E-TIMES PRIVILEGE CARD TERMS OF USE

 

The following sets out the terms and conditions on which Times Publishing Limited and/or its subsidiaries (collectively referred to as the "TPL Group", and collectively and individually referred to as "we", "us" or "our" as the context permits) offer you access to, use of, and membership to, the e-Times Privilege Card (“e-Times Privilege Card” or “Privilege App”), a mobile application-based electronic card that offers membership privileges at Times Bookstores (defined below), www.goguru.com.sg (“GoGuru”) and participating merchants selected by us from time to time.

By registering for Membership (defined below), and/or by downloading, accessing and/or using the Service (defined below, and includes the Privilege App), you are deemed to have read, understood and agreed to be bound by: 

(i) these e-Times Privilege Card Terms of Use (“Card Terms”); 

(ii) the consent(s) given by you and the terms stipulated on your Membership Application Form (defined below); 

(iii) our Group Terms of Use at http://www.fraserandneave.com/terms-of-use (“Group Terms”); and (iv) our Group Privacy Policy at http://www.fraserandneave.com/privacy-policy (“Group Privacy Policy”), all of which together constitute the entire agreement (the “Agreement”) between us in relation to your access to and use of the Service.

If you do not agree to be legally bound by the Agreement, you are not permitted to access or use the Service, or any part thereof. If you have already downloaded the Privilege App and do not completely agree with the Agreement (or any of its revisions), you must immediately delete the Privilege App from any device owned or controlled by you (the “Device”).

1. General

1.1 Interpretation: Unless otherwise defined herein, capitalised terms used in the Agreement shall be as defined in the Group Terms and/or Group Privacy Policy, as applicable:

Member” means a person whose application for Membership has been accepted by us. 

Membership” means membership under the e-Times Privilege Card and/or Plastic Card, as applicable. 

Membership Application Form” means the online or hard copy membership application form which you submitted when applying for Membership. 

Membership Fees” means the annual fees payable in respect of your Membership, as stipulated on your Membership Application Form. 

Plastic Card” means the physical, plastic Times Privilege Card, issued by Times the Bookshop Pte Ltd or Times Publishing Ltd. 

Privilege App” is as defined above and includes the content and services made available on or through the Privilege App, and any and all updates, upgrades, supplements and releases thereto as may be provided by us from time to time. 

Service” means the Privilege App and Site, and all features, services and applications offered by us in relation thereto. 

Site” means the websites or webpages hosting or relating to the e-Times Privilege Card as may be owned or operated by us from time to time, including the webpage through which you can submit an online Membership Application Form. 

Times Bookstore” means any Times Bookstore in Singapore and/or Malaysia.

1.2 If you accessed or downloaded the Privilege App from any app store or distribution platform (such as the App Store and/or Google Play), then you acknowledge and agree that you must also comply with applicable terms and conditions imposed by such third party providers.


2. e-Times Privilege Card Membership 

2.1 In order to access and use the Privilege App, and enjoy Membership Privileges under the e-Times Privilege Card, you will have to be registered as a Member.  You may sign up for Membership under the e-Times Privilege Card by completing and submitting to us: 

(a) an online membership application form at a Times Bookstore; or 

(b) an online membership application form on GoGuru, 

and by making payment of the applicable Membership Fees in accordance with our instructions. You agree that no refund of the Membership Fees will be given to you under any circumstances.  If you fail to renew your Membership upon its expiry, you will be considered a new Member in your subsequent application for Membership.  All applications for Membership are subject to acceptance by us at our sole discretion.  

2.2 You represent that all the information you provide to us is true, accurate, current and complete, and that you will keep your Membership information up-to-date at all times.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that this is the case, we have the right to suspend or terminate your Membership.  

2.3 Membership privileges (“Membership Privileges”) are set out in https://www.goguru.com.sg/timesprivilege, and include such other privileges, programmes, promotions, offers, vouchers, coupons and/or discounts as we may offer from time to time (“Member Promotions”).  Membership Privileges are not valid in conjunction with other non-Member promotions, offers, vouchers, coupons and/or discounts, and are mutually exclusive.  Discounts pursuant to Membership Privileges shall not apply to price-controlled items (yellow-tagged), items marked "NETT", discounted items, gift vouchers, and Membership Fees.  Member Promotions shall be valid only during the validity period specified by us. 

2.4 Membership Privileges may be subject to additional terms and conditions (including terms and conditions stipulated by participating merchants).   We reserve the right to discontinue, withdraw or amend the terms and conditions of, any Membership Privilege at any time without prior notice to you, in the exercise of our sole discretion.   

2.5 In order for your purchase to qualify for Membership discounts, you must scan or present the Privilege App (with your Membership details) prior to payment, or ensure that the details of your Membership are entered or scanned correctly prior to online checkout, in accordance with our instructions.  Your Membership is not transferable and we reserve the right to verify the identity of the cardholder from time to time. 

2.6 Our decision on all matters relating to your Membership and Membership Privileges is final and binding.


3. Eligibility 

3.1 You confirm that if you are below 18 years of age, that you have the full consent of your parent or guardian to become a Member, to use and access the Service, and to enter into the terms and conditions in this Agreement.  

3.2 If you are the parent or legal guardian of a child under the age of 18, you are agreeing to the Agreement on behalf of yourself and your child(ren) who is/are Member/s pursuant to the Agreement.


4. Privilege App Registration 

4.1 You will need a Times Connect Account in order to access and use the Privilege App. When you register for an account on the Privilege App, you will be directed to register for a Times Connect Account. Times Connect is a single-sign-on service made available by us which enables you to access a variety of websites, webpages, platforms and/or online services owned and operated by us with a single set of login credentials created by you. If you are an existing registered user of any of these online services, you would already have a Times Connect Account and do not need to create a new one. Use of a Times Connect Account is governed by, and you agree to comply with, the Times Connect Terms of Service at https://connect.tpl.com.sg/term

4.2 If you are an existing Member under a valid Plastic Card, you may sync your Plastic Card with the Privilege App by scanning the barcode of your Plastic Card into your Privilege App.  You agree that by doing so: 

(a) you are linking your Plastic Card with the Privilege App and not creating a new Membership account or renewing your Membership, and that the terms of your existing Membership (including its period of validity) still apply save that where there is any conflict or inconsistency between such terms and the terms of this Agreement, the terms of this Agreement will prevail; and 

(b) you are authorising and consenting to the transfer of all information relating to your Membership and Plastic Card (including your personal information and Membership account information) to the Privilege App and to us, and to the storage and processing of such information by us in accordance with the Agreement. 

4.3 We reserve the right, in the exercise of our sole discretion, to refuse to offer access to or use of the Service (including the Privilege App) to any person or entity, refuse any Membership application, to suspend or terminate any Membership account and/or to change the eligibility criteria for registration at any time, for any reason and without notice to you. 


5. Maintenance, Patches and Updates 

5.1 We may deploy or provide patches, updates and modifications to the Privilege App that must be installed for you to continue to use the Privilege App. Depending on the update, you may not be able to use the Privilege App until you have downloaded such updates or the latest version of the Privilege App and accepted any new or additional terms.  Alternatively, we may update the Privilege App remotely including such part thereof as may be residing on your Device, without your knowledge, and you hereby grant us your consent to deploy and apply such patches, updates and modifications.   

5.2 You acknowledge and agree that we may need to interrupt or suspend your access to the Service from time to time, for maintenance, technical or other reasons. 


6. Limited Licence 

6.1 Subject to your agreement to and continuing compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and install a copy of the Privilege App on any compatible Device and to run such copy of the Privilege App solely for your own personal use. You may not use the Privilege App for any other purpose, or in connection with any other software. 

6.2 You may not: 

(a) copy, modify, or create derivative works based on, the Privilege App; 

(b) distribute, transfer, sublicense, lease, lend, or rent the Privilege App to any third party; 

(c) reverse engineer, decompile, or disassemble the Privilege App; 

(d) make the functionality of the Privilege App available to multiple users through any means; and/or 

(e) use scripts to automatically mass download any content from the Service, or engage in or allow the automatic gathering of information or the automatic extraction of data from the Service (including “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses). 

You acknowledge that rights in the Privilege App are licensed (not sold) to you, and that you have no rights in or to the Privilege App other than the right to use it in accordance with the terms set out in the Agreement. You acknowledge that you have no right to have access to the Privilege App or any part thereof in source-code form.


7. Limitation of Liability

In the event that we are liable for damages despite the provisions in the Group Terms of Use (including the provisions under the heading “Limitation of Liability”), and without prejudice to the terms thereof, you agree that our liability to you, if any (arising from or in connection with the Service) under any and all causes of action, shall not exceed in the aggregate the Membership Fees paid by you for the Membership period during which such claim arose. 


8. Collection, Use and Disclosure of Information 

8.1 When you use our Service (including in this regard, installing the Privilege App), we may collect, use and disclose the information you provide us, or which we obtain from your use of the Service, in accordance with the terms of the Group Privacy Policy.  Without prejudice to the generality of the provisions in the Group Privacy Policy, such information may include: 

(a) personal data including your name, profile picture, and email address; 

(b) information that you provide in your Membership Application Form; 

(c) your purchase history, including purchase dates, products purchased and purchase amounts; 

(d) non-personal data including information about the hardware you may own, your favourite websites, friend information (such as friends of yours that are also connected to our Service), your physical location and that of your Device; 

(e) aggregate information including internet protocol addresses, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity; 

(f) information on your activities on the Service; and/or 

(g) identification information about your Device, IP address(es) and operating system(s),

and the purposes for which such information is collected, used and disclosed include: 

(i) improving the Service; 

(ii) processing your payment instructions; 

(iii) policing and enforcing the provisions of the Agreement; 

(iv) sending you information, promotions and updates including advertising and marketing materials for our products and services and those of third parties selected by us; 

(v) sending you marketing messages in various modes including by electronic mail, electronic direct mail, direct mailers, short message service, telephone calls, facsimile and other mobile messaging services; 

(vi) comparing it with information from other sources; 

(vii) monitoring third party programs running concurrently with the Privilege App, in order to detect the use of unauthorised third party programs; and/or 

(viii) where we believe that doing so is necessary for protecting your safety or the safety of others. 

8.2 Third party applications, software, social networks and services (“Third Party Services”) may be used in conjunction with or accessed in the course of the use or provision of the Service. Information may be collected from you through or provided to us by such Third Party Services, and you consent to the collection, use and disclosure of such information in accordance with the relevant Third Party Service’s terms and policies, including in the manner set out below: 

(a) Google 

The Service uses Google Maps, Google Analytics and other services operated by Google in the operation thereof. You agree that your data (which may include Personal Data) may be disclosed to Google in order to enable Google to provide the services necessary to support the Service and allow it to work as we intend. Additionally, Google may use the data collected from you to contextualize and personalize the ads of its own advertising network.  For information on how Google collects and use your information, please refer to their Privacy Policy at http://www.google.com/privacypolicy.html

We use Google Maps to collect, use, share and track your location data or geographic position in order to provide location-based services to our users. Consequently, your location may be visible and/or disclosed to Google and/or our third party service providers. 

We use Google Analytics, a web analysis service provided by Google, to collect information about use of the Service, such as how often users visit the Service, what pages they visit when they do so, and what other sites they used prior to coming to the Service.  Google utilizes the data collected to track and examine the use of the Service, to prepare reports on the activities thereon and to share them with other Google services.  For more information on Google Analytics, please visit Google Analytics  at http://www.google.com/analytics/

(b) MailChimp 

MailChimp is an email address management and message sending service provided by MailChimp Inc.  We use MailChimp to send newsletters and to help us monitor, manage and improve our newsletter and other email lists. MailChimp’s analytics may gather data and statistics relating to our newsletter service, including data concerning the date and time when the mail is viewed by the user, as well as when the user interacts with incoming mail, such as by clicking on links included in the email. For more information on MailChimp, please refer to their Privacy Policy at http://mailchimp.com/legal/privacy/

8.3 If your child is under the age of 13, you understand and agree that we may provide information submitted to us, or collected via the Service to third parties (including third-party security monitoring services, web-hosting companies and payment processors) who use such information for the purpose of supporting our provision of the Service, and you consent on his/her behalf to our collection, use and disclosure of his/her personal information in accordance with the Agreement and our Group Privacy Policy. 

8.4 We may use third-party advertising companies to serve ads on the Service. We do not provide any personal information to third-party advertising companies on a non-aggregate basis. Our system and the third-party advertising technology may use aggregate information, non-personal information, our cookies on your hard drive and your use of the Service to target advertisements. In addition, advertisers may use other third-party advertising technology to target advertising on other sites. If advertisements are served to you, a unique third-party cookie or cookies may be placed on your computer. Similarly, third-party advertising companies may provide us with pixel tags (also called “clear gifs” or “beacons”) to help manage and optimise online advertising. Beacons enable us to recognise a browser’s cookie when a browser visits the site on which is beacon is located, and to learn which banner ads bring users to a given site. 

8.5 For more information on the collection, use and disclosure of your information, please refer to the Group Privacy Policy, which is hereby incorporated into the Agreement in its entirety, save that any requests and queries relating to Personal Data given in connection with the use of the Service, shall be addressed and directed to TPL Group’s Data Protection Officer at dpo@tpl.com.    


9. Termination 

9.1 The Agreement is effective until terminated. You may terminate your Membership at any time by contacting our customer support at customerservice@goguru.com.sg

9.2 We may cancel, suspend, or terminate your Membership, the Agreement and your access to and use of the Service, with or without notice for any reason, or for no reason.  Without limiting the foregoing, circumstances or factors which may result in such cancellation, suspension or termination include the following: 

(a) if you breach the Agreement or the terms of your Membership; 

(b) if we suspect fraud or misuse by you of the Service; 

(c) if we suspect any other unlawful activity associated with your Membership; 

(d) if we determine that we need to so act to protect our services, any of our users, or our reputation; and/or 

(e) you engage in inappropriate communications with a user. 

9.3 In the event of any termination of your Membership for any reason whatsoever, you shall not be entitled to any refund of any payments made by you.  The termination of your Membership shall also not affect any fees or charges already due to us from you. 

9.4 Upon termination of your Membership for any reason: 

(a) all rights granted to you hereunder shall terminate immediately and you will no longer be able to access the Service and to enjoy the Membership Privileges; and 

(b) we may (but are not obliged to) delete information, files, communications, messages, preferences and content stored on our servers which are associated with your Membership, which will result in the forfeiture of any coupons, vouchers, credits or anything that may be of value directly or indirectly (including virtual goods and currencies) associated with your Membership, if any, whether these were purchased or not.


10. Contact Us 

If you have any questions or comments about these Terms of Use, please contact us at customerservice@goguru.com.sg.


Effective date: 1 November 2016 

Last updated: 21 November 2016