WHO WE ARE AND WHAT THIS AGREEMENT DOES

 

We 4CCS Development Ltd of 20 Tadworth Parade, Elm Park, RM12 5AS  (“we”, “us”, “Tikel”) license you to use:

⦁ the Tikel mobile application software (“App”) and any updates or supplements to it;

⦁ the Service (as described below) you connect to via the App and the content we provide to you through it;

as permitted in these terms.

By accessing, using or installing the App you will be able to show your friends and family that you’re thinking of them by sending them personalised content and experiences (“Tikels”). Through our network of partners Tikels may include small gifts such as a coffee, a drink or some other small treat. We aim to be the digital home of the “little moments” and “little things” in life. In this document we call all the aforementioned the “Service”.

The Service includes use of material and content such as artwork and designs created by us or for us which are our proprietary materials (“Content”). In using the Service you are authorised by us to use the Content only in so far as is needed to send or receive a Tikel. Nothing in our relationship can be taken as any assignment or licence or right to any Content for any other purpose.

FEES

 

The App and the Service are provided to you in return for a small Tikel fee (“Fee”). The Fee amount may change from time to time at our discretion. For full details of our current Fee structure please see here tikel.me/fees.

The Fee is charged as follows:

⦁ for each paid Tikel sent; or

⦁ for up to a certain number of Tikels sent.

The Fee is collected via major credit or debit cards through our global payment processing partner(s) using the card details you input when sending a Tikel. All card details are stored securely by our payment partner(s) in accordance with card industry security standards. We do not store or have access to your card details.

The Fee allows you to access and use our full suite of the App and Service features and functionality including but not limited to: Tikel designs, content features, experiential functionality, etc.

The Fee is non-refundable once a Tikel has been sent: your payment for the provision of the Service. Your chosen Tikel recipient has up to 1 (one) year to redeem a Tikel.

 

YOUR PRIVACY

 

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy tikel.me/privacy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

APPLE APPSTORE’S AND GOOGLE APPSTORE’S TERMS ALSO APPLY

 

If you download the App from an app store (such as Apple or Google Play), the ways in which you can use the App may also be controlled by that app store’s rules and policies.

OPERATING SYSTEM REQUIREMENTS

The availability and functionality of the Service and App depends on the quality of your internet connection and device capabilities. Some features may not be available on all devices or on all operating systems. Supported devices and operating system requirements include iPhones running operating system (OS) version 13.1 or later and Android phones running operating system (OS) version 6.0 or later.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at tikel.me.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected].

How we will communicate with you. If we have to contact you we will do so by App or by SMS, using the contact details you have provided to us.

HOW YOU MAY USE THE APP

The App may only be used for the prescribed Service described above. Any non-prescribed and / or unlawful uses of the App will result in immediate suspension of your rights to use the App and Service; we may also pursue potential litigation pending further investigation.

We have implemented strict value and volume limits to help ensure that the App is used only for the prescribed Service. For more information please see here tikel.me/fees.

In return for your agreeing to comply with these terms you may:

⦁ download a copy of the App and view, use and display the App on your device for your personal purposes only.

⦁ receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP

You must be 18 or over to accept these terms and use the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

 

We are giving you personally the right to use the App and the Service. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

IF SOMEONE ELSE OWNS THE PHONE OR THE DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide the Service to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

 

The App or the Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:

⦁ not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;

⦁ not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

⦁ not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;

⦁ not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

      ⦁ is not disclosed or communicated without the Licensor’s prior written consent to any third party  to whom it is not necessary to disclose or  communicate it in order to achieve the Permitted Objective; and

      ⦁ is not used to create any software that is substantially similar in its expression to the App;

      ⦁ is kept secure; and

      ⦁ is used only for the Permitted Objective;

⦁ comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS

You must:

⦁ not use the App or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any part of the Service or any operating system;

⦁ not infringe our intellectual property rights or those of any third party in relation to your use of the App or any part of the Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

⦁ not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any part of the Service;

⦁ not use the App or any part of the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

⦁ not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App and the Service throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. Where we are liable to you, our liability is limited to the value of the Fee.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Limitations to the App and the Service. The App and the Service are provided “as is”. Although we make reasonable efforts to ensure their uninterrupted availability this is also dependent on our various partners and we make no representations, warranties or guarantees, whether express or implied, that the App will always be available or the Service or any part of it can be provided at any particular time.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

WE MAY END YOU RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

 

We may end your rights to use the App and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Service:

⦁ You must stop all activities authorised by these terms, including your use of the App and any Service.

⦁ You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

⦁ We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

 

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

 

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

 

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEDURES

 

These terms are governed by English law and to the extent permitted by law you submit to bringing any legal proceedings in respect of the App or Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.