Blinq Terms of Use

Last Updated: 27 June 2019.

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP AND/OR ACCESSING ANY CONTENT ON THE APP

These terms of service ("Terms") govern your use of the Blinq mobile application, and the services and software we provide from time to time through it (the "App") and any updates or supplements to it.

We, BLINQ GAMES LIMITED of Founders Factory, Northcliffe House, Young St, Kensington, London W8 5EH ("Blinq", "we", "us" and "our") licence use of the App to you on the basis of these Terms. We do not sell the App to you. We remain the owners of the App at all times.

You can contact us by emailing us in writing to info@playblinq.com.

AGE RESTRICTION AND CHILD SUPERVISION

YOU MUST GET YOUR PARENT OR GUARDIAN'S CONSENT TO YOU DOWNLOADING AND/OR USING THE APP INCLUDING ACCESSING ANY CONTENT ON THE APP.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE APP, INCLUDING TO SUBMIT ANY PERSONAL DATA TO US THROUGH OR IN CONNECTION WITH YOUR USE OF THE APP.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO DOWNLOAD, USE AND/OR ACCESS ANY CONTENT ON THE APP, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF YOUR CHILD'S ACTIONS AND AGREE THAT ANY PAYMENTS AUTHORISED BY YOUR CHILD WILL BE YOUR SOLE RESPONSIBILITY.

1. Important Notices

1.1 Please read these Terms carefully before accessing or using the App. By using the App, and/or indicating your acceptance when they are presented to you, you agree that these Terms will bind you legally. If you do not agree to these Terms, you must not use the App.

1.2 The terms contained in the section titled 'Disclaimer' and 'Your Liability' are particularly important.

1.3 The App is intended for your personal non-commercial use only, and that is the limit of your licence to use it.

1.4 Your access to and use of the App is also governed by our privacy and cookie notice located at https://playblinq.com/privacy/ or available through the App ("Privacy Notice").

1.5 You will need to have a Facebook account or mobile number to access the App. If you do not have a Facebook account and mobile number then you cannot access the App. The minimum system and compatibility requirements for the App are specified on the Facebook app store. If the device you use to access the App does not meet the minimum requirements, the App may not work on your device as intended, or at all.

1.6 We recommend that you keep a copy of these Terms and the Privacy Notice for your future reference. Please note that these Terms may be updated from time to time in accordance with clause 4.

2. Additional terms for specific features of the App

2.1 In addition, the following features of the App set out below will be governed by the following terms and conditions:

Feature/Game

Web address of terms of and conditions

Elimination

https://playblinq.com/game-terms/elimination/

Survivor

https://playblinq.com/game-terms/survivor/

Leaderboards

https://playblinq.com/game-terms/leaderboards/

3. Other terms also apply

3.1 The ways in which you can use the App may also be controlled by Facebook's rules and policies www.facebook.com/legal/terms and Facebook's rules and policies will apply instead of these terms where there are differences between the two.

3.2 The ways in which you can use the App may also be controlled by Apple Store and Google Play’s rules and policies (https://developer.apple.com/app-store/review/guidelines/ & https://play.google.com/about/developer-content-policy/ ) and Apple Store and Google Play’s rules and policies will apply instead of these terms where there are differences between the two.

3.3 If you have obtained the App from the Apple App Store please see clause 18.

4. Changes to these Terms

4.1 We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms through the App. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.

4.2 Your use of the App following any changes to these Terms will constitute your acceptance of such changes. The "Last Updated" legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the App; charge, modify or waive any fees required to use any part of the App; or offer opportunities to some or all App users.

5. Accounts

5.1 Account Creation

In order to use certain features of the App, including our online games, you must register for an account with us ("Account") and provide certain information about yourself (including but not limited to telephone number and/or Facebook account) as prompted by the Account registration form. We will use any such information in accordance with our Privacy Policy. You agree that you have no ownership or proprietary interest in your Account.

5.2 Accurate and up-to-date Information: the registration

The registration information you submit must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information on your Account. If any information you provide is or becomes untrue, inaccurate, or incomplete, Blinq has the right to suspend and/or terminate your access to and use of your Account and the App.

5.3 What to do if you want to delete your account

You can delete your Account at any time, for any reason, by emailing us at info@playblinq.com with the subject "Close My Account".

5.4 You are responsible for your Account

You are responsible for maintaining the confidentiality of your Account log-in information, including your username and password. You must not share your Account log-in information with any third party. Accordingly, you are responsible for all activities that occur under your Account or through the use of your username and password, whether or not authorised by you or without your knowledge.

5.5 Your username and password

You are responsible for ensuring that any username you select does not infringe any third party rights or is unlawful. Your selection and use of a particular username does not give you any ownership or rights in that username. Blinq may refuse to grant you a username in its sole discretion for any reason, including, without limitation, if it is illegal or offensive, if it impersonates or implies an association with another person

5.6 What to do if you become aware of, or suspect, unauthorised use of your Account

You must promptly change your password and notify us via email at info@playblinq.com if you suspect or become aware of any unauthorised use of your Account or any other breach of security.

5.7 Prohibition on use of another Account

You may not use anyone else’s account or permit anyone else to use your Account for any reason, at any time. You agree that Blinq will not be liable to you for any loss you may incur as a result of someone else using your Account. You also agree that you will be liable for any loss that Blinq or any third party may incur as a result of someone else using your Account, whether or not you were aware of such use.

5.8 Account suspension or termination

You agree that Blinq has the right in its sole discretion to suspend or terminate your access to and use of your Account and the App (or any part thereof) for any reason at any time.

6. The Licence

6.1 Blinq grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited, revocable licence to use the App for your own personal entertainment purposes, subject to these Terms.

6.2 Blinq does not grant you any other express or implied rights or licence in or to the App, and all right title and interest that Blinq has in the App not explicitly granted to you by Blinq or its licensors are retained by Blinq or its licensors.

6.3 You acknowledge that you have no right to have access to the App in source code form or in unlocked coding or any other human-readable form.

6.4 We reserve the right to modify, suspend or discontinue the App and the licence granted to you in whole or in part at any time, with or without notice. You agree that Blinq shall not be liable to you or to any third party for such modification, suspension or discontinuation.

6.5 You may share the App in accordance with Facebook's sharing rules. You may also share the App in accordance with family-sharing rules, family-group rules, and volume purchase rules of the app store where you obtained the App.

6.6 If you sell any device on which the App is installed you must remove the App from the device before you deliver the device to the buyer.

7. Restrictions

7.1 Your right to use the App is subject to the restrictions listed below. Except as expressly set out in these Terms or as permitted by any local law, you undertake:

(a) not to use the App for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful;

(b) not to interfere with the operation or fair play of the App and to comply with our Acceptable Use Policy (see below);

(c) not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of the App;

(d) not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video;

(e) not to copy the whole or any part of the App, except where such copying is incidental to the normal use of the App for its intended purposes, or where it is necessary for the purpose of back-up or operational security;

(f) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other product or service;

(g) not to remove any copyright, trademark or other proprietary rights notices from the App, and to include our copyright notice on any copies you make of the App on any medium;

(h) not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent such activities are permitted under applicable law;

(i) not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of the App (including object and source code), in any form to any person without prior written consent from us; and

(j) that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using the App.

8. Intellectual Property Rights

8.1 The App (including all information and materials that we provide on or through the App, including without limitation any data, text, pictures, graphics, audio, video, icons, games, software and upgrades, links and other content and features, and any upgrades, enhancements and/or modifications thereto) is protected by and embodies copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights (together, "Intellectual Property Rights").

8.2 You acknowledge that the App and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and will remain the property of Blinq and/or its licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use the App in accordance with these Terms.

8.3 You acknowledge that you have no right to have access to all or any part of the App in source code form.

9. User Content

"User Content" means any and all information and content or materials such as text, graphics, images, music, sound effects, photographs or other materials that you submit, post or transmit on or using the App, including through any ratings, comments, blogs, forums, email or other features. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or use by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that you own all User Content that you post and that you do not need any permission from any third party to post your User Content. You agree that you will not misrepresent the source, identity or content of any information sent, posted, transmitted or made available via the App (such as claiming that you own or created User Content or other work that is not actually yours).

9.1 How User Content cannot be used

You confirm and promise to us: that your User Content does not and will not violate our Acceptable Use Policy (see below at the section titled Acceptable Use Policy). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Blinq. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.

9.2 Backing up User Content

Blinq is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

9.3 Licence for Blinq to use your User Content

So that we can operate the App, and host and display your User Content (including by incorporating your User Content into the App) you grant (and confirm and promise to us that you have the right to grant) us a licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such licence is:

(a) irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;

(b) non-exclusive – you and, if you let them, other people can use your User Content;

(c) royalty-free and fully-paid – we don’t have to pay you or any other party (either now or in the future) to use your User Content in the fashion described above;

(d) worldwide – we can use your User Content in the fashion described above anywhere in the world; and

(e) sub-licensable – you allow us to authorise other businesses and individuals to use the licence described above, for the purposes of including your User Content as part of the App.

9.4 Moral rights waiver

You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

9.5 Do not send us confidential information in User Content

Please note that the User Content you provide to us or make available on or through the App will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other users via the App are public and not private communications, and that you have no expectation of privacy in respect of such communications. Any personal data you submit via ratings, comments, blogs, forums, email or other features of the App may be seen and used by other users. We strongly encourage you not to disclose your personal data via such ratings, comments, blogs, forums, email or other features. Blinq is not responsible for any information (including personal data) you communicate in this way.

9.6 Monitoring

You agree that we have no obligation to monitor User Content that you or any other person provides or makes available on or through the App. However, you agree that we may in our absolute discretion, monitor, alter, remove or refuse to post any such User Content for any reason. The opinions expressed in User Content reflect solely the opinion(s) of the user and do not necessary reflect the opinion(s) of Blinq. We are not responsible for the accuracy, truthfulness or completeness of any User Content and we will not be liable to you for any loss or damage caused by your reliance on such User Content.

10. Acceptable Use Policy

10.1 Protection of our reputation and third party rights

You agree not to use the App in any way:

(a) that violates any third-party right, including any Intellectual Property Rights;

(b) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;

(c) that is harmful to minors in any way; or

(d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

10.2 Protection of our systems

In addition, you agree not to:

(a) upload to, transmit, distribute, or otherwise make available through the App any computer viruses, worms, Trojan horse, time bomb, spyware, robots, bots, spiders or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any computer system, hardware, software, equipment or data;

(b) send through the App unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

(c) use the App to harvest, collect, gather or assemble information or data regarding other users, including email addresses, passwords or geo locations, without their consent or otherwise systematically download and store Site content;

(d) use any features of the App for anything other than their intended purpose, including exploiting any glitches for personal gain;

(e) interfere with, disable, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks;

(f) attempt to gain unauthorized access or provide automated access to or use of the App (or to other computer systems or networks connected to or used together with the App), whether through password mining, unauthorised scripts, scrapers or offline readers or any other means;

(g) attempt to impersonate another person or entity, including (without limitation) any representative of Blinq;

(h) stalk, harass, interfere with, restrict or inhibit any other user’s use and enjoyment of the App, including by bullying, grieving, shouting, flooding or using excessively large images so that the screen goes by too fast to read;

(i) interfere with or disable any security-related features of the App;

(j) make improper use of our support services, including by submitting false abuse reports; or

(k) assist, permit or encourage any person to perform any of the activities described above.

10.3 How might we enforce these Terms of Use if you violate them?

We reserve the right to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. The action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include: terminating these Terms and your right to use the App, and/or reporting you to law enforcement authorities or relevant rights holder.

11. Feedback

11.1 If you provide Blinq with any feedback or suggestions regarding the App ("Feedback"), you hereby transfer to Blinq all rights in such Feedback. You also agree that Blinq shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate.

11.2 Do not send us confidential information or personal data in Feedback: Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.

12. Third Party Services

12.1 Third Party Links & Ads

(a) The App may make available access to information, products, services and other materials made available by third parties, including links to third-party websites and services, and/or display/play advertisements for third parties (collectively, "Third Party Links & Ads"). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Links & Ads.

(b) Where the App contains links to Third Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse, control or make any promises with respect to Third Party Links & Ads, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Links & Ads, or any Intellectual Property Rights therein. Certain Third Party Links & Ads may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by Blinq with respect to any Third Party Links & Ads. We have no obligation to monitor Third Party Links & Ads, and we may block or disable access to any Third Party Links & Ads (in whole or part) through the App at any time. In addition, the availability of any Third Party Links & Ads through the App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Links & Ads.

12.2 You use Third Party Links & Ads at your own risk

You use all Third Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links & Ads, the applicable third party’s terms and policies (including terms of use and privacy policies) apply, no these Terms.

13. Disclaimer

13.1 The App is provided "as is" and, to the extent permitted by applicable law, we, and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the App will be uninterrupted or error free, that defects will be corrected or that the App or its content are free of viruses or other harmful components. You acknowledge that your access to the App may by interrupted for scheduled or emergency maintenance purposes, to fix bugs, or for security reasons. Access to the App may also be interrupted for reasons outside of Blinq's reasonable control.

13.2 If you are acting as a consumer and have paid for the App, Blinq is obliged to ensure that it is fit for purpose, as described, and of satisfactory quality.

13.3 You acknowledge that internet transmissions are never completely private or secure. Blinq cannot guarantee the confidentiality and integrity of any documents or information sent or received via the App once they are outside of Blinq's firewalls. This means that any document, message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

13.4 Without limitation to the preceding paragraphs, you may contact us at info@playblinq.com if you have support queries. We will make reasonable efforts to deal with your queries.

13.5 We attempt to ensure that information provided on or in connection with the App is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or maintenance of such information, including all descriptions, images, references, features, content, specifications, products and prices through, or of, the App. Such information is also subject to change at any time without notice. The inclusion of any products or services in the App at a particular time does not imply or warrant that these products or services will be available at any time.

13.6 Our responsibility for loss or damage suffered by you

(a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

(b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

(c) When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

(d) We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

(e) Limitations to the App. Blinq is not authorised by any examination board, school or education authority in the UK. The App is provided for general information and entertainment purposes only. The App hasn’t been built for any specific examination board or academic curriculum in the UK. The App does not replace any literature or revision material published by any schools, education authorities or otherwise. You should not seek to rely solely on the App for revision purposes.The App does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

(f) Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

(g) Check that the App and the Services are suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the relevant app store) meet your requirements.

(h) We are not responsible for events outside our control. If our provision of the support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.

14. Your Liability

You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the App and you agree to assist and cooperate with us in relation to any such claim.

15. Availability

15.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for valid commercial reasons without liability to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes.

15.2 You also acknowledge that unplanned system outages may occur

(a) The App is provided over the Internet and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the App or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.

(b) In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App.

16. Terminating these Terms

16.1 We may terminate these Terms (including the rights and licences granted to you) immediately by written notice to you for any reason, including if you commit a material or persistent breach of these Terms.

16.2 Upon such termination for any reason:

(a) all rights granted to you under these Terms shall cease;

(b) you must cease all activities authorised by these Terms;

(c) we may cease providing you with access to the App; and

(d) you will not be compensated for any time you have spent using the App.

17. Communications between us

17.1 How can you contact us

If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can send this to us by email to info@playblinq.com.

17.2 How we may contact you

If we have to contact you or give you notice in writing, we will normally do so by email to an email address you have provided, or through the App.

17.3 Other important terms

(a) We may transfer these Terms to someone else

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.

(b) Nobody else has any rights under these Terms of use

These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

(c) If a court finds part of these Terms unlawful or unenforceable, the rest will continue in force

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

(d) Even if we delay in enforcing these Terms, we can still enforce them later

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

(e) These Terms and our Privacy Notice are the entire agreement between you and Blinq relating to the subject matter in these Terms and our Privacy Notice. They supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

(f) Which laws apply to these Terms and where you may bring legal proceedings

These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are resident in another country in the UK, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the UK country in which you live.

18. Please read this section if you obtained the App from the Apple App Store:

If you obtained the App from the Apple App Store, this section explains how responsibility for the App is allocated as between Blinq and Apple. If you obtained the App from Google Play or another app store, this clause 18does not apply to you.

(a) These Terms are between Blinq and you. These Terms are not between you and Apple.

(b) Blinq's responsibilities and liabilities to you are explained in the other sections of these Terms.

(c) Blinq, not Apple, is solely responsible for the App and its content.

(d) Apple has no obligation to provide any maintenance or support services for the App.

(e) Blinq, not Apple, is responsible for any product warranties in relation to the App.

(f) If the App does not conform to a warranty given by Blinq, you may notify Apple, and if you have paid a purchase price for the App, Apple will refund you the purchase price. Apple has no other warranty obligation in respect of the App.

(g) Any other claim that you might have in relation to the App is Blinq's sole responsibility (and not Apple's) and will be determined in accordance with the law and these Terms.

(h) Blinq, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your use or possession of the App. This includes: product liability claims; (ii) any claim that the App does not comply with any law; and (iii) consumer protection, privacy and similar claims.

(i) If a third party claims that the App or your use or possession of the App infringes that third party’s intellectual property rights, Blinq, not Apple, will be solely responsible for investigating, settling, defending and/or discharging the claim.

(j) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Apple and its subsidiaries may enforce these Terms in accordance with the Contracts (Rights of Third Parties) Act 1999. Apart from this, no other person has rights under the Contract (Rights of Third Parties) Act 1999 to enforce these Terms. There is no requirement to obtain consent from Apple, any Apple subsidiary or any other person who is not a party to these Terms in order to rescind, vary, suspend, enforce or terminate these Terms, or to assign or transfer any rights or obligations, or to grant any waiver under these Terms.

(k) You warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.