End User Licence Agreement

(These terms were last updated on 21st June 2021).

1. Who we are

We are Timbl FZ-LLC, its subsidiaries and affiliates (“Timbl”, “we,” “us,” “our”).

We own and operate the App (as defined below), web services, and platforms known as ‘Timbl’, any other linked and related network, ecosystem, pages, content, features, products, and tools offered by us via any kind of digital platform (the “Platform”) in these terms.

2. Grant of licence

We hereby grant you a non-exclusive, revocable right to access and use the Platform, subject at all times to these terms as well as our privacy policy. The privacy policy and these terms are referred to as the End User Licence Agreement (“EULA”).

Your use of the Platform under this EULA is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the Application (“App Store Terms”). You may download and install the Application only through authorised App Store Providers. In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that the relevant App Store Provider is a third-party beneficiary under these Terms and will have the right to enforce these Terms against you directly.

If you are using the Platform on behalf of a company or other form of entity, you confirm that company or entity to the warranties and obligations made under these Terms (as defined below).

If you do not agree to any of these terms and conditions, we will be sorry to lose you, but you may not use the Platform.

We have the right to disable your account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

We reserve the right, at our sole discretion, to modify the Terms at any time. We will try to advise you of these changes, but the validity of any changes to the Terms shall not be contingent on us making any notification or other form of communication. At all times you shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Platform by you following such notice constitutes your acceptance of the terms and conditions of the Terms as modified.

We grant you a non-exclusive, non-transferable licence (i.e. permission) to install and use a copy of the Timbl application (the “App”) on your mobile device for the purpose of accessing and using the Platform, in accordance with this EULA.

3. Application to join the Timbl network

Use of the Platform does not automatically mean that you will become a full-fledged member of the Timbl network and/or that we will enter into any form of commercial or other arrangement with you, other than the legally binding relationship governed by the EULA.

In order for us to grant you access to Timbl (“Access”), you may be required to supply a range of information such as telephone number, email address, name, gender, date of birth, and nationality (“Info”) which may vary from time to time. At all times you undertake to provide us with accurate, complete, and updated Info and to let us know if any Info becomes inaccurate or out of date.

Access may be dependent on you receiving and verifying via an OTP via SMS or email, which requires you to maintain such aspects of the Info as up to date in particular.

4. Fees and payment
Platform fees

We do not charge for use of the Platform, but you are responsible for making all arrangements and payment to third parties necessary for you to access our services using the Platform.

Food & beverage bill payments

At the end of your meal, you pay the value of your bill to Timbl via the Platform, at which time it is Timbl’s responsibility to settle the bill to the satisfaction of the restaurant.

In order to pay a bill at a food and beverage outlet using the Platform and to use the Services, you may need to input credit or debit card details in into the Platform or digital wallet service approved by Timbl (“Payment Services”). You must have appropriate authority to use all card details which you provide using the Payment Services.

We will send you a push notification via the Application and/or provide a payment confirmation page via the Website to indicate your payment has been successful and your receipt will be sent by email.

By using the Payment Services, you are consenting to the terms of use of Checkout or other Payment Services providers and consenting for Timbl to pay your bill.

The use of your payment card details by Checkout or other third party payment processing providers and the venue is not governed by these Terms and will be governed by Checkout or other third party payment processing providers and the venue’s own terms of use and privacy policy. We recommend that you access and review any such terms and policies prior to providing your payment card details.

We seek to facilitate the payment procedure but order transactions are between you and the relevant venue.

Refunds

If, for any reason, you are due a refund for a transaction made through the Platform, please be aware that it is not possible to process this refund on site. You will need to follow the merchant’s Timbl refund process. The refund will be processed offsite and is unlikely to be processed on the same day that the transaction took place.

Please contact the merchant directly for their Timbl refund process.

5. Our intellectual property
Copyright

All materials displayed or performed on the Platform, or which may be made available for your download including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations, and video (also known as the “Content”), are protected by copyright.

You agree and undertake at all times to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Platform, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

The Platform is protected by copyright as collective works and/or compilations, pursuant to copyright laws, international conventions, and other intellectual property laws applicable in the jurisdiction from which you access the Platform at any time.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this EULA), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Platform in whole or in part.

You may not copy or store any Content unless you have our prior written permission from, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.

You acknowledge that we do not endorse or guarantee any third-party content and you may not state or imply any such endorsement or guarantee.

The technology and the software underlying our Platform is the exclusive property of Timbl and its licensors.

Your right to use our IP

Subject to your compliance with this EULA, Timbl grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Platform, as provided by Timbl in accordance with this EULA.

To be clear, you may not resell or make any commercial use of the Platform or any Content, nor copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Platform.

You agree not to use modified versions of any software underlying our Platform, including without limitation, for the purpose of obtaining unauthorized access to our Platforms or applications.

All rights in the product names, Timbl brand names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs whether or not appearing with a trademark symbol, belong exclusively to Timbl or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.

The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Platform confers on you any license or right under any patent or trademark of Timbl, its licensors, affiliates, or any third party.

6. Platform rules

You warrant, represent and agree that you will not use the Platform in a manner that:

  1. infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party;
  2. violates any law, statute, rule, ordinance or regulation;
  3. impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Timbl.

You acknowledge and agree that you shall not:

  1. conduct any fraudulent, abusive, or otherwise illegal activity;
  2. use the Platform to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  3. engage in any kind of illegal activity;
  4. use the manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Platform;
  5. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Platform;
  6. remove, obscure, or alter any notices or links (e.g., links to Timbl’s Privacy Policy and Terms) on the Platform or any of the features or tools or other Platform.

Any violation of the above may be grounds for termination of your right to access or use the Platform. Timbl reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Timbl deems in its sole discretion to be an illegal or unauthorized use of the Platform.

Timbl will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this EULA.

You shall be responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You are responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the use of the Platform.

If reasonably requested by us from time to time (by means of a notice within the Platform, on our website, within the relevant application store or otherwise), you agree to install and use an updated or upgraded version of the App in place of your current version, or to uninstall the App if we cease to offer it and the Platform to the public. All upgrades will fall within the definition of “App” under this EULA.

Depending on the update or upgrade, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that the device you use to access the Platform will require certain software in order for the Platform to work correctly and it is your responsibility to ensure that you have the required up-to-date software.

7. Disclaimer of warranties

THE PLATFORM, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE TIMBL WEBPLATFORMS, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR PLATFORM AVAILABLE VIA THE PLATFORM, OR THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You acknowledge and agree that we are under no obligation to ensure that the Platform meets your individual requirements.

Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Platform. Timbl has no special relationship with or fiduciary duty to you.

The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from our licensors or other third parties, and all Platform are provided for informational purposes only and are not intended to be a substitute for any type of professional advice including legal advice, financial advice, medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice).

We are not responsible for the delivery or quality of the venue services or the amount of the bill, and we cannot process any refunds. You should discuss any such issues directly with the venue.

8. Privacy & personal data

We aim to facilitate a series of customer experiences via the Platform within the hospitality industry, including paying for food and drinks in participating restaurants, pubs, bars and other hospitality venues which involves the collecting and processing of data of various forms, including personally identifiable information and demographics data.

For information regarding our treatment of personal information, please review our Privacy Policy which is hereby incorporated into this EULA by reference.

Any use of our Platform constitutes your acceptance and agreement to be bound by our Privacy Policy.

9. Electronic communications

When you use our Platform, or send emails to us, you are communicating with us electronically.

You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Platform, “push” mobile notification, and other communications.

You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this EULA.

10. Indemnity & liability

You agree to indemnify and hold Timbl, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Platform, use of the Platform, the violation of this EULA by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

All provisions of these Terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.

Termination of these Terms or cessation of access to the Platform shall not affect accrued rights and liabilities of you or us up to the date of termination.

11. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL TIMBL OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE PLATFORM OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PLATFORM; OR (IV) FOR ANY MATTER BEYOND TIMBL’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. Third party sites

The Platform may contain links to third party applications, sites, and platforms (“Third Party Sites”) that are not owned or controlled by Timbl, or that may be accessible by logging in through a Third Party Site, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Site relating to your use of the Platform and that you will act in accordance with those policies, in addition to your obligations under this EULA.

Timbl has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any Third Party Site. In addition, Timbl will not and cannot monitor, verify, censor or edit the content of any third-party Platform By using the Platform, you expressly relieve and hold harmless Timbl and its affiliates from any and all liability arising from your use of any Third Party Site.

Your interactions with organizations and/or individuals found on or through the Platform, including payment and delivery of goods or Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or personal interaction with any of these third parties.

You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Platform, or between users and any third party, you understand and agree that we are under no obligation to become involved.

13. Release of claims

You hereby release Timbl, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of having acquired or not acquired any Content through the Platform.

14. Miscellaneous

Modification & termination

We reserve the right to modify, discontinue, terminate or suspend any and all Platform without prior notice. This EULA shall remain in full force and effect while you use any part of the Platform. You may terminate your use of the Platform or your membership at any time by following the instructions on the Platform. Timbl may terminate or suspend your access to the Platform (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Platform and any Content will immediately cease.

Waiver & severability

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Timbl shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Timbl’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

If any provision of this EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

Entire agreement

You and Timbl agree that this EULA (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this EULA, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Agency & assignment

This EULA is not assignable, transferable or sublicensable by you except with Timbl’s prior written consent. Timbl may transfer, assign or delegate this EULA and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this EULA and you do not have any authority of any kind to bind Timbl in any respect whatsoever.

Survival

All provisions of this EULA that by their nature are intended to survive performance hereof by you or Timbl, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this EULA.

Governing law & disputes

These terms and any dispute or claim arising out of or in connection with them or their subject-matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Emirate of Dubai. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Dubai in relation to all matters arising out of or in connection with these terms, or their subject matter or formation (including non-contractual disputes or claims).

Questions

If you have any questions or notices of violation of this EULA, please send an email to product@timblapp.com

©2021 Timbl FZ-LLC