Terms and Conditions: Morrisons App

Terms and Conditions Morrisons App

Welcome

Welcome to the Morrisons Grocery App licence.

This licence together with our privacy policy. applies to your use of our app.

Please read all of this licence carefully before you download and use our app because by downloading and using our app, you agree to be bound by it. In particular, please read the "Our Liability to You" section carefully as it is particularly important.

Other Terms and Conditions

In certain circumstances, additional terms and conditions may apply when using our app. For example, when you shop using our app, our Terms and Conditions of Sale will apply. All of our terms are set out on the "Terms and Conditions" link in the "Settings" section of our app for you to access whenever you choose.

Your Personal Details

To shop using our app you must be a registered customer of Morrisons. To register with us, please go to www.groceries.morrisons.com. When you register and buy products from us, you will need to enter certain personal details.

We think it is important that you know exactly what personal details we collect from you and how we look after and use them. This issue is very important to us, so we have set out full details in our privacy policy., Which you can access in the "Terms and Conditions" link in the "Settings" section of our app.

About This Licence and Your Right to Use Our App

This licence applies to the version of the app you have downloaded and to each future update, upgrade, release and version of our app that we make available except where we tell you that other terms and conditions apply instead.

Our app is only intended for use by people resident on mainland England, Scotland and Wales.

Our app is also only intended for use by consumers; that means people who want to use our app and buy our products for personal use and not for any business purposes.

What you can do with our app

You may only use our app for your own benefit. You may use our app on any device you own or control in accordance with the functionality provided by the "app store" from which you originally downloaded our app.

You may take reasonable measures (including those contemplated by your relevant device???s operating system) to back up our app.

What you cannot do with our app

Except as set out in any open-source licence terms which apply to any components or libraries used in our app (including the GNU Lesser General Public License set out at the end of this licence), you may not:

  1. purport to sell our app (whether electronically or using any media) or otherwise transfer or license the rights you have under this licence to any other person;
  2. give our app to any other person or allow them to access or use our app in place of you;
  3. do or try to do anything which would result in you understanding, at a technical level, how our app works;
  4. avoid, defeat, bypass, remove or deactivate any security measures included in our app, including those that restrict their functions or attempt to do the same;
  5. make our app available for use on one or more devices through any network;
  6. modify our app or our related services or create anything that is derived from them; or
  7. copy our app including any of its content except as otherwise contemplated by this licence.

Your right to use our app and our related services is not exclusive. This means that we may grant to other persons the same or similar rights we grant to you in this licence.

Where you have rights protected by law which we cannot restrict, you may do anything concerning our app which is consistent with those rights. All restrictions in this licence are subject to this provision.

No claims against third parties

This licence is made between you and us, Wm Morrison Supermarkets PLC only.

You have no legal rights under this licence against any other person connected with our app (for example the "app store" provider or any content provider). No other person is responsible for providing you with our app. No other person sponsors or provides any promotions through our app, or is the fundraiser for any charities advertised or linked through our app. No other person is responsible for any claims, losses, liabilities, damages, costs or expenses you incur in relation to your use of our app or our related services, including (but not limited to) product liability claims, claims that our app does not comply with any applicable laws or any claims that our app infringes the intellectual property rights of a third party. Any such claims, losses, responsibilities, compensation, costs or expenses are our responsibility only. As far as is allowed by the law, you permanently waive any legal rights that you may have against any other person connected with our app.

How Long Does This Licence Last?

This licence applies from the time when you first download our app from the relevant "app store". You may then continue to use our app until this licence is ended as set out below.

If you do not comply with the terms of this licence, this licence will end immediately without further notice from us.

You may end this licence by deleting our app from all of your devices. If you only delete our app from some of your licensed devices, you will remain bound by this licence in relation to your remaining licensed devices, until our app is deleted from all of them.

If we withdraw our app completely, this licence will end immediately and we will not necessarily tell you.

When this licence comes to an end:

  1. all your rights to use our app immediately stop; and
  2. if you have not already done so, you must delete our app from all of your licensed devices. You must also delete any back-up copies that you have.

You and we may both enforce any rights you or we have which relate to the period of time before the licence came to an end. You and we may use any legal means available to you or us to do so.

All provisions set out in the following sections shall still apply after termination of this licence: the general restrictions in section 3, this section, section 6, section 8 to 10 (inclusive) and section 12.

Changes to Our App

We may change and/or stop supporting any or all of the functionality of our app at any time without telling you beforehand.

Any change will be through a new update, upgrade, release or version. If you do not wish to use the changed functionality, you may continue to use the earlier version you have on your device, but you may find that its functionality does not work if we have ceased to support the functionality of that earlier version. Your use of any earlier version will remain subject to the terms of this licence.

We may suspend your use of our app at any time without telling you beforehand for any reason, for example, because we have to carry out maintenance to our systems.

Our Liability to You

It is our intention to be fully compliant with the law, therefore if any of the provisions below are against the law, they will not apply.

Our app and our related services and information are provided on an "as is", "with all faults" and "as available" basis.

We exclude all terms and conditions, warranties and other terms which may be implied by law concerning our app, our related services and/or information and/or your use of them including any in relation to reasonable skill & care, satisfactory quality, merchantability, completeness or fitness for a particular purpose.

We do not promise that our app, our related services and/or information and/or your use of them will meet your requirements, that they will work in combination with other software or any particular device, that your use of them will be uninterrupted or error free, that they will be reasonably accurate or complete or provided without delay, that errors in them will be corrected, or that they will not infringe third party intellectual property rights.

We may provide location -based services and functionality through our app. If we do, your use of this real time route guidance app is at your sole risk and location data may not be accurate.

We shall not be liable in any way (including due to our negligence) or otherwise for any direct losses you suffer concerning our app, our related services and/or information and/or your use of them, including any loss of data, profits, business revenue, anticipated savings, contracts, goodwill, loss or corruption of data, loss or damage to any physical property, including your devices, or losses arising from any third party claims.

We shall not be liable in any way (including due to our negligence) for any indirect, incidental, special, punitive, exemplary or consequential damage or loss, or any other damage or loss whatsoever concerning our app, our related services and/or your use of them, whether or not such damage or loss was contemplated by you or us.

Our total liability to you concerning your use of our app and our related services shall be capped to 50 pounds sterling (or its equivalent in your local currency as at the date of any relevant claim by you).

Nothing in this licence excludes or limits our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

To the maximum extent allowed by law, you shall reimburse us and keep us reimbursed against any liability, losses, claims and expenses (including reasonable legal fees) directly or indirectly arising from your use of our app and our related services, including if you do not comply with this licence.

Ownership of Our App

Our app and its contents from time to time are protected by international intellectual property rights, in particular copyright. These intellectual property rights are our property, or the property of those who have licensed software or content to us. Breach of these rights may be a criminal offence and/or entitle us and/or other persons to sue you for compensation.

You do not have any rights relating to our app, our services or their contents from time to time other than those expressly set out in this licence, or any open-source licence terms which apply to any components or libraries used in our app, or as otherwise allowed by law.

You may not use any of our trademarks, logos or brands, or those of any of any other person connected with our app or our related services (for example the provider of the "app store" from which you downloaded our app, or any content provider who has licensed content to us) under any circumstances without our prior written permission.

Confidentiality

Our app and our related services may contain valuable trade secrets and other confidential information which belongs to us and/or those persons who have licensed this information to us. Any breach of this licence which results in disclosure by you of any such information could cause us and/or those other persons irreparable and ongoing harm for which damages alone are not an adequate remedy.

Export

By installing or downloading our app, you promise that you are not located in, under the control of, or a resident or national of any country (or a person, or under the control of any person or entity) on the United States Treasury Department???s list of Specially Designated Nationals or the United States Commerce Department???s Table of Deny Orders. In addition, you promise that you are not located in a country that is subject to a United States??? government embargo, or that has been designated by the United States??? government as a "terrorist supporting" country and that you are not listed on any United States??? government list of prohibited or restricted parties.

Changes to This Licence

We may change the terms of this licence at any time by posting a revised version to the "Terms and Conditions" section in our app at any time. You should regularly check for changes we make to this licence. If you do not agree to any of those changes, you should immediately stop using our app and delete our app from all of your devices. If you continue to use our app following changes to this licence, you are agreeing to those changes.

Customer Services

Please note that we do not currently offer any support services or any user instruction manuals or similar in relation to our app and the "app store" provider does not have any obligation to do so.

If you have any questions or complaints regarding our app or this licence, please contact our Customer Services team on 0345 322 0000 between the hours of 8.00 am to 11.00 pm every day of the week.

Alternatively, please write to us at:

Freepost RTGY-SZRS-YKES
Groceries at Morrisons
Titan Court
3 Bishops Square
HATFIELD
AL10 9NE

General

In this licence, the phrases "including" and "in particular" do not limit the meaning of the word preceding or following those phrases.

Nothing under this licence shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise, except that the provider of the "app store" from which you downloaded our app, may enforce the terms of this licence against you, but we do not need that provider???s consent to change this licence.

All aspects of this licence and your use of our app shall be governed by English law and the parties agree to the non-exclusive jurisdiction of the English courts as far as possible. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction.

Information About Us

Our full legal name is Wm Morrison Supermarkets Plc. We are a public limited company incorporated in England and Wales. Our registered company number is 358949 and our registered address is Hilmore House, Gain Lane, Bradford, West Yorkshire, BD3 7DL. Our VAT number is 343 4753 55.

External libraries

Our app uses the open source ZBar Barcode Reader library, version 1.0 which is available from http://zbar.sourceforge.net/iphone.
The ZBar Bar Code Reader is Copyright ?? 2007-2010 Jeff Brown
spadix@users.sourceforge.net

The QR Code reader s Copyright ?? 1999-2009 Timothy B. Terriberry tterribe@xiph.org
You can redistribute this library and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful, but WITHOUT AN WARRANTY; without even the implied warranty of MERCHATABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

ISAAC is based on the public domain implementation by Robert J. Jenkins Jr., and is itself public domain.

Portions of the bit stream reader are copyright ?? The Xiph.Org Foundation 1994-2008, and are licensed under a BSD-style license.

The Reed-Solomon decoder is derived from an implementation (C) 1991-1995 Henry Minsky (hqm@ua.com), hqm@ai.mit.edu), and is licensed under the LGPL with permission.

GNU Lesser General Public License

Version 2.1, February 1999

Copyright ?? 1991, 1999 Free Software Foundation, Inc.

51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

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  17. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

End of Terms and Conditions


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