TERMS OF USE (TokMob)

1. TERMS OF USE
By downloading, browsing, accessing TokMob Mobile Application “TokMob App.”, you agree
to be bound by these Terms and Conditions of Use. We reserve the right to amend these
terms and conditions at any time. If you disagree with any of these Terms and Conditions of
Use, you must immediately discontinue your access to TokMob App. and your use of the
services offered on TokMob App. Continued use of TokMob App. will constitute acceptance
of these Terms and Conditions of Use, as may be amended from time to time.
2. DEFINITIONS
In these Terms and Conditions of Use, the following capitalized terms shall have the
following meanings, except where the context otherwise requires:
“Account” means an account created by a User on TokMob App as part of Registration.
“Merchant” refers to any entity whose loyalty program tokens can be earned and/or
redeemed via TokMob App.
“Privacy Policy” means the TokMob privacy policy set
“Redeem” means to redeem a loyalty program tokens on these Terms and Conditions of
Use
“Redemption” means the act of redeeming such Tokens, Vouchers, coupons and offers.
“Register” means to create an Account on TokMob App and “Registration” means the act
of creating such an Account.
“Offers” means Loyalty offers from the Merchant’s on TokMob App. including without
limitation, any product, tokens, discounts, deals and coupons for the
redemption of such services.
“Services” means all the services provided via TokMob App to Users
“Users” means users of TokMob App, including you and “User” means any one of them.
3. GENERAL ISSUES ABOUT TOKMOB APP AND THE SERVICES
3.1 Applicability of terms and conditions:
The use of any Services and/or TokMob App and the usage of any offers and Redemptions are
subject to these Terms and Conditions of Use.
3.2 Location:
TokMob App, the Services and offers are intended solely for use by Users who access TokMob
App in Jordan. We make no representation that the Services and offers are available or
otherwise suitable for use outside of Jordan. Notwithstanding the above, if you access TokMobApp, use the Services and offers from locations outside Jordan, you do so on your own initiative
and are responsible for the consequences and for compliance with all applicable laws.
3.3 Scope:
TokMob App, the Services and offers are for your non-commercial, personal use only and must
not be used for business purposes.
3.4 Prevention on use:
We reserve the right to prevent you using TokMob App and offers (or any part of them) and to
prevent you from making any Redemptions.
3.5 Equipment and Networks:
The provision of the Services and TokMob App does not include the provision of a mobile
telephone or handheld device or other necessary equipment to access TokMob App or the
Services or make any Redemptions. To use TokMob App or Services or to make Redemptions,
you will require Internet connectivity and appropriate telecommunication links. You
acknowledge that the terms of agreement with your respective mobile network provider
(“Mobile Provider”) will continue to apply when using TokMob App. As a result, you may be
charged by the Mobile Provider for access to network connection services for the duration of
the connection while accessing TokMob App or any such third party charges as may arise. You
accept responsibility for any such charges that arise.
3.6 Permission to use Mobile Application:
If you are not the bill payer for the mobile telephone or handheld device being used to access
TokMob App, you will be assumed to have received permission from the bill payer for using
TokMob App.
3.7 License to Use Material:
By submitting any text or images (including photographs Material) via the Application, you
represent that you are the owner of the Material, or have proper authorization from the owner
of the Material to use, reproduce and distribute it. You hereby grant us a royalty-free, non-
exclusive license to use the Material to promote any products or services.
4. REDEMPTIONS
4.1 Need for registration: You must register to make a Redemption from TokMob App.
4.2 Application of these Terms and Conditions of Use: By making any Redemption, you
acknowledge that the Redemption is subject to these Terms and Conditions of Use.
4.2.1 The holder of TokMob Vouchers/Coupons shall be entitled to buy goods/services from
the designated merchant for the value of theVoucher/ coupon only and shall not be
entitled to cash back (if any).
4.2.2 TokMob Voucher/Coupon shall not be redeemed for cash.
4.2.3 TokMob Vouchers/Coupons shall be valid till the assigned expiry date which is not
renewable.4.3 Redemption: Any attempted Redemption not consistent with these Terms and Conditions of
Use may be disallowed or rendered void at our or the relevant Merchant’s discretion.
4.4 Responsibility for Redemptions of perishable products: Each Merchant shall be responsible
to ensure that any of its products for Redemption that are perishable has not expired.
4.5 Restrictions:
(a) Reproduction, sale, resale or trading of any offer or Redeemed products is prohibited.
(b) If any offer is redeemed for less than its face value, there is no entitlement to a credit,
cash or Sample equal to the difference between the face value and the amount
Redeemed.
(c) Redemption of offers are subject to availability of the relevant Merchants’ stocks.
4.6 TokMob Not Liable:
For the avoidance of doubt, TokMob shall not be liable for any losses or damages suffered by
you resulting from a failure by the relevant Merchant to fulfil any Redemptions in accordance
with Clause 4.4 or for a failure by us to deliver any offer to you due to the unavailability of such
offer pursuant to Clause 4.5(c).
4.7 Lost/stolen Samples: Neither we nor any Merchant shall be responsible for lost or stolen
offers that have been redeemed.
5. LOCATION ALERTS AND NOTIFICATIONS
You agree to receive pre-programmed notifications (“Location Alerts”) on TokMob App from
Merchants if you have turned on locational services on your mobile telephone or other
handheld devices (as the case may be).
6. YOUR OBLIGATIONS
6.1 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant
Merchant for which your Redemption relates to, as may be amended from time to time.
6.2 Accurate information: You warrant that all information provided on Registration and
contained as part of your Account is true, complete and accurate and that you will promptly
inform us of any changes to such information by updating the information in your Account.
6.3 Content on TokMob App and Service: It is your responsibility to ensure that any offers or
information available through TokMob App or the Services meet your specific requirements
before making any Redemption.
6.4 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you
undertake not to use or permit anyone else to use the Services or Mobile Application:-
6.4.1 to send or receive any material which is not civil or tasteful
6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent,
obscene or menacing character, blasphemous or defamatory of any person, in contempt
of court or in breach of confidence, copyright, rights of personality, publicity or privacy
or any other third party rights;
6.4.3 to send or receive any material for which you have not obtained all necessary licences
and/or approvals (from us or third parties); or which constitutes or encourages conduct
that would be considered a criminal offence, give rise to civil liability, or otherwise becontrary to the law of or infringe the rights of any third party in any country in the
world;
6.4.4 to send or receive any material which is technically harmful (including computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data);
6.4.5 to cause annoyance, inconvenience or needless anxiety;
6.4.6 to intercept or attempt to intercept any communications transmitted by way of a
telecommunications system;
6.4.7 for a purpose other than which we have designed them or intended them to be used;
6.4.8 for any fraudulent purpose;
6.4.9 other than in conformance with accepted Internet practices and practices of any
connected networks;
6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other
minority or is otherwise calculated to adversely affect any individual, group or entity; or
6.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or
disproportionately large load on our infrastructure.
6.5 Prohibitions in relation to usage of Services, Mobile Application: Without limitation,
you further undertake not to or permit anyone else to:-
6.5.1 resell any products or offers ;
6.5.2 furnish false data including false names, addresses and contact details and fraudulently
use credit/debit card numbers;
6.5.3 attempt to circumvent our security or network including to access data not intended for
you, log into a server or account you are not expressly authorized to access, or probe the
security of other networks (such as running a port scan);
6.5.4 execute any form of network monitoring which will intercept data not intended for you;
6.5.5 enter into fraudulent interactions or transactions with us or a Merchant (including
interacting or transacting purportedly on behalf of a third party where you have no
authority to bind that third party or you are pretending to be a third party);
6.5.6 extract data from or hack into TokMob App ;
6.5.7 use the Services or TokMob Mobile Application in breach of these Terms and Conditions
of Use;
6.5.8 engage in any unlawful activity in connection with the use of TokMob App or the
Services; or
6.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any
other customer from properly using or enjoying TokMob App or Services.
7. RULES ABOUT USE OF THE SERVICE AND TOKMOB APP
7.1 We will use reasonable endeavors to correct any errors or omissions as soon as practicable
after being notified of them. However, we do not guarantee that the Services or TokMob
App will be free of faults, and we do not accept liability for any such faults, errors or
omissions. In the event of any such error, fault or omission, you should report it by
contacting us.7.2 We do not warrant that your use of the Services or TokMob App will be uninterrupted and
we do not warrant that any information (or messages) transmitted via the Services or
TokMob App will be transmitted accurately, reliably, in a timely manner or at all.
Notwithstanding that we will try to allow uninterrupted access to the Services and TokMob
App, access to the Services and TokMob App may be suspended, restricted or terminated
at any time.
7.3 We do not give any warranty that the Services and TokMob App are free from viruses or
anything else which may have a harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any
information or Services on TokMob App from time to time. Your access to TokMob App
and/or the Services may also be occasionally restricted to allow for repairs, maintenance
or the introduction of new facilities or services. We will attempt to restore such access as
soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw
any information or Services from TokMob App at any time.
7.5 We reserve the right to block access to and/or to edit or remove any material which in our
reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
8. SUSPENSION AND TERMINATION
8.1 If you use (or anyone other than you, with your permission uses) TokMob App, any
Services in contravention of these Terms and Conditions of Use, we may suspend your
use of the Services and/or TokMob Mobile Application.
8.2 If we suspend the Services or TokMob Mobile Application, we may refuse to restore the
Services or Mobile Application for your use until we receive an assurance from you, in a
form we deem acceptable, that there will be no further breach of the provisions of these
Terms and Conditions of Use.
8.3 TokMob shall fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or locate anyone in breach of these
Terms and Conditions of Use.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at
any time (in whole or in part) to:
(a) Suspend the Services and/or TokMob Mobile Application;
(b) Suspend your use of the Services and/or TokMob Mobile Application; and/or
(c) Suspend the use of the Services and/or TokMob Mobile Application for persons we
believe to be connected (in whatever manner) to you, if:
8.4.1 You commit any breach of these Terms and Conditions of Use;
8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a
breach of these Terms and Conditions of Use; or
8.4.3 We suspect, on reasonable grounds, that you may have committed or be
committing any fraud against us or any person.
8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may
have in respect of any breach or any rights, obligations or liabilities accrued prior to
termination.9. DISCLAIMER AND EXCLUSION OF LIABILITY
9.1 TokMob App , the Services, the information on TokMob App and use of all related offers
are provided on an “as is, as available” basis without any warranties whether express or
implied.
9.2 To the fullest extent permitted by applicable law, we disclaim all representations and
warranties relating to TokMob App and its contents, including in relation to any
inaccuracies or omissions in TokMob App, warranties of merchantability, quality, and
fitness for a particular purpose, accuracy, availability, non-infringement or implied
warranties from course of dealing or usage of trade.
9.3 We do not warrant that TokMob App will always be accessible, uninterrupted, timely,
secure, error free or free from computer virus or other invasive or damaging code or
that TokMob App will not be affected by any acts of God or other force majeure events,
including inability to obtain or shortage of necessary materials, equipment facilities,
power or telecommunications, lack of telecommunications equipment or facilities and
failure of information technology or telecommunications equipment or facilities.
9.4 While we may use reasonable efforts to include accurate and up-to-date information on
TokMob App, we make no warranties or representations as to its accuracy, timeliness or
completeness.
9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused,
and for any direct, indirect, incidental, special, consequential or punitive damages,
howsoever caused, resulting from or in connection with TokMob App and the services
offered in TokMob App , your access to, use of or inability to use TokMob App or the
services offered in TokMob App , reliance on or downloading from TokMob App and/or
services, or any delays, inaccuracies in the information or in its transmission including
but not limited to damages for loss of business or profits, use, data or other intangible,
even if we have been advised of the possibility of such damages.
9.6 We shall not be liable in contract, tort (including negligence or breach of statutory
duty) or otherwise howsoever and whatever the cause thereof, for any indirect,
consequential, collateral, special or incidental loss or damage suffered or incurred by
you in connection with TokMob App and these Terms and Conditions of Use. For the
purposes of these Terms and Conditions of Use, indirect or consequential loss or
damage includes, without limitation, loss of revenue, profits, anticipated savings or
business, loss of data or goodwill, loss of use or value of any equipment including
software, claims of third parties, and all associated and incidental costs and expenses.
9.7 The above exclusions and limitations apply only to the extent permitted by law. None
of your statutory rights as a consumer that cannot be excluded or limited are affected.
9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that
all electronic data transfers are potentially susceptible to interception by others. We
cannot, and do not, warrant that data transfers pursuant to TokMob App, or electronic
mail transmitted to and from us, will not be monitored or read by others.10. INDEMNITY
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding
brought or threatened to be brought against us which is caused by or arising out of
(a) Your use of the Services,
(b) any other party’s use of the Services using your user ID, verification PIN and/or any
identifier number allocated by TokMob, and/or
(c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs
and interest in connection with such claim, action, suit or proceeding.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All editorial content, information, photographs, illustrations, artwork and other graphic
materials, and names, logos and trade marks on TokMob App are protected by copyright
laws and/or other laws and/or international treaties, and belong to us and/or our
suppliers, as the case may be. These works, logos, graphics, sounds or images may not be
copied, reproduced, retransmitted, distributed, disseminated, sold, published,
broadcasted or circulated whether in whole or in part, unless expressly permitted by us
and/or our suppliers, as the case may be.
11.2 Nothing contained on TokMob App should be construed as granting by implication or
otherwise, any license or right to use any trademark displayed on TokMob App without
our written permission. Misuse of any trademarks or any other content displayed on
TokMob App is prohibited.
11.3 We will not hesitate to take legal action against any unauthorized usage of our trade
marks, name or symbols to preserve and protect its rights in the matter. All rights not
expressly granted herein are reserved. Other product and company names mentioned
herein may also be the trademarks of their respective owners.
12. AMENDMENTS
12.1 We may periodically make changes to the contents of TokMob App, including to the
descriptions and prices of services advertised, at any time and without notice. We
assume no liability or responsibility for any errors or omissions in the content of TokMob
App.
12.2 We reserve the right to amend these Terms and Conditions of Use from time to time
without notice. The revised Terms and Conditions of Use will be posted on TokMob App
and shall take effect from the date of such posting. You are advised to review these
terms and conditions periodically as they are binding upon you.
13. APPLICABLE LAW AND JURISDICTION
13.1 The laws of the Hashemite kingdom of Jordan will apply to all matters relating to the use
of TokMob App.
13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of
the courts of the Hashemite kingdom of Jordan in respect of any dispute arising out of
and/or in connection with these Terms and Conditions of Use.14. Privacy Policy
14.1 Access to TokMob App and use of the Services offered on TokMob App is subject to
TokMob Privacy Policy. By accessing TokMob App and by continuing to use the Services
offered, you are deemed to have accepted this Privacy Policy, and in particular, you are
deemed to have consented to our use and disclosure of your personal information in the
manner prescribed in this Privacy Policy. We reserve the right to amend this Privacy
Policy from time to time. If you disagree with any part of this Privacy Policy, you must
immediately discontinue your access to TokMob App and your use of the Services.
14.2 As part of the normal operation of our Services, we collect, use and, in some cases,
disclose information about you to third parties. Accordingly, we have developed this
Privacy Policy in order for you to understand how we collect, use, communicate and
disclose and make use of your personal information when you use the Services on
TokMob App :-
(a) Before or at the time of collecting personal information, we will identify the
purposes for which information is being collected.
(b) We will collect and use of personal information solely with the objective of
fulfilling those purposes specified by us and for other compatible purposes, unless
we obtain the consent of the individual concerned or as required by law.
(c) We will only retain personal information as long as necessary for the fulfillment of
those purposes.
(d) We will collect personal information by lawful and fair means and, where
appropriate, with the knowledge or consent of the individual concerned.
(e) Personal information should be relevant to the purposes for which it is to be used,
and, to the extent necessary for those purposes, should be accurate, complete,
and up-to-date.
(f) We will protect personal information by reasonable security safeguards against
loss or theft, as well as unauthorized access, disclosure, copying, use or
modification.
We are committed to conducting our business in accordance with these principles in
order to ensure that the confidentiality of personal information is protected and
maintained.