Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By registering as a member of Tam's Shop, you agree to be bound by the Terms of Use of Tam's Shop Mobile App ("our App") and the following terms and conditions (collectively "this Agreement").
We ("Tam's Shop / Jointed-Heart Limited") reserve the right to modify any part of this Agreement at any time by posting the modified version on our Site. Except as stated below, all modifications shall automatically be effective upon posting on our site. You agree to review this Agreement periodically to ensure that you are aware of any modifications.
1.1 You must set up a membership account using a login ID and password in order to access the services provided on our App ("Service"). To set up an account, you must be 18 years old or above. If you are under 18, but at least 13 years old, you may still be admitted to the Service, but only if the membership account you are using is created and registered by your parent or legal guardian and with their permission.
1.2 Part of the Service may only be used or accessible (i) in countries or regions as stated on the individual service plan only; and (ii) you may have to pay the requisite fee for such access. See "Fees and Payment" at Clause 7.
1.3 Your subscription to any part of the Service is subject to our approval.
2. Account And Password
2.1 You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and all activities that occur on or through your account. Any use of the Service by any party who uses your account will be treated by us as used by you. You may be held liable for losses incurred by us or any other user of the Service or visitor of our Site due to someone else using your login ID, password or account as a result of your failing to keep your account information secure and confidential. We will not be liable for any loss or damages arising from your failure to comply with these obligations.
2.2 You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security.
2.3 You should not use other person’s login ID, password or account at anytime without the express permission and consent of the holder of that ID, password or account.
3.1 We may at any time without notice:
3.1.1 expand, reduce and/or modify the whole or any part of the Service or any content including but not limited to any still picture, voice, moving images, whether animated or otherwise, video, text, articles, editorial works, data, information and/or other material or goods that may be accessed through or on the Service or our Site ("Content");",
3.1.2 deactivate the whole or any part of the Service to carry out system maintenance, upgrading, testing and/or repairs;
3.1.3 limit or suspend your access to the whole or any part of the Service if we believe that such action is appropriate due to your improper use of the Service or breach of any term of this Agreement;
3.1.4 at any time employ and/or install software applications and/or programmes from the Service ("Software") in your personal computer or other personal viewing devices for the purposes of detecting any downloading, copying, storing, distribution, sharing or re-direction of any Content from the Service in any way or through any media and/or for your access to the Service from time to time; and,
3.1.5 refuse to provide the Service to you if you fail to successfully download and install the Software.
3.1.6 As your use of the Application will consume Internet connection and incur network data transmission fees, please beware of your network consumption and the network data transmission fees being charged by your network service provider. Please contact your network service provider for any queries.
3.1.7 Your installation and use of the Application will occupy certain storage capacity of your device. Therefore, please maintain sufficient storage capacity in your device at all times.
4.1 You should:
4.1.1 access the Service from only one computer or viewing device and only one video may be streamed through the Service at any one time;
4.1.2 be responsible for any costs you incur to access the Service and Internet connection.
4.1.3 abide by all relevant laws of Hong Kong Special Administrative Region of the People’s Republic of China ("Hong Kong") and any operating and/or usage rules, as amended from time to time.
4.2 You should not:
4.2.1 download, sell, share, reproduce, copy, distribute, publish, modify, prepare derivative works based on the Content or display the Content or cause the Content to be displayed in public or re-direct any Content from the Service in any way or through any media or frame any part of the Service or the Content without our prior written consent;
4.2.2 use the Service, the Software, the Content and/or our Site for any unlawful purpose or for any purpose not expressly provided under this Agreement;
4.2.3 modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of our Site, any part of the Service, the Software and/or the Content;
4.2.4 use any robot, spider, scripts, site search, retrieval application, or other manual or automatic device or process to access, monitor, retrieve, index, "data mine", or in any way reproduce, disrupt or copy, circumvent the navigational structure or presentation of the Service, the Software and/or the Content.
4.2.5 hack, break into, or attempt to hack or break into the Service, the Software, the Content, and/or any data areas on our server(s) or that of any third party in any manner, or access such parts of the Service or Content which you are not authorized to login;
4.2.6 incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
4.2.7 forge headers or otherwise manipulate identifiers in order to disguise the origin of any contents transmitted through the Service;
4.2.8 interfere with or disrupt the Service or servers or networks connected to the Service, restrict or inhibit any other persons from using the Service.
4.2.9 remove any copyright, trademark, or other proprietary rights notices contained in the Service, the Software, the Content and/or our Site;
4.2.10 permit any minors from viewing those Content and/or use any part of the Service which is not suitable for viewing by minors; or
4.2.11 collect information of other users of the Service.
4.3 You agree that:
4.3.1 certain Content or Service that is accessible through one viewing device may not be accessible through other viewing devices for various reasons (such as limitations or restrictions from third party), and we are not liable for such inaccessibility;
4.3.2 part of the Service and/or Content may be provided or maintained by third party providers. In such cases, your correspondences or dealings with any third party provider are solely between you and that third party provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred by you or any third party as the result of such dealings;
4.3.3 unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement; and
4.3.4 your use of different web pages linked to the Service may be governed by additional or different terms and conditions. Those additional terms and conditions of such web pages will apply to you in addition to this Agreement and will prevail over this Agreement if there is any inconsistency regarding your use of those web pages.
4.3.5 Open Tam’s Shop application and register as a member, the rewards stamps can be earned by scanning the QR code on the receipt in 4 hours and maximum 5 receipts can be scanned a day. Rewards stamps earned in one calendar year remain valid until December 31 of the next calendar year thereafter.
5 Personal information
5.1 You should provide true, accurate, update and complete personal information as required to complete your application for and/or use of the Service ("User Data") and should maintain and promptly update such User Data from time to time. Failure to do so may result in the immediate suspension or termination of your account and your current or future use of the Service.
5.2 "User Data" may include the following: (i) Email Address; (ii) Date of Birth; (iii) Gender; (iv) Country; (v) Salary Range; (vi) Education Level; (vii) Hobbies and leisure activities; (viii) Full Name on your ID Card; (ix) Residential Address; (x) Contact Number; (xi) Mobile Phone Number; and (xii) any other personal information as requested by us from time to time.
5.3 You can correct factual errors in your User Data by sending amendment request by email to info@jointedheart.com. For security reason, we will take reasonable steps to verify your identity before granting access to making corrections.
5.4 You understand that by using the Service, you consent and agree to our collection and use of the User Data and other information of your use of the Service in accordance with our Collection and Use of Personal Data Statement.
5.5 Your User Data may be used by us and/or our associates within the Tam's Shop & Jointed-Heart Limited for internal demographic studies, for the provision of better tailored news and promotion information to you, or for the verification of your identity when you participate in our games.
5.6 Your User Data may also be disclosed to banks and/or third-party service providers when you make online payment of the relevant fees for accessing or using certain part of the Service.
5.7 You understand that by using the Service, you consent and agree to our collection and use of the Internet Protocol ("IP") address information and other related information for geo fitering purpose.
5.8 Notwithstanding our policy and practices of collecting and preserving your Personal Data, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to us via the Internet may be read or intercepted by others, even if there is a special notice that a particular transmission (e.g. credit card information) is encrypted.
6 License and Copyright
6.1 Software License
We hereby grant to you a non-exclusive and non-transferable license for you to store, run and use the Software on your personal computer or viewing device for your accessing of the Service in accordance with the terms in this Agreement and any software license of the Software but not further or otherwise.
6.2 Copyright
You agree that we own and retain all rights to the Services and the Content and all materials contained in our Site, and you acknowledge that the Services, the Content and all materials contained in our Site are protected by copyright, trademark, and other Intellectual property by laws, and you further agree that you are being granted with a non-exclusive limited license to use the Services, the Content and the materials contained in our Site in compliance with the terms of this Agreement.
6.3 Nothing you do on or in relation to the Service, the Content, the materials contained in our Site or the Software will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
7 Fees & Payment
7.1 We will invoice you for all fees which are related to your use of the Service ("Fees") at such intervals as we determine as appropriate. Fees may include but are not limited to subscription fees, usage fees, handling fees and any other relevant fees and charges incurred from time to time which are related to your use of the Service.
7.2 Unless otherwise specified, all usage fees are payable in arrears; all subscription fees are payable in advance or expiration of your free trial period (if any), whichever is earlier, and recurrently at intervals thereafter unless and until the cancellation of your subscription or your account/service is suspended or discontinued pursuant to this Agreement.
7.3 The Fees will be calculated by reference to data recorded or logged by us or our corresponding business partners and not by reference to any data recorded or logged by you. Records held and logging procedures adopted by us will be conclusive evidence of your usage of the Service and the Content, and the Fees payable by you.
7.4 Unless otherwise specified, all currency references are in HK dollars.
7.5 Unless otherwise specified, the date-and-time we refer to in the Service and our Site is of Hong Kong Time Zone.
7.6 We may from time to time offer discount to Fees upon such terms and conditions as specified by us. If you fail to satisfy any of those terms and conditions, no discount will be granted and you will be charged at the then prevailing price in the next billing period.
7.7 Where you have specified any part or all of the Fees to be charged to your credit card (which means VISA or Master card only) or other payment methods (collectively as "Billing Account") through our business partners, you hereby authorize us to charge your Billing Account the full amount of such Fees automatically at any time or interval as determined by us as appropriate. For the avoidance of doubt, by authorizing us to charge your credit card for the Fees, you are authorizing us to automatically continue charging that card (or any replacement card if the original is renewed, lost, stolen or changed for any reason by the card issuer, and the issuer informs us of the new replacement card account) for any Fees which are recurrent in nature (e.g. subscription fees). If you are not the cardholder, you warrant that you have obtained authorization from the cardholder.
7.8 Where the Fees payable is of a recurrent nature, unless you cancel your account prior to the expiration, your account will be automatically renewed for another recurrent period. See Clause 11.3. At the time of renewal, we will charge your Billing Account then-current fees to renew the Service. About thirty (30) days prior to your expiration date, we will notify you that your account is about to renew and remind you that your Billing Account will be billed the indicated Fees on the renewal date.
7.9 We have the right, at any time and at our sole discretion, to accept or reject the payment method selected by you. If no effective payment method is in place, your access to the Service may be suspended; such access will only be restored upon full settlement of all accrued charges by the payment method accepted by us.
7.10 Any disputes regarding Fees listed on the invoice must be raised within 30 days of the invoice date notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank.
7.11 If you have more than one Billing Account with us, you agree that we may transfer any amount from any of your Billing Accounts so as to settle any outstanding amount due to us under any of your accounts, whether they have been terminated or suspended.
7.12 No credit or refund is available in respect of any time when the Service or any part thereof is disrupted or suspended as a result of
(i) our system maintenance or upgrade or
(ii) any technical difficulties or
(iii) any Force Majeure Event (see Clause 12) or
(iv) your breach of this Agreement.
7.13 No cancellation of any part or the whole of your existing plan of Service is available once your subscription is accepted by us.
7.14 We may offer you certain free trials for certain recurrent plans you have subscribed or for other recurrent plans you haven’t subscribed from time to time at our sole discretion as our special reward for you. The terms of any such offer will be posted on our Site. We reserve the right to modify or cancel offer at anytime without notification. Once the free trial offer of such plan ends, we will start billing you for the recurrent subscription fees corresponding to such plan.
7.15 We may, at any time, upon notice, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change.
8 Disclaimer of Warranties & Limitation of Liabilities
8.1 To the fullest extent permitted by law, we and the providers of the Service, the Software and/or the Content disclaim all representations and warranties of all kind, whether expressly or implied, including but not limited to the title, fitness for a particular purpose, merchantability, non-infringement, accuracy or standard of quality of the Service, the Software and/or the Content, that the Service or your access to the Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure. We further disclaim any representation or warranty that the Service, the Software and/or the Content will meet your requirements.
8.2 You agree that your use of the Service, the Software and/or the Content is at your own risk and the Service, the Software and/or the Content are provided on and "AS IS" and "AS AVAILABLE" basis. Any material downloaded or otherwise obtained through the use of the Service, the Software and/or the Content are accessed at your own risk, and you will be solely responsible for any damage to your computer or other viewing device or loss of data resulting from the download, use or access of any such material.
8.3 To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of the Service, whether authorized or not) for the following:
8.3.1 any damage to or loss of data and/or the consequences or effects on your Internet connection, its spend and/or bandwidth, arising from your use of the Service, the Software and/or any Content;
8.3.2 any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any incidental or consequential damages, whether of an economic nature or not;
8.3.3 any claim relating to any part of our Site, the Service and/or Software or Content supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available);
8.3.4 any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, the Service, the Software and/or the Content;
8.3.5 any disruption, suspension, delay, failure or discontinuation of the Service or the service capacity (including but not limited to streaming capacity allocated by us for the Service), the Software and/or Content or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs, (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (iv) any other third party’s software or services;
8.3.6 any infringement of intellectual property rights arising from your use of our Site, the Service, the Software, or the Content.
9 Indemnities
You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney’s fees) made by a third party, relating to or arising from (i) your use of our Site, the Service, the Content and/or the Software; (ii) any and all usage of your account, whether or not such usage is expressly authorized by you; (iii) any violation by you of this Agreement; or (iv) your violation of any rights of another. This indemnity clause will survive the termination or expiration of this Agreement and/or your use of the Service.
10 Third parties’ links and advertisements
The Service or the Site may contain materials from third parties and/or hyperlinks to third party websites. We have no control over any third party websites linked to the Service or our Site and we are not responsible for the content or accuracy of any off-site pages or any other third party websites linked to the Service or our Site (including without limitation sites linked through advertisements). Some links which appear on the Service or our Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you agree to access those links at your own risk. Your correspondence or dealings with, or participation in the promotions of advertisers on any third party websites are solely between you and such third party. We are not responsible or liable in any way for any loss or damage of any sort incurred or allege to have incurred, either directly or indirectly, as the result of your reliance, use, dealings of or as the result of the presence of such links and advertisements on the Service or our Site.
11 Termination
11.1 We may terminate this Agreement in respect of a particular Service or all of the Services
(i) at any time by giving at least 14 days notice to you or
(ii) immediately by notice to you if there is any suspected or actual breach by you of any term of this Agreement or
(iii) we cease to have the right to provide the Service. Any such termination or suspension may be made by us at our own sole discretion, without any refund to you of any prepaid fees or amount, and we will not be responsible to you or any third party for any damages that may arise from such termination or suspension of your account and/or Service or any part thereof.",
11.2 You may terminate this Agreement in respect of a particular Service or all of the Services by such methods as specified by us from time to time submitting a termination request by email to info@jointedheart.com . Termination of any Service as requested by you will only be effective upon confirmation of such termination by us.
11.3 Where you have subscribed to any recurring plan for a service, no termination can be made to the existing plan prior to the service expiry date. You shall notify us to stop your recurring service at least 7 working days by email to info@jointedheart.com before the new recurring be effective.
11.4 Any Fees, rebates, interest on any security deposit or any payment paid by you prior to your termination are non-refundable (except as expressly permitted otherwise by this Agreement or by our written consent), including any Fees paid in advance for the term during which you terminate. Termination of your account will not relieve you of any obligation to pay any accrued fees or charges.
11.5 Upon termination of your account, all access to the Service, licenses, rights and privileges granted to you under this Agreement shall cease. Any termination of this Agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.
12 Force Majeure
We will not be liable to you by reason of any failure or delay in the performance of our obligations hereunder on account of events beyond our reasonable control, which may include, without limitation, strikes, material shortages, riots, fires, flood, storm, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, failure of the Internet or extraordinary connectivity issues experienced by telecommunications providers. Upon the occurrence of a Force Majeure event, we are not obliged to further performance of our obligations for so longs as the Force Majeure event continues, and for such further period of time that we may reasonably require to recover from the effects of such Force Majeure event.
13 General
13.1 If any provision of this Agreement becomes or is held to be illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
13.2 The failure of our enforcement of any right or provision of this Agreement will not be deemed a waiver of such right or provision.
13.3 We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this Agreement to any person or entity at any time. You shall not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under this Agreement to any person or entity without our prior written consent.
13.4 All notices and other communications hereunder to us shall be in writing or by email to info@jointedheart.com and shall be deemed to have been duly given when delivered, if delivered by messenger during our normal business hours; when sent, if transmitted by email (receipt confirmed) during our normal business hours, on the third business day following mailing, if mailed by certified or registered mail, postage prepaid to our registered office as shall be specified by us from time to time.
13.5 All notices and other communications hereunder which we give to you will be in such form and manner as we deem it is appropriate and it shall be deemed to have been duly given when sent, if transmitted by electronic mail, mobile short message (SMS) or facsimile transmission.
13.6 This Agreement shall be governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong. The English version of these terms and conditions shall prevail over the Chinese version (if any) which is provided for information purposes only.