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Privacy Policy

This was posted on May 10th 2018. It is effective upon acceptance for new users, and from June 1st 2018 for all other users.

On 25th May 2018, the European data protection law known as the General Data Protection Regulation (GDPR) takes effect. The GDPR gives individuals in the EU more control over how their data is used and places certain obligations on businesses that process information of those individuals. We’ve updated our Privacy Policy to take into account the new requirements of the GDPR.

By continuing to use our services on or after 25 May 2018, you acknowledge our updated Privacy Policy and agree to the updated T&Cs.

User Privacy Notice

N’Damus Limited ("N’Damus" ) is committed to your privacy. This privacy notice explains our collection, use, disclosure, retention and protection of your personal information.

This User Agreement, the N’Damus User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which N’Damus  offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies here . All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. 

  • You are entering into a contract with N’Damus Limited, 27 Old Gloucester Street, London WC1N 3AX, United Kingdom. Company Registration number 07481758.

Scope

This privacy notice applies to any N’Damus website, application, service or tool (collectively "Services") where this privacy notice is referenced, regardless of how you access or use them, including through mobile devices.

This privacy notice also applies to the provision of N’Damus services through any N’Damus partner's website, application, service or tool where it is referenced and where your content are published or advertised in accordance with the terms of this privacy notice. 

We may amend this privacy notice at any time by posting the amended version on this site including the effective date of the amended version. We will announce any material changes to this privacy notice through N’Damus website and/or via email.

Personal information we collect

We collect personal information from you and any devices (including mobile devices) you use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in a community board discussion chat, social media or when you otherwise correspond with us.  

Some of this personal information, such as a way to identify you, is necessary to enter into our User Agreement. The provision of all other personal information is voluntary, but may be necessary in order to use our Services, such as the buying or selling information needed to conclude a transaction.

We may also collect personal information from other sources, as described below.

Personal information you give us when you use our Services or register for an account with us

  • Identifying information such as your name, addresses, telephone numbers or email addresses when you register for an account with us.
  • Buying information you provide during a transaction, or other transaction-based content that you generate or that is connected to your account as a result of a transaction you are involved in.
  • Other content that you generate, or that is connected to your account (such as adding items to your basket, adding items to your Watch List).
  • Financial information (such as credit card or bank account numbers) in connection with a transaction.
  • Postage, billing and other information used to purchase or send an item, as well as, where postal services are provided through one of our programs, information required to clear customs (such as Tax ID or other identification numbers) and relevant postage information (such as tracking numbers and tracking updates).
  • In some instances, when you use our Services, you may provide age, gender, interests and favourites.
  • You may also provide us other information through a web form, by updating or adding information to your account, through your participation in community discussions, member-to-member communications, chats, dispute resolution or when you otherwise communicate with us regarding our Services.
  • Additional information we are required or authorised by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected. 

Personal information we collect automatically when you use our Services or register for an account with us

  • We collect information about your interaction with our Services, your advertising preferences and your communications with us. This is information we receive from devices (including mobile devices) you use when you access our Services. This information could include the following: Device ID or unique identifier, device type, ID for advertising and a unique device token.
  • Location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device's settings menu.
  • Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information.

Personal information we collect using cookies and similar technologies

  • We use cookies, web beacons, unique identifiers and similar technologies to collect information about the pages you view, the links you click and other actions you take when using our Services, within our advertising or email content.
  • For more information about our use of these technologies, and how to control them, see Cookies and Similar Technologies.

Personal information collected from other sources

  • We supplement the personal information we collect directly with information collected from third parties and add it to your account information. For example, we collect and use demographic and other information that is publicly available in an applicable jurisdiction, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws
  • Social Media. We allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites may give us automatic access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you and information about the advertisements you have been shown or have clicked on, etc.). If you provide us with access to any site with video content, then you agree that we can share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw authorisation or connection to the social media site. You control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to the personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorising us to have access to this information, you agree that we can collect, use and retain the information provided by these social media sites in accordance with this privacy notice. We may also use plug-ins or other technologies from various social media sites. If you click on a link provided via a social media plug in, you are voluntarily establishing a connection with that respective social media site.
  • If you give us personal information about someone else, you must do so only with that person’s authorisation. You should inform them how we collect, use, disclose, and retain their personal information according to our privacy notice.

 

How we use your personal information

We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing. The following is a summary of how and according to which legal bases we use your personal information.

We use your personal information to fulfil a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:

  • To provide payment processing and account management, operate, measure and improve our Services, keep our Services safe, secure and operational, and customise site content that includes items and services that you may like in response to actions that you take. 
  • To contact you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed or as otherwise necessary to provide you customer service.
    • When contacting you for such purposes as outlined above, we may contact you via email, telephone, SMS/text messages, postal mail and via mobile push notifications.
    • When contacting you via telephone, to ensure efficiency, we may use autodialed or pre-recorded calls and text messages as described in our User Agreement and as authorised by applicable law. Message and data rates may apply.
  • To provide other services requested by you as described when we collect the information.
  • We use general location information to provide you with location based services (such as advertising, search results and other personalised content). 
  • To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities.
  • To enforce our User Agreement, this privacy notice, or other policies, and to monitor restrictions on offers to buy or sell outside of N’Damus and member-to-member communications for violations of our policies or applicable laws.

We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests.  We have implemented controls to balance our interests with your rights.  This includes to:

  • Improve our Services, for example by reviewing information associated with stalled or crashed pages experienced by users allowing us to identify and fix problems and give you a better experience.
  • Personalise, measure and improve our advertising based on your advertising customisation preferences.
  • Contact you via email or postal mail in order to offer you coupons, discounts and special promotions, poll your opinions through surveys or questionnaires and inform you about our Services, as authorised by applicable law.
  • Contact you about public policy matters, or other current events, related to your ability to use our Services. This could include an invitation to join a petition, letter writing, call or other sort of public policy related campaigns. 
  • Deliver targeted marketing, service updates and promotional offers based on your communication preferences.
  • Measure the performance of our email marketing campaigns (e.g. by analysing open and click rates).
  • Measure sellers' performance (e.g. by using shipment tracking information that sellers and shipping providers send or provide through N’Damus Limited).
  • Monitor and improve the information security of our site and mobile applications.

With your consent, we may use your personal information to:

  • Provide you with marketing via telephone calls, email, SMS/text.
  • Provide you with marketing from other N’Damus corporate family members. 
  • Provide you with marketing from third parties.
  • Customise third party advertising you might see on third party websites.
  • Use your precise geo-location to provide location based services.
  • Use your sensitive personal information to facilitate transactions in certain categories.

You have the right to withdraw your consent at any time.

We may use technologies considered automated decision making or profiling. We will not make automated-decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.

 

Your choices about how we use your personal information

Communication preferences

You can control your email communication preferences by emailing us at info@ndamus.com. You can also control your member-to-member communications preferences setting and choose which newsletters and promotions you want to receive.

Marketing

If you do not wish to receive marketing communications from us, you can unsubscribe via the link in an email you received, or indicate your communication preferences using the method described within the direct communication from us or contact us via emailing us: info@ndamus.com. Keep in mind, we do not sell, rent or otherwise disclose your personal information to third parties for their marketing purposes without your consent.

Advertising

If you do not wish to participate in our advertising personalisation programs, you can opt-out by following the directions provided within the applicable advertisement, or through the programs described in our User Cookie Notice. The effect of an opt-out will be to stop personalised advertising, but it will still allow the collection of personal information as otherwise described in this privacy notice. We do not allow third parties to track or collect your personal information on our sites for their own advertising purposes, without your consent.

Staying Signed in

When you sign in to your account on our Services, we give you the option to stay signed in to your account for certain amount of time. If you are using a public or shared computer, we encourage you not to choose to stay signed in. You or any other user of the computer/browser you signed in on will be able to view and access most parts of your account and take certain specific actions during this signed in period without any further authorisation. The specific actions and account activities that you or any other user of this computer/browser may take include:

  • Buy or make an offer on an item
  • Check out or add items to your basket
  • Purchase an item with PayPal using Faster Checkout (if enabled in your account)
  • View the activity header
  • View the N’Damus page
  • View the profile page
  • Send member-to-member messages
  • Conduct after-sale activities, like leaving Feedback, cancelling orders, requesting returns or submitting claims

If you attempt to change your password, User ID, update any other account information or attempt other account activity beyond those listed above, you may be required to enter your password.

You can typically end your signed in session by either signing out and/or clearing your cookies. If you have certain browser privacy settings enabled, simply closing your browser may also end your signed in session. If you are using a public or shared computer, you should sign out and/or clear your cookies when you are done using our Services to protect your account and your personal information.

Ways you can access, control and correct your personal information

 

Access, correction and deletion of your personal information

You can see, review and change most of your personal information by signing in to your account. Please, update your personal information immediately if it changes or is inaccurate. Keep in mind, once you make a public posting, you may not be able to change or remove it.

We will honour any statutory right you might have to access, modify or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable national laws, please contact us following the instructions in the Contact Us section. Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.

If you request that we stop processing some or all of your personal information or you withdraw (where applicable) your consent for our use or disclosure of your personal information for purposes set out in this privacy notice, we might not be able to provide you all of the Services and customer support offered to our users and authorised under this privacy notice and our User Agreement.

Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws.

 

How we might share your personal information

We may disclose your personal information to the following parties for the following purposes:

N’Damus Limited corporate family members, who may use it to:

  • Provide joint content and services (like registration, transactions and customer support)
  • Help detect, investigate, mitigate and prevent potentially fraudulent and illegal acts, violations of our User Agreement and data security breaches
  • Provide you personalised advertising
  • Improve their products, sites, applications, services, tools and marketing communications.
  • Members of our N’Damus Limited corporate family will use your personal information to send you marketing communications only if you have consented to receive such communications from them or if otherwise permitted by the law.

Service Providers and financial institutions partners as follows:

  • Third party service providers who help us to provide our Services, payment processing services, assist us in providing customised advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our User Agreement, fraud and/or security breaches, bill collection, affiliate and rewards programs, co-branded credit cards and other business operations.
  • Third party financial institutions with whom we partner to offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third party financial institution partners will use your personal information to send you marketing communications only if you have requested their services.
  • Third party postage providers (e.g. Royal Mail, My Hermes, DHL, UPS, USPS, etc.) with whom we share delivery address, contact information and shipment tracking information for the purposes of facilitating the delivery of items purchased and other delivery related communications.
  • Third party providers of websites, applications, services and tools that we cooperate with so that they can publish or advertise your listings and their content on their websites or in their applications, services and tools. If we transfer personal information along with the content of your listings to third party providers, this will be solely on the basis of an agreement limiting use by the third party provider of such personal information to processing necessary to fulfil their contract with us and obligating the third party provider to take security measures with regard to such data. Third party providers are not permitted to sell, lease or in any other way transfer the personal information included in your listings to third parties.

Law enforcement, legal proceedings and as authorised by law

  • To comply with our legal requirements, enforce our User Agreement, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.
  • To law enforcement or governmental agencies, or authorised third-parties, in response to a verified request or legal process relating to a criminal investigation or alleged or suspected illegal activity or any other activity that exposes us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history.
  • To credit agencies or bureaus as authorised by applicable national laws (e.g. information on late or missed payments or other defaults on your account that may be reflected in your credit report or file).
  • To third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal basis, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Other N’Damus Limited users as authorised by you or your use of our Services

  • When transacting with another user, the other user may request that we provide him/her with information about you necessary to complete the transaction, such as your name, account ID, email address, contact details, postage and billing address, or other information from you needed to promote the reliability and security of the transaction.
  • If a transaction fails, is put on hold, or is later invalidated, we may also provide the other user with details of the unsuccessful transaction
  • The other user receiving your information should only use it for purposes related to the transaction. Unless you have consented to receive marketing from them, they should not contact you for marketing purposes.
  • Contacting users with unwanted or threatening messages is a violation of our User Agreement.

We may disclose your personal information to PayPal Inc. and its corporate family

  • To prevent, detect, mitigate, and investigate potentially illegal acts, fraud and/or security breaches, and to assess and manage risk, including to alert you if fraudulent activities have been detected on your N’Damus Limited or PayPal accounts
  • To provide customer services, including to help service your account or resolve disputes (e.g., billing or transactional disputes)
  • To facilitate the processing of payment cards when you pay within our Services with a payment card and we use PayPal to process your payment
  • To facilitate delivery and related services for purchases you made using PayPal

Change of Ownership

If we are subject to a merger or acquisition with/by another company, we may share information with them in accordance with our global privacy standards. Should such an event occur, we will require that the new combined entity follow this privacy notice with respect to your personal information. If we intend to handle your personal information for any purposes not covered in this privacy notice, you will receive prior notification of the processing of your personal information for the new purposes.

 

How long we keep your personal information

Our specific retention times for personal information are documented in our regional records retention schedules. How long we retain personal information can vary significantly based on context of the Services we provide and on our legal obligations. The following factors typically influence retention periods:

  • How long is the personal information needed to provide our Services? This includes such things as maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. This is the general rule that establishes the baseline for most of our data retention periods.
  • Is the personal information sensitive?If so, a shortened retention time is generally appropriate.
  • Have you provided consent for a longer retention period?If so, we will retain data in accordance with your consent.
  • Are we subject to a legal, contractual, or similar obligation to retain your personal information?Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or personal information retained for the purposes of litigation.

After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.

 

Cookies & Similar Technologies

When you visit or interact with our sites, services, applications, tools or messaging, we or our authorised service providers may use cookies and other similar technologies to help provide you with a better, faster and safer experience, and for advertising and marketing purposes. You can read our full User Cookie Notice for more information.

How do we protect your Personal Information

We protect your personal information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorisation controls. For more information about staying safe while buying and selling online, or to report an issue with your account please contact us by emailing info@ndamus.com.

 

Data Controllers & Data Protection Officers

You are contracting with our N’Damus Limited UK based company, as follows:

  • N’Damus Limited, 27 Old Gloucester Street, London WC1N 3AX, United Kingdom. Company Registration number 07481758.

The company you are contracting with is your data controller, and is responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with our global privacy standards, this privacy notice, as well as any applicable national laws. 

We may process and retain your personal information on our servers in the U.S. and elsewhere in the world where our data centres are located.

Where we have a legal obligation to do so, we have appointed data protection officers (DPOs) to be responsible for the privacy programme at each of the respective data controllers. You can contact any of our DPOs via the Contact Us information detailed below in this privacy notice.

 

Other Important Privacy Information

When you share your personal information on our sites or applications – what happens?

Other users have access to the information you share on N’Damus. For example, other users can see your purchases, the sellers and collections you follow, shopfronts, feedback, ratings, product reviews and associated comments. Other users can also see any information you chose to share in your profile or your collections.

When you use our Services, your public user ID or name may be displayed and available to the public and associated with all of your public N’Damus activity. Notices sent to other users about suspicious activity and notice violations on our sites may refer to your public user ID or name and specific items. If you associate your name with your user ID, the people to whom you have revealed your name may then be able to identify your N’Damus activities.

Unwanted or threatening email

We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list (email or postal), call, or send him/her text messages for commercial purposes, even if this user purchased something from you, unless the user has given his/her explicit consent. Sending unwanted or threatening email and text messages is against our User Agreement. To report N’Damus spam or spoof emails please forward the email to info@ndamus.com.

 

Communication tools

We may scan messages automatically and check for spam, viruses, phishing and other malicious activity, illegal or prohibited content or violations of our User Agreement, this privacy notice or our other policies. 

Children's Privacy

Our websites are general audience websites and not intended for children. We do not knowingly collect personal information from users deemed to be children under their respective national laws.

Third Party Privacy Practices

This privacy notice addresses only our use and handling of personal information we collect from you in connection with providing you our Services. If you disclose your information to a third party, or visit a third party website via a link from our Services, their privacy notices and practices will apply to any personal information you provide to them or they collect from you.

We cannot guarantee the privacy or security of your personal information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your personal information. This is true even where the third parties to whom you disclose personal information are bidders, buyers or sellers on our site.

If you have a question or a complaint about this privacy notice, our global privacy standards, or our information handling practices, you can reach the Global Privacy Office in writing at: N’Damus Limited, 5 All Saint’s Court, Trewsbury Road, London, SE26 5ED

You can also email our Global Privacy team & data protection officers at info@ndamus.com.

Your right to file complaints with a data protection supervisory authority remains unaffected.

Summary

When you visit or interact with our sites, services, applications, tools or messaging, we or our authorised service providers may use cookies, web beacons, and other similar technologies for storing information to help provide you with a better, faster, and safer experience, and for advertising purposes.

This page is designed to help you understand more about these technologies and our use of them on our sites and in our services, applications, and tools. Below is a summary of a few key things you should know about our use of such technologies. You can review the contents of our full User Cookie Notice below.

Our cookies and similar technologies have different functions. They are either necessary for the functioning of our services, help us improve our performance, give you extra functionalities, or help us to serve you relevant and targeted ads. We use cookies and similar technologies that only remain on your device for as long as you keep your browser active (session) and cookies and similar technologies that remain on your device for a longer period (persistent). You're free to block, delete, or disable these technologies if your device allows this. You can manage your cookies and your cookie preferences in your browser or device settings.

Where possible, security measures are set in place to prevent unauthorised access to our cookies and similar technologies. A unique identifier ensures that only we and/or our authorised service providers have access to cookie data.

Service providers are companies that help us with various aspects of our business, such as site operations, services, applications, advertisements and tools. We use some authorised service providers to help us to serve you relevant ads on our services and other places on the internet. These service providers may also place cookies on your device via our services (third party cookies). They may also collect information that helps them identify your device, such as IP-address, or other unique or device identifiers.

If you're accessing N’Damus from a mobile device using an N’Damus Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the User Agreement. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. N’Damus grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.ndamus.com website.

Intellectual Property - Applications. N’Damus owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter N’Damus copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any N’Damus Application.

Prohibited Countries Policy and Foreign Trade Regulation - Applications. N’Damus Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an N’Damus Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS - Apple

  1. These Terms of Use are an agreement between you and N’Damus, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. N’Damus grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Windows - Microsoft

  1. These Terms of Use are an agreement between you and N’Damus, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
  2. You may install and use one copy of this Application on up to five (5) Windows enabled devices you personally own or control and which are affiliated with the Windows ID associated with your Windows Marketplace Account associated with your Microsoft account. You may not install or use a copy of this Application on a device you do not own or control.
  3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
  4. Microsoft, the wireless carriers over whose network this Application is distributed (if applicable), and each of their respective affiliates, vendors, agents and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee or conditions under or in relation to this Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

BlackBerry – Research in Motion 

This Application uses network services and may incur additional network data charges (including additional charges when roaming).

  1. To the extent permitted under your local laws, Research in Motion E-Commerce (Inc., Corp. & S.a.r.l.), the telecommunications carriers over whose network this Application is distributed (if applicable), and any third party merchant of record acting as a merchant of record for any transaction associated with this Application (collectively, “Disclaiming Parties”) exclude any liability whatsoever in relation to the Application including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of the Application.
  2. The Disclaiming Parties are third party beneficiaries of this section entitled “Blackberry – Research in Motion” of the Privacy Policy and Terms of Use, and, upon your acceptance, the Disclaiming Parties as third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you.'