Terms & Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
THE MYSTORE+ APP ("App") IS MADE AVAILABLE BY MCCURRACH UK LTD OF 74 WATERLOO ST, GLASGOW G2 7DJ ("MCCURRACH" "us" "we" "our") TO EACH USER OF IT ("you", "your"). THE TERMS SET OUT BELOW GOVERN YOUR USE OF THE MYSTORE+ APP. BY INSTALLING AND USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TsssERMS, DO NOT INSTALL AND USE THE APP.
To use this App you must be:
Licence to use the App
We grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferrable licence to use:
as permitted in these terms.
No promises about the App or the Content
You acknowledge that some of the Content is provided by our product partners ("Partners") ("Partner Content"). The Partner Content is not provided by McCurrach. McCurrach provides the App, to enable you, through the App, to receive and respond to the Partner Content. The App is a conduit through which these communications can take place.
While we use reasonable endeavours to include in the Partner Content only information provided by the Partners, we rely on the Partners to ensure the Partner Content is accurate and up to date and we make no promises about that.
The Content is made available to you "as is" without any representations, warranties or promises, express or implied, as to its validity, accuracy or reliability or otherwise. All of the Content is provided for general information purposes only, does not offer advice on any particular matter and you should not rely on it in taking, or refraining from taking, any action. You should take appropriate advice before taking, or refraining from, any particular action.
Moreover the App is provided to you free of charge and is therefore provided on an "as is" and "as available" basis without any representations, warranties or promises, express or implied, from McCurrach whatsoever. In particular without limitation, McCurrach does not give any representation, warranty or promise that the App will be always available or will operate on an uninterrupted basis or will allow you to access the Content, or that any information or other content you transmit to McCurrach or the Partners through the App will be successfully, accurately or securely transmitted.
You acknowledge that any data or other content that you transmit through the App will be held by McCurrach and may be transmitted by McCurrach to the Partners. In exchange for being given access to use the App, you grant to McCurrach and the Partners a perpetual, irrevocable, transferable licence to use the said data and other content in whatever way they wish.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Content may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Operating system requirements
This App requires a handheld mobile device or tablet with a minimum of 100 MB of memory and the iOS 11 + operating system or the Android 6.0 + operations system
Contacting us (including with complaints)
If you think the App or the Content are faulty or wish to contact us for any other reason please email our customer service team at email@example.com
How we will communicate with you
If we have to contact you we will do so by email, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
You may not transfer the App to someone else
We are giving you the right to use the App and the Content as set out above. You may not transfer the App or the Content or the right to access or use the App or the Content to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App or the Content.
Update to the App and changes to the Content
From time to time we may automatically update the App and change the Content to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Content.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time).
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
By using the App or the Content, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide the Content to you.
We may collect location data (but you can turn location services off)
The Content will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use the App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may stop us collecting such data at any time by turning off the location services settings in the App. However if location services are turned off, you may not be able to benefit from certain offers or promotions.
We are not responsible for other websites you link to
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
Acceptable use restrictions
Intellectual property rights
All intellectual property rights in the App and the Content (including all trade marks, trade names, logos and other identifiers) throughout the world belong to us or the Partners and the rights in the App and the Content are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Content other than the right to use them in accordance with these terms.
Our liability to you
Notwithstanding any of the above provisions of this section or any other provision in these terms, we do not exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation or in any other way which is unlawful.
Some offers or promotions provided as part of the Partner Content may include reward schemes, where you may be entitled to receive a monetary reward. Unless otherwise stated in the terms of an individual reward scheme, each time a monetary reward is earned by you pursuant to such offers we will credit that sum to your account in the App. However we shall not make a payment to you from your said account, until the balance in that account exceeds £20. Accordingly at the end of each month we shall check the balance in your said account and if the balance in your said account has exceeded £20, we shall pay you the balance in your said account within 10 business days.
We may end your rights to use the App and the Content if you break these terms
We may end your rights to use the App and Content at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Content:
We may transfer these terms to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You cannot transfer your rights to use the App and the Content someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
These terms does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms.
If a court finds part of these terms illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce it later
Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these terms and where you may bring legal proceedings
These terms are governed by English law.