Terms of Service

Nobly POS System Subscription Terms

By accessing the NOBLY POS System, you agree to be bound by these Conditions together with our Privacy Policy.

If you do not agree to be bound by these Conditions and/or our Privacy Policy, do not use, access and/or subscribe to the NOBLY POS System. If you have any questions, contact us at hello@noblypos.com.

These Conditions may be updated from time to time and the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Conditions so that you are aware of any changes to them.

KEY TERMS
  • Subscriptions are either 30 days or 12 months rolling terms.
  • Subscription fee is paid per iPad onto which the App is downloaded.
  • Nobly POS is not liable for the actions of any payment provider or other third party content.
  • Nobly POS may terminate your subscription if you breach these Conditions.
  • Nobly POS’s liability is limited – please see Condition 11.
  • Support terms are included in our SLA.
  • You are responsible for all content you upload, including personal data of your own customers.

Definitions and Interpretation
 
1.1 In these Conditions, the following words have the following meanings:

App: the Nobly POS mobile application;
Confidential Information: has the meaning given to it in Condition 9;
Customer, you: the party wishing to use the System;
Customer Content: all material uploaded to the System by the Customer, including all documents, images, data and databases together with all Personal Data;
Data Protection Legislation: (a) unless and until it is no longer directly applicable in the UK, the General Data Protection Regulation EU 2016/679 any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (b) any successor legislation to the General Data Protection Regulation EU 2016/679 or the Data Protection Act 1998;
Device: the electronic devices that support the App
Fee: the fee due to Nobly POS to access and use the System calculated in accordance with the provisions of the Fee Page;
IP Rights: any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Nobly POS, us: Global Retail Technology Limited a company registered in England and Wales with company number 08752427 and registered office at Screenworks, 22 Highbury Grove, Studio 403, London, United Kingdom N5 2ER;
Personal Data: shall have the meaning given to it in the Data Protection Legislation;
System: the App, the Nobly POS website platform, and all other software made available to the Customer, including all error corrections, patches, new releases and new versions together with all System Content;
System Administrator: has the meaning given to it in Condition 2.2;
System Content: all content and information contained and/or accessible within the System;
Third Party Platform: any third party platform that can be accessed through the System;
Third Party Platform Provider: the owner or provider of the Third Party Platform;
User: your employees authorised to use the System by downloading the App to a Device; and
Working Day: a day other than a Saturday, Sunday or public holiday in England.
1.2 Words in the singular include the plural and in the plural include the singular.
1.3 The headings shall not affect the interpretation of these Conditions.
1.4 References to Conditions are references to the numbered provisions of these Conditions.
1.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
1.6 Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.

2. Registration

2.1 If you wish to register to subscribe to the System, you must be entitled to represent your company or other organisation and bind them to these Conditions. You must provide us with accurate and current information and if there is any change to the information that you provide to us, you must immediately update your account. At our request, you shall promptly provide written evidence of the validity of information that you provide to us.
2.2 You shall designate one contact as the responsible party for communication (the "System Administrator"). Your System Administrator may authorise Users to download and access the App subject to payment of the Fee for each active register.

You shall ensure that each User shall acknowledge the obligations and restrictions under these Conditions and the Privacy Policy and agrees to comply with the same. You shall immediately notify us if you become aware of any breach of the terms of these Conditions by any User. You shall be responsible for all access to and use of the System by Users.

You shall be responsible for ensuring the security and confidentiality of all log-on identifiers, including passwords, assigned to, or created by, you or any User in order to access or use the System and you acknowledge and agree that you are solely responsible for all activities that occur under such log-in identifiers. You shall promptly notify us upon becoming aware of any unauthorised access to or use the System, and provide all reasonable assistance to bring an end to such unauthorised access or use.

3. Third Party Platforms

3.1 If you wish to access any Third Party Platform, you must have a fully paid up, current license from the relevant Third Party Platform Provider. You warrant and represent that you shall comply with the license terms set by Third Party Platform Provider. You shall immediately notify us if your license to access such Third Party Platform ceases for any reason whatsoever and you agree that in such circumstances, you shall cease to access the Third Party Platform and at our option we shall be entitled to terminate your subscription to the System.
3.2 If at any time a Third Party Platform Provider ceases to permit Nobly POS to integrate with all or part of the Third Party Platform, you agree that we shall be entitled to amend your access to the System and the Third Party Platform accordingly. In such circumstances, we shall have no liability or responsibility to you in any manner whatsoever, including any obligation to refund any part of the Fee.
3.3 You agree that any Third Party Platform Provider shall be entitled to access your Customer Content and the System Content.
3.4 We shall not be liable for the acts or omissions of any Third Party Platform Provider including use of the Customer Content by any Third Party Platform Provider. In particular, Nobly POS does not support credit card processing and is not PCI compliant. Accordingly, any credit card processing through a Third Party Platform is at the Customer’s own risk.

4. License

4.1 Subject to the these Conditions and receipt of the Fee, Nobly POS grants to you the non-exclusive, non-transferable right and license to download, access and use the System for your lawful, business purposes. You may only download and use the App on a Device.
4.2 Only your Users shall be entitled to exercise the rights granted to you under Condition 4.1 and you have no right to sub-license your rights under Condition 4.1.
4.3 You shall comply with all reasonable instructions of Nobly POS relating to the System. Nobly POS may, at its sole discretion, provide upgrades and new releases of the System from time to time and shall use its endeavours to provide 48 hours notice of any changes to the System.
4.4 If at any time your access to and/or use of the System is excessive and as a result impacts on other clients’ ability to use the System, we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use.
4.5

You shall not, and shall not permit or assist any third party to:

(a) attempt to view, access or copy any content or data other than that to which the Customer is authorised to access;

(b) translate, adapt, disassemble, reverse engineer, decompile or copy the whole or any part of the System, nor arrange or create derivative works based on the System except to the extent permitted by law not capable of exclusion by agreement;

(c) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the System;


(d) combine, match or merge the whole or any part of the System with or incorporate the System into any third party code;


(e) distribute, sell, sub-license, lease, resell or purport to assign access to the System;


(f) attempt to undermine the security of the System;


(g) access the System to build a competitive product or service or to build a product using similar ideas, features, functions or graphics;


(h) make available online all or part of the System through the Internet, or any intranet;


(i) remove or alter any copyright or other proprietary notice on any part of the System; and/or


(j) take any action in an attempt to obtain any other Nobly POS user’s data, cause malfunction, crash, tamper with or otherwise impair the System.

4.6 You agree that we shall be entitled to record your access and use of the System for the purposes of diagnosing and fixing problems, training and support. We may transfer such records to third parties for the purposes of analysis and processing. No Personal Data shall be included in the records that we transfer to third parties, and we shall use reasonable endeavours to ensure that such third parties keep all such records confidential.

5. System Availability

5.1 Nobly POS shall use reasonable endeavours to make the System available at all times, but the Customer acknowledges that there may be occasions when access to the System may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Nobly POS shall use reasonable endeavours to comply with the Service Level Agreement for the System. The current Service Level Agreement is set here [link].
5.2 Subject always to Conditions 6 and 11, we agree to use our reasonable endeavours to keep secure the System and your Customer Content and we shall promptly notify you if there is any loss of your Customer Content at any time.
5.3 Nobly POS reserves the right to remove any content or features from the System for any reason, without prior notice, and shall have no liability or responsibility to the Customer in any manner whatsoever in such circumstances, save to refund pro-rata any Fees paid in advance in respect of any significant content or features suspended or stopped that you previously accessed and used. We shall calculate such pro-rata refund at our sole discretion, provided that we shall act reasonably in doing so.

6. Customer Content

6.1

You warrant and represent that the Customer Content will not:

(a) breach the provisions of any law, statute or regulation;
(b) infringe the IP Rights or other legal rights of any person; 
(c) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(d) be deliberately or knowingly false, inaccurate or misleading; and/or
(e) give rise to any cause of action against Nobly POS.

6.2 You further warrant and represent that you shall use industry standard virus detection software to try to block the uploading of Customer Content that contains viruses or other malicious code.
6.3 Nobly POS is not responsible and accepts no liability for Customer Content. Nobly POS does not actively monitor any Customer Content, but you agree that at any time Nobly POS shall be entitled to delete any Customer Content that Nobly POS reasonably believes is in breach of Condition 6.1.
6.4 You grant to us a non-exclusive, worldwide, royalty-free right, together with the right to sublicense to Third Party Platform Providers, to reproduce all IP Rights in the Customer Content for the purposes of these Conditions and in order to make the System including the Third Party Platforms available to you. If you wish to terminate this license and request that we delete your Customer Content at any time you should exercise your right to terminate your subscription under Condition 12.
6.5 In the event of any loss or damage to Customer Content, your sole and exclusive remedy shall be for Nobly POS to use reasonable commercial endeavours to restore the lost or damaged Customer Content from the latest back up of such Customer Content maintained by Nobly POS. You acknowledge and agree that this process will overwrite the Customer Content stored on the System prior to the restoration. Accordingly, you shall separately maintain up-to-date copies of the Customer Content.
6.6 You agree that much of the System Content that you access is based on and reflects the information in the Customer Content. Accordingly, you must make sure that the Customer Content is accurate and complete. You agree to review the System Content before you use it, and you shall notify Nobly POS of any errors in the System Content. We shall promptly amend such errors, except where such errors arise as a result of any information in the Customer Content. We shall have no liability for any errors in the System Content based on the Customer Content.
6.7

If your Customer Content includes Personal Data, you shall notify us of the subject matter of the Personal Data and the categories of data subjects. We shall process the Customer Content for the duration of your access to the System and only for the purposes of your access to the System. You warrant that in providing Personal Data to us:

(a) you have complied with the Data Protection Legislation in processing such Personal Data;

(b) you shall only provide such Personal Data as is necessary for your normal business purposes; and

(b) by providing the System to you, we may lawfully process such Personal Data in accordance with the requirements of the Data Protection Legislation.

6.8

If and to the extent we are deemed to be a processor of the Personal Data as defined in the Data Protection Legislation, we shall:

not transfer the Personal Data to any third party except where necessary a Third Party Platform Provider without your prior specific or general written authorisation;

ensure that our personel authorised to process the Personal Data have agreed to keep the Personal Data confidential;

taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk;

taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject’s rights under the Data Protection Legislation;

at your choice, delete or return all Personal Data to you on termination of your subscription to the System and delete all copies subject to any other legal requirements;

make available to you all information necessary to demonstrate compliance and assist you in meeting your legal obligations in relation to the security of processing, the notification of Personal Data breaches and data protection impact assessments;

submit to audits and inspections by you or your auditor to ensure that we are complying with our obligations under this Condition 6.8 subject to reasonable notice and in any event only during our normal working hours; and 

notify you if we are requested to take any action in breach of any Data Protection Legislation.


7. Fees

7.1 Any free trial that we may offer from time to time begins on the date that the first System Administrator registers with the System. On completion of any free trial, if you wish to continue to use the System, you shall provide us with your payment details and we shall charge you the Fee. The Fees are calculated in accordance with the Fee Page.
7.2

If at any time you fail to pay an instalment of the Fee by the due date, we reserve the right to:

(a) claim costs and interests on any outstanding amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;

(b) cease to make the System available to you; and/or

(c) delete all Customer Content.

7.3 You acknowledge and agree that we shall be entitled to increase the Fees at any time on written notice to you. Your continued access and use of the System shall constitute your acceptance of the increased Fees.

8. IP Rights

8.1 You agree that no IP Rights that subsist in the System shall transfer to you under these Conditions. We acknowledge that you retain the IP Rights in the Customer Content.
8.2 You grant to Nobly POS the right and license to use your name and any associated logo in any and all promotional and marketing materials, including online materials.
8.3

You shall promptly notify Nobly POS of any claim, notification or allegation that you receive that your use of the System infringes the IP Rights of any third party (a Claim). You shall:

(a) not make any admission of liability, agreement, settlement or compromise in relation to a Claim without Nobly POS's prior written consent;

(b) give to Nobly POS and its professional advisers all reasonable assistance as may be required in relation to a Claim;

(c) at Nobly POS’s request, give Nobly POS the exclusive control and right to defend a Claim and make settlements in relation to a Claim; and

(d) mitigate your losses in relation to a Claim, including where requested to do so by stopping using the System.

8.4 On receipt of a notice under Condition 8.3, Nobly POS shall at its sole expense either procure for the Customer the right to continue accessing and using the System or modify or replace the infringing part of the System without to avoid the infringement.

9. Confidential Information

9.1 Confidential Information shall mean all information whether written or oral and in whatever medium and relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by one party (the Disclosing Party) to the other party (the Receiving Party).
9.2 The Receiving Party shall not, and shall ensure that its employees shall not, use copy or disclose any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Conditions.
9.3 The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to those of its employees to the extent that they need to know the same in order to carry out its obligations under the Conditions and where those employees are bound by written obligations of confidentiality and non-use and such obligations apply to the Confidential Information disclosed to them.
9.4

The provisions of Conditions 9.1, 9.2 and 9.3 shall not apply to any Confidential Information which:

(a) is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party; 

(b) is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or 

(c) is required to be disclosed by any court, government or administrative authority competent to require disclosure.


10. Warranties, Indemnity

10.1

Each of the parties represents, warrants and undertakes that:

(a) it has the right, power and authority to enter into these Conditions and to perform fully all of its obligations under these Conditions; and
(b) the performance of these Conditions shall not breach any other agreement entered into by it.

10.2

Subject to these Conditions, Nobly POS warrants that it shall:

(a) provide access to the System with reasonable skill and care; and

(b) use industry standard virus detection software in relation to the System.

10.3

You warrant and represent that you are not a consumer and that you are acquiring the right to access and use the System for the purposes of a business. Accordingly, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect consumers in any jurisdiction does not apply to the license of the System and/or these Conditions.

You warrant that you have not relied on any oral representation made by or on behalf of Nobly POS, or on any descriptions, illustrations or specifications contained in any materials, including online materials, produced by Nobly POS which are only intended to convey a general idea of the System. You confirm that in your opinion, the System is fit for your purposes.

You shall indemnify Nobly POS its directors, representatives and agents from and against all direct and indirect costs, claims, losses, expenses, damages and liabilities however arising as a result of or in connection with: any failure by you to obtain or renew a license in accordance with Condition 3; and/or

(b) use by Nobly POS of the Customer Content in accordance with the terms of these Conditions.


11. Disclaimer, Limit of Liability

11.1 YOU ACKNOLWEDGE THAT THE SYSTEM IS PROVIDED FOR INFORMATION ONLY AND SHOULD NOT BE RELIED ON AS TAX, ACCOUNTING, LEGAL OR FINANCIAL ADVICE, RECOMMENDATION, ARRANGEMENT OR OPINION.
11.2 DURING YOUR FREE TRIAL, YOU AGREE TO USE THE SYSTEM TO ENSURE THAT IT IS FIT FOR YOUR PURPOSES AND OF SATISFACTORY QUALITY. IF YOU DO NOT SO AGREE, YOU SHOULD NOT PURCHASE A SUBSCRIPTION TO THE SYSTEM. ACCORDINGLY, THE SYSTEM IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO CONDITION 10, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE SYSTEM (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE, AVAILABILITY AND NON-INFRINGEMENT ARE EXCLUDED.
11.3

NOBLY POS WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE, AS A RESULT OF OR IN CONNECTION WITH THE SYSTEM FOR ANY:

(A) ECONOMIC LOSS (INCLUDING LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS);

(B) LOSS OF REPUTATION OR GOODWILL;

(C) LOSS OF DATA OR CONTENT; AND/OR


(D) SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

11.4 NOBLY POS’S AGGREGATE LIABILITY TO THE CUSTOMER UNDER THESE CONDITIONS OR OTHERWISE IN RESPECT OF THE SYSTEM SHALL BE LIMITED TO THE FEES RECEIVED BY NOBLY POS FROM THE CUSTOMER FOR THE SYSTEM DURING THE 6 MONTHS BEFORE THE DATE THE CLAIM AROSE.
11.5 Nothing in these Conditions shall limit or exclude a party’s liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other loss that cannot lawfully be excluded or limited.

12. Subscription Term and Termination

12.1 Subscription to the System is either on the basis of a rolling 30-day subscription or a 12-month subscription. At the end of each subscription term, your subscription to the System shall automatically renew on the same duration, unless before the end of the then current subscription, you notify Nobly POS at hello@noblypos.com that you wish to terminate the subscription, provided that no refund of any Fee paid shall be due to the Customer following such termination. For the avoidance of doubt, you cannot terminate automatic renewal of a subscription by telephone.
12.2 Either party may terminate their subscription to the System, at any time, immediately by giving the other written notice if the other:

(a) materially breaches any term of these Conditions and it is not possible to remedy that breach;

materially breaches any term of these Conditions and it is possible to remedy that breach, but the other fails to do so within 5 Working Days of being requested in writing to do so; or

becomes insolvent, makes composition with its creditors, has a receiver or administrator of its undertaking or the whole or a substantial part of its assets appointed, or an is order made, or an effective resolution is passed, for its administration, receivership, liquidation, winding-up or other similar process, or has any distress, execution or other process levied or enforced against the whole or a substantial part of its assets, or is subject to any proceedings which are equivalent or substantially similar to any of the foregoing under any applicable jurisdiction, or ceases to trade or threatens to do so.

For the purposes of this Condition 12.2 in order for it to be possible to remedy a breach it must be possible to take steps so as to put the other party into the same position which (save as to the date) it would have been in if the breach had never occurred.
12.3

On termination of subscription to the System for any reason:

(a) you shall cease to access the System and delete the App from all devices in your control; and

(b) Nobly POS may retain all Customer Content for no more than 12 months, but provided that at the Customer’s request, Nobly POS shall give to the Customer [24 hours to download the Customer Content].

12.4 The following Conditions shall remain in force notwithstanding termination: Conditions 6.1, 6.2 (Customer Content), 8.1, 8.2 (IP Rights), 9 (Confidential Information), 10.1, 10.3, 10.4, 10.5 (Warranties), 11 (Disclaimer, Limit of Liability), 12.3, 12.4 (Termination), 14 (Dispute Resolution), 15 (General) and 16 (Governing Law & Jurisdiction).

13. Force Majeure

13.1 For the purposes of this Condition 13, an event of Force Majeure means any event beyond the reasonable control of either party, including change in laws or regulations, war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, failure of suppliers or subcontractors, riot, civil commotion, accident, act of God, fire, flood and storm.
13.2 If a party is prevented, hindered or delayed from or in performing any of its obligations under this Agreement by an event of Force Majeure, the affected party’s obligations under this Agreement are suspended without liability while the event of Force Majeure continues and to the extent that it is prevented, hindered or delayed.
13.3 If performance of any obligation under this Agreement is prevented, hindered, or delayed due to an event of Force Majeure either party shall be entitled to terminate these Conditions on written notice to the other party.
13.4 The provisions of Condition 13 shall not be relied on in relation to the inability to pay any Fees due under these Conditions.

14. Dispute Resolution

14.1 If a dispute arises between the parties under these Conditions, then within 5 Working Days of the dispute arising, the dispute shall be escalated by each of the parties to a director. If the directors are unable to resolve the dispute within 10 Working Days, then the directors shall refer the dispute to the chief operating officer, or such person of equivalent seniority. If such persons are unable to resolve the dispute within a further 10 Working Days, then the parties shall be entitled to pursue legal action under Condition 16.
14.2 Nothing in Condition 14.1 shall prevent a party taking action under Condition 16 in respect of misuse of the System.

15. General

15.1 These Conditions contain the entire agreement of the parties with respect to the access to the System and supersede all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, with respect to the subject matter of these Conditions.
15.2 The Customer shall not assign or delegate its rights or obligations under these Conditions, in whole or in part, to any third party by operation of law or otherwise, without the prior written consent of Nobly POS. Any attempted assignment or delegation that does not comply with this Condition 15.2 shall be of no effect.
15.3 Any failure to enforce any provision of these Conditions shall not constitute a waiver thereof or of any other provision.
15.4 If any provision of these Conditions is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.
15.5 Nothing in these Conditions shall create or imply an agency, partnership or joint venture between the parties. Neither party shall act or describe itself as the agent of the other party nor shall either party have or represent that it has any authority to make commitments on behalf of the other.

16. Governing Law & Jurisdiction

16.1 These Conditions are governed by and will be construed in accordance with the laws of England and Wales.
16.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any legal actions or proceedings arising out of or in connection with these Conditions, save that this submission will not preclude any party from applying to any other court having jurisdiction for urgent or interim relief in aid of proposed or pending proceedings in England.

17. Additional Terms for Users who download the App from the Apple iTunes App Store

17.1 We both acknowledge that these Conditions are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content of the App.
17.2 The license granted to you for the App is limited to a non- transferable license to use the App on an iPad that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.
17.3 We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Conditions. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
17.4 We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
17.5 We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
17.6 We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
17.7 You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
17.8 We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Conditions, and that, upon acceptance of these Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Conditions against you as a third-party beneficiary thereof.