TERMS AND CONDITIONS 2021
LAST UPDATED: 3rd January 2022
PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY AS THEY APPLY TO YOUR USE OF THE SERVICES AND, ONCE ACCEPTED, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BAUER. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE T&C, YOU SHOULD NOT ACCESS OR USE OUR SERVICES. BY AGREEING TO THESE T&C, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THESE T&C.IF YOU ARE AGREEING TO THESE T&C AS A REPRESENTATIVE OF A BUSINESS, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS ENTITY TO THESE T&C TOGETHER WITH ALL THE USERS ACCESSING OR USING THE SERVICES ON BEHALF OF SUCH BUSINESS ENTITY.
These T&C are entered into by Bauer SME Services UK Ltd, a company registered in England and Wales with company number 13339966 and registered office at Media House, Peterborough Business Park, Lynch Wood, Peterborough, PE2 6EA (“Bauer”) on behalf of itself and its parent company Bauer SME Services BV, Vijzelstraat 68 unit 2.20-2.21, 1017HL, Amsterdam, The Netherlands, registered with the trade register of the Chamber of Commerce under number 82641099.
12handz is a SaaS solution, consisting of proprietary and third party services, which enable its users to grow their SME businesses, including to create and operate websites, email and SMS marketing campaigns, Facebook page apps, Google Ads campaigns and other market data gathering activities and features including payment features and scheduling tools.
12handz, the 12handz website (https://www.12handz.com/) (the “Website”) and the 12handz mobile application (the “Mobile Application”) (collectively, the “Services”) are owned by and/or licensed to Bauer. The Services are only made available in the United Kingdom and to business users acting in the course of their business, trade or profession. The Services are not designed for consumer use.
In order to use the Services, you shall first register and create a 12handz account (“Account”) and pay any applicable fees set out on the Website and/or Mobile Application. Bauer may, at its sole discretion, provide a portion of the Services free of charge for a period of time as Bauer may decide (which shall be made clear to you), and subject to conditions as shall be notified to you. Bauer reserves the right to withdraw any free elements of the Services at any time.
When creating your Account, you shall provide accurate and complete information. You agree not to use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You may only use your Account personally and may not make your Account available to third parties. You are liable to Bauer for the misuse of your Account due to or arising from your negligent acts or omissions. You shall notify Bauer immediately of any breach of security or unauthorised use of your Account or personal data, as the case may be.
Where Bauer and/or any third party providing the Services on Bauer’s behalf requests information from you in order to provide the Services, you must provide such information in an accurate, complete and timely manner. If you fail to do so, Bauer and/or the relevant third party provider shall not be in beach of any of the obligations under these T&C, to the extent such parties are prevented from performing such obligations and/or delivering the Services to you due to your non-fulfilment of this requirement.
Rights of Use.
Subject to and conditional upon your compliance with these T&C, Bauer grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable, worldwide licence to use the Services, on a hosted basis, for the duration of your Subscription and/or any applicable free trial period offered to you at Bauer’s sole discretion. Specifically, you:
shall not sell, license, or exploit for any commercial purposes any use of or access to the Services, except as expressly permitted by these T&C;
shall fully comply with all applicable laws, these T&C and any other contractual terms which govern the use of the Services (and any related interaction or transaction), including those specific laws applicable to you in your territory;
acknowledge that you are responsible for your promotions and media distributed through the Services and for ensuring that such promotions, advertising copy and media and your use of the Services in general complies with all applicable laws, rules and regulations (including applicable advertising, marketing, cookies and privacy guidelines and codes of practice), as well as any rules or regulations specific to any applicable regulated sector;
acknowledge that Bauer is not responsible or liable for your failure or any failure of any third-party to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any online service;
acknowledge and agree that Bauer does not sponsor, administer or endorse, and is therefore not liable for, the content of any promotion or media distributed through the Services; and
acknowledge and agree that Bauer is not responsible or liable for your use or distribution of information you provide.
Bauer makes available a Mobile Application to access portions of the Services via a mobile device. To use the Mobile Application, you must have a mobile device that is compatible with the mobile service, and standard data charges may apply. Bauer does not warrant that the Mobile Application shall be compatible with your mobile device.
You acknowledge that Bauer may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device.
Bauer and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).
Please see the Appendix to these T&C, which set out terms that are specific to the device you use to access the Mobile Application.
You shall not directly or indirectly:
create any derivative works based upon the Services;
copy or distribute any part of the Services in any medium without Bauer’s prior written authorisation;
alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose;
work around any technical limitations in the Services or use the Services in an attempt to, or in conjunction with any device, program, or service designed to, remove, circumvent, disable, damage or otherwise interfere with technical measures employed to control access to, or the rights in, a content, file, or other work;
reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of the Services, except to the extent that such restriction is expressly prohibited by law;
publish, rent, lease, lend, sell, sublicense, distribute, transfer, disclose, or otherwise make the Services available to any third party;
remove or alter any proprietary notices or labels on or in the Services;
upload to or otherwise use the Services to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
use the Services to infringe the rights of Bauer or any third party, or in any way that does not comply with all applicable laws;
use any of the Services and/or the Account in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct;
submit to the Services any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy, contrary to applicable online advertising or direct marketing law or guidance, or otherwise illegal; or
upload to the Services information that exceeds the system design limitations and/or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Bauer’s systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks connected to the Services. Bauer reserves the right to remove any data, information or material provided or submitted to Bauer in the course of your use of the Services which violates these T&C.
Bauer’s and Third Parties’ Websites and Services.
You agree that, to the maximum extent permitted by applicable law, Bauer shall not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third party sites and/or third party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of any third party.
System Design Limitations.
You acknowledge that the Services have technical and design limitations as set forth below:
(i) Contacts – 2,000
(ii) Site pages – 25
(iii) Media Storage – 250MB
(iv) Social pages – 1 per supported social platform
(v) Products (in Product Catalogue) – 1,000
(vi) Services (in Services Catalogue) – 100
Automatically Renewing Subscriptions.
The use of the Services requires payment of fees (the “Subscription Fees”). If you elect to sign up for the Services, you shall pay the Subscription Fees according to the subscription that you choose, as indicated at registration. Bauer also offers special features as add-ons to your subscription. The Subscription Fees, together with any additional fees paid for special features, are referred to as the “Services Fees”. The Services Fees shall be paid by you to Bauer in accordance with these T&C. You may pay your Service Fees with credit or debit card payments. Bauer shall charge your credit or debit card for your first Service Fees on the date that Bauer processes the first order for Services under your Subscription. Please note that the Services Fees are non-refundable.
Subscriptions and Cancellation
In order to provide you with continuous Services, your subscription shall automatically renew on a regular basis until you cancel (a “Subscription”). The term for your Subscription shall be the frequency selected by you when you register for an Account (the “Subscription Term”), i.e. monthly and shall automatically renew on a recurring basis in accordance with the billing terms you agreed to at the time you set up your Subscription, at the same price (subject to any changes which shall be notified to you in advance). For information on your Subscription Term and recurring amounts, refer to the email you received confirming your order.
To cancel your Subscription please contact firstname.lastname@example.org. Your notice of cancellation must be received at least two (2) days prior to the end of the then-current Subscription Term, and a cancellation shall be effective on the next renewal date of your Subscription following your notice of cancellation. You will not receive a refund for any prepaid amounts, unless indicated otherwise by Bauer in writing, but will continue to have access the Services until the end of the then-current Subscription Term.
When you provide a payment method to Bauer, you are granting your express consent and are expressly authorising Bauer (and our designated payment processor) to automatically charge you at each period for the Subscription. If you provide a payment method and our charge results in an overdraft, Chargeback or other fee from your bank, you alone are responsible for that fee.
You shall provide and at all times maintain accurate, complete, and current billing information, including but not limited to your billing address, credit or debit card number, and card expiration date. If you become aware of a potential breach of security to your billing information (such as credit card loss or theft), you shall notify Bauer immediately.
If you do not pay on time or if Bauer cannot charge your credit or debit card or other payment method for any reason, Bauer reserves the right to either suspend or terminate your access to the Services and terminate these T&C. Your obligation to pay prices and fees shall survive any termination of these T&C.
Modifications to Services and Pricing
Bauer reserves the right to modify pricing at any time. If our pricing changes, and you are required to pay a different fee than at the time you entered into these T&C, you shall be notified at least thirty (30) days before you are billed at the different rate to the email address on file for you and have the opportunity to cancel your Subscription. If you do not cancel your Subscription before the next billing renewal date (at the new rate), you shall be deemed to have accepted the new fees.
All Services Fees shall be in local currency. All Services Fees and other fees are exclusive of all applicable government taxes (such as VAT, sales, withholding and similar taxes) and similar charges, for which you shall be solely responsible. Local sales and use taxes shall be included on an invoice where applicable, and charged to you.
Bauer and/or its affiliated companies shall issue an invoice for any payment of Services Fees. Each invoice shall be issued in electronic form and based on the country stated in your billing address, and shall be made available to you via your Account and/or by e-mail, stating the due date.
You will be able to enable a feature whereby you may accept payments from purchasers of your goods or services or donors to your organisation (each an “End User”) (the “Payment Feature”). The Payment Feature may be subject to additional terms and additional fees, both of which shall be communicated to you when you select the Payment Feature. The following terms currently apply to the Payment Feature:
Refunds: The Payment Feature only allows for transactions to be refunded in full and does not allow for the processing of partial refunds to End Users. You may instead, for example, provide a partial refund by alternative payment method or offer the End User a voucher to the value of the partial refund (for the avoidance of doubt, such features are not currently available on the Services). If you provide a refund in full to an End User, you shall not be entitled to any refund of fees paid in respect of the Payment Feature.
Responsibility for Goods and Services: You shall at all times be fully responsible for the goods and services provided to End Users and any relevant refunds payable. Accordingly, you shall be responsible for all questions, claims, disputes and support in relation to your transactions under the Payment Feature.
Investigating Disputed Payments: Should you request our support in investigating any disputed payments under the Payment Feature, you agree to assist Bauer when requested, at your expense, in respect of such investigations. To that end, you acknowledge and agree that Bauer may share information, without limitation, about a contested transaction or any transaction that may be reversed or charged back to your Account (a “Chargeback”) with the End User, the End User's financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. Bauer shall request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, Bauer shall release the reserved funds to your Account. If a Chargeback dispute is not resolved in your favour or you choose not to contest the Chargeback, Bauer may recover the Chargeback amount and any associated fees for our assistance. You acknowledge that your failure to assist Bauer in a timely manner when investigating a transaction may result in an irreversible Chargeback. Bauer reserves the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
Authorisation to Charge Payment Methods on Account: By enabling the Payment Feature, you authorise Bauer to charge any payment method Bauer has on file for you in the amount of any Chargeback; any losses Bauer may incur relating to your transactions under the Payment Feature; or any other amount you owe Bauer. To execute such charges, you expressly authorise Bauer to charge any credit or debit card Bauer has on file for you. Bauer is not responsible for any amount you may incur from our charges, including overdraft fees. If Bauer cannot charge your credit or debit card for any reason, or Bauer reasonably believes that you are misusing the Payment Feature, Bauer reserves the right to either suspend or terminate your access to the Services and terminate these T&C.
Termination for Convenience. Bauer and/or you may terminate these T&C, and you may request to terminate your Account and/or any Services at any time by following the instructions provided on the Services or by contacting email@example.com. The effective date and time for termination of the Services shall be at the end of the then-current Subscription Term, unless indicated otherwise.
Bauer’s Termination Rights. Without prejudice to any other rights, Bauer may suspend the performance of the Services, delete your Account and/or terminate these T&C:
at the expiry of a trial/non-payment period where you have not signed up to a paid Subscription;
immediately where you have failed to pay any fees or any part thereof owed by you to Bauer within seven (7) days of such amount becoming due;
immediately if your use of the Services infringes, or is reasonably expected to infringe, the rights (including Intellectual Property rights) of any third party;
immediately if your use of any third party services within the Services causes Bauer to be in breach of its own obligations to such third party service provider; or
upon the effective date of any material changes to these T&C and/or the Services that you object to (and a pro rata refund shall be issued in respect of any unused portions of any prepaid fees due to such changes to these T&C and/or the Services coming into force).
Additional Termination Rights. Either party may terminate these T&C with immediate effect (and Bauer shall also have the right to suspend the performance of the Services and delete your Account) and without refund of any prepaid fees by giving written notice to other in the event of the other party’s material non-compliance with these T&C.
Consequences of Termination. Upon any termination of these T&C for whatever reason, any licences granted to you in these T&C shall expire and you shall no longer have access to content, features, or capacity of the Services, including any User Data or other usage data retained therein. You must therefore take steps to backup your data, as Bauer shall not be liable in any way for saving a backup of your User Data or responsible for your inability to access such content, features, capacity or data, upon termination of these T&C.
These T&C grant no ownership rights to you, or any other party, of the Services, and all patents, copyrights, trade marks, designs and any other intellectual property rights, whether registered or not, and all related know-how therein (collectively, the “Intellectual Property”), are not transferred by these T&C, and shall remain the sole property of Bauer and/or its licensors at all times.
you own all rights (including Intellectual Property rights in and to any of your User Data, or have obtained all necessary licence(s) and permission(s)), to use your User Data;
you have the rights or consents necessary to grant such licence to Bauer;
your User Data does not violate or infringe any applicable data protection law, Intellectual Property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party; and
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Data, and you shall adhere to all laws applicable thereto.
Any submissions by you to Bauer (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) shall be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Bauer is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other Intellectual Property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.
The Bauer name, the Bauer logo, and the product names and logos associated with the Services, including the “12handz” title and logo, are trade marks of Bauer and/or third parties, as applicable, and may not be used without Bauer’s prior written consent. All the images presented in the Services including modules are for illustrative purposes only and are subject to a licence granted to Bauer to use the sample images for limited purposes. You shall replace all sample images before publishing any of your content.
Bauer respects the Intellectual Property of others, and Bauer asks you to do the same. You, therefore, agree that any content that you post to the Services does not and shall not violate any applicable laws or infringe the rights of any third party, including, without limitation, any Intellectual Property rights, publicity rights, or rights of privacy. If you believe that your work has been copied in a way that constitutes copyright infringement, or your Intellectual Property rights have been otherwise violated, please get in touch with Bauer via e-mail to firstname.lastname@example.org.
Open Source Software.
Notwithstanding the above-mentioned, the Services may contain certain Open Source Software (defined below). Such Open Source Software is subject to the terms and conditions of the respective open source licence agreement (“Open Source Licences”). Please refer to https://www.12handz.com/open-source for a copy of the Open Source Licences. This list of Open Source Licences may be updated by Bauer from time to time.
You acknowledge and agree to the terms and conditions in each such Open Source Licence and that you are solely responsible for complying with such terms and conditions. Notwithstanding anything to the contrary in these T&C, with respect to each item of Open Source Software, to the extent that there are any irreconcilable conflicts between any terms of these T&C and any terms of the respective Open Source Licence, which the Open Source Licence does not permit, such conflicting terms of these T&C shall not apply. Where the terms of any specific Open Source Licence entitle you to the source code of the respective Open Source Software, upon your request, Bauer may either make that source code available to you or direct you to where you can obtain that source code.
For the purpose of these T&C “Open Source Software” means all software, documentation and other material that is distributed as “free software,” “open source software” or under a similar licensing or distribution model, including, but not limited to, the GNU General Public Licence (GPL), GNU Lesser General Public Licence (LGPL), Mozilla Public Licence (MPL), Berkeley Software Distribution (BSD) Licence, MIT Licence, Apache Licence or any other licence described by the Open Source Initiative as set forth on www.opensource.org.
You shall ensure that any cookie banners, consent collections and direct marketing campaigns set up and configured on the Services (such as via email or SMS) comply with relevant requirements in the applicable jurisdiction.
Disclaimer of Implied Warranties. Bauer does not make, and hereby disclaims, any and all other express, statutory and implied representations and warranties in relation to the Services including, to the extent permitted by applicable law, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982.
No Consequential Damages. Under no circumstances shall either party be liable for any loss of profit, loss of business or any indirect, incidental, consequential, special, punitive or of any other kind arising out of access to or use of the Services, including, without limitation, anything caused by any viruses, bugs, human action or inaction, failure or malfunction of any computer system or software programs, or any other errors, failures or delays in computer transmissions or otherwise, even if that party has been advised of the possibility of such losses or damages or the same is considered reasonably foreseeable and whether arising in contract, tort (including negligence), product liability or otherwise.
Limits on Liability. In no event shall Bauer’s cumulative, total liability to you for all damages, losses and causes of action (whether arising in contract, tort (including negligence), product liability or otherwise) exceed the total fees paid for the Services for the preceding twelve (12) months from the date such liability arose. Bauer further assumes, to the extent permitted by applicable laws, no responsibility, and shall not be liable for, any loss or corruption of data in respect of your access to or use of the Services. Further, Bauer is not responsible for, and shall have no liability with respect to, any services, goods or products you offer on or using our Services. You shall be solely liable and responsible for any services, goods or products sold by you, including without limitation such services, goods or products that were not delivered at all or that were otherwise unsatisfactory to any End User.
Liability That Cannot Be Limited. This section does not, however, affect Bauer’s liability for death or personal injury arising from negligence, nor Bauer’s liability for fraudulent misrepresentation, breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), nor any other liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless Bauer, its officers, directors, shareholders, employees, affiliates, agents and subcontractors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:
your violation of any term of these T&C and any use of the Services which is not in compliance with the terms of these T&C;
your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your use of the Services, including, without limitation, using the Services for your benefit;
any of your User Data submitted to the Services, including in case of violation of any rights of another including any copyright, property, data protection or privacy;
any use of third party services within the Services that causes Bauer to be in breach of its own obligations to such third party service provider; and
any other type of claim that your use of the Services caused damage to a third party.
Each party may only use the other's confidential information for the purpose of fulfilling their respective obligations under these T&C and each party undertakes that it shall not disclose to any person any confidential information concerning the other party’s business, affairs, customers, clients or suppliers, except: (i) to their respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising their respective rights or carrying out their respective obligations under these T&C; and (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers comply with this clause 15.
Bauer shall endeavour to make the Services accessible via the internet. However, as with other online services, accessibility also depends on third parties, such as, without limitation, subcontractors for hosting of the Services and technical framework conditions on which Bauer may have no influence. Therefore, the Services may temporarily be unavailable or may only be available with limited functionality due to, for example and without limitation, maintenance work, and Bauer does not guarantee the uninterrupted availability of the Services. Bauer shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these T&C that is caused by any act or event beyond its reasonable control.
Bauer may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Bauer.
Bauer may engage subcontractors. Any engagement of subcontractors shall not affect Bauer’s obligations under these T&C.
Failure by either party to enforce any of the provisions of these T&C shall not be construed as a waiver of such provisions. If any of the provisions of these T&C are held unlawful or otherwise ineffective by any court of competent jurisdiction, the remainder of the T&C shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision mutually agreed upon by the parties reflecting the intent of the provision so substituted.
These T&C constitute the entire agreement between Bauer and you in relation to the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by Bauer or on Bauer’s behalf which is not set out in these T&C.
Third Party Rights.
Unless expressly stated otherwise, these T&C do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&C.
Applicable Law and Place of Jurisdiction.
These T&C are governed by, interpreted and construed in accordance with the laws of England and Wales and you can bring legal proceedings in respect of the Services in the courts of England and Wales.
Bauer reserves the right, at its sole discretion, to change, modify, add, or delete portions of these T&C at any time. If Bauer does this, you shall receive the amended T&C via email and/or Bauer shall post changes to these T&C on the Website and/or Mobile Application before the new T&C come into effect. You will be asked to agree to the amended T&C when you next sign into your Account or otherwise access or use the Services. If you do not agree to abide by the amended T&C, please do not use or access the Services. In the event you do not object to the new T&C within two (2) weeks after receiving the email and/or notification, the new terms shall be deemed accepted. In the event that you object the new T&C, Bauer may terminate the agreement with you based on the T&C and issue you a pro rata refund in respect of any unused portions of the Service Fees due to such new T&C coming into force.
Please contact Bauer at email@example.com with any questions regarding these T&C.
The following additional terms and conditions apply with respect to any Mobile Application that Bauer provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these T&C are between you and Bauer only, and not with Apple, Inc. or an affiliate of it (“Apple”).
- Your use of Bauer’s iOS App shall comply with Apple’s then-current App Store Terms of Service.
- Bauer, and not Apple, is solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple shall have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Bauer, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these T&C and any law applicable to Bauer as provider of the iOS App.
- You agree that Bauer, and not Apple, shall be responsible, to the extent required by these T&C, for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these T&C as they relate to your licence of Bauer’s iOS App. Upon your acceptance of these T&C, Apple shall have the right (and shall be deemed to have accepted the right) to enforce these T&C against you as they relate to your licence of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Bauer provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these T&C are between you and Bauer only, and not with Google, Inc. or an affiliate of it (“Google”).
- Your use of Bauer’s Android App shall comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Bauer, and not Google, is solely responsible for Bauer’s Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to Bauer’s Android App or these T&C.
- You acknowledge and agree that Google is a third-party beneficiary to the T&C as they relate to Bauer’s Android App.
The following additional terms and conditions apply with respect to any Mobile Application that Bauer provides to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
- You acknowledge that these T&C are between you and Bauer only, and not with Amazon.com, Inc. or an affiliate of it (“Amazon”).