These Terms must be read in conjunction with the Krispy Kreme Rewards Terms and Conditions found here and apply to your Krispy Kreme Rewards membership ("Membership")
Both the Mobile App terms herein and the Krispy Kreme Rewards Terms and Conditions govern the relationship between Krispy Kreme UK Ltd, a company incorporated in England with company number 4532445 whose registered office is at Krispy Kreme UK Ltd , Unit 4 Albany Park , Frimley Road, Camberley, Surrey, GU16 7PQ ("KKUK", "we" or "us") and you in respect of your Membership.
2. The App is operated by Krispy Kreme UK Ltd (and we refer to ourselves as “we”, “us” or “our”). We own and operate the App on our own behalf.
4. To download, install, access or use the App, you must be 16 years of age or over.
5. Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
6. You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:
a) is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
b) is fraudulent, criminal or unlawful;
c) is inaccurate or out-of-date;
d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e) impersonates any other person or body or misrepresents a relationship with any person or body;
f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
g) may be contrary to our interests;
h) is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
i) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
8. You agree not to access without authority, interfere with, damage or disrupt:
a) any part of the App;
b) any equipment or network on which the App is stored;
c) any software used in the provision of the App; or
d) any equipment or network or software owned or used by any third party.
9. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the App for the purpose of use on the App or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services.
10 .You agree to comply at all times with any instructions for use of the App which we make from time to time.
Availability of the App, Security & Accuracy
12. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
13. Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.
14. We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
15. We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.
16. We make no representation or warranty, express or implied, that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
Independence from Platforms
17. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
18. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
Limitation of Liability
19. You hereby release Krispy Kreme, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App or Website users.
20. You assume all responsibility and risk with respect to your use of the app. The app is available “as is,” and “as available”. We do not warrant use of the site will be uninterrupted or error-free or that errors will be detected or corrected. we do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the app.
Your Representations and Warranties
21. You represent and warrant that (a) your use of the App will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United Kingdom or the country in which you reside and (b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
22. You agree to indemnify and hold Krispy Kreme UK and IRE and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the App and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
Intellectual Property Rights
23. As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
Information About You & Your Use of the App
Third Party Websites
26. You must not without our permission:
a) use or copy any material from the App, including, but not limited to, onto other websites or in other mobile applications; or
b) frame any of the App onto your own or another person’s website or mobile application.
28. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.