Last updated: 29 June 2020
• You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 18 years of age in England). This applies to you even if Digital Content we make available indicates that it is suitable for children.
• If you are not an adult and you want to use the Services, you must ask your parent or legal guardian to review these Terms and our Privacy Notice. You may then only use the Services if your parent or guardian agrees to the Terms and permits you to use the Services under his or her supervision. Your parent or legal guardian must also read our Privacy Notice together with you and they must consent to our processing your personal data on your behalf in accordance with the Privacy Notice.
For parents and legal guardians
• If you are a parent or legal guardian of a child who has asked you to agree to these Terms so that they may use the Services (your “Child”), then please read the following points carefully.
• You should review these Terms and our Privacy Notice before accepting these Terms. In addition, please make sure that you and your Child (where your Child is old enough to consent to the processing of his or her personal data in the country or state in which you live) is familiar with our Privacy Notice, as by accepting these Terms you will be consenting to our processing of your Child’s personal data in accordance with our Privacy Notice.
• By agreeing to these Terms you will be jointly and severally liable for all acts carried out by your Child when they are using the Services.
1. Who we are
1.1 We are Piggyback Interactive Limited, a private limited company incorporated under the laws of England and Wales with company number 03521751 (“we”, “our”, “us” and/or “Piggyback”). Our registered office is 5 Westmont Court, Monmouth Road, London, W2 4UU.
1.2 You can contact us by email at firstname.lastname@example.org.
2. About these Terms
2.1 These Terms govern the relationship between you and us in relation to your use of:
(a) the website made available at the domain name https://www.piggyback.com (the “Website”);
(b) any works, materials and Digital Content in digital form created by or for us that we made available to you, whether you access them on your computer, smartphone or any other device, and whether you access them on the Website or otherwise, including (without limitation) any sample pages of our official guides and information about our official guides (“Digital Content”);
(c) all other services that we may make available to you from time to time, for example, newsletters and competitions, unless we specifically state that different terms and conditions apply to those services.
2.2 In these Terms, we refer to the Digital Content, the Website and other services mentioned in Paragraph 2.1 above collectively as the “Services”.
2.3 By using the Services, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms (the “Agreement”). If you do not agree to these Terms, please do not attempt to access the Website or any of the other Services.
2.4 From time to time, in order to receive certain Services from us (for example, but without limitation, participation in competitions), we may also require you to enter into additional terms and conditions that supplement, amend or replace these Terms as stated within those additional terms and conditions.
3.1 We own, or are otherwise permitted by third parties to use, all the intellectual property rights in the Digital Content and any other works made available to you in the course of our providing the Services.
3.2 In return for your acceptance of these Terms and any monetary payment (where applicable), we grant you the personal right (known as a ‘licence’) to use our Services, strictly subject to these Terms, and in particular to the restrictions set out in these Terms.
3.3 The licence granted to you by us to use the Services under these Terms is limited in a number of ways as set out below. This licence is:
(a) non-exclusive, meaning that we can grant the same or similar licences to other people as well;
(b) personal, not transferable and not sub-licensable, meaning that the licence is only for your benefit and you may not grant the licence to anyone else (only we may grant licences to use the Services);
(c) revocable, meaning that we can terminate this licence in the circumstances set out in these Terms;
(d) non-commercial, meaning that you can only use the Services for private domestic purposes and not for commercial purposes;
(e) limited to using the Services for the purposes we set out in these Terms and for the duration that these Terms are in force; and
(f) conditional on your compliance in full with these Terms.
3.4 You acknowledge and agree that, other than the licence granted to you by these Terms, you shall have no right to use the Services. You shall have no ownership rights over any of our Services, including no ownership of any intellectual property rights in our Digital Content.
4. Our rights and responsibilities
4.1 We will provide the Services using reasonable skill and care.
4.2 We will use reasonable endeavours to make the Services available to you, but we cannot guarantee that the Services will be available on an uninterrupted basis. Your access to the Services may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality. At times, unscheduled downtime may be necessary, including for security purposes. Further, owing to the inherent nature of the internet and related technologies, errors, interruptions and delays may occur in the Services from time to time. We will use reasonable endeavours to try to limit the frequency and duration of downtime, to the extent within our reasonable control.
4.3 We cannot guarantee that the Services will be free from errors, bugs or viruses. We also cannot guarantee that the Digital Content or information provided in the Services is accurate or complete. As with all software and services accessed through an electronic device, we recommend that you use anti virus software while using the Services. We also recommend that you have an up-to-date back up of your device before using the Services.
4.4 We may modify, cease to offer or cease to support the Services from time to time. We will use reasonable endeavours to inform you of significant changes to features of the Services through appropriate means.
5. Your rights and responsibilities
5.1 You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if necessary, stop using our Services.
5.2 You must not:
(a) use the Services 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 Services;
(b) use the Services in any manner that would be antisocial, offensive or disruptive to other players and users of the Services;
(c) infringe our intellectual property rights or those of any third party in relation to your use of the Services;
(d) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(e) copy the Digital Content, including any sample pages of our official guides or other works made available to you as part of the Services, except in order to make a single copy on your computer or device, or where it is necessary for the purpose of making a back-up permitted by applicable law;
(f) collect, ‘scrape’, ‘mine’ or ‘harvest’ any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
(g) sell, transfer or try to sell or transfer an account with us or any part of an account;
(h) perform services for another user of the Services or otherwise within the Services in exchange for payment or other services; or
(i) make available the Services to any person in any form, whether in whole or in part, except to a Child for whom you are the parent or legal guardian in accordance with these Terms.
5.3 In order to access the Services, the device that you use may need to meet certain minimum hardware and software requirements. Some Services can only be accessed on certain hardware and software platforms, such as a PC running Microsoft Windows® 10. You may also require an internet connection with minimum upload and download speeds to access the Services. We will use reasonable endeavours to notify you of the relevant minimum requirements before you access our Services, but these are subject to change from time to time. If the device you are using does not meet the minimum requirements to access the Services, we cannot accept any responsibility if they do not operate properly or if they cause any damage to your device.
6.1 When using our Services, we may give you the option to (and, in some instances, you may be required to) open an account with us or a third party (for example, a platform, payment service provider or a distributor of Digital Content).
6.2 Any Piggyback account you create is personal to you and you are not entitled to transfer your account to any other person.
6.3 If you create an account with us, you agree that you shall take all steps necessary to protect your account and login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your account.
6.4 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services, and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
6.5 You understand that, if you delete a Piggyback account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account.
7. User-generated content
7.1 In the course of accessing the Website and other Services, you may be permitted from time to time to upload, transmit, create, or generate data and content (collectively, “UGC”).
7.2 You shall retain all of your rights of ownership that may exist in your UGC under the laws of any relevant country or state, including any intellectual property rights. Nevertheless, you acknowledge that this UGC shall not be confidential information. You also waive any moral rights that may arise in your UGC throughout the world, to the maximum extent permissible by applicable law. Moral rights include certain author’s rights, including the right to be identified as the author of the UGC or the right to object to a derogatory treatment of that UGC.
7.3 You further grant us the personal right (known as a ‘licence’) to use your UGC however we wish (including in respect of uses not yet known or contemplated), whether or not in connection with the Services, including (without limitation) the right to reproduce or adapt your UGC and to communicate to the public, lend, distribute or otherwise commercially exploit your UGC. This licence shall further be:
(a) worldwide, meaning that we can use the UGC anywhere in the world;
(b) perpetual, meaning that it lasts forever, even after these Terms cease to apply;
(c) irrevocable, meaning that you cannot revoke this licence to us;
(d) transferable and sub-licensable, meaning that we can freely assign and sub license this licence to others without asking you for permission; and
(e) royalty-free, meaning that you cannot charge us to use the UGC.
7.4 You must not use the Services to create or transmit any UGC that:
(a) is defamatory, offensive, abusive, fraudulent or otherwise objectionable;
(b) is pornographic, profane, sexually explicit or indecent;
(c) incites violence or racial hatred or discrimination;
(d) amounts to a criminal offence or encourages one, gives rise to civil liability or otherwise breaks any local, state, national or international law;
(e) contains advertising, promotions or commercial solicitations of any kind, including (without limitation) spam, junk mail, chain letters, pyramids schemes or similar;
(f) constitutes or contains false or misleading indications of origin or statements of fact, including (without limitation) anything that is used to misrepresent your identity or affiliation with any person (including by concealing your IP address);
(g) infringes the rights of third parties including (without limitation), copyrights, trade marks, patents, design rights, moral rights, rights of privacy, rights of publicity or another proprietary right; or
(h) is reasonably likely to harass, upset, embarrass, alarm or annoy any other person.
7.5 We have the right, but not the obligation, to monitor, approve, verify, modify and remove uploaded UGC from our Services at any time in our absolute discretion. This may be because it infringes the rights of someone else, it breaches these Terms, we consider that it may bring us or our Services into disrepute or for any other reason at our sole discretion. Nonetheless, you acknowledge that we cannot actively monitor all UGC and we make no promise to do so. You understand and agree that all UGC that a person may create and distribute when using our Services, whether publicly posted or privately sent to someone else, is the sole responsibility of that person. This means that you, not us, are entirely responsible for all UGC that you may upload, communicate, transmit or otherwise make available on our Services.
8. Our right to suspend your access to the Services
8.1 We may suspend your access to the Services if we reasonably believe that you have breached any of these Terms and/or the Agreement.
8.2 If we suspend your access to the Services:
(a) we will use reasonable endeavours to notify you;
(b) you will not be able to access the Services during the period of suspension, while we investigate the relevant circumstances; and
(c) depending on the outcome of our investigation, you may be permanently excluded from the Services.
8.3 If you are in breach of any of these Terms, we can terminate this Agreement immediately at any time and without refunding any payments made by you. If we do this, we will give you notice that we are terminating this Agreement with immediate effect.
8.4 We can also terminate this Agreement immediately at any time for technical or operational reasons beyond our reasonable control. If we do this, we will give you as much notice as reasonably possible.
8.5 If we terminate this Agreement, you must immediately stop all activities authorised by these Terms, including your access to the Services.
9. Third parties
9.1 Some of our Services may only be accessed through services provided by third parties. These third parties are likely to require you to accept additional terms and conditions governing the supply of any goods and services (including our Services) by such third parties. Those terms and conditions of third parties will form a separate agreement between you and the relevant third party and are in addition to this Agreement. We encourage you to read the terms and conditions of third parties carefully before you agree to them.
9.2 Even if you have purchased Services separately from a third party, you must accept these Terms and enter into this Agreement before you may use the relevant Services.
9.3 Where the Website and other Services contain links to, and connect with, other websites, content or services provided by third parties, we have no control over the Digital Content of those services or resources and we take no responsibility for the content of such third party services or resources, including their accuracy or quality. Any external website, content or services that you access by clicking a link on the Website and other Services is entirely at your own risk to the maximum extent permitted under applicable law. We accept no responsibility for their Digital Content, behaviour, safety or treatment of your personal data to the maximum extent permitted by applicable law.
10. Our liability to you
10.1 Subject to Paragraph 10.2 below, if we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our unremedied breach of this Agreement. Loss or damage is reasonably foreseeable only where it could be reasonably contemplated by you and us at the time and date you agreed to these Terms.
10.2 We are not liable to you for the following types of loss or damage that may arise from your use of the Services:
(a) loss or damage not caused by our breach of these Terms or our negligence;
(b) any increase in loss or damage resulting from breach by you of any of these Terms;
(c) loss or damage not reasonably foreseeable by you and us when you agreed to these Terms, including loss or damage that occurs in consequence of such loss or damage, for example, loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
(d) loss or damage to any device on which you access or use any of our Services or to any data on that device, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services;
(e) loss or damage that you suffer as a consequence of the actions or omissions of third parties, including our third party service providers and other users of the Services;
(f) any indirect, consequential, punitive or special loss or damage; or
(g) any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our reasonable control, including (without limitation), an act of God, storm, fire, flood, internet outage, epidemic or pandemic, strikes, or riots.
10.3 The Services may only be accessed by you for private non-commercial use under these Terms. Nevertheless, if you use the Services for commercial purposes in breach of these Terms, we will not be liable to you for any loss of profit, loss of business, loss of anticipated savings, loss of reputation and/or depletion of goodwill.
10.4 If the consumer law of the country or state where you are resident does not permit any of the limitations of liability set out in Paragraphs 10.1, 10.2 or 10.3, then those limitations of liability shall apply only to the maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the Services.
10.5 We do not limit our liability to you for death or personal injury caused by our negligence or the fraud of our employees or other representatives or for anything else where it would be unlawful to do so under applicable law.
11. Your personal data and privacy
When we process your personal data, we will do so in accordance with the data protection laws that apply to us and in accordance with our Privacy Notice. Please read it carefully.
12. Changes to these Terms
12.1 We may need to amend these Terms and our Privacy Notice from time to time, for example, in order to ensure that we remain compliant with applicable law or to reflect any changes we make to the Services or otherwise. If we make any changes to these Terms, we will upload an amended version of the Terms to this URL: https://www.piggyback.com/de/terms-of-use.
12.2 Your continued use of the Services after any changes to the Terms have been made by us will mean that you accept those changes to the Agreement. If you do not agree to any changes to the Terms, you may not continue to use the Services.
12.3 Any changes to these Terms will not affect your accrued rights and will not have any retrospective effect.
13. Law and jurisdiction
13.1 If you have a complaint, please let us try to resolve it first. You can send us details of your complaint by email to email@example.com. If you have entered into a financial transaction relating to one of the Services, for example, by purchasing a licence to use Digital Content, then you should contact the third party from whom you made the purchase in the first instance, but we are also happy to try to help where we can.
13.2 In the event of any dispute, controversy, or claim relating to these Terms and/or the Agreement (including the Privacy Notice), a Product, or the Services (a “Dispute”), both you and we shall first use best efforts to negotiate an informal resolution to such Dispute for at least thirty (30) days before initiating any formal proceeding. This informal negotiation period will commence upon written notice from one party to the other.
13.3 These Terms and/or the Agreement, and any Dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may be subject to the laws of the country or state in which you are resident.
13.4 The jurisdiction for any Dispute shall depend on the country or state in which you are resident. You may only bring legal proceedings in respect of a Dispute against us as follows:
(a) if your country or state of residence is England or Wales: only in the courts of England and Wales;
(b) if your country or state of residence is outside England and Wales: in the courts of England and Wales or, alternatively, the courts of the country or state in which you are resident, if you are allowed to do so by the laws of the country or state in which you are resident.
14. Other important terms
14.1 Subject to Paragraph 2.4, these Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.
14.2 You may not assign or otherwise transfer your rights under this Agreement to someone else for any reason (or attempt or purport to do so) unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.
14.3 Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
14.4 Nothing in these Terms will create any relationship of partnership, agency or employment between us.
14.5 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.