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1.1 We/Our/Us: Timble Limited as owners of the Timble App
1.2 Services: Any services we provide via the Timble App or website, and includes any associated apps or products, goods or services provided through the Timble App.
1.3 You/Your/User: Any individual, company or business that uses and/or engages with the Services.
1.4 Account Organiser: A user who creates an account in order to offer to connect with and share information with Account Users;
1.5 Account User: A user who creates an account in order to accept an offer to connect and share information with an Account Organiser;
1.6 Associated User: A user that you have consented to sharing information with using the Timble App by allowing them to contact you or access to your account information in relation to the Services.
2.1 You can create a Timble account either as an Account Organiser or an Account User. Account Organisers offer to connect and share information with Account Users and Account Users accept the offer made. Whether as an Account Organiser or Account User, you consent to becoming an Associated User of any other account holder with whom you agree to share information.
2.2 You are responsible for all information provided in relation to your account;
2.3 You agree to share information with any Associated User you select in order for us to provide the Services;
2.4 You will inform us of any change to your account information, including any additions or removals of Associated Users;
2.5 You agree to use the Services in good faith and in a reasonable manner;
2.6 We reserve the right to immediately delete or suspend any user accounts at our discretion;
2.7 We may remove any content or block any user from their account for any reason at our sole discretion.
2.8 We will have no obligation to provide a refund of any paid fees if an account is blocked or otherwise amended.
2.9 We do not and cannot review all information provided by users. As such, we cannot be responsible or liable for any information not directly provided by us in connection with the Services.
2.10 When using the Services you are responsible for online security and protecting your equipment (computer, devices, etc.) from any harm resulting from such use.
3.1 We want to provide you with the best Services we can offer, as such we confirm:
4.1 By registering an account to use the Services you agree to the following:
5.1 You agree to never use the Services in a way that is or may be detrimental to us, yourself or others. This includes but is not limited to:
5.2 You agree not to use the Services in any way that may violate any laws, statutes, or regulations you may be subject to, including the Privacy Act 2020.
6.1 If you are an Account Organiser, you are responsible for all payments in relation to provision and use of the Services.
6.2 You agree to make all payments as and when required according to your payment terms.
6.3 If you fail to make payment as required, your account may be suspended (in the first instance) or deleted (in the case of any further instances) at our discretion.
6.4 We cannot not be held liable for any loss or damage due to failure to comply with these terms and conditions.
7.1 Account Users are entitled to use the Services for free.
7.2 Account Organisers are obliged to pay the fees relating to the Services being provided as agreed.
7.3 Our fees are subject to change without notice.
7.4 Saved Cards and Payment Intent - If you allow us to save a credit card with the intention of future billing, you grant us permission to initiate a payment or series of payments on your behalf on a regular basis based on the agreed plan/charges schedule.
8.1 All fees are non-refundable.
8.2 Requests for refunds in extraordinary circumstances may be made but acceptance will be entirely at our discretion.
8.3 If you request a refund and we deem it to be acceptable, it will be provided less any processing or administrative costs that have been incurred, including (but not limited to) credit card processing fees, Apple/Play Store fees etc.
All prices appearing on our website include applicable taxes, such as goods and services tax (GST). You will be responsible for any such taxes or similar costs that may apply.
10.1 We will make the best possible efforts to ensure the availability of the Services. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the Services being unavailable for any reason.
10.2 We assume no responsibility for any corruption of any data or information held by us and do not warrant that the Services will be uninterrupted or error-free, or that the Services will be free from viruses or other harmful content.
11.1 We cannot be held liable for any loss, indirect loss, damage, resulting from use of the services.
11.2 We are not liable for the sourcing or supply of any payments, products or services that have not been directly offered to you by us.
11.3 We are not liable for any unfair practices, false statements or misrepresentations made by users or a third party in relation to the services.
11.4 We are not liable for any comments, posts, messages or other communications made by a user.
11.5 Our maximum liability for any claim associated with your use of the services, whether under contract, at law, in equity or otherwise for any loss or damage, is an amount equal to the total fees paid by you.
12.1 WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY YOU, OR IF NOT APPLICABLE THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
12.2 YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR CLAIMS OR OFFERS MADE BY THIRD PARTIES IN RELATION TO OUR SERVICES OR THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF A THIRD PARTY TO PROVIDE GOODS OR SERVICES OR THE FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
12.3 WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD-PARTY PAYMENT PROCESSORS.
12.4 WE ARE NOT LIABLE FOR ANY FAILURE OF THE SERVICES OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
12.5 THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
You agree to defend, indemnify and hold harmless us, our employees, and agents from and against any and all claims and expenses, including legal/attorney fees, costs, and disbursements, arising out of your use of the services, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
14.1 Electronic communications may be sent to you by us to inform you of a variety of matters, including the state of your account. You agree to allow us to send these communications to your email address. You also agree that we are not liable for any user generated content (content created by other users which could include words, images videos etc) that is sent to you as a part of these communications.
14.2 You agree that you are liable for any unlawful communications you send to others in connection with our services.
15.1 We take your right to privacy seriously. We may collect personal information about you through your use of the Services, including your personal registration details and information on how you use the Services and the content you access. You agree that we may use this information to assist us to provide the Services to you and for internal research purposes, to verify your identity, for promoting and marketing other products and services to you, and for any other use that you authorise.
15.2 We may provide your Associated Users with information you have agreed to share to enable us to facilitate the provision of Services to you.
15.3 We will not otherwise sell or allow third parties to access your personal information without your consent, however you agree that we may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are acting inappropriately or are in breach of the law, third party rights, or these terms.
15.4 You have the right to access and update your personal information at any time. You can contact us at info@timble.co.nz to advise of any changes or to inform us of any privacy related concerns you wish to raise.
15.5 We reserve the right to review, amend, update and change this Privacy provision from time to time to reflect our obligations under the Privacy Act 2020 or any other current legislation and regulations.
16.1 We claim copyright and moral rights in relation to all content related to our Services. Any unauthorised use, copying or distribution will not be permitted.
16.2 All trademarks and other proprietary intellectual property rights are owned by us.
16.3 You have no intellectual property rights in or to the Services or any content, other than the right to use them in accordance with these terms and conditions.
16.4 Any copying, provision of access or transfer of our content to any other person shall constitute an infringement of applicable intellectual property rights and a breach of these terms and conditions. In the event of an infringement we have the right to immediately delete your account and we may pursue any rights or remedies available to us.
16.5 Our trade and service marks and logos (whether registered or not) are our property and may not be used without consent.
These Terms and Conditions and our provision of services to you shall be governed by the laws of New Zealand.
18.1 Any dispute arising from or relating to these Terms and Conditions or our provision of Services to you will be raised with us directly in the first instance. We will endeavour to resolve your dispute in accordance with these terms and conditions.
18.2 If a direct resolution cannot be achieved, you agree to the matter being referred to mediation. A New Zealand-based mediator will be agreed to by the parties, or of agreement cannot be reached will be appointed by the President of the New Zealand Law Society.
18.3 If the matter is not resolved at mediation, it must be resolved in a court of competent jurisdiction in New Zealand.
18.4 If you fail to bring a dispute in compliance with this provision, we may seek to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable legal fees, costs, and disbursements involved in making such a motion.
18.5 Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable legal costs, and disbursements.
19.1 In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.
19.2 If two or more provisions are deemed to conflict with each other's operation, we shall have the sole right to elect which provision remains in force.
We may amend our services and/or these terms and conditions from time to time. When we amend these terms and conditions we will update this page. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Services. You agree to regularly visit this page and read and accept it if the date it was last modified is more recent than the last time you agreed to the Agreement.
(Last updated on 17 Feb 2023)
