Terms and Conditions
Terms and Conditions
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”).
“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
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.
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 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.
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.
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:
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.
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.
HYPERLINKING TO OUR CONTENT
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 firstname.lastname@example.org. 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:
No use of the TINGME logo or other artwork will be allowed for linking absent a trademark license agreement.
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 service charge depending on the region the user is located. The first month’s subscription is collected at the point of signing up. This 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 service charge.
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.
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
Copyright Infringement Counter-Notification
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
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.
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.
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.
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.
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 email@example.com.
This document was last updated on June 11, 2022