ελ en

Terms and Conditions for Use of McDONALD’S APP GREECE

Last Updated: 15th of November 2023

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS). THEY CONTAIN LIMITATIONS ON PREMIER CAPITAL’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

These terms and conditions (Terms) is a legal agreement between you (End-user or you) and Premier Capital Hellas SA (“Premier Capital”, “we” or “us”) with Commercial Registry no. 001246501000 which operates from its headquarters at 9 Kleisouras str., 14452, Metamorfosi, Athens, Greece for:

    McDONALD’S APP GREECE, mobile application software, the data supplied with the software, and the associated media (App); and

    [online OR electronic] documents (Documents).

We license use of the App and Documents to you on the basis of the Terms and subject to any rules or policies applied by any appstore provider or operator from whose site, located at Android: Play Store, iOS: Apple Appstore (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES A MOBILE DEVICE INTERNET ACCESS AND ADROID 8.0 OR NEWER OR iOS 13 OR NEWER.

By installing, accessing or using the App on which the Terms are posted or referenced (you are entering into a binding agreement with Premier Capital.

Please also refer to our Privacy Statement, which is incorporated into, and part of, this agreement and describes how we collect, use and share information.

The App is not intended to be used by, or targeted to, anyone under the age of sixteen (16) years old. You must be at least sixteen (16) years old to use the App. If you are not yet sixteen (16) years old, then you must not use the app. Premier Capital reserves the right to request by the users proof that they are of age to use the App and to terminate a user account if it is found out or suspected that the App is being used by minor below the age of 16 years.

If you are 16 years old to 18 years old and your parent or guardian does not agree to the Terms, then you must immediately stop using the App and request that Premier Capital closes any App account that you have created. You can request account deletion by sending an email to info@gr.mcd.com. Please include the email address of the account that you want deleted.

When creating an account in the App users must provide their true and accurate personal information. Premier Capital reserves the right to require by the users proof of identification. Declaring false or inaccurate information is subject to sanctions of the relevant legislation and Premier Capital reserves the right to terminate a user account and report to the authorities any such event if it is found out or suspected that user has provided false or inaccurate information.

1. About the App

1.1 The Terms apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App [or any Service], unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this Terms.

1.2 Obey the rules of the road.. Whenever you use the App, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE APP WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the App when it is lawful and safe to do so.

1.3 You are responsible for your devices and accounts. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 6.2(a) (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You are responsible for any devices, software and services needed to use the App. Premier Capital does not guarantee that the App will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the App, including when we communicate with you by text, email or other means that you choose. If you create an App account, you are responsible for keeping the account secure and for all activity under the account. You can only use one App account and must keep your account information accurate at all times.

1.4 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

1.5 Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6 Updates to the Terms. Premier Capital may also update the Terms at any time and at its sole discretion. If Premier Capital makes material changes to the Terms, we will notify you by any reasonable means such as by posting the new terms in the App. The new terms may be displayed on screen and you may be required to read and accept them to continue your use of the App and the Services. If you do not agree to the changed terms, then you must immediately stop using the App and request that Premier Capital closes any App account that you have created. To close your account, you can email us at info@gr.mcd.com.

1.7 Certain Services including RESTAURANT FINDER, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device.

1.8 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.9 How to contact us. If you have any questions or comments regarding the App, please see the Contact Us section in the App or you can always visit https://mcdonalds.gr/en/contact/.

2. Our information practices and communications with you.

2.1 The Terms incorporate the Privacy Statement as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.

2.2 How we communicate with you. We communicate with you and we send you communications according to the Privacy Statement. Also, through the Mobile App, you may opt in to receive emails from Premier Capital. When you opt in to this type of communication, you understand and consent that that you will receive marketing, transactional and other messages from Premier Capital. Premier Capital may use the information you have provided to us to communicate with you in accordance with Privacy Statement.

2.3 Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the App. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for the App. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your App account.

3. Sending orders to restaurants

This section applies to any orders to restaurants you place using the App. Please read this section before you send any orders to restaurants using the App.

3.1 About ordering. The purpose of ordering is to provide customers with a convenient way of building orders for products in advance and submitting their orders at a participating restaurant.

In order to place an order using the online services you need to have a registered online services account. The following information is required for registration: first and family name, and email-address.

3.2 Registering your payment method. Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) to use with your orders. All payments will be made through Adyen, which is a third-party payment provider. Before completing your transactions via the App you must read and accept the terms and conditions of the Adyen. The credit/debit card number is only available to Adyen. You represent and warrant that you are of sufficient age and have all legal rights to use all payment cards you register.

3.3 You purchase products directly from restaurants. When you use ordering, you submit orders directly to a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you. You further understand and agree that you are purchasing directly from restaurants (and not McDonald’s Corporation or any other McDonald’s entity) and that neither McDonald’s Corporation nor any other McDonald’s entity have any responsibility arising out of or related to any products that you purchase from restaurants using ordering.

3.4 Building, paying and sending your order to a restaurant. You can use ordering to build your order and send it to a participating restaurant that you select. You make your purchase, and your payment card is charged when you press “Please order and pay Now” on the App. You will receive an order code. Orders made must be collected in person from the selected restaurant.

3.5 Your Order Options. You can select the following options to pick up your online order: curbside (only available in some locations), counter, table service or drive thru.

3.6 Preparing your Order. All products are subject to availability at the restaurant where you collect your order. When you select your restaurant, you will see the breakfast or main menu serving time for that restaurant. When you select your pick up option for counter or drive thru, you will see the serving time for each option (For example 6am - midnight). If you arrive after the restaurant has closed, then you will not be able to collect your order and the payment will not be refunded. Please ensure you can arrive in time before you confirm and make payment.

When placing your order for pick up at the counter you will see a message informing you of the approximate number of minutes to prepare your order. Once you confirm and pay your order will be prepared. If you have location services activated and you are far from the restaurant you may see a message for you to confirm you are ready to pay and for the order to be prepared. If you do not have location services activated your order will be prepared immediately after payment. Please ensure that you can arrive in good time.

When placing your order for pick up at the drive-thru, you confirm and pay but your order will not be prepared until after you arrive at the drive-thru and provided your order code. If you select pick up at drive thru and you arrive after the menu change over or if any of your selected products are no longer available, then you will need to speak to a crew member.

When placing your order for pick up at curbside or for table service, once you arrive, you need to enter your curbside or table number into the App before you can pay. Once you confirm and make payment your order will be prepared. Once the order is ready, a crew member will greet you at your curbside or table and deliver your order.

Some restaurants do not sell all products. Images of products and packaging on the App are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.

3.7 About the prices in ordering. Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

3.8 Location Services. You may need to enable location services on your device to benefit from the automatic selection of your nearest restaurant and a location check if you are far away when you submit and pay for your order. If you do not have location services enabled, or if you do not wish to order from your nearest restaurant you will have selection the restaurant manually.

3.9 Paying for your order. When you submit “Pay Now” you authorize the restaurant to process your order. The restaurant’s payment service provider will process your payment and charge the payment card you selected when you built your order. You may receive a notification within the ordering feature that the restaurant has accepted your order and is preparing it. You own the products after you have collected them.

3.10 What if I have an issue with a payment or want a refund? Please contact your bank if you have any questions about charges reflected on your payment card statement or to dispute a restaurant transaction for a charge on your payment card. Your bank can advise you on your bank policy and can tell you their policy on when they release pending charges.

3.11 What should I do if I suspect fraudulent activity on my account? If you believe incorrect or unauthorized charges appear on your account, you should immediately contact your bank. You should also immediately update your password. Security experts recommend that individuals use good password complexity and different username and password combinations for each account.

3.12 Cancelling your order, refunds and your consumer rights. You can update or abandon your order at any time until you confirm and pay for your order. However, once you confirm and pay for your order you cannot cancel it. If you desire to seek a refund, including if the products are unsatisfactory or for any other reason, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.

4. "MyMcDonald’s Rewards" Loyalty Program

You have the possibility of participating through the App in the loyalty program of Premier Capital for its customers under the name “MyMcDonald’s Rewards” via the “MyMcDonald’s” section in the App.

4.1 Introduction

    (i) Through the App, Premier Capital implements a customer loyalty program, which addresses the registered End-users of the App, meaning the End-users who have created and maintain an account according to the present Terms, and have given their explicit consent to join the program. Said program serves to collect and redeem points (Points) that the App’s End-users collect in the participating McDonald’s restaurants of Premier Capital in Greece (“MyMcDonald’s Rewards” Program).

    (ii) To each registered End-user corresponds one digital card, identified by one unique code (QR Code) appearing on the card. Each digital card correspond to only one registered End-user (Card).

    (iii) For the acquisition of the Card no purchase is necessary to be done, since the participation in the “MyMcDonald’s Rewards” Program preconditions only the creation of an account by a registered End-user of the App.

    (iv) It is noted that the Card is not a credit card or a debit card. It cannot be used by the registered End-users for money transactions or any other transactions, but only for the collection and redemption of Points, according to the present Terms.

    (v) The Card is personal, cannot be transferred and is valid only for the participating McDonald’s restaurants of Premier Capital in Greece.

    (vi) You may see the participating McDonald’s restaurants of Premier Capital in Greece here.

4.2 Points Collection

    (i) For every purchase of 1 euro value made in the participating McDonald’s restaurants of Premier Capital, the owner of the Card – registered End-user collects 10 Points. Meaning that 0,10 euro corresponds to 1 Point. It is clarified that amounts up to 0,04 euro (included) are rounded down, whereas amounts from 0,05 euro are rounded up, for example in a purchase of products of 3,54 euro value it is considered that 35 Points were collected, whereas in a purchase of products of 3,55 euro value it is considered that 36 Points were collected.

    (ii) The collection of the Points is accomplished with the purchase of products in the participating McDonald’s restaurants of Premier Capital, including the redemption of some Offer of Term 5 below.

    (iii) The way of payment (and in particular the payment at the cashier, at the drive-thru or at the kiosk, where each service is available, as well as in cash or via credit or debit card) is irrelevant for the Points collection. All purchases collect Points.

    (iv) It is not considered to be a purchase and so no Points are collected via the redemption of an Offer for free product.

    (v) For the collection of Points at the cashier, at the drive-thru or at the kiosks of the participating McDonald’s restaurants of Premier Capital, where each service is available, it is necessary that the Card is scanned before your order is completed.

    (vi) Within “MyMcDonald’s Rewards” Program you can collect through purchases maximum 1.000 Points per day. Totally from your participation in the “MyMcDonald’s Rewards” Program you can collect through purchases maximum 9.999 Points. In case you exceed the daily or total limit of Point, automatically the Card stops collecting extra Points.

    (vii) The Points you collect are personal and they cannot be transferred to others and you have no right to exchange them with money, other products or other things. The collection of the Points is achieved only in the participating McDonald’s restaurants of Premier Capital in Greece.

4.3 Points Redemption

    (i) You have to collect a specific number of Points to be able to proceed with their redemption.

    (ii) The redemption of Points is accomplished through particular products and/or services (Rewards) to which specific Points correspond.

    (iii) The redemption can be accomplished in the participating McDonald’s restaurants of Premier Capital. There is a possibility that certain Rewards are not available in all McDonald’s restaurants of Premier Capital. You can find information on the McDonald’s restaurants that each Reward is available as well as what exactly these Rewards offer via the App. In case that any Reward is not available in the McDonald’s restaurant the registered End-user chose to visit, the latter cannot make any claim against Premier Capital, or request the redemption of that specific Reward from Premier Capital, which is discharged from any relevant responsibility towards the registered End-users.

    (iv) In addition there may be specific terms that apply to the Rewards which are stated on the App in each Reward, such as the participating restaurants where each Reward can be redeemed.

    (v) The total Points collected is recorded on the Card and you can get this information any time you choose.

    (vi) The Rewards are absolutely specific and personal and you have no right to exchange them with money, other products or other things. The redemption of Points is achieved only in the participating McDonald’s restaurants of Premier Capital in Greece.

    (vii) Premier Capital is responsible only to offer the Rewards themselves and such responsibility is not in any case extended to any other expenses that possibly relate to the redemption.

4.4 Points Cancellation

    (i) The Points expire twelve (12) months after their collection. After the lapse of this period they are automatically cancelled and no claim can be made against Premier Capital.

    (ii) In case you opt out of the loyalty program, any points you may have will not be available to you unless you rejoin the loyalty program, or your points will expire.

4.5 “MyMcDonald’s Rewards” Loyalty Program and Offers

    (i) It is clarified that the “MyMcDonald’s Rewards” Loyalty Program is valid at the same time as the Offers of Term 5 below. Both are available in the “MyMcDonald’s” section of the App.

    (ii) It is clarified that it is not possible to redeem two or more same Rewards (it can be done consecutively but not simultaneously).

4.6 Annulment- Amendment

    (i) Premier Capital has the right at any time, and according to its absolute discretion, to amend or annul the “MyMcDonald’s Rewards” Program, to amend or annul the Rewards, to update or amend the Terms for the participation in the “MyMcDonald’s Rewards” Program, as well as the participating to the Program restaurants, without prior notification of the owner of the Card and without the latter’s consent.

4.7 Information – Complaints

    (i) If you have any questions or comments or complaints regarding “MyMcDonald’s Rewards” Program, please see the Contact Us section in the App or you can always visit https://mcdonalds.gr/en/contact/.

5. Offers

You will receive offers /coupons (Offers) through the App, via the “MyMcDonald’s” section in the App.

5.1 The following general terms apply to the Οffers: (1) the Οffer may only be available through the App and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast Οffers may not be available at breakfast serving times); (3) unless otherwise stated each Offer expires on redemption; (4) only one Οffer can be used per restaurant visit; (5) Οffers are not transferable; (6) there is no cash alternative and (7) there is no possibility to replace/exchange the Οffers with others. In addition, there may be specific terms that apply to the Οffer which are stated on the app in each Offer. Not all Offers may be combined with orders.

5.2 You purchase products directly from our restaurants. When you redeem Offers, you redeem Offers directly with a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you. The restaurant may deny the redemption of the Offer in case there are indications that the coupon for the Offer is not valid, or the expiration date recorded on the coupon has lapsed, etc.

5.3 About the products in the App. All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the App are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colours or factors such as the ingredients used, the supplier, the region of the country and the season of the year.

5.4 About the prices in Offers. Prices include VAT at the current rate, i.e. 24%. Certain Offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of the product charged to you, please contact the participating restaurant where you purchased the product to seek a refund of the difference. The initial prices of the products in the Offers may vary depending on the restaurant and the location and in any case they are determined in the respective pricelist of each restaurant.

5.5 Refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact the participating restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in the Terms.

5.6 Personalized offers. If you join the “MyMcDonald’s Rewards” Loyalty Program, you will also benefit from personalized offers. In particular, you will receive from us notifications about our products and services, competitions, promotions or special events that we believe may interest you.

6. Grant and scope of license

6.1 In consideration of you agreeing to abide by the Terms, we grant you a non-transferable, non-exclusive license to use the App on the Devices, subject to the Terms, the Privacy Statement and the Appstore Rules, incorporated into the Terms by reference. We reserve all other rights.

6.2 You may:

    (a) download a copy of the App onto unlimited number of the Devices and to view, use and display the App on the Devices for your personal purposes only; and

    (b) use the Documents for your personal purposes only.

7. License restrictions

7.1 Except as expressly set out in the Terms or as permitted by any local law, you agree:

    (a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

    (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

    (c) 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 programs;

    (d) not to disassemble, decompile, reverse-engineer 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 that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

    (e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

    (f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

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

    (h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),

    together License Restrictions.

8. Acceptable use restrictions

8.1 You must:

    (a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

    (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by the Terms);

    (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

    (d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

    (e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

    together Acceptable Use Restrictions.

9. Intellectual Property Rights

9.1 Any and all rights in the App are and shall remain the exclusive property of Premier Capital or its licensors. For purposes of clarity, “App” includes any and all content on the App, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the App. The App is licensed, not sold, to you. Nothing in the Terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Premier Capital or its licensors’ rights.

9.2 Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the App, are distinctive and protected trademarks or trade dress of McDonald’s Corporation, Premier Capital, or licensors. The App may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

10. User submissions and unsolicited ideas

10.1 User submissions. The App may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Premier Capital through the App (together, “submissions”). You understand that by submitting any information to Premier Capital through the App, you grant Premier Capital a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Premier Capital will not be required to treat any submissions as confidential.

10.2 Unsolicited ideas. It is Premier Capital’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Premier Capital, we’re unable to review new ideas from outside Premier Capital. You expressly waive any and all claims against Premier Capital and Premier Capital affiliated companies in connection with Premier Capital’s consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.

11. Limitations on liability and disclaimers

11.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

11.2 We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 PREMIER CAPITAL SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE APP. NOTHING IN THIS SECTION IS INTENDED TO LIMIT PREMIER CAPITAL’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY PREMIER CAPITAL’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.

11.4 Premier Capital’s reserves all legal rights to recover damages or other compensation under the Terms or as allowed by law.

11.5 Premier Capital provides the App “AS-IS” and without any warranties. The App may include inaccuracies or errors.

    PREMIER CAPITAL PROVIDES THE APP "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. PREMIER CAPITAL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PREMIER CAPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OF THE APP WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE APP. YOUR SOLE REMEDY AGAINST PREMIER CAPITAL FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.

11.6 The App may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Premier Capital does not endorse and is not associated with any of these third party services. PREMIER CAPITAL HAS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.

12. Events outside our control

12.1 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms:

    (a) our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

    (b) we will use our reasonable endeavours to find a solution by which our obligations under the Terms may be performed despite the Event Outside Our Control.

13. Termination

13.1 We may terminate your use of the App immediately by written notice to you:

    (a) if you commit a material or persistent breach of the Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

    (b) if you breach any of the License Restrictions or the Acceptable Use Restrictions; and

13.2 On termination for any reason:

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

    (b) you must immediately cease all activities authorised by the Terms, including your use of any Services;

    (c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;

13.3 Notwithstanding the above, the Terms will continue to apply to your prior use of the App and anything relating to or arising from such use. Upon termination, all of rights of Premier Capital, including all intellectual property rights, proprietary rights, and licenses in the Terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers.

14. Apple Applications

14.1 The Terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at https://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the App through Apple application (“Apple Application”), you also acknowledge and agree:

    (a) Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact Premier Capital, not Apple, using the above Support Services details;

    (b) except as otherwise expressly set out in the Terms, any claims relating to the possession or use of the Apple Application are between you and Premier Capital (and not between you, or anyone else, and Apple); and

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

14.2 If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. 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 the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.

15. Miscellaneous

15.1 Premier Capital makes no representation that the App is appropriate or available outside of Greece. If you use the App from other locations you are responsible for compliance with applicable local laws.

15.2 The Terms will be governed and interpreted pursuant to the laws of Greece, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the competent courts in Athens for purposes of any legal action arising out of or related to the Terms or the App.

15.3 Although the Terms govern the use of the App and the Services as between Premier Capital and you only (and although Apple is not a party to the Terms), Apple are third party beneficiaries under the Terms and will have the right to enforce against you those rights that Premier Capital holds under the Terms to the extent such terms may pertain to them; there are no other third beneficiaries under the Terms.

15.4 The Terms are written in Greek. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the Greek version controls.

15.5 Each of the terms and conditions in the Terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.

15.6 If Premier Capital fails to insist that you perform any of your obligations under the Terms, or if Premier Capital does not enforce its rights against you, or delays in doing so, that will not mean that Premier Capital has waived its rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.7 Premier Capital may transfer its rights and obligations under the Terms to another organization or entity, but this will not affect your rights or our obligations under the Terms. You may only transfer your rights or obligations under the Terms to another person if Premier Capital agrees in writing.