Terms and conditions of JoTMBé Loyalty Program
1. Loyalty Program
The companies Transports de Barcelona, SA, Ferrocarril metropolità de Barcelona, SA and Projectes i serveis de mobilitat, SA (hereinafter, TMB) have created the Loyalty Program to offer users of the public transport service in the city of Barcelona and its metropolitan area a number of services and advantages, to improve their experience with TMB and discover and benefit from everything TMB offers and presents through this programme. Customers joining the Loyalty Program will enjoy economic/promotional and emotional benefits from TMB.
2. General information
These terms and conditions, combined with any specific conditions, terms or rules that may be established for any events, ceremonies or specific scenarios, in addition to communications and instructions from TMB, regulate relations between TMB and Loyalty Program members.
Users are required to accept the terms and conditions in full. If the user does not expressly accept these terms and conditions by clicking the button ‘I accept the terms and conditions’, they may not join the Loyalty Program.
Registration with the Loyalty Program is free.
3. Joining the Loyalty Program
Only previously registered JoTMBé members over the age of 18 may register in the Loyalty Program. To register, all you have to do is provide a first name, surname, identity card no., town/city, postcode, email address and password.
TMB reserves the right to establish the requirement for anybody who registers to subsequently validate their registration, for their inclusion in the Loyalty Program.
The username will always be the same as the email address provided. The password will be created by the user.
JoTMBé members will be solely liable for ensuring they keep their password secret. They are to refrain from sharing it with other people and should adopt all useful and necessary measures to keep it secret. Members are solely and exclusively liable for looking after their password, and for its use, authorised or otherwise, by third parties.
Members are aware that logging into the service using somebody else’s username or password, or obtaining, using or sharing personal data that belongs to other people may be considered illegal and possibly of a criminal nature.
4. Activities and services of the Loyalty Program
Members can benefit from the exclusive advantages and gifts offered in the Loyalty Program. To access these prizes and rewards (tickets for shows, transport tickets, etc.), users can earn points through simple actions such as setting up favourite lines, stops and bus and metro stations, activating service alerts, using TMB App and purchasing tickets for public transport around Barcelona from TMB App, among other interactions. Users can earn points and level up, thereby entitling them to better prizes and rewards.
Members can participate in the Loyalty Program via the website www.tmb.cat, the specific URL of each prize or reward, TMB app or any other means.
Any additional requirements for Loyalty Program members for each specific occasion, event, draw or promotion will be expressly set out when they register or apply for it. Members must also expressly accept the terms and conditions for each event or promotion.
TMB reserves the right to distribute entry tickets (for free or discounted) among members of the Loyalty Program, without the need to manage them through promotions or competitions.
The discount service, for entry tickets or other products or services, will be published and managed on the TMB website or via any other platform contracted by TMB at any given moment.
To improve relations with Loyalty Program members, TMB may also inform them, via email or TMB App, of TMB’s own or third-party products and services, which may be of interest to members during their journey or when they are in a particular place.
5. Liability
Members of the Loyalty Program are required to: (i) make appropriate, legal use of the services, products and advantages TMB offers and the content of this website and TMB app, and to refrain from using them for illegal activities, whether these be of a civil, administrative, criminal or any other nature; (ii) refrain from breaching the provisions of these terms and conditions, the legal notice and all other sections of the JoTMBé website and TMB app; (iii) follow instructions from TMB and the stipulations in its communications with members; (iv) refrain from breaking the law, particularly regarding intellectual and industrial property, data protection, honour, personal and family privacy, and image rights.
Members, with full exemption for TMB, will be liable for any loss and damage they may cause TMB and/or third parties directly or indirectly arising from their actions or omissions.
Consequently, Loyalty Program members agree to refrain from entering, transferring and disseminating content that includes, but is not limited to, the following:
- Content that is racist, xenophobic or pornographic, defends terrorism or attacks human rights.
- Content that encourage illegal, degrading, defamatory or violent acts, or that, generally speaking, are against the law, morality, good manners or public order.
- Information or content that infringe on fundamental rights and public freedoms recognised in the Spanish constitution or through international treaties or, simply, that create disturbance or are antisocial, including flaming, spamming, flooding, trolling and griefing, in accordance with how these terms are understood and habitually used on the Internet.
- Information provided to unauthorised third parties regarding usernames and passwords. If a password reaches another user, this user undertakes to notify TMB immediately.
- Information or content that involves breach of intellectual or industrial property rights (including, but not limited to, patents, trademarks and copyright), of any members of the TMB group or third parties.
- Unauthorised or unsolicited advertising, spam, chain emails, pyramid structures, etc.
- Computer programmes (viruses and malware) likely to cause damage in the computer systems of the access provider, its providers or third parties using the Internet.
- TMB may deregister any JoTMBé users who breach the terms and conditions applicable at any given time.
6. Adults
Only adults can join the Loyalty Program.
7. Disclaimer
TMB cannot control the use members and/or users make of the tmb.cat website and TMB app, or of their content. Consequently, it accepts no liability for any loss or damage that may arise from illegal, incorrect, inappropriate or partial use of the website or app, or from users’ breach of these terms of access and use, or for any other condition or instruction that may appear on this website, in the TMB App or any other medium, regarding any of its services, advantages, products, or other elements, notwithstanding any legal actions that may correspond to TMB and/or third parties.
TMB cannot guarantee permanent availability or continuity in the operation of the website and TMB app, or of any information, content, programs, materials or products included therein.
Consequently, TMB is exempt from any liabilities arising from loss or damage of any type that may arise from non-availability or discontinuity in the operation of the website or TMB App, the services they offer, or any use that Loyalty Program members and/or third parties may make of them.
Nevertheless, TMB will make every possible effort to ensure continual availability of the website and TMB app.
Furthermore, TMB accepts no liability for any errors or security failures that may arise as a result of the user employing an outdated or unsafe browser, or for the activation of devices to record the user's passwords or identification codes in the browser, or for any damage, errors or inaccuracies that may arise from misuse or malfunction.
The user accepts that TMB has developed the website and TMB App in good faith using information taken from internal and external sources, and they are offered in their current state to users, even though they may include inaccuracies or mistakes. Consequently, the user shall hold TMB harmless for any liabilities related to the trustworthiness or usefulness of, or any false expectations they may derive from, the website or app while browsing.
The user shall be solely liable for any type of loss or damage they cause to third parties. Furthermore, the user shall bear the cost, with full indemnity for TMB, of any expenses, costs and, where applicable, compensation that may be derived from court proceedings motivated by breach of the provisions of these terms and conditions and the applicable legislation.
Should discounted products or services be acquired through third-party platforms, TMB shall accept no liability for their functionality or any undertakings that the user may assume with regard to those platforms.
8. Force majeure
Force majeure means, but is not limited to: a) any event that cannot be foreseen or that, having been foreseen or being foreseeable, is unavoidable; b) errors when accessing the different pages on the TMB website or app; c) failure in the electricity supply or telephone line; d) damage caused by third parties or attacks on the website server (viruses) that affect the quality of the service and that are not attributable to TMB or the user; e) errors when transferring, disseminating, storing or delivering website products and content to third parties; f) problems or errors in receiving, obtaining or accessing with regard to these third parties; g) fires; h) floods and earthquakes; i) strikes, industrial conflict and other social disturbances that prevent supply of the products and, therefore, performance of the undertakings accepted by TMB; j) scarcity or lack of availability of fuel or electricity; k) accidents; l) military conflicts; m) commercial seizures or seizures of any other type; n) blockades; o) rioting; and p) any government provision.
9. Links
The website and TMB app include or may include links to other websites belonging to third party organisations; consequently, TMB shall accept no liability arising from their content, any products or services they may offer, or any possible viruses or malware they may contain.
Users are strictly prohibited from making any alterations that may affect content such as links or similar elements.
Links to this website or TMB App from websites or other media that contravene the law, morality or public order, or that attack the good name or image of any of the companies in the TMB group or any of their distinctive signs are also prohibited.
Any links to pages on this website or TMB app that do not contravene the prohibitions mentioned above are to be made in such a way as to ensure users know they are accessing this website or TMB app and, furthermore, where applicable, their browser should show the URL corresponding to the linked page.
10. Image rights
Users who take part in Loyalty Program activities authorise TMB to gather, reproduce and publish indefinitely their name, surname, image and voice through any media, including the Internet, for managing the activities themselves or new editions of them, or other promotions and publicity campaigns, or any other activity related to the services, events, advantages and promotions that TMB offers. Such authorisation does not entitle them to receive any type of payment.
11. Intellectual and industrial property
All content on this website and TMB App (including, but not limited to, databases, images, drawings, graphs, text files, maps, frames, banners, interfaces, software, different source codes, audio and video), and the website and TMB App as visual presentations, are the property of TMB or its content providers. In the latter case, this content has been subject to licensing or transfer by the providers, and is protected by national and international intellectual and industrial property legislation. The compilation (meaning the collation, design, organisation and presentation) of all content on the website and TMB app is the exclusive property of TMB.
All software employed in the use and development of the website and TMB App is the property of TMB or its software suppliers, and is protected by national and international intellectual and industrial property laws.
For both the website and its content, all users are prohibited from engaging in activities that include, but are not limited to, the ones listed below, unless they have the prior written consent of TMB, the holders of the intellectual property rights or any other content owners:
- any type of public communication using any procedure, including making them available to the public in such a way that anyone may access them from the website, at the time they choose;
- any type of distribution, including, but not limited to, sale, rental and/or loan;
- any type of reproduction, whether direct, indirect, temporary or permanent, by any means and in any way, of all or part of the website or its content;
- any type of transformation, whether in full or in part, including creating derived products and/or services;
- any other type of access that includes the above or other forms;
- any direct or indirect form of extraction and/or reuse of all or a substantial part of the content of any databases, and/or repeated or systematic extraction and/or reuse of insubstantial parts.
However, users are free to view the website and its content and download it for personal, non-commercial use, but they may not pass it on to third parties, whether for payment or free of charge.
Consequently, the availability or use of databases, images, drawings, graphs, text files, audio, video or software belonging to TMB or its suppliers that appear on the website or TMB app, or any other content, does not under any circumstances mean that the ownership or right to use these elements has been transferred to the user.
The trademarks, signs and logos that appear on the website belong to companies in the TMB group or are subject to licensing or transfer by the owner, and are duly registered or in the process of being registered. Unauthorised or improper use of these elements represents a breach of the industrial property rights of TMB group companies and other third-party owners.
Users, for their part, accept that, by merely taking part in Loyalty Program activities, they transfer to TMB, exclusively and with the power to transfer to third parties, all pecuniary intellectual property rights for any protected works or services that may be derived from their participation, to make use of them in any format, media or any other type of use, including, but not limited to, any graphic, audiovisual, sound or Internet media, and any media made available interactively, in addition to merchandising, secondary and derived exploitation, and the partial and total use of the works or services. This transfer is free of charge for all countries worldwide and for the maximum term of legal protection.
12. Amendments to the terms and conditions
TMB reserves the right to exercise its powers to change (including amendment, removal and/or addition) any part of these terms and conditions at any time.
Unless expressly decided otherwise, changes will take effect from the moment of publication, but will not affect the rights of previously recognised users.
13. Termination of the Loyalty Program. Cancelling participation in specific activities
Members may request to leave the Loyalty Program by accessing their personal space on the website and via the TMB app, in the settings section.
Exercising the right of erasure of personal data will also mean asking to leave the Loyalty Program.
Uninstalling the TMB app does not mean the user is removed from the Loyalty Program.
TMB may remove from the Loyalty Program any user who breach the terms and conditions in force from time to time.
Notwithstanding the above, users may always decide which specific activities, services, events or promotions they want to participate in. Additionally, wherever possible and when stated in the specific information for the activity or promotion, users may ask to deregister from that specific activity or event without leaving the Loyalty Program.
If a member does not interact with the Loyalty Program for a period of six months or more, TMB reserves the right to stop sending them information on the program. However, users may resume the Loyalty Program membership at any time.
14. Applicable law and jurisdiction
These terms and conditions are to be interpreted and governed pursuant to Spanish legislation.
The Courts and Tribunals of Barcelona will have jurisdiction for all litigation arising from the interpretation of or compliance with these terms and conditions, all other applicable jurisdictions being expressly waived.