PART I – How the App works

Introduction
Registering with us
Username and password
Posting a Gig and selecting a Worker
Charges and Payment
Check In and Check Out
Rating a Worker
Checks on Worker
What if there is a problem with the Worker?
Responsibility for a Worker
Off -boarding

PART II – General Terms

Access to the App
What you are allowed to do
What you are not allowed to do
Third party platform providers and application stores
Intellectual property rights
Functionality and content
Your personal information
User content
External links
Our liability
General
Contacting us
Additional terms from third party platform providers

Part I
Introduction

Welcome to Gig to Gig, the application that allows businesses or individuals like you (Provider, you or your) to find temporary staff (Workers) to work shifts for you (each a Gig).

This End User Licence Agreement (EULA) sets out the terms of licence and use that apply to Providers using the Gig application, including any updates to that application, that we make available for download (App). You can find a summary of frequently asked questions for Providers on our FAQs page.

The App is provided by Gig App Limited (GigtoGig, we, us and our). We are a limited company, registered in England. Our registered company number is 09703490, and our registered office is at 3 Albion Court, Albion Place, London, W6 0QT. Our VAT registration number is 234137138. For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319) we act as an “Employment Business”.

Workers are not employees of GigtoGig or any of our agents, members of our group or third party providers. Instead, Workers are engaged under the terms of a contract for services with us.

BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.

In this EULA, unless the context otherwise requires, all further references to you (and your, etc) means both you as an individual user and also the organisation on whose behalf you are acting (if any).

We reserve the right to change the terms of this EULA from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms and conditions were last updated on [15th June 2016].

Registering with us

In order to place a posting for a Gig to find Workers, you will need to register with us.

You can register as a Provider with us by completing the account registration form available in the App. You only need to register once. To register, you must provide us with:

• the name and nature of your business;
• your VAT number;
• your contact details;
• the location of your business where you will require Workers to perform Gigs;
• your credit or debit card details for payment of charges;
• confirmation that you have completed all health and safety risk assessments appropriate to the business locations where Workers will be placed and taken all appropriate steps under applicable legislation to mitigate such risks; and
• any other information reasonably requested by us as part of the registration process.

All information provided on your profile must be accurate, complete and up-to-date. You are responsible for the information you provide to us. You must contact us promptly to inform us of all changes to this information and to notify us if you no longer satisfy all of the minimum eligibility criteria set out above (see Contacting us).

Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.

We reserve the right, in our discretion, to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity and to establish your credit rating. By agreeing to these terms and conditions, you agree to our doing so. By agreeing to these terms and conditions, you also agree to co-operate with us in the carrying out of these checks.

Username and password

Upon registration for an account with us, you will be asked to create a username and password. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

We reserve the right to alter or replace passwords, or require you to do so, at any time in our sole discretion.

Posting a Gig and selecting Workers

You will be asked to complete full and accurate details for the Gig posting, including:

• the location at which the Worker will be required to work;
• the hourly rate payable to the Worker;
• the estimated duration of the shift(s);
• the breaks allowed during the Gig;
• the number of Workers required;
• the type of role and nature and quality of work required;
• any level of work experience required from the Worker;
• any attire or clothing that you would like the Worker to wear (if available);
• any other information that may be reasonably necessary to provide the Worker with an accurate description of the Gig including for example special directions on travel or entering the Gig location.

Workers will be able to view a summary of the Gig on the App. Workers who would like to be considered for the Gig can put themselves forward for consideration by Provider. You can view the different Workers who have put themselves forward and make selections based on their experience and rankings.

Once a Worker is selected by Provider full details of the Gig will be sent to the Worker. You can edit certain details of the Gig using functionality within the App if any details of the Gig change and broadcast those changes to all Workers selected for the Gig.

Charges and Payment

Posting Fee

We charge a one-off fee of £2.95 for each Worker you are seeking for a Gig. Payment is taken when you make the posting for the Gig. All posting charges are non-refundable.

We reserve the right to change our fees for posting a Gig from time to time on notice to you and, for the avoidance of doubt, by accepting these terms you expressly agree to our right to change our posting fees at any time on notice to you. No increases in fees for making postings shall affect any postings you have already made.

You may have been given the opportunity to sign up to one of our subscription models. Under this agreement you have agreed to purchase up to a maximum number of Gigs each month and pay for this monthly in advance. After you have reached your limit you will be charged accordingly per person per Gig for each Gig over your maximum monthly limit. Cancellation of this subscription policy is required 1 month in advance.

Worker Fees

You will be charged fees for Workers who have performed services for you under a Gig.

The Worker fees shall be calculated as follows:

• you will select a base hourly rate to be paid to the Worker when you post the Gig (Base Rate);
• a charge for employment costs including holiday pay will be added, calculated at 12.04% of the Base Rate;
• a charge for National Insurance will be added calculated based on the Base Rate of pay. This charge will never be more than 13.8% unless in line with statutory changes.;
• and together these amounts shall be added together to form one hourly rate for the Worker (Hourly Rate).

The Hourly Rate shall be automatically calculated by the App and displayed to you before you proceed with the Gig posting.

The following conditions also apply to Workers’ fees:

• they are calculated using the Hourly Rate prescribed in the posting for the Gig;
• the hourly rate will be multiplied by the numbers of minutes the Worker has worked calculated using the “check in” and “check out” function (see Check in / Check Out below for more detail);
• Hourly Rates shall be calculated to the nearest minute; and
• the minimum period for a Gig will be one hour.

Payment of the Workers’ fees shall be automatically debited from the account details you provide at registration once the Worker has checked out.

All payment to Workers by the Provider must be made through GigtoGig. In no circumstances should you attempt to pay a Worker in person during a Gig.

Invoice Finance

Providers can apply to GigtoGig to pay Workers’ fees by way of invoice finance. Registration for invoice financing is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.

Providers accepted for invoice financing will be invoiced weekly on each [needs to be updated in line with commercial agreement] Friday for all Gigs completed in the previous seven (7) days. All invoices are payable within seven (14) days of receipt. We may appoint a third party as an agent for the management and collection of Worker fees and for the Worker payroll function. We reserve the right to charge interest on all sums outstanding beyond the date on which they are due for payment. Interest may be charged on that basis from the date payment was due until the date of payment (including after any judgement has been obtained) at the rate of 5% above the base rate of the Bank of England.

Check in and check out

Each Gig has a unique QR code.

The Worker should “check in” and “check-out” with you using this QR code at the start and at the end of each Gig using the scanning function in the App. This allows us to monitor the period over which the Worker has provided services to you during the Gig. When a Worker arrives you should check their photo ID matches their profile picture on the App.

We also provide a remote “check in” and “check-out” function that can be performed without using the QR code. Both Workers and Providers can request remote “check-in” and “check-out” through the app, which will prompt the receiving party to confirm the Gig has started or been completed.

If the Provider is unable to use the “check in” and “check out” functionality or there is any dispute on the hours claimed, the Provider shall inform GigtoGig as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with us to enable GigtoGig to establish what hours, if any, were worked by Worker.

Provider shall not decline to check out a Worker on the basis it is dissatisfied with the work performed by the Worker. If there is a problem with a Worker including if a Worker fails to turn up for a Gig you can contact us on support@gigtogig.co.uk. Please see the What if there is a problem with the Worker? section below for more details.

We reserve the right to charge you fees for Workers in accordance with the rates and proposed shift length posted for the Gig in the event that you do not complete “check in” and “check out” with a Worker for a Gig for any reason.

Rating a Worker

You can rate a Worker after he has completed a Gig with a “thumbs up” to indicate that Worker has performed well using functionality we make available in the App. That feedback will affect the Worker’s ranking in the App.

You acknowledge that your ratings shall be displayed to other users of the App on an anonymised basis and you grant us a perpetual licence to publish and distribute such ratings.

Please see our User Content section below for more details on rules relating to user-generated content in the App.

Checks on Workers

We run background checks on Workers to confirm their identity and to ensure they have the right to work in the United Kingdom using our third party partners. Although we perform checks, we cannot confirm each Worker is who they claim to be and we do not assume any responsibility for the accuracy or reliability of such background checks.

GigtoGig does not perform checks on a Worker’s experience or qualifications and we do not endorse Workers or their suitability for performing a Gig for you. We are not responsible for the accuracy of any claims made by Workers in relation to their credentials.

When interacting with Workers you should exercise caution and common sense to protect the personal safety of your staff and property. We cannot accept any liability for the acts or omissions of Workers in connection with any services they perform for Provider under a Gig.

What if there is a problem with the Worker?

If a Worker fails to turn up for a Gig or is not suitable for the Gig, please contact us on the details below or through the App and we will try to source a replacement.

Please note that while we will use efforts to assist you in the event of a problem with the Worker, we are not responsible for the quality or reliability of Workers you find through the App.

If after a Worker commences a Gig we receive information that gives us reasonable grounds for believing that the Worker is unsuitable for a Gig, we will immediately inform you of that by via email or telephone and you will be required to terminate that Gig and send the Worker home. In this event, [you should complete the check-out procedure as normal with the Worker] we reserve the right to charge you Worker Fees in respect of all time spent by the Worker performing services for you under the Gig. If after a Worker commences a Gig we receive information that indicates the Worker may be unsuitable for a Gig but does not give us reasonable grounds for believing so, we will inform you of the fact we are investigating the relevant information and will keep you informed of any further information we obtain.

Responsibility for Workers

Provider shall provide and take responsibility for all equipment required to perform a Gig and shall ensure that the site on which it requires a Worker to work is a safe and suitable premises for the Worker to carry out the Gig.

Provider shall at all times comply with its obligations under the Agency Worker Regulations 2010 (SI 2010/93) (AWR), including but not limited to providing any Workers with access to collective facilities and amenities and employment opportunities subject to and in accordance with regulation 12 and 13 of the AWR.

Provider shall not structure a Gig in such a way that prevents or attempts to prevent a Worker from being entitled to, or from continuing to be entitled to equivalent basic working and employment conditions, or in any other manner which is prohibited under the AWR.
In the event that GigtoGig or Provider receives an allegation by any Worker that there has been a breach of the AWR in relation to the supply of that person to Provider by GigtoGig (whether that allegation has been made as a request for information under regulation 16 of the AWR or otherwise), it shall provide a copy of that allegation to the other within seven days of receipt. GigtoGig and Provider shall co-operate with each other in relation to responding to that allegation, which shall include supplying any information which may be reasonably requested by the other, and complying with any reasonable requests in relation to the contents of any response.

We shall notify you as soon as reasonably practicable if it is notified by a Worker carrying out a Gig that she is pregnant. Provider shall perform a risk assessment on such Worker within 14 days of notification by us and make any reasonable adjustments required. If the Gig is terminated as a result of the said risk assessment establishing that the pregnant Worker can no longer perform services under the Gig without undue risk to herself or unborn child, we shall use reasonable endeavours to find other suitable alternative work for the Worker. In the event that:

• such replacement work pays the Worker a lower remuneration than the terminated Gig, the additional cost of the difference in remuneration between the terminated Gig and the replacement Gig will be borne by Provider; or

• we cannot find suitable alternative work for such Worker and the Worker is entitled to remuneration in accordance with Regulation 68C of the Employment Rights Act 1996 (ERA), Provider will pay Worker the full amount of remuneration that the Worker is entitled to as a result of section 68C of the ERA within 14 days of the Gig being terminated.

Provider shall not at any time post a Gig or otherwise allow a Worker to work with any person who by reason of age, infirmity, illness, disability or any other circumstances is in need of care and attention, or who is under the age of 18 [(vulnerable persons).

Provider shall fully indemnify (and keep indemnified), defend and hold harmless GigtoGig on demand against all losses that GigtoGig incurs, suffers or for which it becomes liable howsoever arising as a result of or in connection with:

• any breach of this EULA by Provider;
• any failure by the Provider to comply with the AWR;
• any failure by Provider to comply with its obligations under the Working Time Regulations 1998 (SI 1998/1833) including but not limited to a Worker’s entitlement to take minimum rest breaks;
• any act or omission of Provider, its employees or agents in respect of a Worker during performance of a Gig including but not limited to any finding, determination, claim, allegation or complaint that the Worker has suffered a detriment or otherwise been the subject of unlawful treatment under the Equality Act 2010 or by reason of making a protected disclosure within the meaning of Part IV A of the Employment Rights Act 1996;
• a Worker at any time having claimed or being held or deemed to have been an employee of Provider or GigtoGig and/or that such employment has been terminated including but not limited to any claim for wrongful or unfair dismissal or a redundancy payment;
• any other default or breach of any other legal obligation by Provider to or in respect of a Worker including but not limited to breaches of health and safety legislation and occupier’s liability whilst the Worker is on the Provider’s premises;
• any act or omission of the Worker in connection with any services they perform for Provider under a Gig.

Part II

Access to the App

The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use each downloaded App.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this EULA or if any details you provide for the purposes of registering as a Worker prove to be false.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).

What you are allowed to do

You may only use the App in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, that App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store that App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in this EULA, you are not allowed to:

• republish, redistribute or re-transmit the App;

• copy or store the App other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;

• store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App;

• remove or change any content of the App other than User Content or attempt to circumvent security or interfere with the proper working of the App or any servers on which it is hosted;

• use the App in a way that might damage our name or reputation or that of any of our affiliates; or

• otherwise do anything that it is not expressly permitted by this EULA.

All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of them.

To do anything with the App that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of this EULA.

Third party platform providers and application stores

Certain third party platform providers with whose devices and/or operating systems the App has been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional third party terms. These provisions come from the relevant third party platform providers, not us.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

Intellectual property rights

We license, but do not sell, to you the App you download. We remain the owners of the App at all times.

All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under this EULA, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in the App and the relevant Open Source Licence Terms will be made available to you upon request.

Functionality and content

You agree that downloading, accessing and use of the App that is made available for download free of charge is on an ‘as is’ and ‘as available’ basis and at your sole risk.

We reserve the right to change the design, features and/or functionality of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources (including from Workers), for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

We cannot and do not guarantee that the App or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the App and its content.

Your personal information

Use of your personal information submitted to us is governed by our Privacy and Cookies Policy. Additionally, by using the App, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the App may be read or intercepted by others.

User content

The App allows you to submit user-generated content (User Content) and may also allow you to communicate that content, either to selected recipients or in public or semi-public areas, such as comments pages, chat rooms, and/or message boards (collectively User Content Areas). We do not control User Content submitted, nor are User Content Areas actively moderated. You are solely responsible for User Content as submitted by you or anyone on your behalf and acknowledge that all User Content expresses the views of its respective authors, and not our views.

If you submit any User Content, you must:

• keep it relevant to the purpose of the User Content Area to which you submit it and the nature of any topic;

• not submit any User Content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;

• not submit any User Content that contains any viruses and/or other code that has contaminating or destructive elements;

• not submit any User Content to a public or semi-public User Content Area containing any form of advertising; and

• not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.

Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion topic, at any time without notice to you.

Complaints about the content of any User Content must be sent to [support@gigtogig.co.uk] and must contain details of the specific User Content giving rise to the complaint.

External links

The App may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in this EULA shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
• for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses or for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £5,000

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under this EULA.

All notices given by you to us must be given in writing to the address set out at the end of this EULA.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law. You agree that any dispute between you and us regarding them or the App will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting us

Please submit any questions you have about this EULA or any complaint or concern in relation to the App by email to support@gigtogig.co.uk or write to us at:
Gig App ltd.
3 Albion Court,
Albion Place,
London,
W6 0QT

Additional terms from third party platform providers

Apple (are there any for google play necessary)

If the App that you download, access and/or use runs on Apple’s iOS operating system:

• that App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;

• you acknowledge and agree that:

• Apple has no obligation at all to provide any support or maintenance services in relation to that App. If you have any maintenance or support questions in relation to that App, please contact us, not Apple, using the Contacting us details in these terms;

• except as otherwise expressly set out in these terms, any claims relating to the possession or use of that App are between you and us (and not between you, or anyone else, and Apple);

• in the event of any claim by a third party that your possession or use (in accordance with these terms) of that App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

• although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;

• you represent and warrant that:

• you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and

• you are not listed on any United States Government list of prohibited or restricted parties; and

• if that App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that App or as a result of you or anyone else using that App or relying on any of its content.