.
Event descriptions, images, video, artist names, venue information, and other materials relating to an event are supplied by the Organiser, including by direct upload to the Platform. Toniq does not review, verify, moderate, or endorse Organiser content and makes no representation as to its accuracy, legality, or as to the Organiser's right to use it.
By uploading or submitting content to the Platform, an Organiser represents and warrants that it owns or is licensed to use that content for the purposes contemplated, that the content does not infringe the rights of any third party, that it is not unlawful, defamatory, obscene, or misleading, and that it contains no malicious code. The Organiser grants Toniq a worldwide, non-exclusive, royalty-free licence to host, reproduce, adapt for display, and distribute that content for the purposes of operating and promoting the Platform and the relevant event.
The Organiser indemnifies Toniq against any claim arising from content it has supplied.
If you believe that content on the Platform infringes your intellectual property rights, contact us at legal@toniq.live with: (i) identification of the work said to be infringed; (ii) identification and location of the allegedly infringing material; (iii) your contact details; (iv) a statement of your good-faith belief that the use is not authorised; and (v) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorised to act on the rights holder's behalf.
We will investigate and may remove or disable access to material pending resolution. We may suspend the account of any Organiser that repeatedly uploads infringing content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
9.1 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.2 WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF HARMFUL COMPONENTS. FEATURES DESIGNATED AS BETA ARE PROVIDED WITHOUT ANY WARRANTY WHATSOEVER.
9.3 WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY EVENT, INCLUDING WHETHER IT WILL TAKE PLACE, ITS CONTENT, ITS QUALITY, THE IDENTITY OR PERFORMANCE OF ANY ARTIST OR PARTICIPANT, THE CONDITION OR SUITABILITY OF ANY VENUE, OR THE ACCURACY OF ANY INFORMATION SUPPLIED BY AN ORGANISER.
9.4 WE DO NOT WARRANT THE AVAILABILITY, PERFORMANCE, OR SECURITY OF ANY BLOCKCHAIN NETWORK, DIGITAL ASSET, WALLET APPLICATION, OR THIRD-PARTY PAYMENT SERVICE. RISKS SPECIFIC TO DIGITAL ASSET PAYMENTS ARE DESCRIBED IN THE DIGITAL ASSET PAYMENT TERMS.
9.5 NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY GUARANTEE, WARRANTY, RIGHT, OR REMEDY CONFERRED ON YOU BY A LAW THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED BY AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
10.1 TONIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE.
10.2 TONIQ'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND ANY TRANSACTION EFFECTED THROUGH THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES RETAINED BY TONIQ IN RESPECT OF THE TRANSACTION GIVING RISE TO THE CLAIM; AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
10.3 WITHOUT LIMITING SECTION 2, TONIQ SHALL HAVE NO LIABILITY FOR: (A) THE CANCELLATION, POSTPONEMENT, RESCHEDULING, RELOCATION, OR ALTERATION OF ANY EVENT; (B) THE CONDUCT, SOLVENCY, OR PERFORMANCE OF ANY ORGANISER OR VENUE; (C) REFUSAL OF ADMISSION BY AN ORGANISER OR VENUE; (D) ANY LOSS OR INJURY SUSTAINED AT A VENUE; (E) THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PAYMENT PROCESSOR, CUSTODY PROVIDER, WALLET APPLICATION, OR BLOCKCHAIN NETWORK; OR (F) ANY CONVERSION RATE OR FOREIGN-TRANSACTION CHARGE APPLIED BY YOUR OWN BANK, CARD ISSUER, OR WALLET PROVIDER.
10.4 THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
You agree to indemnify, defend, and hold harmless Toniq, its affiliates, and their respective directors, officers, employees, and agents from and against any claim, demand, proceeding, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or of any incorporated document; (b) your violation of any law or of the rights of any third party; (c) your fraudulent, unlawful, or wilful misconduct; (d) content you have uploaded to the Platform; or (e) any dispute between you and an Organiser, venue, or other User, save to the extent arising from Toniq's own breach or negligence.
The Platform integrates services supplied by third parties, including payment processing, digital asset custody, email delivery, database hosting, and analytics. Those services are governed by the terms and privacy policies of their respective providers. The identity of these providers and the data shared with them are disclosed in the Privacy Policy.
The Platform may contain links to third-party websites, including venue, mapping, and video services. Such links are provided for convenience. Toniq does not control and is not responsible for the content, security, or practices of any linked site.
We may suspend or terminate your access to the Platform, in whole or in part, immediately and without notice, where: (a) you have breached these Terms; (b) we are required to do so by law, by a regulator, or by a payment or custody provider; (c) we reasonably suspect fraudulent, unlawful, or abusive activity; or (d) continued provision would expose Toniq to legal, regulatory, or reputational risk.
Termination does not affect: (i) tickets already validly issued to you, which remain subject to the Ticket Purchase Terms and to the Organiser's conditions; (ii) accrued rights and obligations; or (iii) any provision of these Terms which by its nature is intended to survive.
We may amend these Terms from time to time. The amended Terms take effect upon publication on the Platform, save that:
(a) amendments that materially and adversely affect your rights take effect no earlier than fourteen (14) days after publication; and
(b) the Terms in force at the time an order is placed govern that order, and are not altered by any subsequent amendment.
Your continued use of the Platform following the effective date of an amendment constitutes acceptance of the amended Terms. If you do not accept an amendment, you must cease using the Platform.
These Terms and any non-contractual obligation arising out of or in connection with them are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
The courts of the Hong Kong Special Administrative Region have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
Sections 15.1 and 15.2 do not deprive you of the protection afforded to you by provisions of the law of your country of habitual residence that cannot be derogated from by agreement. If you are a consumer resident in a jurisdiction whose law confers on you a right to bring proceedings in your local courts, or which applies mandatory consumer protection rules to your purchase, that right and those rules are unaffected by this Section.
Before commencing proceedings, you agree to contact us at support@toniq.live and to allow thirty (30) days for good-faith resolution of the dispute. This Section does not prevent either party from seeking urgent injunctive relief.
16.1 Entire Agreement. These Terms, together with the incorporated documents, constitute the entire agreement between you and Toniq with respect to the Platform and supersede all prior communications and understandings.
16.2 Severability. If any provision is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to render it enforceable, or if modification is not possible, severed. The remaining provisions continue in full force.
16.3 No Waiver. No failure or delay in exercising any right constitutes a waiver of that right.
16.4 Assignment. You may not assign or transfer any right or obligation under these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganisation, or sale of assets.
16.5 No Third-Party Rights. Save as expressly provided, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any provision.
16.6 Force Majeure. Toniq is not liable for any failure or delay in performance arising from any cause beyond its reasonable control, including act of God, epidemic, war, civil disturbance, governmental action, labour dispute, failure of telecommunications or internet infrastructure, failure or congestion of a blockchain network, or failure of a third-party payment, hosting, or custody provider.
16.7 Language. These Terms are drawn up in English. Any translation is provided for convenience only, and in the event of inconsistency the English text prevails, save where applicable law requires otherwise.
16.8 Notices. Notices to you may be given by email to the address associated with your order or account, or by posting on the Platform. Notices to us must be sent to legal@toniq.live.
Toniq Live Limited Hong Kong Special Administrative Region Certificate of Incorporation No. 80471059
General enquiries: support@toniq.live Legal notices: legal@toniq.live Privacy and data protection: privacy@toniq.live