Three Coffee
End User License Agreement
1.
Introduction
1.3
While all of these terms are
important, you should pay particular attention to:
1.3.1
how you agree to use the
Application(s) as set out in Clause 5; and
1.3.2
our liability to you and what we will
not be liable for as set out in Clause 10.
1.4
By using the Application(s), you acknowledge
that you are over the age of eighteen (18), or if you are under the age of
eighteen (18), you have obtained consent from your parent or guardian to use
the Application(s).
1.6
We recommend that you print, download or save a
copy of the Agreement for future reference.
2.
Definitions
2.1
In this EULA, the following words and phrases
have the meanings shown next to them:
3.1
To encourage and reward customer loyalty, we
have developed the Loyalty Scheme for customers when purchases are made from
our stores.
3.2.1
be able to keep track of the stamps, coupons, vouchers
and other rewards you collect as a result of purchases you make in our stores
("Rewards");
3.2.2
receive special offers and promotions and other
marketing from us, which we will do so in compliance with the laws applicable
to such promotions and advertising and in accordance with our Privacy Policy;
and
3.2.3
be able to redeem your Rewards against future
purchases from our stores in accordance with the Loyalty Scheme Terms and
Conditions.
3.3
Nothing in this EULA shall be intended to
conflict with the details of the Loyalty Scheme and the Loyalty Scheme Terms
and Conditions, and in the event of a conflict, the Loyalty Scheme Terms and
Conditions will prevail, but only to the extent that such terms are in respect
of the details of the Loyalty Scheme, and not the Application(s) or Application
Services, which shall be govern exclusively by this EULA.
4.
Accessing the Application Services via the
Application(s)
4.1
You may access the Application Services via the
Application(s) and at all times in accordance with the terms of the Agreement.
5.1
Subject to your compliance with the Agreement,
we grant to you a non-exclusive, non-transferable license to download, install
and use the Application(s) to access the Application Services and the Content in
accordance with this Agreement.
5.2
You agree that the Application(s) are for your
personal and non-commercial use only. "As a condition of using the Application(s)
to access the Application Services and the Content, you agree not to use the Application(s),
the Application Services or the Content for any commercial or non-personal
purpose.
5.3
The Application(s) and Content, as well as the
infrastructure used to provide the Application(s), the Application Services and
the Content, is proprietary to us or our suppliers and third party providers.
5.4
You agree not to modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell or re-sell the Application(s), the Application
Services or any Content.
5.5
In addition, whether or not you have a
commercial purpose, you agree not to:
5.5.1
access, monitor or copy the Application Services
or any Content obtainable through the Application(s) using any robot, spider,
scraper or other automated means or any manual process for any purpose without
our express written permission;
5.5.2
rent, lease, sub-license, loan, translate,
merge, adapt, vary or modify the Application(s), the Application Services or
the Content;
5.5.3
make alterations to, or modifications of, the
whole or any part of the Application(s), the Application Services or the
Content, nor permit the Application(s), the Application Services or the Content
or any part of either to be combined with, or become incorporated in, any other
programs;
5.5.4
provide or otherwise make available the Application(s),
the Application Services or the Content in whole or in part (including but not
limited to program listings, object and source program listings, object code
and source code), in any form to any third party;
5.5.5
violate the technical restrictions in the Application(s)
or bypass or circumvent other measures employed to prevent or limit access to the
Application(s), the Application Services or the Content;
5.5.6
take any action that in using the Application(s)
imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure or in any other way
unreasonably degrades the performance of our infrastructure;
5.5.7
attempt to design, build or develop (including
instructing a third party to do such acts) a product or service which is the
same or similar as the Application(s) or the Application Services and may be
considered as a competing product or service to the Application(s) or the
Application Services; or
5.5.8
carry out any harmful or illegal activities using
the Application(s), or any activities which are prohibited by this EULA.
5.6
The Application(s), the Application Services and
the Content is provided solely to you in respect of our Loyalty Scheme, and for
no other purposes.
5.7
You agree to be financially responsible for all
of your use of the Application(s) (as well as for use of your account by others
through the Application(s), including, without limitation, minors living with
you). You agree to supervise all use of the Application(s) by minors under your
name or account.
5.8
You shall be completely responsible for all
charges, fees, duties, taxes, and assessments arising out of the use of the Application(s),
including all sums that your service provider may charge you from using the
Application(s) (including but not limited to data roaming charges)." Please
note, the App will automatically transfer a small amount of data as part of its
normal operation, please see condition 10 for further information.
6.
Use on third party devices
6.1
The Mobile Web Application may be accessed via a
Device.
6.2
The configuration of a device is unique to the
manufacturer of such device. We encourage you to refer to the documentation of
your Device to use the Application(s).
7.1
We encourage you to
take steps to minimise any loss or damage to you or your Device as a result of
your use of the Application(s) by downloading anti-virus software, maintaining
appropriate firewall protections in your Device, and keeping your password
and/or any identification code secure from any unauthorised access.
8.
Reservation of rights
8.1
You acknowledge that all Intellectual Property Rights,
title to and interests in the Application(s), the Application
Services and the Content belong to either us or our
suppliers and third party providers. "These rights are protected by laws and
treaties around the world and all such rights are reserved.
8.2
You acknowledge that you have no rights in, or
to, the Application(s), the Application Services and the Content other than the limited right to use the Application(s) and access the
Application Services and the Content, in accordance with the Agreement.
8.3
You acknowledge that the Application(s) and any
accompanying documentation and/or technical information are subject to applicable export control laws
and regulations of the USA. "You agree not to export or re-export the Application(s),
directly or indirectly, to any countries that are subject to USA export
restrictions.
"
9.
Links to third party sites
9.1
The Application(s) and/or the Content may
contain hyperlinks to websites operated by third parties. "Such hyperlinks are
provided for your reference only. "We do not control such websites and we are
not responsible for the contents or your use of them. "Our inclusion of
hyperlinks to such websites does not imply any endorsement of the material on
such websites or any association with their operators.
10.2 If a defect in the Application(s), the Application Services and/or
the Content that we have supplied to you causes damage your Device or any
digital content belonging to you, we will either repair the damage or pay you
compensation." However, we will not be liable for damage that you could have
avoided by following our advice to apply an Update offered to you free of
charge in accordance with Clause 13 or for damage that was caused by your
acts or omissions to correctly follow installation instructions, have in place
the minimum system requirements advised by us or take steps to protect your
Device in accordance with Clause 7.
10.3 Subject to Clause 8.1, by using the Application(s) and accessing the Application Services
and the Content, you acknowledge and accept that we will not be liable for any:
10.3.1
loss or damage to your Device used to access the
Application(s);
10.3.2
loss or damage to you as a result of any
interruptions, delays, errors, defects in operation or unavailability of the Application(s),
the Application Services and/or the Content;
10.3.3
loss or damage to you or your Device as a result
of any viruses, bugs, worms, spyware, malware, ransomware, trojan horse, logic
bombs or other program or code that may cause harm to you or your Device;
10.3.4
theft or unauthorised use by a third party of any
data you submit to us;
10.3.5
harmful, graphic or offensive material displayed
to you on a third party site accessed via the Application(s);
10.3.6
charges incurred by you from a third party as a
result of accessing or using the Application(s) and/or the Application Services;
or
10.3.7
loss or damage to you that is the result of
services provided to us by our agents or subcontractors, including their acts,
errors or omissions.
10.4 Subject to clause 8.1, if you use the Application(s) for commercial or business use, we
will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), and whether foreseeable or not, arising under or in
connection with the Application(s), the Application Services and/or the Content:
(i) loss of profits; (ii) loss of sales, business or revenue; (iii) loss of agreements
or contracts; (iv) loss of business interruption; (v) loss of anticipated
savings; (vi) loss of opportunity, goodwill or reputation; (vii) loss of use or
corruption of software, data or information; or (viii) indirect loss or
consequential damage.
10.5 You acknowledge that the Application(s), the Application Services
and the Content and any other information, software, products and services
available through the Application(s) may include inaccuracies and/or
typographical errors, and that we do not guarantee the accuracy of, and will
not be liable for inaccuracies in the Application(s), the Application Services
and the Content.
11.1 We may terminate the Agreement and your use of the Application(s) immediately
by written notice to you if:
11.1.1
we consider that you have used the Application(s)
in violation of the Agreement;
11.1.2
we, at our sole discretion, decide to withdraw the
Application(s) whether in whole or in part;
11.1.3
we have a legal or regulatory obligation imposed
on us; or
11.1.4
for any other reason provided that we give you
30 days" written notice by email, SMS or via an electronic communication via
the Application(s).
11.2 You may terminate the Agreement by providing 30 days" written notice
to us.
11.3 Upon termination for
any reason:
11.3.1
all rights granted to you under the Agreement cease;
11.3.2
you must cease all activities authorised by the
Agreement.
12.2 We may monitor
and/or record telephone calls between you and us or our service providers.
13.2 If you choose not to install an Update or if you opt out of
automatic Updates, you may not be able to continue using the Application(s) the
Application Services and/or the Content.
14.
Changes to this EULA
14.1 We may make changes to the terms of this EULA, including introducing
new terms, that are the result of (i) a change in the law or our business; (ii)
necessary for the provision of the Application(s), the Application
Services and/or the Content; or (iii) any improvements
to the Application(s), the Application Services and/or Content.
14.3 By continuing to use the Application(s) from the date a change takes
place, you are accepting such changes.
14.4 Between receipt of the notice pursuant to
Clause 10.2, and the proposed
date of a change, if you notify us that you do not accept the change, this EULA
will terminate immediately.
15.
Disputes, complaints and how to contact us
15.1
The Agreement is governed by the laws of England
and Wales. "In the event of
a dispute in connection with this EULA, our Privacy Policy, the Application(s),
the Application Services and/or
the Content ("Dispute"), you agree that such Dispute will be dealt with
exclusively by the courts of England and Wales.
15.2 If you have a complaint or query about this EULA, our Privacy
Policy, the Application(s), the Application Services and/or the Content, you may contact our customer services team at support@threecoffee.co.uk.
"We have procedures in place to
make sure that we handle your complaint fairly and quickly.
16.
Other important terms
16.1 You must provide us with an email and postal address and phone
number and let us know if any of these change during the Term of the Agreement.
16.2 We may transfer our
rights or obligations under the Agreement or arrange for any other person to
carry out our rights or obligations under the Agreement, and will provide you
with notice in writing if this happens. "You may not transfer any of your rights or obligations under the Agreement.
16.3 Subject to Clause 11.1, if any court considers any clause of the Agreement is illegal,
invalid, or unenforceable, such clause will not apply to you or us (as
applicable), and will not affect the validity or enforceability of the
remainder of the terms of this EULA.
16.4 The language of the Agreement is English and all notices and
information given under the Agreement will be in English.