Welcome to this application (the “Application” (comprising the Free Application and Subscription Application (Trial Subscription Application and Full Subscription Application) (as defined below)) brought to You by Poptacular Limited (“Us”, “We” or “Our”). In these terms of use (“Terms of Use”), “You” and “Your” means You the person using or visiting the Application.
These Terms of Use together with Our Privacy Policy set out how You may use the Application. The Privacy Policy is an essential part of these Terms of Use and by accepting these Terms of Use You also accept and consent to Our Privacy Policy.
By accessing or using the Application, You agree to be bound by these Terms of Use.
We may from time to time vary these Terms of Use. Please check the Terms of Use regularly to ensure You are aware of any variations or amendments made by Us. Your use of this Application will be subject to the version of the Terms of Use posted on this Application at the time of such use.
1.1. This Application is published and operated by Poptacular Limited, a company incorporated under English law (company number: 08530431) and whose registered office is at 7 Savoy Court, London, WC2R 0EX, United Kingdom.
1.2. If You would like to make a complaint about anything contained on the Application, please Contact Us using the following details: info@poptacular.com
2.1. You must be at least 13 years old to use the Application. By using the Application, You are confirming to Us that You are at least 13 years old. If You are not 13 years old, please do not continue to use the Application. Your use of the Application or any of the games made available via the Application may be terminated without warning if We have any reason to believe that You are under 13 years of age. If You are aged between 13 years old and 18 years old please review these Terms of Use and our Privacy Policy with Your parent or legal guardian to ensure that You and Your parent or legal guardian understand the terms and conditions contained in these Terms of Use and Our Privacy Policy.
2.2. We offer the following versions of the Application:
The Subscription Application (Trial Subscription Application and Full Subscription Application) provides You with certain features such as the ability to play offline, unlimited Hints, access to all Packs (see further Clause 3 below), and no adverts.
2.3. If You purchase a Full Subscription Application You may change Your mind for any or no reason and receive a full refund of the relevant Subscription Fee within 14 days from the day that You sign-up to receive the Full Subscription Application. Refunds will not, however, be provided if You access the Full Subscription Application at any time during this 14 day period.
Subject to Your continued compliance with these Terms of Use, We hereby grant to You, in the case of the Free Application until terminated in accordance with these Terms of Use, in the case of use of the Trial Subscription Application – for the Trial Period, and in the case of the use of the Full Subscription Application – for the applicable Subscription Period (each being the “Term”), a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Application for Your own personal, non-commercial entertainment.. If You breach any provision of these Terms of Use, this licence and
2.4. Your authorisation to use the Application will automatically and immediately terminate and You must immediately cease use of the Application.
2.5. You may not use the Application in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
2.6. Without limiting the foregoing, You agree that when using the Application You will not reverse engineer, decompile, disassemble or otherwise attempt to obtain the Application’s source code.
2.7. You agree to comply with all reasonable instructions that We may give You regarding Your use of the Application.
2.8. You are responsible for obtaining (at Your own cost) all necessary devices and telecommunications services required to access the Application. You are also responsible for ensuring that no person uses Your device to access the Application without Your permission. We will be entitled to assume that anyone who accesses the Application using Your device has Your permission to do so and You will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
3.1. We may make available via the Application certain in-game features that will allow You to purchase the ability to remove up to 2 (two) of the letters that appear in any particular in-game puzzle (each a “Hint”).
3.2. If You are using the Free Application, all Hints must be purchased via the Free Application using the Application’s virtual currency (“Coins”). Coins may be either earned by playing any of the games made available via the Free Application or purchased via the Free Application. You will also be charged if You wish to use additional Packs above the initial number that are provided to You. If You are using the Subscription Application (Trial Subscription Application or Full Subscription Application) then You will be provided with the relevant number of Coins to make Your purchase as part of the Trial Period or Your Subscription Fee and You will be provided with unlimited Packs. Coins can only be used in the Application to purchase Hints. Coins have no intrinsic monetary value and cannot be exchanged, sold, redeemed or otherwise transferred for money or money’s worth.
3.3. If You are using the Free Application, we reserve the right to determine, in our absolute discretion:
a) in what quantities Coins may be purchased via the Free Application;
b) how much to charge for any Coins and/or Packs made available via the Free Application;
c) how many Coins You will need to spend in order to purchase any Hints;
d) how many Coins You may earn during gameplay and when any such Coins may be earned; and
e) which of the Coins You have purchased or earned will be spent first when purchasing any Hints.
3.4. If You are using the Subscription Application (Trial Subscription Application or Full Subscription Application), then You will not be charged for any Hints. As stated in Clause 3.2 above, You will be provided with the relevant number of Coins to purchase any Hints that You request. You will also be provided with unlimited Packs.
3.5. Unless expressly authorised by Us, any Packs, Hint or Coins that You purchase or earn via the Application may only be used by You and may not be gifted, sold, licensed, redeemed, assigned or otherwise transferred to any other person.
3.6. If any Coin, Hint, or Pack is not delivered to You successfully, We may, after investigating the reason for the unsuccessful delivery and having determined that the reason for the unsuccessful delivery is not due to a breach by You of these Terms of Use, provide You with a replacement Pack or allocation of Coins (as appropriate) at our absolute discretion.
4.1. There is no charge to use the Free Application or the Trial Application.
4.2. There is a Subscription Fee due (as notified to You at the end of the Trial Period) for use of the Full Subscription Application. The amount of the Subscription Fee varies depending on the Subscription Period that You select. The Subscription Fee will be automatically charged to You at the end of each Subscription Period unless You cancel Your subscription at least 24 hours before the end of the current Subscription Period. You may cancel the auto-renewal feature and Your subscription at any time via Your account settings on the electronic marketplace from which You downloaded the Application. The cancellation will take effect the day after the last day of the current Subscription Period – no cancellation of the current Subscription Period is permitted. We will not refund You any Subscription Fee already paid to Us and any unused portion of Your Subscription Fee for the current Subscription Period will be forfeited. The licence granted to You in accordance with clause 2 will then be to the Free Application. You may then be charged to purchase any Hints, or Packs You elect to download via the Free Application (see Clause 3))
4.3. We will use the debit or credit card registered to Your account on the electronic marketplace from which You downloaded the Application to collect payment of Your Subscription Fee as well as any charges for purchases of Coins in the Free Application, or other Packs. 4.4. Any Coins that You purchase, as well as any Packs or Hints that are purchased are non-refundable. In particular, the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply.
4.5. We may change the Subscription Fee from time to time and will communicate to You any price changes. Price changes will take effect at the start of the next Subscription Fee and Your agreement to use the Full Subscription Application following the date of the price change is deemed to be an agreement to the new price. If You do not accept the price change that You have the right to reject it by unsubscribing prior to the price change coming into effect.
5.1. The Application may contain links to other websites that are owned by Us and/or links to third party websites that are not under Our control. By way of example, The Application may contain advertisements or links that, if selected by You, will take You out of the Application and to a third party’s website. We make no warranties or representations whatsoever about any third party websites which You may access through the Application or any services that are provided by any such websites.
5.2. Third party websites are in no way approved, vetted, checked or endorsed by Us and You agree that We shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that We are or that the Application is affiliated to or associated with such third party websites. If You decide to visit any other website, You do so at Your own risk. In addition, use of any other website may be subject to Your acceptance of additional terms and conditions, which We suggest You read carefully before proceeding.
6.1. For the purposes of these Terms of Use, “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
6.2. All Intellectual Property Rights in and to the Application and any and all games, features, content, materials and information made available via the Application are owned by and shall remain owned by Us or Our licensors at all times.
6.3. These Terms of Use are not intended to prevent You recording in manual form any individual item of information from the Application or disclosing any individual item of information from the Application, free of charge, to friends or relations for non- commercial purposes provided that You take all reasonable steps to ensure that any person to whom You may disclose that information complies with these Terms of Use.
We may offer entry into competitions and prize draws through the Application, and these may be subject to additional terms and conditions. Where such additional terms and conditions apply, this will be clearly notified to You and a link will be provided in order for You to read and accept the relevant terms and conditions before You enter the competition or prize draw.
8.1. WE WILL EXERCISE ALL REASONABLE SKILL AND CARE IN PROVIDING THE APPLICATION. HOWEVER, WE ARE NOT ABLE TO GUARANTEE THE AVAILABILITY OF THE APPLICATION OR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, MATERIALS OR INFORMATION ON THE APPLICATION THAT DERIVES FROM THIRD PARTIES (INCLUDING ANY OF OUR LICENSORS OR THIRD PARTY PARTNERS).
8.2. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE APPLICATION AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT GUARANTEE OF ANY KIND AND ANY CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING ANY WARRANTY OF RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.
8.3. WITHOUT LIMITING THE FOREGOING, WE CANNOT GUARANTEE AND DO NOT PROMISE THAT THE APPLICATION AND ALL GAMES, MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL MEET YOUR REQUIREMENTS. THEREFORE WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE APPLICATION AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THAT INFORMATION IS AT YOUR OWN RISK.
9.1. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
9.2. SUBJECT TO CLAUSE 9.1, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR:
a) ANY DIRECT LOSS, CLAIM OR DAMAGE;
b) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST SAVINGS OR LOSS OR CORRUPTION OF DATA); OR
c) ANY LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT), IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE,
WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH:
i. ANY USE OF THIS APPLICATION OR ITS CONTENTS OR ANY COMPETITIONS OR PRIZE DRAWS WHICH ARE ENTERED VIA THE APPLICATION;
ii. ANY FAILURE OR DELAY IN THE USE OF ANY COMPONENT OF THE APPLICATION (INCLUDING ANY PACK OR HINT) OR ANY SERVICE INCLUDING ANY UNAVAILABILITY OF THE APPLICATION OR THE SERVICES IRRESPECTIVE OF DURATION OF ANY PERIOD OF UNAVAILABILITY; OR
iii. ANY USE OF OR RELIANCE UPON ANY INFORMATION, MATERIAL, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION,
IN ALL CASES EVEN IF WE HAVE BEEN FOREWARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.3. WITHOUT LIMITING THE EFFECT OF CLAUSE 9.2, DUE TO THE INHERENT RISKS OF USING THE INTERNET, WE CANNOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR DEVICE OR ANY OTHER PROPERTY WHEN YOU ARE USING THE APPLICATION. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION MADE AVAILABLE VIA THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.
9.4. YOU AGREE TO INDEMNIFY US AGAINST ANY CLAIMS OR LEGAL PROCEEDINGS THAT MAY ARISE THROUGH YOUR USE OF THE APPLICATION OR FROM ANY BREACH OF THESE TERMS OF USE BY YOU.
9.5. WE WILL NOTIFY YOU OF ANY SUCH CLAIMS OR PROCEEDINGS AND KEEP YOU INFORMED AS TO THE PROGRESS OF SUCH CLAIMS OR PROCEEDINGS.
9.6. NOTHING IN THESE TERMS OF USE AFFECTS YOUR STATUTORY RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015.
10.1. We may remove the Application or cease providing any of the features, games or services provided via the Application at any time in Our absolute discretion for any reason whatsoever.
10.2. You may uninstall the Application from Your device at any time.
10.3. Neither Clause 10.1 nor Clause 10.2 will affect the accrued rights and liabilities of either You or Us as at the time of such removal or uninstallation.
We will only use any personal information that We may collect about You in accordance with Our Privacy Policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our Privacy Policy.
Link to privacy policy http://bit.ly/1nyEqiX
12.1. Any failure or delay by Us to enforce any of Our rights under these Terms of Use will not be taken as or deemed to be a waiver of that or any other right unless We acknowledge and agree to such a waiver in writing.
12.2. These Terms of Use are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.3. If any Clause or part of a Clause of these Terms of Use is or becomes invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
12.4. These Terms of Use and the Privacy Policy set out the full extent of Our obligations and liabilities concerning the Application and the services We provide via the Application and replace any previous agreements and understandings between Us and You.
12.5. Subject to Clause 9.1, You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into these Terms of Use other than any remedy You may have for breach of the express terms of these Terms of Use.
12.6. These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and You and Us each irrevocably agree to submit to the exclusive jurisdiction of the English courts.