These terms and conditions (“Coupon Terms”) shall form part of and are hereby incorporated into every Agreement for the provision of TikTap’s mobile coupon issuance and redemption services entered into between the Customer and TikTap Limited (“TikTap”) (“the TikTap Agreement”). All capitalized terms not otherwise defined in these Coupon Terms shall have the meanings given to them in the TikTap Agreement.
In these Coupon Terms , except to the extent that the context otherwise requires:
- Codes of Practice means (a) all codes of practice (including any generally recognised voluntary codes of practice regulating the operation of the internet), and (b) any rules of procedure (including technical or quality control procedures), directions, policies and/or other requirements, which apply or relate or may apply or relate to the business or activities of the Customer and/or TikTap or the use of the relevant telecommunications networks, which TikTap or the Customer is required to adopt from time to time;
- End User means an individual owning or using the mobile device that utilises the Services;
- Event Actions means electronic transactions in relation to Services including inbound or outbound Messages, including API interaction, URL, ticketing and couponing services (including coupon issuance and/or redemption), or web service interaction;
- Legislation means all applicable legislation, authorisations, permissions, rules, regulations, Codes of Practice, orders, guidelines and recommendations of any Regulatory Body in relation to the Services and/or the marketing and/or re-sale of them;
- Messages means (as applicable) SMS messages, e-mails and any other applicable message formats or types sent or received using the Services;
- Regulatory Body means any regulatory body whose function it may be (amongst other things) to enforce and administer Codes of Practice.
1.1 The word “including” and similar expressions are not used as, nor are intended to be interpreted as, words of limitation. Any reference in the Coupon Terms to any statute or regulation shall be deemed to include any lawful amendment, replacement and/or repeal of it. Any reference to the singular shall include the plural and vice versa and a reference to a person includes a government agency, association or other body corporate.
1.2 These Coupon Issuance Terms and Conditions form part of the Agreement contemplated by the Order Form between TikTap and Customer. To the extent of any conflict between these Terms and Conditions and any others forming part of the Agreement, in relation to the provision of offers and issuance and redemption of coupons only, these Terms and Conditions shall prevail.
- Service Information
2.1 The Customer acknowledges that once an Event Action has taken place in connection with the Services , TikTap has no responsibility for the completion of that Event Action beyond its own infrastructure boundaries, and that TikTap has no responsibility to ensure that any devices which are used by the Customer or an End User maintains a connection to a communications network provider.
2.2 The Customer acknowledges that TikTap may be obliged by law to store all Event Actions content and activity logs for a particular length of time and that TikTap could be required by law to disclose details about the Customer’s activity to government and law enforcement officials and other such agencies. In the event that TikTap receives notice of such required disclosure, TikTap will promptly notify Customer of such required disclosure in writing and cooperate with Customer, at Customer’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. In the event TikTap has complied with such obligations, Customer hereby consents to TikTap taking such action to the extent required by law.
2.3 The Customer shall be solely responsible for ensuring the accuracy of all data and information which the Customer inputs onto the relevant platform in order to provide the Services. The Event Action will incorporate the data provided. TikTap will have no liability if any Event Actions occur with unintended recipients or do not occur with the intended recipients or user groups, solely to the extent such Event Actions occur as a result of the Customer’s failure to provide accurate and correct information and not as a result of TikTap’s negligent acts or omissions.
- Obligations and Warranties
3.1 The Customer shall, throughout the period of the Agreement be responsible for obtaining and keeping in force any authorisations, licences, permits or consents necessary, including under any applicable Legislation, for its marketing and use of the Services.
3.2 The Customer shall not use the Equipment or Services for the sending, storing, reproduction or receipt of any offensive (whether racially, ethnically or otherwise), unlawful, obscene, pornographic, menacing, harmful, threatening, abusive, defamatory or libellous material, or in a manner which it knows or ought reasonably to know infringes the rights of any person, including intellectual property rights and rights of confidentiality, or which brings or may bring TikTap into disrepute or is or may be prejudicial to TikTap’s commercial interests. Without prejudice to the generality of the foregoing the Customer acknowledges and agrees that it will use the Services to send only information requested by the potential recipient and in such a way that they comply with all relevant data protection laws and rules and regulations regarding treatment, use and exploitation of personal data and other personal information of the potential recipient.
- Limitation of Liability
In the event of any loss of or damage to any data posted by the Customer on the platform for the purpose of using the Services that is not caused by TikTap’s negligence, the Customer’s sole and exclusive remedy shall be for TikTap to use reasonable commercial efforts to restore the lost or damaged data from the latest back-up of such data maintained by TikTap in accordance with its usual archiving procedures. TikTap shall not be responsible for any loss, destruction, alteration or disclosure of such data caused by any third party (except those third parties sub-contracted by TikTap to perform services related to back-up of the data).
- Data Protection
5.1 Each party shall comply with its respective obligations under applicable data protection legislation and will obtain and maintain all relevant registrations and consents, including (in relation to the Customer) such registrations and consents as the Customer should obtain and maintain to enable TikTap and its suppliers and subcontractors to process the personal data of End Users for the purposes of the performance by TikTap of its obligations under the Agreement.
5.2 The Customer warrants that, in respect of any personal data and any other information supplied by it or any End User under or in connection with this Agreement (“Information”) or used in connection with the Services, such Information shall have been collected by Customer in conformance with all applicable Legislation to Customer. TikTap warrants that it will process and store all Information in accordance with all Legislation applicable to it, including the Data Protection Act of 1998.
5.3 The Customer agrees to indemnify TikTap, its employees, officers, sub-contractors and agents, and keep them fully and effectively indemnified, from and against all claims, demands, actions, proceedings, investigations, and all loss, damages, costs, fines and penalties of any kind whatsoever awarded by a court of competent jurisdiction or agreed upon in settlement and all reasonable expenses (including legal and professional advisers’ fees) to the extent arising from a third party claim alleging the breach by the Customer of clause 5.
5.4 This clause 5 shall survive termination or expiry of this Agreement.