Application – Terms and Conditions

This document set outs the terms and conditions of use of the TikTap Application (referred to in this document as the “App” or “Application”). By downloading and/or using the Application, you are deemed to have accepted these terms and conditions. TikTap may at any time modify these terms and conditions and you can review the most current version of them by clicking on the “Terms and Conditions” link located at the bottom of the TikTap website, tiktap.com. The most current version on the website will supersede all previous versions. If there is any conflict between those terms and conditions on the website and those in the Application, the version on the website shall prevail. By continuing to use the Application after changes have been made to the terms and conditions, you agree to be bound by such changes.

  1. In these terms and conditions  “TikTap” means TikTap Limited, a company registered in England & Wales under company number 7967269 and whose registered office address is at  4th Floor Digital World Centre, 1 Lowry Plaza, The Quays, Salford Manchester M50 3UB. References to “we”, “us” and “our” shall be construed as meaning TikTap. References to “you” or “your” shall be construed as meaning you the customer and user of the TikTap Application and service.
  2. To access and use the offers and rewards presented via the Application by TikTap you must be aged 13 years or over. If you are under 13 you are prohibited from using and must not use the offers or rewards presented unless you are accompanied by a parent or guardian at the time of redemption. Certain offers shall only be available to users aged 18 or over and certain offers may be subject to other qualifying conditions set by the retailer or merchant to whom the offer or reward relates. The retailer or merchant reserves the right to prevent you from using the offer or reward if he believes you are under age or are not accompanied by a parent or guardian (as appropriate) or do not meet the qualifying conditions associated with the offer or reward. You hereby warrant that all information submitted by you to TikTap is accurate and current.
  3. TikTap grants you a non-exclusive, non-transferable licence to download, install and use the Application on your mobile device, subject to these terms and conditions. This licence is in respect of your use of the Application only. It may not be used for commercial purposes.
  4. You are responsible for the security of your mobile device and for the security installed on it. You confirm that you have taken measures to protect the use of and security of your mobile device.
  5. Except as expressly permitted in these terms and conditions, you shall not, and shall not permit others to (a) modify, translate, create derivative copies of, or copy the Application, in whole or in part; (b) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Application to source code form; (c) distribute, sublicence, assign, share, sell, rent, lease, grant any interest in or otherwise transfer the Application or your right to use it; (d) remove or modify any copyright, trademark, or other proprietary notices belonging to us or our licensors contained within the Application; (e) communicate or attempt to communicate with the TikTap service other than via the Application or (f) use the Application in any manner not expressly authorised by these terms and conditions.
  6. TikTap will use its reasonable endeavours to make the TikTap service  available to you at all times, but cannot guarantee an uninterrupted or fault free service.
  7. TikTap reserves the right to make changes to the Application or any part of it from time to time including without limitation, the upgrade, removal, modification and/or variation of any elements, features and functionalities of the Application. TikTap can do this without notice to you. TikTap also reserves the right to charge you to download and/or use future versions of the Application and/or  the TikTap service (you will be notified of such charges first).. If you do not like any of these changes or the charges introduced please stop using the Application.
  8. You acknowledge that you will not be able to access and use the Application or certain functionalities of the Application unless you have internet access through a GPRS, 3G or Wi-Fi connected mobile device (and you will need to have your Wi-Fi activated to use the offers and rewards within the Application). All traffic charges or access charges incurred due to the use of the Application are your responsibility and are subject to your agreed terms with your mobile network provider.
  9. Without prejudice to TikTap’s other rights and remedies, TikTap reserves the right to temporarily or permanently suspend or disable your access to the Application at any time without notice to you in the event you breach any of these terms and conditions.
  10. You are not allowed to use and you agree not to use the Application for any unlawful purpose. You agree not to transmit any material that contains viruses or other programs designed to interrupt or damage the functionality of the Application or any equipment associated with it. You agree not to interfere with the platforms, servers or networks connected to the Application. You agree not to impersonate any other person whilst using the Application or conduct yourself in an offensive or objectionable manner when using the Application. If TikTap considers that you are making any illegal and/or unauthorised use of the Application, and/or your use of the Application is in breach of these terms and conditions, TikTap reserves the right to terminate your use of the Application without notice and take such other action that TikTap deems necessary including taking legal action.
  11. You acknowledge that you will be bound by all applicable law relevant to your use of the Application and the TikTap service.  TikTap may, at any time and for any reason, terminate this agreement with you and deny you access to the Application. In the event of termination for any reason you must not try to use the Application and the rights and licenses granted to you under these terms and conditions shall terminate.
  12. When registering and/or logging on to use the offers and/or rewards made available within the App , you agree to supply us with certain information about yourself (personal information). You agree that the personal information you supply or supplied and any other information we collect from your use of the App (see TikTap Privacy Policy for details) may be shared with or used by TikTap, its group companies, its trading/marketing partners (including but not limited to the retailers to whom the offers and/or rewards relate), third party affiliates or any of our or their respective agents (collectively known as TikTap’s “Business Partners”), for purposes including but not limited to:  sending you messages about the TikTap service, sending you third party marketing messages about the Business Partners’ goods and services, monitoring the use of the TikTap service and/or your use of the Application, changing the number and type of offers or rewards that may be made available via the Application, providing TikTap with marketing or customer service assistance and from time to time evaluating if we can improve the service for customers. By supplying us with your personal information and using the Application you are consenting to your personal information being used or shared in this manner. If you do not want your personal information to be used or shared in this manner please do not use the Application. Your information will be treated in accordance with Tik Tap’s Privacy Policy, which can be viewed below or on the TikTap website at tiktap.com. The terms of the privacy policy are incorporated into these terms and conditions.
  13. TikTap does not currently charge you to download or use the Application. You may however be charged for data usage by your network provider when using the Application  depending on the mobile tariff you are on. If you receive a message from TikTap that offers you the opportunity to browse and or call to learn more, depending on the mobile tariff you are on, charges may apply. If you are roaming when you receive a message from TikTap and you reply/call or browse, depending on the mobile tariff you are on, roaming charges may apply.
  14. Your use of the Application and/or the TikTap service is done so on an “as is” basis. The content of the Application is provided “as is” without any warranties or other terms of any kind. To the maximum extent permitted by law, TikTap expressly excludes all representations, warranties (whether express, implied or statutory), obligations and liabilities in connection with the Application or any of its content.
  15. TikTap rewards and offers  provided to TikTap by third parties, are subject to availability and may only be available while stocks last. TikTap does not guarantee that the rewards or offers are accurate or valid. TikTap shall not be responsible if the rewards or offers you have applied for or attempt to redeem are incomplete, inaccurate, invalid, lost, not received, not redeemed or have expired. You should check any rewards or offers have been applied and are still valid prior to committing to any purchase of goods or services.
  16. Any use of the Application is entirely at Your own risk. TikTap currently provides you with access to the Application without charge. To the maximum extent permitted by law, TikTap shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by your downloading or use of the Application or any of its content, or by any failure, delay or interruption of any kind of the provision of the Application or any of its content (including offers and rewards), or by TikTap’s failure to perform any of its obligations under these terms and conditions. The content within the Application is made available for you to select or disregard as you see fit. It does not constitute advice. Where the Application contains opinions or recommendation, those opinions and recommendations are not endorsed by TikTap  and, to the maximum extent permitted by law, TikTap shall not be liable on account of the accuracy or otherwise of such opinions and recommendations.
  17. In no event shall TikTap be liable for any indirect, special, incidental or consequential damages including without limitation loss of income, data or other information as a result of your use of the Application.
  18. Links to third party websites and companies may appear within the Application. Such third party websites are not TikTap’s responsibility and TikTap accepts no responsibility for the availability, suitability, reliability or content of such third party websites.
  19. Offers and rewards presented by TikTap via the Application are supplied to TikTap by third parties. TikTap  cannot be held responsible for and does not accept any liability whatsoever, either express or implied for the content, make-up or terms of any offer or reward presented in the Application, including but not limited to their accuracy, relevance or quality.
  20. You acknowledge and agree that TikTap is not responsible for the availability or redemption of any third party products and services accessed via the Application. TikTap shall not be held responsible or liable for any content, advertising, products or services available from such third parties. Any dealings between you and any third party retailers, merchants or advertisers found on or via the Application, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant retailer, merchant or advertiser. TikTap is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
  21. TikTap accepts no liability or responsibility for any of the third party bookings, products and services provided by third party suppliers. The third party suppliers will be supplying products and services to you on their own standard terms and conditions. Third party rewards or offers may be withdrawn or amended at any time.
  22. The intellectual property rights in the TikTap service, the TikTap loyalty and CMS platform, the TikTap name, brand and trademarks, the Application and the content of the Application belong to TikTap and its licensors (as appropriate). No licence is granted to you in respect of any such rights, except to the extent required for your personal use of the Application in accordance with these terms and conditions. You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by TikTap or its licensors, and doing anything which may be seen to take unfair advantage of TikTap’s or any of its licensors’ reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned by and/or licensed to TikTap, without first obtaining TikTap’s written consent.
  23. These terms and conditions are governed by the laws of England and Wales. You and TikTap submit to the non-exclusive jurisdiction of the Courts of England and Wales.

TikTap Privacy Policy

This Privacy Policy together with the TikTap terms and conditions explains what type of personal and non-personal information TikTap collects from you when you download and/or use the Application and what happens or can happen to that information . By using the Application you agree to the terms of this Privacy Policy. If you do not agree to these terms please stop using the Application.

Tiktap uses the personal and non-personal information it collects to enable it to provide the TikTap service to you and to enable TikTap to improve its service and change the number and type of offers or rewards that may be made available to you via the Application. TikTap will not rent, sell or share your personal information with any other company for its own marketing purposes without your consent except where mentioned within this policy or in the TikTap terms and conditions. If you do not want TikTap to use your personal information in this way do not use the Application. TikTap agrees to store and process all personal information it collects from you in accordance with the Data Protection Act 1998.

           (1)    What information we might collect from you:

    1. (a) Registration and log-in informationWhen you download an offer for the first time, TikTap will ask you to register and provide certain personal information about yourself, some of which will be mandatory for your use of the Application, some of which will be voluntary. Such information shall include: your email address, name, date of birth and gender. If TikTap uses your email address to communicate with you, TikTap will always give you the opportunity to opt-out of receiving email communications. If you provide your mobile phone number and TikTap uses your mobile phone number to communicate with you by text, TikTap will always give you the opportunity to STOP or opt out of such communications.

      (b) Information on your mobile phone location

      When you use the Application, TikTap may receive your location (based on the location of your mobile phone) and will use this to supply you with offers and/or rewards which are near to that location. Depending on your handset or the network you subscribe to, TikTap may automatically receive this information.

      (c) TikTap Usage and issuance/redemption information

      When you select, are issued with and/or redeem an offer or reward from the Application, we may collect non-personal information from you such as the basic information your mobile phone automatically records and sends regarding your voucher issuance and redemption trends, Application browsing trends and aggregated anonymised transactional information. Examples of this includes issuance/redemption information ( and dates and times of browsing and issuance/redemption and the approximate location)  and in the case of an offer or reward being rejected, the information relating to the reason behind the rejection. TikTap may combine this non-personal information with your personal information or any other information you provide to TikTap.

      (d) Information from Direct and Indirect communication with TikTap

      If you ever contact TikTap, we may keep a record of that correspondence.  If you should ever send any communication or other information to TikTap, for example in response to surveys for research purposes, quizzes or competitions, TikTap may keep a record or a copy of that communication or information in order to provide our services to you.

      (e) Information you provide on Third Party websites

      There may be links to third party websites within the Application. Those third party websites should have their own privacy policies , which you should check. TikTap accepts no responsibility or liability whatsoever for the policies of those third parties as TikTap has no control over them.

      (2)    IP Addresses and Cookies [applicable to web version only]

      TikTap may collect information about your mobile device such as your IP address, operating system and browser type, for administrative purposes and to report aggregated anonymised information to our business users. This is statistical data about the browsing actions and patterns of users of the Application (including yourself), but it will not identify you personally and does not identify any personal details whatsoever.

      For the same reasons, TikTap may obtain information about your usage of the Application by using a cookie file which is stored on the internal memory of your mobile device. Cookies contain information that is transferred to your mobile device’s internal memory. They help TikTap to improve the Application and to deliver a better and more personalised service. They enable us to do things like (a) store information about your preferences (to help tailor the Application to the user’s individual needs) (b) speed up your searches and (c) recognise when you return to the Application.

      Currently TikTap uses an “implied consent” policy which means that TikTap assumes you are happy with the way it uses its cookies. If you’re not happy with its policy on cookie usage, you should either not use this Application or you can refuse to accept cookies by activating the setting on your mobile device which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Application. Unless you have adjusted your mobile device setting so that it will refuse cookies, our system will issue cookies when you log on or use the Application. TikTap’s  merchants, retailers and advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements within our Application.

       

      (3)    Where we store your information and information security

      The data that we collect from you shall not be transferred to or stored at, a destination outside the European Economic Area (“EEA”).  All information you provide to TikTap is stored on our secure servers.

      You are responsible for keeping confidential the password that you submit to TikTap on registration of the Application.  TikTap asks you not to share a password with anyone.

      The transmission of information via the internet is not completely secure. Although TikTap will do its best to protect your personal data, we cannot guarantee the security of your data transmitted to the Application. Such transmission shall be at your own risk.

      Once TikTap receives your information, it will take operational and technical steps and use security procedures to safeguard and secure it and to try to prevent unauthorised access.

      (4)    Changes to this Policy

      TikTap may at any time modify the terms of this Privacy Policy and you can review the most current version of them by clicking on the “Privacy Policy” link located at the bottom of the TikTap website, tiktap.com. The most current version on the website will supersede all previous versions. If there is any conflict between the Privacy Policy terms on the website and those in the Application, the version on the website shall prevail. By continuing to use the Application after changes have been made to the Privacy Policy terms, you agree to be bound by such changes.

      (5)    Access To Information & Customer Service

      The Data Protection Act 1998 gives you the right to access the information that TikTap holds about you. If you want TikTap to send you details that it holds about you please write to TikTap at 4th Floor Digital World Centre, 1 Lowry Plaza, The Quays, Salford Manchester M50 3UB. Please note that any request made by you for access to your details may be subject to payment of a fee of £10 which covers TikTap’s costs in providing you with the information requested. If you have any other questions or concerns about the service please write to TikTap at 4th Floor Digital World Centre, 1 Lowry Plaza, The Quays, Salford Manchester M50 3UB.

 

Last updated: 13/04/12