Online Terms of Use
1. WHO ARE WE?
We are Poundland Limited, a limited liability company with company number 02495645, VAT number 547-5122-45, and with our registered address at Poundland Csc, Midland Road, Walsall, United Kingdom, WS1 3TX.
We own and operate the website at www.poundland.co.uk (the “Website”).
In these Terms of Use, when we refer to "we", "us" or "our", we mean Poundland Limited; and when we refer to "you" or "your" we mean you, the person accessing or using the Website.
2. CONTACT US:
Telephone: 0333 234 1877
Phonelines open Monday - Friday 9am – 5pm
Email: customer.relationsonline@poundland.co.uk
Emails will be picked up Monday – Friday 9am – 5pm
Post: Customer Services Team, Poundland Csc, Midland Road, Walsall, United Kingdom, WS1 3TX
3. WHAT THESE TERMS OF USE COVER
3.1 Please read these Terms of Use carefully as they govern your access to and use of the Website and any Account that you register with us via the Website.
3.2 We may amend or update these Terms of Use by posting updated versions on our Website from time to time. We will confirm this by stating the date of the version at the top of this page. If you are a Registered User, we will provide you with at least thirty (30) days’ advance notice of any changes to the Terms of Use, unless the change is due to a change in law or for security reasons (in which case we may need to change the Terms of Use on shorter notice). If you do not wish to continue using the Website following the changes to the Terms of Use, you can cancel your agreement to the Terms of Use by cancelling your Account.
3.3 Certain functions made available on the Website are governed by additional terms and conditions, including:
- 3.3.1 the Poundland Terms of Sale which governs any purchase you make on the Website;
- 3.3.2 the Poundland Returns Policy which applies to any returns process in relation to any purchase you make on the Website; and
- 3.3.3 the Poundland Privacy Policy and the Poundland Cookies Policy which set out how we use your personal information.
4. THE WEBSITE
4.1 We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities.
4.2 We do not guarantee that our Website, or any information or content on it, will always be available, uninterrupted or error-free. Access to the Website is permitted on a temporary basis.
4.3 We may from time to time carry out general maintenance on the Website which may result in periods of down-time.
4.4 We may suspend, remove or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
4.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.
4.6 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
4.7 You may only use the Website for your own domestic, private and non-commercial use.
5. YOUR ACCOUNT
5.1 You have the option to register an account with us on the Website ("Account"). In order to register an Account, you must be aged eighteen (18) or over.
5.2 If you register an Account, you will be asked to provide certain information (such as your email address) and to create a username and password as part of our security procedures. You must treat these details as confidential and you must not disclose them to any third party. Once you register an Account, you will be a “Registered User”.
5.3 We have the right to disable any Account if you have breached or violated these Terms of Use (or, if you have placed an order for products on the Website, the Terms of Sale).
5.4 You agree that:
- 5.4.1 all of the information that you provide to us in connection with your Account is complete and accurate;
- 5.4.2 you are the person whose details you have provided; and
- 5.4.3 you will notify us immediately if there are any changes to the information you have provided to us.
5.5 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at customer.relationsonline@poundland.co.uk.
6. ACCEPTABLE USE
6.1 General
- 6.1.1 You agree not to:
- (a) use the Website in any way that breaches these Terms of Use or any applicable local, national or international law or regulation;
- (b) copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms of Use; or
- (c) do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
6.2 User Generated Content
- 6.2.1 If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or any other content – the content you supply ("User Generated Content") must comply with the following rules:
- (a) it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
- (b) it must not harass or bully another person;
- (c) it must be true and honest so far as you know;
- (d) it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive;
- (e) it must not be defamatory of anyone;
- (f) it must not be unlawful;
- (g) it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own or you have permission to use it);
- (h) it must not contain someone else’s personal details or confidential information relating to other people;
- (i) it must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation or age;
- (j) it must not promote or condone terrorism, violence or illegal behaviour;
- (k) it must not be harmful to minors in any way;
- (l) it must not impersonate any person, or misrepresent your identity or affiliation with any person;
- (m) it must not give the impression that it emanates from or is endorsed by us, if this is not the case; and
- (n) it must not violate these Terms of Use.
- 6.2.2 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules. If you become aware of any User Generated Content that breaches this clause 6.2 (or these Terms of Use more generally), please contact us on customer.relationsonline@poundland.co.uk, providing your full name and address, along with details of: (a) the date on which it was posted and where it can be found on the Website; (b) the username of the person who posted it; (c) reasons why the content should be deleted; and (d) copies of any communication with the person who posted it (if any).
- 6.2.3 In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
- (a) comment facilities;
- (b) chat rooms; and/or
- (c) bulletin boards,
(together "Interactive Services").
- 6.2.4 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
- 6.2.5 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
6.3 Viruses
- 6.3.1 We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
- 6.3.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7. SUSPENSION AND TERMINATION
7.1 If you breach any of these Terms of Use, we may immediately do any or all of the following (without limitation):
- 7.1.1 issue a warning to you;
- 7.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website;
- 7.1.3 temporarily or permanently withdraw your right to use the Website;
- 7.1.4 suspend or terminate your Account;
- 7.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
- 7.1.6 take further legal action against you; and/or
- 7.1.7 disclose such information to law enforcement authorities as we feel is necessary.
8. HOW YOU MAY USE MATERIAL ON OUR SITE
8.1 We are the owner or the licensee of all intellectual property rights in our Website and its content, the Poundland name, mark and product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
8.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms of Use.
8.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
8.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of an order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
9. OUR LIABILITY TO YOU
9.1 Nothing in these Terms of Use excludes or limits our liability for:
- 9.1.1 death or personal injury caused by our negligence;
- 9.1.2 fraud or fraudulent misrepresentation; and
- 9.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.2 Nothing in these Terms of Use affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
9.3 If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
9.4 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.6 Notwithstanding clauses 9.3, 9.4 and 9.5, and save as set out in clauses 9.1 and 9.2, our maximum liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
10. OTHER IMPORTANT INFORMATION
10.1 If a court invalidates some of this contract, the rest of it will still apply - If a court or other authority decides that some of these terms are unlawful or invalid, the rest will continue to apply.
10.2 Nobody else has any rights under this contract - This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or amending it.
10.3 Assignment - We may transfer our rights and obligations under any order to another organisation, but that will not affect your rights or obligations.
10.4 Even if we delay in enforcing this contract, we can still enforce it later - We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later. 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.
11. GOVERNING LAW AND JURISDICTION
11.1 These Terms of Use are governed by English law. This means that your access to and use of the Website and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
11.2 You may bring any dispute which may arise under these Terms of Use to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the United Kingdom, which courts are (with the exclusion of any other court) competent to settle any such dispute. We shall bring any dispute which may arise under these Terms of Use to the competent court of your country of habitual residence if this is within the United Kingdom or otherwise the competent court of England.
11.3 If you are a consumer and are resident in the United Kingdom and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.
1. WHO ARE WE?
We are Poundland Limited, a limited liability company with company number 02495645 and with our registered address at Poundland CSC, Midland Road, Walsall, United Kingdom, WS1 3TX.
We own and operate the website at www.poundland.co.uk (the “Website”) and the Poundland Perks Application (the “App”).
In these Terms of Use, when we refer to "we", "us" or "our", we mean Poundland Limited; and when we refer to "you" or "your" we mean you, the person accessing or using the Website and/or the App.
2. CONTACT US:
Telephone: 0333 234 1877
Phone lines open Monday - Friday 9am – 5pm
Email: customer.relationsonline@poundland.co.uk
Emails will be picked up Monday – Friday 9am – 5pm
Post: Customer Services Team, Poundland Csc, Midland Road, Walsall, United Kingdom, WS1 3TX
3. WHAT THESE TERMS OF USE COVER
3.1 Please read these Terms of Use carefully as they govern your access to and use of the Website and App and any Account that you register with us via the Website or App.
3.2. We may amend or update these Terms of Use by posting updated versions on our Website and/or App from time to time. We will confirm this by stating the date of the version at the top of this page. If you are a Member, we will provide you with at least thirty (30) days’ advance notice of any changes to the Terms of Use, unless the change is due to a change in law or for security reasons (in which case we may need to change the Terms of Use on shorter notice). If you do not wish to continue using the Website or App following the changes to the Terms of Use, you can cancel your agreement to the Terms of Use by cancelling your Account.
3.3. Certain functions made available on the Website or the App are governed by additional terms and conditions, including:
- 3.3.1 the Poundland Terms of Sale which governs any purchase you make on the Website;
- 3.3.2 the Poundland Returns Policy which applies to any returns process in relation to any purchase you make on the Website; and
- 3.3.3 the Poundland Privacy Policy and the Poundland Cookies Policy which set out how we use your personal information.
4. THE WEBSITE
4.1. We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities.
4.2. We do not guarantee that our Website, or any information or content on it, will always be available, uninterrupted or error-free. Access to the Website is permitted on a temporary basis.
4.3. We may from time to time carry out general maintenance on the Website which may result in periods of downtime.
4.4. We may suspend, remove or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
4.5. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.
4.6. The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely on.
4.7. You may only use the Website for your own domestic, private and non-commercial use.
5. POUNDLAND PERKS
5.1. The Poundland loyalty scheme ( referred to as “Poundland Perks”) is operated by Poundland Limited and made available to customers in the UK. Poundland Perks will provide you access to Loyalty Offers (as explained below) on selected products featured on the Website and App, allowing you to earn loyalty points and redeem vouchers.
5.2. Eligibility and Enrolment
- 5.2.1. To use Poundland Perks, you need to register via the App or Poundland Website and have a valid Poundland Perks member identification number (“Loyalty ID”). Your Loyalty ID will be provided to you on registration of a Poundland Perks account and can be found when you log into your App at the bottom of the home screen by clicking on the barcode icon.
- 5.2.2. If you register for an account, you will be asked to provide certain information (such as your name, email address) and to create a username and password as part of our security procedures. Once you register an account, you will be a “Member”.
- 5.2.3. If you sign up to register an account to purchase products, you will automatically be registered with a Poundland Perks account.
- 5.2.4. By creating an account, you agree that:
- a. All of the information that you provide to us in connection with your account is complete and accurate;
- b. You are the person whose details you have provided; and
- c. You will notify us immediately if there are any changes to the information you have provided to us.
- 5.2.5. Membership to Poundland Perks is free of charge, but data charges may apply when using the App. Please check with your data provider for more information.
- 5.2.6. To be a member of Poundland Perks, you must be aged 16 years or over, a resident in the United Kingdom, with a valid UK address.
- 5.2.7. Poundland Perks is for personal and consumer use only. The service cannot be used for any business transaction or purpose.
- 5.2.8. If you know or suspect that anyone other than you know your Account login details, you must immediately notify us at customer.relations@poundland.co.uk.
5.3. Membership to Poundland Perks
- 5.3.1. Members are only entitled to one Poundland Perks account each. Members must keep their personal details updated on their Poundland Perks accounts. Poundland will not be responsible for any loss of prizes or rewards because of incorrect personal details provided by yourself.
- 5.3.2. Poundland reserves the right to refuse, merge terminate or suspend additional accounts at any time.
- 5.3.3. Poundland will delete accounts that haven’t accrued any points for 2 years. Loyalty Points and Loyalty Vouchers associated with an account will expire within the 2 year period and will not be transferred to an alternative Poundland Perks account.
5.4. Earning Loyalty Points
- 5.4.1. Poundland Perks members must present their Loyalty ID from the App, at the checkout to collect Loyalty Points for a transaction.
- 5.4.2. Members will not be able to claim Loyalty Points at a later time, if they have forgotten to scan in their Loyalty ID at the checkout.
- 5.4.3. Members will receive 100 Loyalty Points for every £1.00 spent (excluding non-qualified products, as detailed at 5.4.4 below).
- 5.4.4. Loyalty Points will not be awarded for non-qualifying products, including infant formulae milk, tobacco or tobacco related products, lottery, scratch cards, postage stamps, gift cards, and alcohol. Other products may also be excluded from being awarded Loyalty Points, at the discretion of Poundland.
- 5.4.5. Members can collect a maximum of 50,000 Loyalty Points within a 24-hour period.
5.4.6. Loyalty Points are for 12 months from the date they are allocated to your Poundland Perks account. - 5.4.7. Loyalty Points cannot be transferred between Poundland Perks accounts.
5.5. Redemption of Loyalty Points into Loyalty Vouchers
- 5.5.1. Members must have downloaded and installed the App from the Apple App Store or Google Play Store and registered for Poundland Perks.
- 5.5.2. Members must present their Loyalty Voucher (via the App), at the checkout in order to redeem the value of the Loyalty Voucher.
- 5.5.3. Loyalty Vouchers can only be used once.
- 5.5.4. Loyalty Vouchers cannot be used in conjunction with any other voucher issued by Poundland within a single transaction.
- 5.5.5. Loyalty Vouchers can only be used at their face value, in Poundland stores within the UK.
- 5.5.6. Loyalty Vouchers may not be used for restricted products, including infant formulae milk, tobacco and tobacco related products, lottery, scratch cards, postage stamps, gift cards, and alcohol. Other products may also be excluded from being awarded Loyalty Points, at the discretion of Poundland.
- 5.5.7. Loyalty Vouchers will be applied after all other discounts have been applied.
- 5.5.8. No change will be given if the values of the Loyalty Voucher is greater than the cost of the product or transaction. However, if the cost of the product or transaction is greater than the cost of the Loyalty Voucher, the difference can be paid using cash, credit card or debit card, depending on payment option available.
- 5.5.9. Products purchased using a Loyalty Voucher may be exchanged (subject to T&Cs for the product) but cannot be refunded for cash or reimbursed as Loyalty Points and/or Loyalty Vouchers.
- 5.5.10. Transactions which are paid for using a combination of a Loyalty Voucher and another method of payment, are eligible to a refund, minus the value of the Loyalty Voucher.
- 5.5.11. Members can redeem a £1.00 Loyalty Voucher for every 5,000 Loyalty Points that have been accrued.
- 5.5.12. Loyalty Vouchers are valid for 3 months, from the date of issue.
- 5.5.13. Loyalty Vouchers cannot be exchanged in whole or part for cash.
- 5.5.14. Unused, expired and redeemed Loyalty Vouchers cannot be refunded, exchanged or returned. This does not affect your statutory rights.
- 5.5.15. Poundland reserves the right to claim back any Loyalty Voucher collected by you, in the event of any suspected or actual fraudulent activities in obtaining Loyalty Points or Loyalty Vouchers.
5.6. Loyalty Offers
- 5.6.1. Members are entitled to additional discounts on a range of in-store or online products (“Loyalty Offers”).
- 5.6.2. Members must present their Loyalty ID from the App, at the checkout in order to apply the Loyalty Offers against their transaction.
- 5.6.3. Loyalty Offers will be rotated on a regular basis. The validity date for a Loyalty Offer will be visible via the App.
- 5.6.4. Loyalty Offers are subject to availability.
- 5.6.5. Poundland reserves the right to apply limits to the number of products you can purchase linked to a Loyalty Offer, within a single transaction.
5.7. Important Reward Terms
- 5.7.1. The Loyalty Vouchers are issued by and remain our property and we may, at any time, terminate the reward or alter or amend the conditions under which such rewards are available. We may, at any time, cancel, amend or nullify any Loyalty Points earned on the App or Website.
- 5.7.2. The Loyalty Vouchers in whatever form are not transferable and can not be bought, sold or in any way traded. Loyalty Vouchers cannot be claimed by any third party on your behalf.
- 5.7.3. Loyalty Vouchers remain the responsibility of the account holder, as do any security details relating to the account. We cannot be held responsible for any loss arising from you failing to ensure the safekeeping of these items and details.
- 5.7.4. Loyalty Vouchers (in whatever form) cannot be used for any business transaction or for any other commercial purpose.
- 5.7.5. Loyalty Vouchers are our property and have no cash value. They are not for resale and are only valid in the United Kingdom.
- 5.7.6. Defaced/copied Loyalty Vouchers will not be accepted.
- 5.7.7. Loyalty Vouchers and Loyalty Points collected on the Website and/or App can only be used or accessed (as the case may be) by the account holder and cannot be transferred between accounts.
- 5.7.8. Loyalty Vouchers created by redeeming Loyalty Points remain valid for 3 months from the date on which they are posted out to you, after which they will expire and cannot be re-activated.
- 5.7.9. Poundland will send out Loyalty Vouchers (if applicable) to customers on or around the 15th day of each month (or the date which falls on the next business day). In the event any Loyalty Voucher(s) are won by customers after the 15th day of the month, the Loyalty Voucher(s) (as applicable) will be sent to such customers on or around the date which falls two weeks after the 15th day of the month. Please note exact dates may vary. Time shall not be of the essence in this regard and Poundland shall not be liable for any delay in the Loyalty Voucher(s) (as applicable) reaching the customer.
- 5.7.10. Loyalty Vouchers can only be used at their face value within the period of their validity. Loyalty Vouchers cannot be used at self-service checkouts.
- 5.7.11. If you return an item you have purchased in combination with having used a Loyalty Voucher and claim a refund, then the refund will only be for the item minus the Loyalty Voucher discount. Prices for products may vary.
- 5.7.12. We accept no liability for any financial loss for expired Loyalty Points (whether accrued in-store or by virtue of the Spin the Wheel Competition), or user-end mishandling of the account's Loyalty Points service.
- 5.7.13. Any user account which has not been active in the past 12 months (meaning that there has been no activity for 12 months) will be closed and any Loyalty Points will be removed from their account.
- 5.7.14. The promoter of the rewards available is Poundland Limited: Poundland CSC, Midland Road, Walsall, WS1 3TX.
6. POUNDLAND PERKS APP
6.1. Operating system requirements
The App requires an iOS or Android Smartphone with internet access.
Apple App Store or Google Play Store terms also apply
The ways in which you can use the App may also be governed by the Apple App Store or Google Play Store’s rules and policies and Apple App Store or Google Play Store’s rules and policies will also apply to your use of the App.
In return for you agreeing to comply with these terms you may:
- download a copy of the App onto your mobile device from your UK app store (the Apple App Store on iOS, or the Google Play Store on Android)
- view, use and display the App on such mobile device for your personal purposes only.
Note data charges may apply when using the App. Please check with your mobile phone package provider.
6.2. Licence
We grant to you a non-transferable, non-exclusive license to use the App subject to your compliance of these terms. We expressly reserve all other rights.
In return for the grant of this license, you agree to:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us.
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the services on devices as permitted in these terms.
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent permitted by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988.
6.3. App Updates
From time to time, we may automatically update the App and change the services provided in the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
Updates will be made available via the relevant App Store.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
6.4. App Competitions
By virtue of your membership of the App, you may have access to the Spin the Wheel Competition which shall be made available on the App by Poundland from time to time at its discretion. The Spin the Wheel Competition is a free playable marketing campaign that is run on the App where viewers can enter online for a chance to Spin the Wheel for a chance to win a prize. Further information relating to the Spin the Wheel Competition can be found here
6.5 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at customer.relationsonline@poundland.co.uk.
7. ACCEPTABLE USE
7.1 General
- 7.1.1 You agree not to:
- (a) use the Website or App in any way that breaches these Terms of Use or any applicable local, national or international law or regulation;
- (b) copy, or otherwise reproduce or re-sell any part of the Website or App unless expressly permitted to do so in these Terms of Use;
- (c) not use the Website or App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, App, or any operating system;
- (d) not infringe our intellectual property rights or those of any third party in relation to your use of the Website, App; or
- (e) do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or App any equipment, network or software used in operating the Website or App.
7.2 User Generated Content
- 7.2.1 If it is the case that you supply/upload any content to the Website or App (if applicable) – whether it be pictures, text, sound recordings or any other content – the content you supply (“User Generated Content") must comply with the following rules:
- (a) it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
- (b) it must not harass or bully another person;
- (c) it must be true and honest so far as you know;
- (d) it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive;
- (e) it must not be defamatory of anyone;
- (f) it must not be unlawful;
- (g) it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own or you have permission to use it);
- (h) it must not contain someone else’s personal details or confidential information relating to other people;
- (I) it must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation or age;
- (j) it must not promote or condone terrorism, violence or illegal behaviour;
- (k) it must not be harmful to minors in any way;
- (l) it must not impersonate any person, or misrepresent your identity or affiliation with any person;
- (m) it must not give the impression that it emanates from or is endorsed by us, if this is not the case; and
- (n) it must not violate these Terms of Use.
- 7.2.2 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules. If you become aware of any User Generated Content that breaches this clause 7.2 (or these Terms of Use more generally), Please contact us by email on customer.relationsonline@poundland.co.uk, providing your full name and address, along with details of: (a) the date on which it was posted and where it can be found on the Website; (b) the username of the person who posted it; (c) reasons why the content should be deleted; and (d) copies of any communication with the person who posted it (if any).
- 7.2.3 In addition, we may from time to time provide interactive services on the Website or App (if applicable) that shall enable you to upload User Generated Content, including, without limitation:
- (a) comment facilities;
- (b) chat rooms; and/or
- (c) bulletin boards,
(together "Interactive Services").
- 7.2.4 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
- 7.2.5 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
7.3 Viruses
- 7.3.1 We do not guarantee that the Website or App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website or App and we recommend that you use your own virus protection software.
- 7.3.2 You must not misuse the Website or App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or App, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
8. SUSPENSION AND TERMINATION
8.1 If you breach any of these Terms of Use, we may immediately do any or all of the following (without limitation):
- 8.1.1 issue a warning to you;
- 8.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website or App;
- 8.1.3 temporarily or permanently withdraw your right to use the Website and or App;
- 8.1.4 suspend or terminate your Account;
- 8.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
- 8.1.6 take further legal action against you; and/or
- 8.1.7 disclose such information to law enforcement authorities as we feel is necessary.
9. HOW YOU MAY USE MATERIAL ON OUR SITE
9.1 We are the owner or the licensee of all intellectual property rights in our Website and App and its content, the Poundland name, mark and product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
9.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms of Use.
9.3 No part of the Website or App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
9.4 Any communications or materials you send to us through the Website or App by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of an order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
10. OUR LIABILITY TO YOU
10.1 Nothing in these Terms of Use excludes or limits our liability for:
- 10.1.1 death or personal injury caused by our negligence;
- 10.1.2 fraud or fraudulent misrepresentation; and
- 10.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
10.2 Nothing in these Terms of Use affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
10.3 If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website or App.
10.4 We only supply the Website and App for domestic and private use. You agree not to use the Website or App, or any content on the Website or App, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5 The Website or App may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Website or App (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.6 Notwithstanding clauses 10.3, 10.4 and 10.5, and save as set out in clauses 10.1 and 10.2, our maximum liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
11. OTHER IMPORTANT INFORMATION
11.1 If a court invalidates some of this contract, the rest of it will still apply - If a court or other authority decides that some of these terms are unlawful or invalid, the rest will continue to apply.
11.2 Nobody else has any rights under this contract - This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or amending it.
11.3 Assignment - We may transfer our rights and obligations under any order to another organisation, but that will not affect your rights or obligations.
11.4 Even if we delay in enforcing this contract, we can still enforce it later - We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later. 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.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms of Use are governed by English law. This means that your access to and use of the Website or App and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
12.2 You may bring any dispute which may arise under these Terms of Use to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the United Kingdom, which courts are (with the exclusion of any other court) competent to settle any such dispute. We shall bring any dispute which may arise under these Terms of Use to the competent court of your country of habitual residence if this is within the United Kingdom or otherwise the competent court of England.
12.3 If you are a consumer and are resident in the United Kingdom and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.