TOM Cards
Terms of Use
Effective: 2 September 2024
The purchase and/or use of your TOM Card constitutes acceptance of the following terms (the “Terms of Use” or “Agreement”), which is a legally binding agreement that governs your use of the TOM Card.
General Terms
MC Mercados da Capital LDA, with its registered office at Rua D. Luís I, 19, 2ºdto, 1200-149 Lisboa (“TOM” or “we” or “us” or “our”) issues the TOM Card to you in any amount you decide to load as a way to make it easier for you to shop with us when you only have cash to pay at the Time Out Market Lisbon (the “Time Out Market”). You will not need a TOM Card if you prefer to use your credit card or debit card.
TOM Cards may be used only at the authorized concessionaires at Time Out Market where you bought the TOM Card (the “Participating Concessionaires”). Time Out Markets in other locales besides the Time Out Market where you bought the TOM Card or other Time Out Market-branded places will not accept your TOM Card for payment. The value that you load onto your TOM Card is a prepayment that gives you access to purchase goods and services at the Participating Concessionaires. Present your TOM Card to the cashier at the Participating Concessionaires at the time of purchase and the card’s available balance will be applied toward your authorized purchase and reduced accordingly.
TOM Cards cannot be redeemed for cash. Time Out Market is not responsible for lost or stolen cards or any unauthorized card use. No refunds will be provided on any lost or stolen TOM Card.
We reserve the right to modify or terminate this Terms of Use at any time.
Purchasing and Loading Value onto your TOM Card
You can purchase and load value onto your TOM Card only from us by visiting Time Out Market.
Fees
No fees will be charged for activation, service, or inactivity in connection with your TOM Card.
Validity
Your TOM Card is valid for one (1) year from the date you first loaded value onto it (the “Validity Period”).
Unused Balance
Any unused balance on your TOM Card will not be refunded; it should be spent on the purchase of goods and services at the Participating Concessionaires within the Validity Period. The amount on the TOM Card may be combined with other payment methods allowed in the Time Out Market to make up the full cost of the purchase.
Limitations on the TOM Card
TOM Cards may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
If you wish to purchase more than 10 cards, please email infolisboa@timeoutmarket.com indicating the number of TOM Cards, amounts to load on each and the date of your visit to the Time Out Market and one of our representatives will contact you.
Unlawful Activity with your TOM Card
We reserve the right to not accept or to limit the use of a particular card if we suspect that it is being used in an unauthorised, fraudulent or illegal manner, so as to limit its risk. We will only assure the amount loaded onto the TOM Card if it is bought directly from the Time Out Market. If we discover any TOM Card or the balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all the impacted TOM Cards and retain such balances without notice to you.
If we reasonably believe that the use of any TOM Card or TOM Card balance is unauthorized, fraudulent or otherwise unlawful, we reserve the right not to accept or limit the use of such TOM Card or TOM Card balance in case we consider such action appropriate to limit our risk. The only way for Time Out Market to guarantee how much euro value has a particular TOM Card is if you purchase such TOM Card directly from us and do not share or compromise your TOM Card. Consequently, we have no liability to you for any third-party fraud or unlawful activity associated with any TOM Card balance. If Time Out Market discovers any TOM Card or TOM Card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted TOM Cards and retain all related TOM Card balances without notice to you. We may use retained TOM Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load TOM Cards.
Not Intended for Use by Minors
TOM Card is not made available, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use TOM Card under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Disclaimer of Warranty
Except as is expressly provided otherwise in this Agreement, your TOM Card, as well as all other products or services deemed to be delivered under the terms of this Agreement shall be provided on “as is” basis, without warranty, representation or condition of any kind, and the entire risk as to the results and performance of your TOM Card is assumed by you. TOM and its Affiliates expressly disclaim any warranties that access to, or use of their service shall be uninterrupted or error-free. TOM does not represent or warrant that your TOM Card shall always be accessible or accepted.
To the maximum extent permitted by law, you agree to limit any claims for damages against us to monetary relief for the actual damages sustained by you as a direct result of any proven failure imputable to us, provided that such damages shall not exceed the last balance held on your TOM Card at the time the imputed event occurred. This limitation and waiver will apply to the maximum extent permitted by law regardless of the theory of liability. That means you will not try to get any indirect, special, consequential, treble or punitive damages from us, exceeding the above limitation. That means you will not try to get any indirect, special, consequential, treble or punitive damages from us, exceeding the above limitation.
The limitations set forth in this section will apply to the maximum extent permitted by applicable law, rule and regulation, notwithstanding the failure of the essential purpose of any limited remedies set forth in this agreement. You acknowledge and agree that you have fully considered the foregoing allocation of risk and find it reasonable, and that the limitations set forth in this section are an essential basis of the bargain between you and timeout market for the provision of services through the TOM Card.
You acknowledge that by using your TOM Card you have no greater risk of loss than if you paid us directly.
Assignment
We may assign this Agreement in whole or in part without your consent, but you may not assign this Agreement in whole or in part without our prior written consent. This Agreement will bind and inure to the benefit of the respective successors and permitted assigns of TOM.
Entire Agreement, Severability and Construction
This Agreement completely and exclusively states the agreement between you and us in respect of the TOM Card. This Agreement supersedes and replaces all prior or contemporaneous understandings, representations, agreements or other communications between you and us, whether oral or written in respect of the TOM Card. In the event any of the provisions of this Agreement is held to be unlawful, invalid or unenforceable, in whole or in part, such provision shall to that extent be served from this Agreement as far as possible without affecting the legality, validity or enforceability of the remainder of this Agreement. The headings and captions of this Agreement are inserted only for convenience and identification and are in no way intended to define, limit or expand the scope and/or intent of this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Portugal and are subject to the jurisdiction of the courts in Lisboa.