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Terms & Conditions

Jack’s Shop Smart App Terms and Conditions

The Jack’s ShopSmart App (the “App”) is operated by Tesco Stores Ltd trading as Jack’s (part of the Tesco Group), a company registered under the Companies Acts 2006 in England and Wales (No 515900) and having its registered office at Tesco Stores Ltd, Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA.

These Terms and Conditions govern your use of the Jack’s ShopSmart App (the “App”) and your relationship with Tesco Stores Limited trading as Jack’s (Jack’s, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions please do not register for use of the App or use the App. Please note that to use the App you are required to register as an authorised user for a account. If you have any questions on these Terms and Conditions, please get in touch:

1. Use of the Jack’s Shop Smart App

The App is provided to you free of charge solely for your personal use, subject to these Terms and Conditions. By registering for the App you agree to be bound by these Terms and Conditions. Jack’s will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

These Terms and Conditions do not affect your statutory rights

2. Registration

To register to use the App you must be over 18 years of age, have a valid login and a UK address.

3. Your information

We collect information about you when you register with and use the App.

We use your information to manage and improve the App, check and verify your identity and prevent or detect crime.

To find out more about the personal data we collect from you and how we use it please refer to our privacy and cookies policy.

4. Availability

The App can only be used to purchase items which are not subject to any purchase restrictions or security restrictions.

Although we aim to offer you the best service possible, Jack’s makes no promise that the Jack’s ShopSmart App will meet your requirements. Jack’s cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to a Customer Assistant and we will attempt to correct the fault as soon as we reasonably can.

Your access to the service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Jack’s will attempt to restore the service as soon as we reasonably can.

5. Difficulty scanning items

There may be instances when you have difficulty correctly scanning an item. Please contact a Customer Assistant for help.

6. Service checks

We routinely carry out security checks of Jack’s ShopSmart App users. This is a part of our service and does not imply any wrongdoing on your part. You agree that your shopping may be checked at any time when required by Jack’s colleagues.

Jack’s reserves the right to cross reference items against your device at any time.

7. Payment

You agree to scan and pay for all items in your shop before leaving the store. We reserve the right to refer any instance where we reasonably consider that there has been abuse of the App service to the police or our Civil Debt Recovery service.

8. Prices and promotions

Please note any deductions for promotions will register at the checkout before you pay the final amount.

All prices are expressed inclusive of any VAT payable unless otherwise stated.

9. Our Right to Suspend or Cancel your Registration

Jack’s may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the App.

The suspension or cancellation of your registration and your right to use the App shall not affect either party’s rights or liabilities.

We reserve the right to withdraw the ShopSmart Scan as you Shop service at any time. Paragraph 12 of these Terms and Conditions shall survive cancellation.

10. Use of the App

In this section 10, “Content” means any image, photograph, picture, text, artwork, file, sound, graphic, data or other similar materials submitted or uploaded to, via, through or in connection with the App and “Media” means any means of conveying information, whether now known or hereafter devised.

Jack’s and any Jack’s subcontractor or representative (including IQ Engines, Inc) disclaim all warranties and limit all liabilities arising out of or related to the App to the fullest extent permissible under law. In particular, both Jack’s and any Jack’s subcontractor or representative (including IQ Engines, Inc) disclaim all liabilities in connection with the following:

a. incompatibility of the App with any of your equipment, software or telecommunications links;

b. any loss or damage caused to any of your equipment by use of the App;

c. technical problems including errors or interruptions of the App;

d. unsuitability, unreliability or inaccuracy of the App;

e. inadequacy of the App to meet your requirements.

You hereby grant to Jack’s and where applicable any Jack’s subcontractor or representative a worldwide, perpetual, irrevocable, non-exclusive, royalty free, fully-paid up, transferable right and license, with the right to sublicense (through multiple tiers) in respect of all of your intellectual property and other rights in the Content to copy, make derivative works of, distribute, transmit, publicly perform, publicly display, modify or adapt the Content, in whole or in part, for any and all purposes, in any manner, using any Media.

You acknowledge that Jack’s owns or is the licensee to all right, title and interest in and to this App, including all rights under patent, copyright, trademark and all other proprietary rights including all applications, renewals, extensions and restorations thereof, granted by and under any and all applicable laws.

You warrant that you will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the App.

11. Update to this app

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App and the Services.

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.

12. Data

By using the App or any other Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We will make use of location data sent from your devices while you are using this App. If you use this App, 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.

13. Miscellaneous

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Jack’s ignores this, Jack’s will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Jack’s shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.