DATE: 7th June 2022
PLEASE READ THESE TERMS CAREFULLY
BY DOWNLOADING AND USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD OR USE THE APP.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1. We, The Original Factory Shop Group Limited of The Factory Shop Ltd, Orient Business Park, Billington Road, Burnley, East Lancashire, BB11 5UB ("We", "TOFS" or "Us"), license you to use:
(a) The TOFS Club+ loyalty programme mobile application software, the data supplied with the software, and any updates or supplements to it ("App").
(b) The related online documentation ("Documentation").
(c) The TOFS Club+ loyalty programme you connect to via the App (the "Programme").
as permitted in these Terms.
1.2. These Terms (together with any terms and/or policies referred to) set out the terms and conditions on which you can use our App to access the Programme.
2.1. We only use any personal data we collect through your use of the App and the Programme in the ways set out in our privacy policy notice https://www.tofs.com/pages/privacy-notice.
2.2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. ADDITIONAL TERMS FOR THE PROGRAMME
In addition to these Terms, our Programme shall be governed by The Club+ Terms and Conditions at https://www.tofs.com/pages/tofs-app-membership-terms .
4. OPERATING SYSTEM REQUIREMENTS
This App requires an Apple or Android device with the IOS 11 operating system and above, or the Android 6 operating system and above.
5. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
5.1. If you want to learn more about the App or have any problems using it please take a look at our frequently asked questions at https://www.tofs.com/a/faq.
5.2. If you wish to contact us in relation to the App, please email our customer service team at appsupport@tofs.com or contact us.
5.3. If we have to contact you, we will do so via notifications in the App, or by email using the contact details you have provided to us.
In return for your agreeing to comply with these Terms, you may download or stream a copy of the App onto your personal devices and view, use and display the App and the Programme on such devices for your personal purposes only. You may also use any Documentation to support your permitted use of the App and the Programme.
7. YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these Terms and download the App.
8. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Programme as set out above at paragraph 6. You may not otherwise transfer the App or the Programme 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.
We may need to change these Terms from time to time. Each time you wish to use the App, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 09/06/2022.
10. UPDATE TO THE APP AND CHANGES TO THE PROGRAMME
10.1. From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system, address security issues, reflect changes to the Programme and/or our products, reflect changes to our users' needs or reflect changes to our business priorities. Alternatively we may ask you to update the App for these reasons.
10.2. 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.
11. WE MAY SUSPEND OR WITHDRAW THE APP
11.1. Our App is made available free of charge.
11.2. We do not guarantee that our App will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for technical, business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
12. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
12.1. If you choose, or you are provided with, a user identification code, password, biometric security systems such as face or fingerprint ID on a smartphone or device, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
12.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
12.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at appsupport@tofs.com or https://www.tofs.com/pages/contact-us.
13. IF SOMEONE ELSE OWNS THE PHONE OR 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.
14. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, 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 Programme to you.
15. WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
15.1. The App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use the App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
15.2. You may stop us collecting such data at any time by turning off the location services settings on your device.
16. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
16.1. The App 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).
16.2. 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.
You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Programme in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the App, Documentation or Programme, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Programme 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 Programme on devices as permitted in these Terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Programme 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:
(i) is not disclosed or communicated without our 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
(ii) is not used to create any software that is substantially similar in its expression to the App;
(iii) is kept secure; and
(iv) is used only for the Permitted Objective;
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Programme.
18. ACCEPTABLE USE RESTRICTIONS
You must:
(a) not use the App or the Programme 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, the Programme or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Programme, including by the submission of any material (to the extent that such use is not licensed by these Terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Programme;
(d) not use the App or the Programme in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from the Programme or our systems or attempt to decipher any transmissions to or from the servers running the Programme.
19. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Programme throughout the world belong to us (or our licensors) and the rights in the App and the Programme are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Programme other than the right to use them in accordance with these Terms.
20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
20.1. 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.
20.2. Please note that we only provide our App for domestic and private use. You agree not to use our App, or the Programme, for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of opportunity.
20.3. Although we make reasonable efforts to update the information provided by the App and the Programme, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
20.4. 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 Programme.
20.5. 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. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
20.6. We are not responsible for events outside our control. If our provision of the Programme or support for the App or the Programme 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.
21. WHAT HAPPENS IF YOU BREAK THESE TERMS
21.1. We may end your rights to use the App and/or Programme 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.
21.2. If we end your rights to use the App and/or the Programme:
(a) You must stop all activities authorised by these Terms, including your use of the App.
(b) 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.
(c) We may remotely access your devices and remove the App from them and cease providing you with access to the Programme.
22. OTHER IMPORTANT TERMS
22.1. 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 these Terms.
22.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
22.4. 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.
22.5. Even if we delay in enforcing these Terms, 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 these Terms, 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.
22.6. These Terms are governed by English law and you can bring legal proceedings in respect of the products 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.