IMPORTANT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SET OUT THE BASIS UPON WHICH YOU ARE ENTITLED TO DOWNLOAD AND USE THE PRIMARK LEGENDS MOBILE APPLICATION (THE “APP”).
BY DOWNLOADING THE APP YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND CONDITIONS (THE “TERMS OF USE”) AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT DOWNLOAD OR USE THE APP.
1. Other Applicable Terms
1.1 These Terms of Use encompass the following additional terms that moreover apply to your use of the App:
a. Any rules or policies applied by any app store provider or operator (the “App Store”) from whose site or service you download the App (the “App Store Rules”).
2. Information About Us
2.1 The App is provided by Primark Limited. All references to "we", "us", or "our" hereinafter refer to Primark Limited. Primark Limited is registered in Ireland under Company No. 47371, with its international headquarters located at Arthur Ryan House, 22-24 Parnell Street, Dublin 1, Ireland.
3. Use of the App
3.1 These Terms of Use apply to the App, including any updates or additions to the App, unless they come with separate terms, in which case those terms will apply. If any open-source software is included in the App, the terms of an open-source license may override some of the terms of these Terms of Use.
3.2 Using the App for the purposes of playing games with the App is permitted. Any other use of the content and software in the App, including the reproduction, modification, distribution, transmission, republication, or display of the content in the App without our express permission is strictly prohibited.
3.3 The App, or any portion of the App, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by us.
3.4 You must not misuse the App by knowingly or recklessly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or harmful. You must not attempt to gain unauthorized access to the App or any server, computer, or database connected to the App.
3.5 If you do not own the device that will be used to download and operate the App, you must obtain permission from the owner of the device prior to downloading or streaming a copy of the App onto that device. Applicable fees for internet access apply in compliance with the App user's mobile plan. You accept responsibility in accordance with these Terms of Use for the use of the App on, or in relation to, any device that you utilize, whether or not it is owned by yourself.
3.6 You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information that 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.
3.7 We reserve the right to refuse access to the App and/or the services contained therein at our discretion, including, without limitation if we believe that particular conduct: violates applicable law, is harmful to our interests, or is in breach of these Terms of Use.
4. Intellectual Property
4.1 All content included in the App, such as text, graphics, logos, button icons, images, audio clips, and software is our property or the property of our licensors and is protected by applicable copyright and/or other intellectual property laws. You acknowledge that you have no rights in, or to, the App, other than the right to use the App in accordance with these Terms of Use.
4.2 In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive license to use the App, subject to these Terms of Use.
4.3 Except as expressly set out in these Terms of Use, you agree:
a. not to copy, reproduce, transmit, or distribute any material contained in the App;
b. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; and
c. not to disassemble, decompile, reverse-engineer, or create derivative works based off of the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited by law.
5. Agreement
5.1 You warrant and represent that:
a. you will not use the App in any way that breaches any applicable local, national, or international law or regulation;
b. any material that you upload to the App shall be true, accurate, complete, and up-to-date; you have the necessary rights to upload such information through the App and that it will not be unlawful or infringe any third party’s proprietary or personal rights in any way; and
c. you have full power and authority to agree to be bound by these Terms of Use and to comply with the provisions of these Terms of Use.
6. Limitation of Liability and Disclaimer
6.1 You hereby acknowledge and agree that to the fullest extent permitted by applicable law, the App is made available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose, or performance of the App or the contents thereof.
6.2 You acknowledge and agree that we may temporarily suspend access to the App for any reason without notice, including but not limited to when there is a: breakdown, error, defect, or malfunction in any part of our systems.
6.3 Except as expressly set out in these Terms of Use, all representations, warranties, terms, and conditions, whether express or implied in relation to the App or the information contained therein, are hereby excluded to the fullest extent permitted by law.
6.4 Due to the fact that we cannot guarantee that the App will be fault free or that the information contained in the App will be correct, we do not accept any liability for any loss or damage whatsoever arising out of, or in connection with, the App or the contents thereof, whether under theories of contract, tort (including negligence), strict liability, or otherwise.
7. Force Majeure
7.1 We will not be liable or responsible for any delay or failure in performance of any of our obligations under these Terms of Use due to circumstances beyond our reasonable control, such as, but not limited to: acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
8. Links to Websites
8.1 The App may contain links to websites operated by third parties. Such links are provided for your convenience only. We have no control over these websites and we are not responsible for their availability or content. The inclusion of links in the App to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
9. Changes and Updates
9.1 From time to time we may amend these Terms of Use and any documents referred to herein. We will notify you of any change when you next start up the App. The new terms may be displayed on screen and you may be required to read and accept them before you can continue with your regular use of the App.
9.2 From time to time, updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
10 Severability
10.1 In the event that any provision of these Terms of Use shall be determined to be partially void, illegal, or unenforceable by any court or body of competent jurisdiction or by virtue of any legislation to which it is subject or by virtue of any other reason whatsoever, it shall become void, illegal, or unenforceable to that extent only and no further and the validity, legality, and enforceability of any of the other provisions of these Terms of Use shall not be affected.
11. Governing Law
11.1 These Terms of Use shall be governed by and construed in accordance with the laws of Ireland and you hereby submit to the exclusive jurisdiction of the Irish Courts for the resolution of disputes arising out of or in connection with these Terms of Use.
11.2 To the extent that you are acting as a consumer, rather than in the course of business, you will benefit from any mandatory provisions of the laws of the country in which you are resident. Nothing in these Terms of Use, including this provision regarding governing law and jurisdiction, affects your rights as a consumer to rely on such mandatory provisions of your local laws.
12 Contact Us
To contact us, please e-mail: Primarklegends@primark.ie