IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE.
Introduction. Welcome to TimTimTom’s website (the “Website”). TimTimTom is a publisher of personalised, multilingual printed material. All our products are made to order. This website is owned and administered by TimTimTom, Ltd (“We”, “Us”). We are always happy to hear from you, hence if you would like to contact us regarding anything contained in this Site and/or our Products, please contact us via email.
Prior to using the Website or ordering any products, please carefully review the following terms that govern your access and use of the Website (such access and use of the Website and services collectively the “Services”). The following terms also govern your purchase of printed books, materials and other products from the Website (“Products”). TimTimTom provides the Services to you, subject to these Terms & Conditions (”T&C”). Your use of TimTimTom indicates your agreement to be bound by these T&C. These T&C comprise the entire agreement between you and TimTimTom and supersedes any prior agreements between you and TimTimTom with respect to the subject matter addressed in these T&C. TimTimTom may revise these T&C at any time. All revisions to these T&C shall be effective immediately. You agree to review the T&C periodically to become aware of such revisions. If any such revision is unacceptable to you, you may not use this site. By using this website and/or ordering any Product you confirm you have read, understand and agree to be bound by these T&C and the Services. Your continued usage of the Website shall conclusively be your acceptance of any revisions to these T&C. The term “TimTimTom” used in these T&C means TimTimTom, Ltd.
Access and Usage of Site. TimTimTom grants you a limited, revocable, non-exclusive, non-transferable personal license to access and use the Services, specifically including this Website and the Content, for your own use in connection with the Services subject to these T&C. You may not use this site in any unlawful manner or in breach of any legislation that applies to you.
Once you place your order, you acknowledge that we may review your order and its contents. Furthermore, you agree that we may refuse to process your order if we believe that the content is in breach of these T&C.
TimTimTom permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by TimTimTom or third parties (collectively, “Rights”). These Rights are valid and protected in all media existing now or later available and, except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws as well as the terms of these T&C. Except as expressly mentioned and allowed, you may not copy, modify, distribute, publish, transmit, participate in the transfer or sale of, reproduce, adapt, display, incorporate into another website, or in any other way exploit any of the Content or use the information, materials, services, products or items on our website for commercial exploitation or create derivative works of such materials or Content, in whole or in part without the specific written permission of TimTimTom. TimTimTom grants you a limited, non-transferable license to access and use this Website, but does not permit you to download or modify it, or any portion of it, except with express written consent of TimTimTom, or where expressly permitted.
Copyrights. The contents of this Website, including, but not limited to, products, font, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, digital downloads, data compilations, software and written and other materials (collectively, “Content”) is owned, licensed or controlled by TimTimTom or its third party suppliers, and is protected by international copyright, trademark and/or other intellectual property law. All intellectual property rights (meaning patents, registered and unregistered trademarks and service marks, logos, domain names, registered designs and design rights, copyrights, database rights, moral rights and rights for computer programs) in this Site and/or giving you access to this Site are owned and shall remain owned by TimTimTom Limited or our third parties. Under no circumstances may you use or copy any of the Trademarks. You may not frame or utilise framing techniques to enclose any Trademarks, brand names or other trademarks or use any meta tags or other hidden text to capture the same without the express written permission of TimTimTom.
You are not allowed to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, frame, distribute, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific written consent of TimTimTom.
Usage of Website. You will not sell, redistribute or sublicense access to or use of the Website or Services. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. You will not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website, the App, the Services and/or the Products, or any portion of any of the foregoing, without the express written consent of TimTimTom. You agree not to interfere, disrupt, or attempt to gain unauthorised access to other accounts that use this Website or any other computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any other malicious code or program or engage in any other activity deemed by TimTimTom to be in conflict with the spirit or intent of these T&C. When you access and use our website, Facebook Page, Instagram, Twitter, Blog you must not:
- harm minors in any way, including, but not limited to, content that violates child pornography or exploitation laws;
- upload, post, order for print, email, share with others or otherwise transmit or communicate any spam or junk material or any threatening, obscene, libelous, offensive, blasphemous, pornographic, unlawful, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, vulgar, illegal or otherwise objectionable material or content that maybe offensive to other users of the website;
- upload, post, order for print, email, share with others or otherwise transmit or communicate any material or content that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes the copyright, trademark, patent or other intellectual property or any moral right of any party;
- sell, redistribute or use information contained on our website for a commercial purpose.
- impersonate another user of this Website including an employee of TimTimTom;
- violate any local or international law;
- interfere with the operation of TimTimTom’s servers or other computers or Internet or network connections;
- post or disseminate any material unrelated to the use of the website, including unauthorised advertising material of any kind or files that may damage another person’s computing devices or software;
- alter, damage or delete any content or other communications that is not your own or otherwise interfere with the ability of others to access this Website.
If TimTimTom is notified of any of the above violations, TimTimTom may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. TimTimTom may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; and/or (iii) to protect the rights or property of TimTimTom and its officers, directors, employees, affiliates, agents, third-party content providers, merchants, sponsors, and licensors and any other user.
Misconduct while using Site. TimTimTom reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, or any rights of TimTimTom. TimTimTom reserves the right to exercise whatever means necessary to prevent unauthorised access to the Services. TimTimTom may also implement certain technical barriers to prevent banished users from returning to the Website. TimTimTom shall not assume liability for any action or inaction with respect to any conduct, communication, or content on the Website.
Orders. We reserve the right to reject any Order without the obligation to assign any reason for doing so. Orders are considered accepted when payment has arrived and we have confirmed the order in writing.
Our Products are subject to availability and Our acceptance of your Order.
Once your Order has been confirmed it is your responsibility to notify TimTimTom of any mistake or fault with the Order.
Quality & Colours: TimTimTom will make every effort to display the quality and colours of our printed Products as accurately as possible. However, we cannot guarantee that the colours or quality displayed on your computer screen or mobile device will be the same as the final printed Product.
Your Content. When you order through TimTimTom, you may submit content, including, but without limitation pictures, images, photographs, text, graphics, data, visuals and/or other information (“Your Content”). You grant TimTimTom a non-exclusive, Royalty Free license to use, copy, distribute and display Your Content solely in connection to the fulfilment of your purchased Order. You are responsible for any and or all of Your Content that you upload, share or copy using the TimTimTom services. You must either own all right, title and interest in and to the copyrights in Your Content or have express permission from the copyright owner to copy and use Your Content for all purposes related to the Services and/or Products you purchase. Your Content must not violate or infringe upon the rights (including other intellectual property rights, privacy, publicity or moral rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources are protected by copyright and should not be uploaded, shared or copied using the Services.
Your Representations and Warranties. By submitting Your Content to this Website, you agree, represent and warrant that: (a) the use of Your Content does not harm any minors in any way (b) you own or otherwise have the right to use Your Content you submit or post to or through this Website; (c) use of Your Content does not infringe on the rights of others or cause injury to any person or entity; (d) Your Content does not violate the terms of these T&C; and (e) you will defend and indemnify TimTimTom for any and all claims resulting from Your Content in accordance with the Indemnity Section below. You further agree that you will not copy, reproduce, modify, alter, create derivative works from or distribute any Content from the Website.
TimTimTom has the right (but not the obligation) to monitor your use of the Website for adherence to this T&C. You agree to use TimTimTom solely for lawful purposes. Any conduct by you that, in TimTimTom’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Website or the Services, will not be permitted and shall entitle TimTimTom to immediately terminate the usage of TimTimTom’s Website without notice.
Information provided by You. You agree that any information you provide to TimTimTom is truthful and accurate. You acknowledge that TimTimTom does not pre-screen Your Content or content submitted by users, but that TimTimTom shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is made available to it on the Website by any user that violates this T&C or is otherwise objectionable. You also acknowledge and agree that TimTimTom may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these T&C; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TimTimTom, its users and the public.
TimTimTom’s Communications with you. You agree that TimTimTom may send electronic mail to you for the purpose of advising you of upcoming events, changes or additions to this Website, about any of TimTimTom’s Products or Services, or for such other purpose(s) as TimTimTom deems appropriate.
User Comments, Feedback and Submissions. TimTimTom welcomes comments regarding the Website and TimTimTom’s Products. However, it is TimTimTom’s policy not to accept or consider creative ideas, suggestions or materials other than those specifically requested by TimTimTom. It is our hope that you will understand the intent of this policy is to avoid misunderstandings if projects developed by TimTimTom (or its third party vendors or suppliers) are similar to someone else’s creative work. Hence, we request that you not send us any such ideas. If, despite this request, you send us comments, feedback, creative suggestions, ideas, notes, photos, sketches, concepts or other information or submissions (collectively, the “Comments”), you grant us all world-wide rights, titles and interests in all copyrights and other intellectual properties in the Comments. As such, you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Comments. Thus, TimTimTom will own exclusively all such rights, titles and interests and shall not be limited in any way in its use. TimTimTom shall always try to respond to any user comment, but it under no obligation to (a) maintain any Comments in confidence; (b) pay to user any compensation for any Comments; or (c) respond to any user Comments.
TERMS OF SALE
Payment Terms. The prices displayed within this Website are displayed in USD (US dollars). All books have the same price. Payment must be made at the time of purchase as stated on the Website.
We process all payments using PayPal, PayPal automatically encrypts your confidential information in transit from your computer to ours using the Secure Sockets Layer protocol (SSL).
You will be required to submit your payment details to PayPal and you may also be required to accept additional terms and conditions in relation to the usage of this third party payment gateway provider. We cannot accept, and herby exclude to the fullest extent permitted by the applicable law, any liability arising out of or in connection with your use of PayPal.
We take all reasonable care to keep the details for your purchase and payment secure but we will not be liable for any loss you might incur if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
By making a purchase on TimTimTom through PayPal you agree that you are over 18 years of age, authorised to use the PayPal account presented as a method of payment and that this account has sufficient funds to cover the full cost of Your Order. You guarantee that all of the details you provide to us for the purpose of this Order and its delivery are correct.
Customers outside of Hong Kong may also be liable for any import duty, tax, quotas, permits, product restrictions and other local requirements. These charges are beyond our control. Please be aware that you will be responsible for any import duties, taxes and/or customs charges payable. Before placing an order, we suggest you verify what local requirements may apply to you.
Shipping Terms. The address to which your Order should be delivered will be shown on the Order Confirmation and the method of delivery will be Hong Kong Post (unless specifically agreed otherwise). Loss or damage that occurs during shipping is not TimTimTom’s responsibility. All delivery dates specified on the website are estimates only. Whilst we make every effort to deliver items as quoted in our shipping section (www.timtimtom.com/faq), we will not be liable for any loss or expenses which you may sustain due to a delay in the delivery of your Order.
if you have order more than one Product, We reserve the right to make delivery of your order by instalments. Each delivery, then, would constitute a separate contract.
If you have not received your delivery within the stipulated times, please contact us on (www.timtimtom.com/contact-us/ ).
If you prefer to have your products delivered through registered mail or courier, please contact us (www.timtimtom.com/contact-us/) for more details.
You must be available to accept delivery on the delivery date, as the package does not necessarily fit into all mailboxes. If you wrongfully fail to take delivery of your order then We are under no obligation to refund the price.
Return Policy. Our return policy applies to our Products that are personalised by you and printed by us. In the event TimTimTom makes an error with respect to the Products you order (without any error by you) then you may contact us and we will re-design and/or re-print for you at no additional cost. In the event you make the error, then TimTimTom shall have the right to re-charge you for the requested correction up to the full amount of the initial charge. Your order for Products is subject to cancellation by TimTimTom at its sole discretion; in the event you pay for Products and TimTimTom cancels the order you paid for before you receive it, then TimTimTom will refund to you Hong Kong dollars amount of the Products paid by you that were cancelled by TimTimTom. In the event you cancel Products after ordering, your payment is non-refundable if TimTimTom has already processed your Product(s) for printing or design.
For the avoidance of doubt, except for faulty or defective Products (provided that you shall be deemed to have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 7 days after receiving the Product), nothing in these T&C shall give you the right to cancel your order, as the Product has been made using your specifications and is clearly personalised.
You must return the any Product to Us in the original packaging, which you must keep for this purpose.
LIMITATION OF LIABILITY
You acknowledge that any reliance on or use of this website, the services and the Content is at your sole risk. You acknowledge that such information or materials may contain inaccuracies or errors. You are responsible to ensure that any materials, products, services or information made available through our website meet your specific requirement.
To the fullest extent permitted by law, neither TimTimTom nor any of its officers, directors, employees, shareholders, customers, successors, agents or licensors (Related Parties) make any express or implied warranties, representations or guarantees whatsoever regarding this website, the services or any of the Content. Neither TimTimTom nor any of its Related Parties make any warranty or representation as to the accuracy, reliability, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. This website, the services and the Content are provided on an “as is”, “where is”, “where available” and “as available” basis.
Some jurisdictions limit (or do not allow) the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
We will not be liable for any loss or damage however caused (including any direct, indirect, punitive, incidental, consequential or special damages including loss of profits, loss of opportunity, loss of data or business interruption) that result from the use of (or the inability to use) this website, or your reliance on the website or its Content or any product or service supplied or made available on our website, even if we have been advised of the possibility of such damages.
No statement on this website shall be deemed to affect the statutory rights of a consumer which cannot be excluded or restricted by law.
Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
To the maximum extent permitted by law, you agree to indemnify and hold harmless TimTimTom and any of its Related Parties from and against any and all loss, damages, liabilities, settlement, costs or expense (including legal expenses and the expenses of other professionals) as incurred, resulting from or arising out of any claim in connection to Your Content, your use of the Website or the Services, or from your breach of these T&C.
Any final judgment rendered against TimTimTom for any cause of action for which you are liable hereunder shall be conclusive against you as to liability and amount. Your obligations herein shall survive any termination of these T&C.
We do not guarantee that the site, its content or any function of the site will be error-free or uninterrupted, that the site or the server are free of viruses or other harmful elements.
Product and Services Disclaimer. It is our intent to provide the most up-to-date and accurate information available throughout this Website, our Products and in our communications with you, however, there may be occasions where information on TimTimTom contains typographical errors, inaccuracies, or omissions that may relate to product, product descriptions, pricing, or availability. TimTimTom reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted.
Links to this Website. Please seek our permission to link to our website by emailing us at firstname.lastname@example.org. If we give our consent, you must ensure that any link is kept updated and does not portray us (or any information, material, products or services we may offer) in a false, misleading, derogatory or otherwise offensive manner. If we notify you that we object to the manner in which you link to our website, you must immediately stop providing any such link.
You must not frame this website or represent or imply that any part of the website belongs to anyone other than us.
To the extent that this Website contains hyperlinks to outside services and resources, the availability and content of which TimTimTom does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. If a third party links to this Website, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with TimTimTom. You acknowledge and agree that TimTimTom is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. TimTimTom makes no representations or warranties of any kind with respect to any linked site. Your use of any linked site is solely at your own risk.
TimTimTom may terminate these T&C at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in TimTimTom’s sole discretion you fail to comply with any term or provision of this T&C. Upon any termination of this T&C, the obligations stated in these T&C shall survive. Upon any termination of these T&C by either you or TimTimTom, you must promptly destroy all Content and other materials downloaded or otherwise obtained from this Website, as well as all copies of such Content and other materials, whether made under the terms of these T&C or otherwise
If you breach these T&C and we grant you time or take no action, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition.
If any of these Terms are held to be invalid, illegal or unenforceable for any reason, the remaining Terms will continue to have full force and effect.
Your use of this website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this website, including sending you electronic notices.
These Terms constitute the entire agreement between you and us in relation to this website. These Terms supersede all other prior or contemporaneous communications or displays whether electronic, oral or written.
Those who choose to access this Website from outside Hong Kong, SAR do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be made under the laws of the Hong Kong Special Administrative Region and subject to the jurisdiction of the courts of the Hong Kong, SAR.
Assignment. TimTimTom may assign this Agreement without your consent.
Events Beyond TimTimTom’s Control. TimTimTom shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including, without limitation, third party intermediaries to perform, continue, or renew their contractual arrangements with TimTimTom, nor inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of TimTimTom.