END USER LICENCE TERMS AND CONDITIONS FOR THE FOUR STAR PIZZA (IRELAND) LIMITED APP AND WEBSITE (“FSP Software”)
1. General
a. The FSP software, and any third party software, documentation, interfaces, content, fonts and any data accompanying this Licence whether in read only memory, on any other media or in any other form (collectively the “FSP Software”) are Licensed to you by Four Star Pizza (Ireland) Limited (“FSP”) for use only under the terms of this Licence. FSP and/or FSP’s licensors retain ownership of the FSP Software itself and reserve all rights not expressly granted to you.
b. FSP, at its discretion, may make available future upgrades or updates to the FSP Software for your device. The FSP Software upgrades and updates, if any, may not necessarily include all existing software features or new features that FSP releases for newer or other devices. The terms of this Licence will govern any software upgrades or updates provided by FSP to the original FSP Software, unless such upgrade or update is accompanied by a separate Licence in which case you agree that the terms of that Licence will govern such upgrade or update.
2. Permitted Licence Uses and Restrictions.
a. FSP Software Licence
On agreeing to accept these terms on the FSP Website or App you are granted during the period of use of the FSP Software a limited, non-transferable, non-exclusive Licence to access and use the FSP Software on any compatible device that you own. You may not distribute or make the FSP Software Available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sub Licence the FSP Software.
b. System Requirements.
FSP Software is supported only on devices or hardware that meet specified system requirements as indicated by FSP.
c. Content.
Title and intellectual property rights in and to any content displayed by or accessed through the FSP Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this Licence, this Licence does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
d. No Reverse Engineering.
You may not, and you agree not to or enable others to, copy (except as expressly permitted by this Licence if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the FSP Software or any services provided by the FSP Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the FSP Software).
e. Compliance with Laws.
You agree to use the FSP Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the FSP Software and Services.
f. Automatic Updates.
If you choose to allow automatic app updates, your device will periodically check with FSP for updates and upgrades to the FSP Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within Settings.
3. Consent to Use of Data.
a. Diagnostic and Usage Data
You agree that FSP and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve FSP’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the FSP Software, and to verify compliance with the terms of this Licence. FSP may use this information as long as it is collected in a form that does not personally identify you, for the purposes described above.
b. Personal Data
For the terms of processing of your personal data please read FSP’s privacy policy which is available at the following address; www.fourstarpizza.ie and or www.fourstarpizza.co.uk
4. General
a. Certain parts of the FSP Software may include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the FSP Software, you acknowledge and agree that FSP is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. FSP, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials, if any, are provided solely as a convenience to you.
b. You agree that the FSP Software contain proprietary content, information and material that is owned by FSP, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the FSP software or in any manner that is inconsistent with the terms of this Licence or that infringes any intellectual property rights of a third party or FSP. No portion of the FSP Software may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the FSP Software, in any manner, and you shall not exploit the FSP Software in any unauthorized way whatsoever, including but not limited to, using the FSP Software to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the FSP Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that FSP is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the FSP Software.
c. In addition, Third Party Materials that may be accessed, linked to or displayed through the FSP Software are not Available in all languages or in all countries or regions. FSP makes no representation that such Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. FSP and its licensors reserve the right to change, suspend, remove, or disable access to any FSP Software or any part of it at any time without notice. In no event will FSP be liable for the removal of or disabling of access to any aspect of the FSP Software. FSP may also impose limits on the use of or access to certain parts or all of the FSP Software in any case and without notice or liability.
5. Termination
This Licence is effective until terminated. Your rights under this Licence will terminate automatically or otherwise cease to be effective without notice from FSP if you fail to comply with any term(s) of this Licence. Upon the termination of this Licence, you shall cease all use of the FSP Software.
Sections 3, 4, 5, 6, 7, 8 and 10 of this Licence shall survive any such termination.
6. Disclaimer of Warranties
a. If you are a customer who is a consumer (being someone who uses the FSP Software outside of your trade, business or profession), you may have legal rights which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.
b. You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the FSP software and any services performed by or accessed through the FSP software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
c. To the maximum extent permitted by applicable law, the FSP software is provided “as is” and “as available”, with all faults and without warranty of any kind, and FSP and FSP’s licensors (collectively referred to as “FSP” for the purposes of this section and the section head limitation of liability) hereby disclaim all warranties and conditions with respect to the FSP software either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
d. FSP does not warrant against interference with your enjoyment of the FSP software, that the functions contained in, or services performed or provided by, the FSP software will meet your requirements, that the operation of the FSP software will be uninterrupted or error-free, that any services will continue to be made available, that the FSP software will be corrected, or that the FSP software will be compatible or work with any third party software, applications or third party services.
e. No oral or written information or advice given by FSP or an FSP authorized representative shall create a warranty.
7. Limitation of liability
a. To the extent not prohibited by applicable law, in no event shall FSP be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the FSP software the use, non-use or misuse of passwords or any third party software or applications in conjunction with the FSP software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if FSP has been advised of the possibility of such damages.
b. The total liability of FSP, whether in contract, tort or otherwise and where the condition of this licence or any connection with the licence shall in no circumstances exceed the sum of €100 except where liability cannot be limited by the licensor. Notwithstanding anything to the contrary of this agreement FSP should not be liable to the Licensee by reason of any representation or any condition or other term or any other duty of common law, or under the express terms of this agreement for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) or whether occasioned by its negligence of the respective parties, or that of its employees or agents or otherwise, even if it applies to the possibility of such damages.
8. Controlling law and severability
This Licence will be governed by and construed in accordance with the laws of Ireland, and is subject to the exclusive jurisdiction of the Irish Courts. This Licence shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Licence shall continue in full force and effect.
9. Complete Agreement; No Waiver
This Licence constitutes the entire agreement between you and FSP relating to the use of the FSP Software and supersedes all prior or contemporaneous understandings regarding such subject matter unless expressly agreed in writing and signed by FSP. No amendment to or modification of this Licence will be binding unless in writing and signed by FSP.
Any delay in exercising a right or remedy provided by this agreement or by law does not constitute a waiver of the right of remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this agreement or by law prevents further exercise of the right or remedy of the exercise of the right or remedy.
10. Third Party Acknowledgements
Portions of the FSP Software may utilize or include third party software and other copyrighted material. If applicable acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the FSP Software, and your use of such material is governed by their respective terms.
11. Amendment to Licence terms and conditions
FSP reserves the right to vary any terms and conditions of this Licence from time to time as its absolute discretion with or without notice to any Licensee.
12. Terms and conditions of trading