Transit Treasure Terms and Conditions - Effective April 1, 2011
The Transit Treasure program is operated by Transit Treasure, Inc. ("TT"). When you enroll in TT as a Collector of Transit Miles, we license you to collect Transit Miles by dealing with participating merchant partners and to redeem the Transit Miles in your account for pound sterling ("Rewards").
TT maintains the www.transittreasure.com web site (the "Site") for the purpose of informing TT members, potential members, and other interested parties about the TT program and the services that are available as a benefit to T membership and also to provide members a place to interact with the TT program.
PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY. THESE TERMS AND CONIDTIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS STIE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
Participation in TT
Enrollment, membership and all related benefits of TT are offered at our discretion. By enrolling in TT or collecting Transit Miles, you agree that you have read and understand these Terms and Conditions and are bound by all of them, as changed from time to time, and you consent to our collection and use of your personal information in accordance with our Privacy Policy. To enroll, you must have a valid email address and be of at least eighteen years old. If we accept your application for enrollment, we will establish an online account in your name. You may only collect Transit Miles in one account. All Transit Miles collected by additional collectors with your account number will be recorded in your account. Notify us immediately if your registered Bank Card is lost or stolen. In case of divorce or relationship breakdown, death, duplication error, or with our authorization, you may with our prior consent and upon proper proof, merge your account with the account of a family member or member of your household. When merging accounts, allow sufficient additional time for processing rewards. TT, including all Transit Miles, and all rights relating to them, are and will remain our property. You may not sell, exchange, give, charge or otherwise dispose of any Transit Miles. You are responsible for all taxes payable due to your participation in TT, collecting and redeeming Transit Miles and obtaining rewards, if applicable.
Collection of Transit Miles
You must report to TT your use of public transportation in an amount greater than twenty trips each month to earn your Transit Miles that month. To claim those Transit Miles you must spend at least $30 with any TT merchant partner in the subsequent month. When making purchases with "in-store" TT merchant partners, you must use your registered bank card to earn Transit Miles. When spending with merchant partners, we will credit your account with only Transit Miles earned by those merchant partners in good standing with us. We rely on you, the TT member, to provide accurate and honest transit ridership data and multiple third-parties to provide us with the details of your transactions with our merchant partners and are not responsible for any delays in the transfer of the data from them to us. We may refuse to record or honor Transit Miles in your account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded Transit Miles if transit transactions appear to be manipulated to artificially earn Transit Miles, or, if the issuing merchant partner does not pay amounts owing to us or tells us to cancel the Transit Miles (for example, because you returned or didn't pay for products or services for which the Transit Miles were issued). Merchant partners will determine the conditions under which they will permit you to obtain Transit Miles and may change those conditions at any time and without notice. Neither we nor any merchant partner is responsible for any offer of Transit Miles which is no longer in effect. If you believe that any account summary showing the number of Transit Miles in your account is in error, you must tell us within 60 days of the summary date or it will be deemed correct, except for excess Transit Miles improperly noted on it. We may require you to submit documentation to support your claim. Your Transit Miles will have no expiration date, however, TT reserves the right to close any account on which no Transit Miles have been earned or redeemed for a continuous period of at least twelve months.
Use of Cookies
When you make a purchase with participating merchant partners through www.transittreasure.com, a cookie is placed on your computer by the companies who assist us with the administration of the TT program. This cookie enables TT to track any purchases you make with participating merchant partners and issue you Transit Miles that you have earned. If you do not have such cookies enabled on your computer you will not be able to earn Transit Miles for your shopping with our online merchant partners.
Committed to Your Privacy
We are committed to protecting your privacy. We collect and use your personal information to: (i) administer TT, including the management of member accounts, to accurately record and update Transit Mile balances; (ii) process member redemptions, including the issuance of rewards; (iii) communicate information and offers to members, merchant partners and third-parties; (iv) understand and analyze members' responses, needs and preferences; (v) develop, enhance, market and/or provide products and services to meet those needs; and (vi) enable members to participate in promotions and contests. Members' personal information is considered a TT asset; if our business is transferred to a new owner, member personal information will be given to and considered an asset of the new owner. Please refer to our Privacy Policy for more details.
Redemption of Transit Miles
You must use the www.transittreasure.com internet website to redeem Transit Miles for Rewards. A password is required in order to access your account information and to redeem Transit Miles. Anyone who knows your email address and password will have full access to your account, and may change the personal information associated with your account and redeem accumulated Transit Miles. You are responsible for maintaining the secrecy of your password, for all activities that occur using your password and for notifying us of any unauthorized use of your password. We are not responsible or liable in any way for any loss arising from your failure to comply with these provisions. Account balances and Transit Mile amounts required to obtain a particular reward are subject to verification by TT. You are responsible for and must pay all administration charges, taxes and service fees or charges that may be imposed or collected with respect to rewards requested by you or through your account. Once rewards have been issued or shipped, no changes or refunds whatsoever are permitted, even if the reward is lost, stolen or destroyed. All rewards are subject to availability and restrictions imposed by suppliers. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any reward, or for your rewards not turning out as you expected for whatever reason.
Trademarks, Copyrights and Restrictions
www.transittreasure.com, and materials on the site, including, but not limited to, images, illustrations, posts, audio clips, and video clips are the property of TT and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by TT under copyright law, trademark law, international conventions and other intellectual property laws. All other logos or product names are trademarks or registered trademarks of their respective owners. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever anything from www.transittreasure.com, any TT bulletin board or blog, or any other web site owned or operated by TT without the prior written permission of TT.
Limitations
You must comply with all applicable laws when using www.transittreasure.com. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) use any automated tool to access, use, or collect information from the site (including, without limitation, robots, spiders, or scripts); (b) use the site in a manner that threatens the integrity, performance, or availability of the site or interferes with any other party's use or enjoyment of the site; or (c) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the site (including, without limitation, by framing or pop-ups). In addition, you may not use any meta tags or any other "hidden text" using TT's name or other trademark or service mark, nor any TT logo or other proprietary graphic or service mark as part of a link, without the express written consent of TT. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the site, use of the site, or access to the site.
Business Relationships
TT has numerous business relationships to enable the TT program and its associated services. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships. Any business described as a merchant partner does indicate a precise legal relationship - a merchant partner is a business with which we are formally contracted or with whom we have an affiliate relationship brokered through a third-party affiliate marketing service.
Links to Third-Party Web Sites
TT is not responsible for the content of any site that may be linked to or from www.www.transittreasure.com, or any bulletin board associated with TT. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this site is independent from TT, and TT has no control over the content of that other web site. In addition, a link to any other web site does not imply that TT endorses or accepts any responsibility for the content or use of such other web sites.
No Implied Endorsements
In no event shall any advertising that may appear on the site or other reference to any merchant partner, third party or third party product or service be construed as an approval, guarantee or endorsement by TT of that merchant partner, third party or of any product or service provided by a merchant partner or third party.
Disclaimers and Indemnity
There may be delays, omissions, or inaccuracies in information contained on www.transittreasure.com. The information on this site is provided with the understanding that TT and various authors and publishers' providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute or consultation with professional advisors.
TT's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.
By using or accessing the site, you agree to indemnify TT, its officers, directors, employees, successors, agents, and affiliates for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in TT's defense and/or settlement of any claim. TT reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
www.transittreasure.com may contain facts, views, opinions, statements, and recommendations of third-party individuals and organizations. TT does not represent or endorse the accuracy, current-ness, or reliability of any advice, opinion, statement, recommendations, or other information displayed, uploaded, or distributed throughout the website. You acknowledge that any reliance on any such opinion, statement, recommendations, or information will be at your sole risk. Furthermore, TT does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products or services offered or provided by its allies or suppliers in conjunction with TT.
The information on the site is provided on an "as-is" basis and without express or implied warranties of any kind, including but not limited to, warranties of title, implied warranties of merchantability, and fitness for a particular purpose or non-infringement. TT makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the site and does not warrant that the functionality contained on the site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.
Where applicable law does not allow the exclusions of implied warranties, the foregoing exclusions may not apply to you.
Exclusion of Damages
Neither TT, not its officers, directors, employees, agents, successors, or affiliates are responsible or liable for any special, incidental, consequential, punitive or other indirect damages or for loss of profits, loss of data or loss of use damages, that result from the use of, or the inability to use, this Site or the information contained on this website, even if TT has been advised of the possibility of such damages.
Limitation of Liability
In no event will TT's total liability to you from all damages, losses, and causes of action resulting from your use of www.transittreasure.com or participation in TT, whether in contract, tort, (including but not limited to negligence), strict liability or otherwise, exceed $500.
Jurisdiction, Venue and Arbitration
TT operates the TT program from its offices within the United States. Those who choose to www.transittreasure.com from outside the United States 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 is governed by the laws of the State of Delaware, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You consent to the exclusive jurisdiction of the state and federal courts located in Delaware. Any controversy or claim arising out of or relating to TT or this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Delaware law. Notwithstanding the foregoing, TT may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
Comments, Complaints and Questions
We welcome your feedback about TT and www.transittreasure.com. However, any comments, ideas, notes, messages, suggestions or other communications sent to the site shall be and remain the exclusive property of TT, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.