Terms and Conditions

Terms and Conditions THE AGREEMENT: The use of this website and services on this mobile application provided by VivaSmart Digital Ltd doing business as TIMGME (TIMGME referred to as “Website and App”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website and mobile application”) and any services provided by or on this website (“Services”). DEFINITIONS “Agreement” denotes this Terms and Conditions and the Privacy Policy and other documents provided to you by the website and app. “We,” “us,” and “our” are references to TINGME.WORLD. “User,” “You,” and “your” denotes the person who is accessing the website and app for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this website and app. ” Website and App” shall mean and include TINGME and any successor Website of the Company or any of its affiliates. Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties. ASSENT & ACCEPTANCE PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND VIVASMART DIGITAL LTD. ACCURACY OF INFORMATION Occasionally there may be information on the website and app that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the website and app, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website and app should be taken to indicate that all information on the Website and app or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted. USER OBLIGATIONS As a user of the Website and App or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website, App and Services. By creating an account, you must agree to the following:
• I confirm that I have provided my official ID and completed a biometric check to authenticate my document and acknowledge that my verified credentials will be linked to my child’s account.
• I confirm that I am the legal parent or guardian of the child/children whom I am creating the TingMe account for and that the first name and date of birth that I have provided for my child are correct. I understand that submitting a profile for anyone that is not legally my child will be deemed fraudulent and will be reported to all relevant law authorities without exception.
• I acknowledge that it is my responsibility to ensure that only the child on the profile I have created uses the TingMe account and that it is only my child’s fingerprint and FaceID on the device they are using.
• I confirm that I have explained the rules of the Tingme community to my child/children and confirm that they are aware that Bullying, Abuse of other users or inappropriate posts will not be tolerated on Tingme and will result in the child’s account being suspended if any of the rules are breached.
• I give TingMe permission to store my child/children’s selfie photograph(s) to be used to check using biometrics to assure authenticity.
• I understand that the selfie photograph(s) provided will be visible in the app for other TingMe children users to view on the Child profile as well as parents of my child’s friends.
• I accept that from time to time, checks will be carried out by the Tingme team to further verify that the child on the profile is the only one using their Tingme account.
• I agree to monitor my child’s activities on TingMe and will report any inappropriate behaviour or unsuitable content by other users to the TingMe team.
You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website and app or Services to further fraud or unlawful activity is grounds for immediate termination of this agreement. USER CONTENT Content Responsibility. The website and app permit you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content. When posting content to the website and app, please do not post content that:
• contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
• It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
• Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
• Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
• Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
• Uses or attempts to use another’s account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files.
• Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
• Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website and app without advanced notice.
IFRAMES Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site. ACCEPTABLE USE You agree not to use the Website and App or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website and App or Services in any way that could damage the website and app, Services, or general business of TINGME.
• You further agree not to use the Website and app or Services:
• To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
• To violate any of our intellectual property rights or any third party.
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• To perpetrate any fraud.
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
• To publish or distribute any obscene or defamatory material.
• To publish or distribute any material that incites violence, hate, or discrimination towards any group.
• To unlawfully gather information about others.
1) Without prior written approval, the following organizations may link to our site:
• Government agencies.
• Search engines.
• News organizations.
• Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
• Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.
1) We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s site.
2) We may consider and approve in our sole discretion other link requests from the following types of organizations:
• commonly-known consumer and business information sources such as Chambers of Commerce and Consumers Union.
• dot.com community sites.
• Associations or other groups representing charities, including charity giving sites
• online directory distributors.
• Internet portals.
• Accounting, law, and consulting firms whose primary clients are businesses; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we determine that the link will not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organization does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link. We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s website. If you are one of the organizations listed in paragraph 2 and would like to link to our website, please contact us at office@tingme.world. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:
• By using our company name, the URL (web address) being linked to, or any other description of our website or material that makes sense within the context and format of the linking party’s site.
No use of the TINGME logo or other artwork will be allowed for linking absent a trademark license agreement. INTELLECTUAL PROPERTY You agree that the Website and app and all Services provided by us are the property of TINGME, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us. COST OF TINGME In app purchase: Monthly Subscription Cost of TingMe: TingMe charges a monthly subscription of £1.99 or €1.99 or $1.99 depending on the region the user is located. The first month’s subscription is collected at the point of signing up. 1.99 will be automatically collected on reoccurring basis every month after signing up until cancelled by the subscriber. This is the only cost and users will enjoy full unlimited use of The TingMe app and not be charged anything but the monthly subscription charge of £1.99 or €1.99 or $1.99 COPYRIGHT All content included in or made available through any TINGME, such as text, graphics, logos, button icons, images, digital downloads, and data compilations, is the property of TINGME or its content suppliers and protected by the United Kingdom and international copyright laws. The compilation of all content included in or made available through any TINGME is the exclusive property of TINGME and protected by Us. and international copyright laws. Copyright Infringement We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of TINGME ‘s policies. At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow the use of copyrighted work under certain circumstances. Removal of Content; Suspension or Termination of Account Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the TINGME site or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on the TINGME site or otherwise hosted by TINGME. Copyright Infringement Notification
• Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report.
• All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.
• We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.
• Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages to the United Kingdom.The UK Copyright Act (CA) or similar laws may be applicable in other countries.
Copyright Infringement Counter-Notification
• If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction.
• You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.
• The counter-notification process will take time to complete;please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the United Kingdom The UK Copyright Act (CA) or similar laws in other countries. Please note that we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy. The claimant may use this information to file a lawsuit against you.
• If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at TINGME’s sole discretion.
INDEMNIFICATION To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless TINGME and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by TINGME. TINGME reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TINGME in asserting any available defences. An Indemnified Party may participate in the defence by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent. ARBITRATION AND WAIVER OF CLASS ACTIONS WHEN YOU AGREE TO THESE TERMS AND CONDITIONS, YOU AGREE TO A DISPUTE RESOLUTION POLICY THAT INCLUDES (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE, OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY OR YOUR USE OF THE SITES OR ANY PRODUCT OR SERVICE PROVIDED THROUGH THE SITES; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, TRIAL BY JURY, OR ADMINISTRATIVE PROCEEDING, IN ORDER TO SETTLE YOUR DISPUTE. You and TINGME agree that in the event of any dispute between us, each party will, in the first instance, notify the other party of the intent to initiate a formal proceeding in writing (the “Notice”). The parties shall attempt to resolve any controversy or claim arising out of, or relating to, any provision of the agreement or the breach thereof by good faith negotiations between the parties and shall not initiate a formal proceeding for at least thirty (30) days from the date of the other party’s receipt of the notice. ARBITRATION SHALL BE CONDUCTED BEFORE ONE ARBITRATOR IN THE UNITED KINGDOM. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. In any arbitration arising out of or related to this agreement, there shall be no interrogatories or requests to admit. The arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such a determination should be made by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions. The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim, and the award, including any award of costs, expenses, or interest, shall provide a concise written statement of the essential findings and conclusions upon which it is based. The prevailing party, as determined by the arbitrator, shall be entitled to collect its reasonable costs, expenses, and interest (including reasonable attorneys’ fees, arbitration fees, and other such costs). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) ARE NOT EMPOWERED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT WHERE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits or except as may be necessary for connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. YOU AND TINGME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND TINGME AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If a court refuses to enforce the waiver of class-wide arbitration, this entire arbitration provision shall be unenforceable, and any claims brought on behalf of a putative class will proceed in court. IF FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. EXCLUSION OF LIABILITY You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the website and app, including loss of data or information or any kind of financial or physical loss or damage. In no event shall TINGME, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose. MODIFICATION & VARIATION We may, from time to time and at any time without notice to you, modify this agreement. You agree that we have the right to modify this agreement or revise anything contained herein. You further agree that all modifications to this agreement are in full force and effect immediately upon posting on the website and app and that modifications or variations will replace any prior version of this agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this agreement. NO WARRANTIES You agree that your use of the website and app and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website and App or Services will meet your needs or that the Website and App or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website and app or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website and app or Services is your sole responsibility and that we are not liable for any such damage or loss. LIMITATION ON LIABILITY We are not liable for any damages that may occur to you because of your use of the Website and app or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. GOVERNING LAW AND JURISDICTION This website and app originate from the United Kingdom. The laws of the United Kingdom. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United Kingdom. By using this website and app, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms. SEVERABILITY If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. CONTACTING US If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at office@tingme.world. This document was last updated on June 11, 2022