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App Terms of Use

Apps Terms of Use / EULA

1. INFORMATION ABOUT US

1.1. This software application and associated Content (as defined below in clause 4) and services (collectively the “App”) is owned and operated and licensed by Manchester United Limited (“We”, “Us”, “Our”).

1.2. The App is made available by Us via various App Stores (as defined below in clause 3). In certain territories We may also permit third parties, such as mobile operators, (“Partners”) to make available the App as Our licensee, distributor or reseller, via their stores or platforms (“Partner Platform”).

1.3. Manchester United Limited is a company registered in England and Wales under company number 2570509 and we have Our registered office at Sir Matt Busby Way, Old Trafford, Manchester M16 0RA.

1.4. In these Terms, you, the user of the App, is referred to as “You”, “Your”, etc.

1.5. If You have any questions about the App, please contact Us at appsupport@manutd.co.uk.

2. ACCEPTANCE OF TERMS OF USE

2.1. These terms of use (the “Terms”) are the terms on which the App (as defined in clause 1.1 above) is made available to You. By downloading the App, You indicate that You are aged 13 or over and have read and accept these Terms, or if You are aged between 13 and 18, Your parent or legal guardian has read and accepts these Terms. The Terms include by reference the privacy policy that applies to the App (the “Privacy Policy”). A copy of the Privacy Policy can be found at manutd.com/privacy.

2.2. You understand and agree that We may add to or change these Terms at any time. New Terms are effective immediately and Your continued use of the App shall constitute on-going acceptance of these Terms, as updated from time-to-time. We therefore recommend that You check these Terms regularly.

2.3. The App may be subject to territorial or time period restrictions. Your access to the App and/or Content within it may depend on Your location, including for example if You are accessing Content from a territory other than the territory in which Your App Store account is held then certain Content may not be available to You. Your access to the App and/or Content within it may depend on certain time restrictions (for example, certain Content may only be available during or for certain events or tournaments (including, for example, single football seasons)).

2.4. If You do not agree with these Terms, please do not use the App.

3. LICENCE

3.1. The App is accessible to users who have downloaded the App onto their personal mobile device as permitted via their device’s appropriate application store, or other authorised location such as a Partner Platform (in either case, the “App Store”). Some features of this App may be accessed free of charge once the App is downloaded. Other features may only available via payment (either via the App, App Store or other payment mechanisms).

3.2. Subject to Your compliance with these Terms, We grant You a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to use and display, solely for Your personal, non commercial use: (a) such elements of the App and associated content and services as are freely accessible; and (b) provided that You have paid the applicable fees and satisfied applicable conditions, such other elements of the App and associated content and services as are accessible on a for-payment basis.

3.3. You agree not to (and not to attempt to or encourage others to): (i) use the App for any use or purpose other than as expressly permitted by these Terms; or (ii) copy, adapt, modify, reverse engineer, decompile disassemble, otherwise tamper with, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App or any portion of the App, except as expressly permitted in these Terms.

3.4. You understand that while at times You may “earn” “buy” or “purchase” the App and/or Content (including Virtual Items as defined in clause 4.1(d) below), You do not in fact “own” the App and/or such Content. Rather, You have a limited license to use the App and/or Content in accordance with the above licence. Any Virtual Item balance does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of Your license.

4. TYPES OF CONTENT

4.1. This App may be free to download or paid for via the App Store at the point of download. In accordance with the licence above the App may provide You with access to: (a) certain content made available through the App without additional charge (“Basic App Content”); (b) certain additional content made available for in-App purchase via the App (the “In App Purchased Content”); (c) certain additional content made available for subscription via the App (the “Subscription Content”); and/or (d) certain other virtual goods or currencies (“Virtual Items”), as further described below.

4.2. Together, the Basic App Content, In-App Purchased Content (where applicable), the Subscription Content (where applicable), and Virtual Items (where applicable) shall be referred to as the “Content”.

5. APP STORE ACCOUNT AND REGISTRATION (WHERE APPLICABLE)

5.1. Downloading of the App requires an account with Your App Store (as defined in clause 3.1) (“Your Account”). Your purchase of or access to the App and any further Content may be facilitated by and/or transacted through Your Account. In addition to these Terms, You are subject to and required to comply with the requirements and any usage rules set out in any agreement to which You are a party with Your App Store in respect of Your Account, the App and any purchases relating to the App. Notwithstanding that You download and acquire the App through an App Store, You agree that We may: (i) enforce these Terms against You directly; and (ii) take the benefit of, rely on and/or enforce against You directly the terms of any agreement between You and any App Store, including in connection with the use of an App and/or a Partner Platform.

5.2. In order to access certain Content and/or participate in certain User Content features (as referred to in clause 10), competitions, promotions or other features of the App, You may be asked to register and provide certain personal information such as, for example, Your name and email address (“Registration”) (Our Privacy Policy explains how such information may be collected and used including Our policy on cookies. A copy of Our Privacy Policy can be found at manutd.com/privacy.

5.3. You may also be asked to select a user name (“User Name”) and password for identification purposes. You must not use any User Name that violates any provision of clause 10.7), relating to User Content Standards or any other term set forth by the App. The decision to register a User Name and password is at Our discretion and We may revoke Your User Name and password at any time.

5.4. You are responsible for maintaining the confidentiality of Your Account and Registration information, including Your password and You are solely responsible for all activities that occur under Your Account or Registration, and for any access to or use of the App by You or any person or entity using Your password, whether or not such access or use has been authorised by You, and whether or not such person or entity is Your employee or agent.

5.5. You must immediately notify Us of any unauthorised use of Your Account or Registration or any other breach of security.

5.6. We will not be liable for any loss or damage whatsoever resulting from the disclosure of Your password contrary to these Terms. You may not use another person's Account or registration at any time without the express permission of the account holder.

5.7. You hereby confirm to Us that all information which You provide in connection with Your Account or Registration is at all times true, accurate, current and complete. If We suspect or find out that any information is untrue, inaccurate, out-of-date or incomplete then We reserve the right to suspend or terminate Your use of the App and/or any of the Content.

6. OTHER THIRD PARTY SERVICES INTEGRATION

6.1. From time to time the App may integrate with other third party services or platforms, such as Facebook or Twitter. This may facilitate sign in via these services or other shared functionality.

6.2. These third party services or platforms will generally require You to have a separate account or registration with them. The terms on which those third party services or platforms engage with You, and share information or data with the App or Us is specific case by case. You should be make Yourself aware of their own terms and conditions before You associate Your activity on the App with those services or platforms.

7. VIRTUAL ITEMS

7.1. The App may include access to virtual currency, such as cash, coins, points or similar (“Virtual Currency”) that may be earned or obtained, or purchased by You with real money. The App may also include access to virtual items, such as goods, tokens or abilities (“Virtual Goods”) that may be earned or obtained, or purchased by You for real money, or for Virtual Currency, subject to applicable law. Together Virtual Currency and Virtual Goods shall be known as “Virtual Items”.

7.2. We reserve the right, at any time and at Our sole discretion, to manage, regulate, control, modify or eliminate Virtual Items as We see fit, and We shall have no liability to You or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sub licensable license to use, solely within the App, Virtual Items that You have earned, purchased or otherwise obtained in a manner authorised by Us. You have no other right, title or interest in or to any such Virtual Items appearing or originating in the App.

7.3. You hereby acknowledge and agree that the transfer of Virtual Items is strictly prohibited except where expressly authorised in the App. Outside the App, the Virtual Items have no value and We prohibit and do not recognise any purported transfers of Virtual Items effectuated outside of the App, or the purported sale, gift or trade outside of the App of anything that appears or originates in the App. Accordingly, You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the App. Any such transfer or attempted transfer is prohibited and void, and in such circumstances We reserve the right to suspend or terminate Your use of the App and/or any of the Content.

7.4. You agree that all “sales” of Virtual Items are final and, except as determined by Us in Our sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms or withdrawal of the App for any reason, or applicable portion thereof for any reason, all Virtual Items will be forfeited by You, and We will have no liability to You in connection therewith.

8. PURCHASE OF IN-APP PURCHASED CONTENT, SUBSCRIPTIONS AND VIRTUAL ITEMS (WHERE APPLICABLE)

8.1. To the extent that the App offers any In-App Purchased Content, Subscriber Content and/or Virtual Items You will be able to access such content by payment via the App and/or App Store in accordance with the payment terms set out below.

8.2. Your (App Store) Account will be automatically charged the payment of any In-App Purchased Content, Subscriber Content and/or Virtual Items at the time of purchase or in relation to a subscription period to the Subscriber Content (as applicable).

8.3. Any conditions on Your access to the Subscription Content, including for example: the duration of subscription; price; and any automatic renewal provisions will be stated on the App and/or the App Store. Such terms will apply in addition to these Terms.

8.4. Any conditions on Your access to the In-App Purchased Content and or any purchased Virtual Items, including for example: the duration of use; price; and any other conditions will be stated on the App and/or the App Store. Such terms will apply in addition to these Terms.

8.5. Payments for Subscriber Content, In-App Purchased Content and/or Virtual Items are non‑refundable except as allowed under the App Store terms.

8.6. You may have a pre-existing subscription with a website related to the App (“Pre-Existing Subscription”). In certain instances You will be able to access Subscriber Content via the App in connection with Your Pre-Existing Subscription without the need for further payment. If this is the case You will be informed when downloading the App and when attempting to access Subscriber Content via the App. You will then have the option to verify Your Pre-Existing Subscription to gain access to the Subscriber Content via the App.

9. RESTRICTIONS ON USE

9.1. You may use the App only for lawful purposes. Without limiting this restriction, You may not use the App:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm minors in any way; or

(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our User Content Standards below.

9.2. All rights to use the App are granted subject to and conditional upon the rules, regulations and/or requirements of: (i) any league, organisation or competition of which Manchester United is a member or participant from time to time; and/or (ii) any governing body or other organisation or body which oversees any league, organisation or competition of which Manchester United is a member or participant from time to time.

10. USER CONTENT FEATURES (WHERE APPLICABLE)

10.1. In the event that You are able to and do make use of a feature that allows You to upload material to the App, or to make contact with other users of the App, You must comply with this section. You undertake that any such contribution complies with these standards.

10.2. The App may offer opportunities for You to transmit messages or submit content in connection with various features including email, messages & chat. Any content submitted will be known as “User Content”.

10.3. Where We do provide any facility for User Content, We will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

10.4. We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use). However, We are under no obligation to oversee, monitor or moderate any User Content on the App, and We expressly exclude Our liability for any loss or damage arising from User Content.

10.5. The use of any of User Content features by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use Our User Content features that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any User Content features should be made aware of the potential risks to them.

10.6. Where We do moderate User Content, We will normally provide You with a means of contacting the moderator, should a concern or difficulty arise.

10.7. The following User Content Standards must be followed at all times. You must use User Content features in a responsible manner, and are solely responsible for any content You transmit or submit. You must not transmit or submit any User Content that may, and warrant or promise that Your User Content will not:

(a) be threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;

(b) promote violence;

(c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(d) constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;

(e) infringe the rights of third parties including, without limitation, copyright, trademarks, patents, rights of privacy or publicity or any other proprietary right;

(f) contain any personal information or data about a third party including address, email, telephone number or other sensitive information;

(g) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(h) contain any information, software or other material of a commercial nature;

(i) expressly or impliedly suggest any commercial association with or endorsement by Manchester United of any products and/or service;

(j) contain advertising, promotions or commercial solicitations of any kind;

(k) be likely to harass, upset, embarrass, alarm or annoy any other person;

(l) constitute or contain false or misleading indications of origin or statements of fact;

(m) be used to impersonate any person, or to misrepresent Your identity or affiliation with any person (including giving the impression that such message or content emanates from Us);

(n) contain material irrelevant to the subject matter of the User Content feature or the App in general;

(o) contain any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine; and/or

(p) impose an unreasonable or disproportionately large load on the App’s infrastructure, or otherwise adversely affect, restrict or inhibit any other user from using and enjoying the App.

10.8. We will determine, in Our discretion, whether there has been a breach of Our User Content Standards through Your use of the App. When a breach of Our policy has occurred, We may take such action as We deem appropriate (including but not limited to editing or deleting any User Content or username transmitted by You).

10.9. Failure to comply with Our User Content Standards constitutes a material breach of the Terms upon which You are permitted to use the App which may result in Us suspending or terminating Your use of the App and/or any of the Content.

11. COMPETITIONS AND PRIZE PROMOTIONS OR DRAWS

11.1. From time to time, We (or selected third parties) may include competitions, prize promotions, draws or other offers on the App. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. We are the owner or the licensee of all intellectual property rights in the App and in the Content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved to Us and Our licensors.

12.2. You must not modify, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the App or any of the Content other than as expressly permitted in these Terms.

12.3. You retain ownership of any User Content You post using a User Content feature. By posting any content including User Content, You are granting to Us a perpetual, royalty-free, non-exclusive, and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform or display such content, in whole or in part, in any form, media or technology known or hereafter developed.

12.4. We have the right to store any content including User Content You post on the App, and at Our discretion to make available any such content on the App, in each case indefinitely. However, We are not obliged to make available or otherwise exploit any such content.

12.5. If You are a rights owner (or an agent acting for a rights owner) and believe that any Content made available through the App infringes Your rights and You wish Us to remove it, suspend it or disable access to it, please send a notice by email with the subject line ‘Removal Request’ to the email address in clause 1.5. In Your email please provide Us with details of the Content that You claim is infringing together with information sufficient to enable Us to locate the Content.

13. INFORMATION, AVAILIBILITY AND UPDATES

13.1. While We take every care to ensure that the information on the App is accurate and complete, some of it is supplied to Us by third parties and We are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the internet, errors interruptions and delays may occur in the service at any time. Accordingly, the App is provided “as is” without any warranties of any kind and We do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

13.2. We reserve the right to change: (i) the presentation, features, functionality and/or content of the App; and (ii) any third party that We engage to provide any aspect of the App to You; from time to time, provided that any such change shall not adversely impact You and/or the continued provision of the App to You. In order to keep the App up-to-date, We may offer automatic or manual updates at any time and without notice to You. If We elect to provide maintenance or support of any kind, We may terminate that maintenance or support at any time without notice to You.

14. LINKS FROM THE APP

14.1. The App may include links to websites and resources operated by third parties including advertisers and other content providers. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. Those sites and resources may collect data or solicit personal information from You. We are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites or resources may collect. Linking to any other service, website or resource from this App is at Your own risk.

15. YOUR INDEMNITY TO US

15.1. You agree to indemnify Us and Our affiliates and Our respective directors, officers, employees and agents, as well as Our partners, licensors and suppliers, and the App Stores from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

(a) any misrepresentation, act or omission made by You in connection with Your use of the App;

(b) any non-compliance by You with these Terms; or

(c) claims brought by third parties arising from or related to Your access or use of the App, including without limitation any User Content or other information made available by You to the App.

16. OUR LIABILITY TO YOU

16.1. To the maximum extent permitted by applicable law, You expressly agree that Your use of the App is at Your own risk. The App (including for the avoidance of doubt, the Content) is provided on an “as is” and “as available” basis for Your use, and to the extent permitted by applicable law, We hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the App.

16.2. To the maximum extent permitted by applicable law, We do not represent or warrant that access to the App will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the App. We do not guarantee that You will be able to access or use the App at times or locations of Your choosing, or that We will have adequate capacity for the App as a whole or in any specific geographic area.

16.3. To the maximum extent permitted by applicable law, We exclude all liability for any amount or kind of loss or damage and any direct, indirect, special, consequential or punitive damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption arising from Your use of the App, the Content or for any other claim related in any way to Your use of the App or Content, including for viruses alleged to have been obtained from the App, Your use of or reliance on the App or any of the information or materials available on the App, and whether in tort (including without limitation negligence), contract or otherwise, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

16.4. To the extent there is any liability on Us, (except as permitted by applicable law) this shall be limited in aggregate to the amount paid by You to Us for the App or Content (as appropriate) that directly gave rise to the relevant claim. If You have not paid any amounts to Us in connection with the App or Content (as appropriate) that directly gave rise to such claim, You acknowledge that your sole and exclusive remedy in respect of such claim is to cease using (and, where appropriate, to delete) the relevant App or Content. To the extent that We may not, as a matter of applicable law, disclaim any warranty or limit Our liability as set out in these Terms, the scope of such warranty and the extent of Our liability shall be the minimum permitted under such applicable law.

16.5. If You choose to post any personal information and/or Your location or Your intended location via the User Content features or by any other method on the App You accept that this is entirely at Your own risk and We are not responsible for any loss or harm which occurs as a result of Your sharing any information about You.

16.6. This clause 16 does not in any way limit Our liability:

(a) for death or personal injury caused by Our negligence;

(b) under section 2(3) of the Consumer Protection Act 1987;

(c) for fraud or fraudulent misrepresentation; or

(d) for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.

17. NETWORK CHARGES AND DEVICE COMPATABILITY

17.1. When downloading and accessing the App, standard network charges apply. You may incur additional data charges from Your network operator according to Your contract.

17.2. It is Your responsibility to ensure Your device meets all the necessary technical specifications to enable You to access and use the App.

18. VARIATIONS AND ADDITIONAL TERMS

18.1. Without limiting clause 2.2, We may revise these Terms at any time. You are expected to check the Terms from time to time to take notice of any changes We make, as they are binding on You. In accordance with clause 18.2, some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the App.

18.2. We reserve the right to post, from time to time, additional terms and conditions that apply to specific parts of the App. Such additional terms and conditions will be notified to You in the relevant parts of the App. Your use of those parts of the App constitutes Your agreement to those additional terms and conditions.

19. ADDITIONAL TERMS SPECIFIC TO APP STORES

19.1. Certain App Stores have additional terms that must be included in these Terms (“Additional Terms”). These Additional Terms are hereby included by reference, as set out in this clause 19. In the event of any conflict between any Additional Terms and any other provision of these Terms, the Additional Terms shall prevail solely to the extent of such conflict.

19.2. Apple: If You have downloaded the App from any App Store operated by or on behalf of Apple Inc. and/or any of its subsidiary companies (together “Apple”), the following additional terms will apply:

(a) Acknowledgement: You and We acknowledge that these Terms are an agreement between You and Us only and not with Apple and that Apple are not responsible for the App and the content thereof.

(b) Maintenance and Support: You and We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(c) Warranty: In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple may refund the purchase price for the App to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, nor any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

(d) Product Claims: You and We acknowledge that Apple are not responsible for addressing any claims relating to the App or Your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) Intellectual Property Rights: You and We acknowledge that, in the event of any third party claim that the App or Your possession and use of that App infringes that third party’s intellectual property rights, Apple will not be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

(f) Legal Compliance: You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

(g) Third Party Beneficiary: You and We acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon Your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third party beneficiary thereof.

19.3. Microsoft: If You have downloaded the App from any App Store operated by or on behalf of Microsoft Inc. and/or any of its subsidiary companies (together “Microsoft”), the following additional terms will apply:

(a) In relation to the App: (i) You may download and run the App on up to five Windows 8 enabled devices that are associated with Your Microsoft account, without payment of any additional fees; (ii) You acknowledge that there will be no support services available from Microsoft or Your device manufacturer and network operator (if applicable); and (iii) the disclaimers and limitations set out in clauses 19.3(b) to 19.3(d) in respect of any liability of Microsoft to You will apply.

(b) to the extent not prohibited by law, You can recover from Microsoft only direct damages up to the amount You paid for the App or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from Microsoft.

(c) The limitation in clause 19.3(b) applies to: (i) anything related to the application or services made available through the App; and (ii) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. (d) The limitation in clause 19.3(b) also applies even if: (i) repair, replacement or a refund for the application does not fully compensate You for any losses; or (ii) Microsoft knew or should have known about the possibility of the damages.

19.4. Nokia: If You have downloaded the App from any App Store operated by or on behalf of Nokia Corporation and/or any of its subsidiary companies (together “Nokia”), the following additional terms will apply:

(a) You may re-download the App up to ten (10) times without payment of any additional fees to Us.

(b) Nokia is not responsible for any violation of any terms between Us and You.

19.5. RIME (Blackberry): If You have downloaded the App from any App Store operated by or on behalf of Research In Motion E-Commerce Inc., Research In Motion E-Commerce Corporation or Research In Motion E-Commerce S.A.R.L., (together “RIME”), the following additional terms will apply:

(a) Neither RIME, any telecommunications carriers, or any third party acting as the “merchant of record” in respect of any transaction associated with the applicable App, shall have any liability whatsoever in relation to App including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of the App.

(b) Each of RIME, any telecommunications carriers, and any such third party merchants of record shall be third party beneficiaries in respect of these provisions Terms.

20. GENERAL

20.1. In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of the terms and conditions shall remain valid and enforceable.

20.2. As between You and Us, these Terms shall prevail over any agreement to which You are a party with Your App Store.

20.3. These Terms are for Our benefit and for the benefit of Our group companies, each of which shall have the benefit of and shall be entitled to enforce these Terms. Our group companies shall not be considered to be third parties for the purposes of these Terms and, subject to clause 20.4, references to “We”, “Us”, “Our” etc. in these Terms shall be deemed to include Our group companies. References to “Our group companies” in these Terms shall be to Our holding company and ultimate holding company and each of Our subsidiary companies and Our holding company's and ultimate holding company's subsidiary companies from time to time (with “holding company” and “subsidiary” having the meanings given to them in section 1159 of the Companies Act 2006).

20.4. Notwithstanding clause 20.3: (i) these Terms may be varied by Manchester United Limited from time to time without the consent of any of Our group companies and sections 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Act 1999 do not apply to these Terms; (ii) any consents or notices to be issued under these Terms are only required to be issued by Manchester United Limited and not by any of Our group companies; and (iii) You shall only be entitled to enforce these Terms against Manchester United Limited and/or make any claim in relation thereto against Manchester United Limited (and not against any of Our group companies).

20.5. Manchester United Limited shall at any time be entitled to transfer its rights and obligations under these Terms to another of Our group companies. We confirm that: (i) any such transfer shall not adversely impact You and/or the continued provision of the App to You; and (ii) We shall use reasonable endeavours to inform You of any such transfer (for example, by placing a notice on Our website of such transfer).

20.6. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

20.7. You accept the jurisdiction of the English courts over any proceedings arising from, or related to, these Terms and to the App, such that any proceedings by You and/or against us MU shall only be brought in the English courts (and, to the extent permitted by law, You agree not to argue that the courts of England are not an appropriate forum to hear and determine such claim). Notwithstanding the foregoing, (i) nothing in these Terms will prevent Us from taking proceedings against You in any other court of competent jurisdiction; and (ii) the taking of proceedings by Us in any one or more jurisdictions will not preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.