Terms & Conditions
Last updated: April 2018
PLEASE READ THESE TERMS AND CODNITIONS CAREFULLY BEFORE USING THE APPLICATION (AS SUCH TERM IS DEFINED BELOW)
You accept and agree to the terms of this Agreement on Your own behalf, by doing either of the following:
Registration to this App may be done either using your
- Google account, or
- Facebook profile, or
- Mobile number and email
[Name] (Name; “we”, “us” or “our”) provide a service to consumers using TIMBROO (the “App”) by showcasing a number of loyalty schemes of various service providers with whom we have established a business relationship. Through this App, (“Subscribed User”, “you” or “your”) would be able to access any loyalty schemes which are displayed on the App and to use the App to record any purchases made. Additionally, we also offer additional services aiming at improving customer satisfaction.
Please read the following terms and conditions (the “Terms”) carefully, together with our:
each of which are incorporated by reference into these Terms.
Effectively, these Terms govern any use which you may make of our services. By downloading and using the App, you are hereby agreeing to be legally bound with immediate effect by these Terms. Such acceptance shall also be deemed to extend to all of our other policies which have been incorporated by reference into these Terms (as mentioned above).
If you not wish to be bound by these Terms, please delete your App profile and delete the App from the device/s being used.
2.0 Fair and Responsible Use
The TIMBROO smart phone application is provided for personal use by you, and may not be used for commercial purposes.
You must keep your login and password details confidential. It is your sole responsibility to ensure that your chosen password remains, at all times, fully confidential. We will not be liable for any disclosures of your member password which you may make or for any inadequate or insecure password you may select, or any consequences that may result from the same.
By downloading and using the App, you agree not to interfere or tamper with the TIMBROO application or its related internet sites.
Subject to your compliance with these Terms, TIMBROO hereby grants you a non-exclusive, non-transferable licence to download, install and use the App on your device.
You will not duplicate, transfer, give access to, copy or distribute any part of the services offered through the App in any medium without TIMBROO’s prior written authorization.
You will not attempt to reverse engineer, alter or modify any part of the service offered through the App.
We will use our reasonable endeavours to make the App available to you at all times, but we cannot guarantee an uninterrupted or fault free service. In fact, we do not guarantee that the App or any content on it will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.
You acknowledge that you will not be able to access and use certain functionalities of the App unless you have internet access through a mobile internet or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.
3.0 Right of Refusal
Conditions of the offer are provided by the named business on the App. The named business is able to vary its offer and ultimately has final right of refusal on the provision of the specified reward.
We reserve the right to make any changes to the App or to discontinue any aspect or feature of the App without notice to you.
TIMBROO reserves the right to terminate a Subscribed Users’ membership to the application at any time if we believe these conditions have been breached.
4.0 Information about you
You consent to us using the App to collect information about you. In its most basic form, your name and a current email address need to be disclosed for you to activate an account with TIMBROO. Additional personal information may be provided by you, at your own absolute discretion. This additional information may further improve the quality of the offers being provided and may allow us to provide you with good tailor-made recommendations.
Purchasing behaviour will be collected as you utilise the App to redeem offers for goods and/or services. This data will be used for the purposes of providing you with relevant personalised offers for goods and/or services or relevant information regarding the TIMBROO service.
We will not sell or pass on your personal information to a third party, an that's a promise. Merchants, businesses and TIMBROO partners will be able to contact you only through the App, in email, in-App notification or SMS. You are able to unsubscribe from these services and businesses when you receive any communication. As TIMBROO is freely downloadable by any user, we do not require any financial information from the user.
How We Use Your Information
We may use the information we collect about you in a variety of ways, including to:
- process your purchases of or requests for products and services;
- communicate orders, purchases, returns, services, accounts, programs, contests, and sweepstakes;
- respond to your customer service inquiries and requests for information;
- post your comments or statements on our website or social pages;
- send you personalised promotions and special offers;
- inform you about our brands, products, events, or other promotional purposes;
- maintain, improve, and analyse our websites, mobile applications, ads, and the products and services we offer;
- detect, prevent, or investigate security breaches or fraud;
- maintain appropriate records for internal administrative purposes;
- facilitate the functionality of our website, social pages and mobile applications;
- deliver gift cards or e-gifts in accordance with your instructions;
- provide important product safety information and notice of product recalls.
How We Share Your Information
We may share your information in the following circumstances:
- ALWAYS When the Information Does Not Identify You – We may share your information in a way that does not directly identify you. For example, we may share information about your use of our website and App in a manner that does not identify you or may combine information about the nature or frequency of your transactions with similar information about other people and share the aggregated information for statistical analysis and other business purposes.
- When Sharing Helps Us Protect Lawful Interests – We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of TIMBROO or our customers or partners.
- When We Work with Marketing Service Providers – We may share your information with marketing service providers to assess, develop and provide you with promotions and special offers that may interest you, administer contests, sweepstakes and events or for other promotional purposes.
- ONLY When You Give Consent – We may share information about you with other companies if you give us permission or direct us to share the information.
How We May Allow Others to Collect Your Information
When you use our websites or App, we may allow third parties to collect device and usage information and location information across your different devices through mobile software development kits, cookies, web beacons and other similar technologies. These third parties collect this information for the following purposes and for other purposes consistent with their own privacy policies:
- To Display Ads for Products or Services – We allow some advertising companies to collect this information in order to display ads that are most relevant to you across your different devices and on our own and others’ websites and mobile apps.
- To Understand the Use of Our Services – We allow certain service providers to collect this information to help us understand how our website and App are used and to assist us in improving the content and operation of our online properties. These service providers collect aggregate statistical usage data that is not matched or linked to any individual user.
5.0 Limitation of Liability; Indemnity
Your use of the App constitutes your agreement that you waive and will not assert any claims or allegations of any nature whatsoever against TIMBROO, or any business partners and all of their directors, agents or staff in any way relating to your use of the App.
The App’s content is provided to us by third parties and we do not guarantee that the loyalty card numbers, promotions, coupons, information and advice are accurate or valid. You are advised to check that any discounts or promotions displayed on the App are still valid prior to committing to any purchase and then once a purchase is made, to check that the discounts or promotions have been applied..
In no event shall we be liable to you for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
TIMBROO is not to be held responsible for the conduct of sales personnel and processes at the outlet. However, it is in our interest that the best service level is maintained through all touchpoints; therefore it is recommended that you contact TIMBROO through the App or on our website so as to report any misconduct or poor service so that we can fix it as soon as possible.
6.0 Applicable Law and Jurisdiction
The App is operated by TIMBROO from its site in Malta, Europe. You and TIMBROO both benefit from establishing a predictable legal environment in regard to the services being offered through the App. Therefore, you and TIMBROO explicitly agree that all disputes, claims or other matters arising from or relating to your use of the App will be governed by the laws of Malta.
7.0 Intellectual Property Rights
All text, graphics, editorial content, logos, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and all other content or material found on the website or on the App is owned by TIMBROO or is otherwise used with the proprietor’s permission (collectively, “Proprietary Material”).
This Proprietary Material is protected in an all forms, media and technologies and all rights arising thereto (including, intellectual property rights) are expressly reserved. Amongst others, you may not copy, download, use, re-design, modify, reconfigure, retransmit or create derivative works of the Proprietary Material (or any part thereof).
More specifically, you acknowledge that the availability of the website or the App does not authorise you to make use of any of the Proprietary Materials in a manner which would be in breach of either our or third party intellectual property rights, or other proprietary rights.
8.0 Notice of Trademark Rights
All logos, word marks, service marks and other trademarks appearing on the website or the App are either owned by or licensed to TIMBROO.
You may not copy or use (in any manner) any of these logos, word marks, service marks or other trademarks without our prior written permission or that of the applicable proprietor.
Your failure to abide by Sections 8 and 9 will expose you to damages and, in the case of a breach of any third-party rights, you agree to defend, indemnify and hold us harmless against all claims, actions or suits which may be brought in connection with this breach.
If any provision or part-provision of these Terms becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these Terms.
TIMBROO may assign any or all of its rights under these Terms to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms without the prior written consent of TIMBROO, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and TIMBROO regarding your use of the App. TIMBROO has the right to change these Terms at any time and will post updates on its website and/or on the App. Unless you communicate otherwise within 1 week of your receipt of these updated Terms or upon us posing these updates on our website and/or App (whichever is earlier), you will be assumed to have accepted and consented to the updated Terms in full.
Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.