Terms and Conditions for downloading, accesing and using the PACKSTORY app

1. Scope of application

Downloading, accessing and using the PACK STORY App is subject to the Terms and Conditions (hereinafter referred to as “T&C”) set forth below. The use of the APP, including its mobile version: PACK STORY (hereinafter, the “APP”), is operated under a license agreement by TETRA PAK, S.A. (hereinafter referred to as “Tetra Pak”), a company incorporated under the laws of the Republic of Panama, domiciled in Obarrio, Avenida Samuel Lewis and Calle 55 E, Plaza Globus Building.

The person who enters the APP will be referred to hereinafter as the “User”. By downloading the APP, the User declares to be of legal age (18 years) and that he/she/they has the necessary legal capacity to accept these T&C.

The User shall be deemed to have read and accepted these T&Cs, including the Privacy Policy incorporated herein under this reference. The User acknowledges that the entry of data such as his/her/their name, address, telephone number and e-mail address (hereinafter, the “Personal Information”), and the data contained in the application at his/her/their disposal is done voluntarily. Those who choose to access this APP do so on their own initiative and are responsible for compliance with local laws. All Personal Information provided will be for tetra Pak use and, the User agrees that it is stored, transferred, and shared by Tetra Pak with related companies and/or suppliers.

Tetra Pak makes the APP available to the User free of charge so that it can know about its products, as well as contact related companies or suppliers. The access and download of the APP are completely free except in regards the cost of the connection through the telecommunication network provided by the access provider contracted by the User.

2. Download and access to the app

The download and access to the APP is completely free and can be done through the Apple Store or Google Play, depending on the operating system used by the mobile device from which the User downloads the APP. To access the promotions, it is necessary for the User to register.

3. Conditions of access to the app

The access and use of the APP do not require prior subscription or registration of the User, that is, the access is free of charge for anyone who wants to browse with the APP. The User must register to access some of the content offered by the APP or the interaction in it. In addition, in order to participate in the use of the APP, exchange information, upload content, interact and access videos and information on different social networks (Facebook, Instagram, You Tube) and participate in promotions and prizes, the User must perform the following steps:

1. Download the free “Pack Story” APP that is published in Apple and Google Play stores and on the www.packstorycc.app.
2. Once installed, the unique code printed on Tetra Pak packaging from participating brands may be scanned.
3. By performing the process of scanning the code with the APP, the User will be able to automatically access and interact with the contents of the APP and/or upload content provided by himself.

4. Use of the app by the user

The User must use the APP and its contents in accordance with these T&C, the uses and customs, good faith and applicable current legislation. The User shall be solely responsible to Tetra Pak and/or third parties for their use of the APP and/or its contents. In no case nor under any circumstances will Tetra Pak assume any responsibility arising from the use of the APP made by the User, especially in cases where such use is made in breach of the provisions of this T&C and/or applicable current regulations.

Any fraudulent use that is abusive, illegal or contrary to the good faith of the APP and/or its contents is also expressly prohibited. Consequently, and without limitation, the User must refrain from:

• Reproduce, distribute, publicly communicate, transform, or modify the APP or any of its contents, including these T&C, regardless of the purpose of such use, without the prior written permission of Tetra Pak.
• Carry out any type of illegal, fraudulent activity, contrary to these T&C, current legislation and/or good faith, or if it prevents and/or hinders the correct use of the APP or its contents.
• Link or reproduce the APP or its contents from third-party websites, platforms, forums, chats, blogs or social networks, which are contrary to the law, offensive or attacking human dignity, fundamental rights or Tetra Pak itself and/or are likely to be considered illegal.
• Introduce and/or disseminate in the APP content that violates human rights and the dignity of people such as racist, xenophobic, pornographic content or implying advocacy of terrorism and/or illegal activities, and/or contrary to good use and customs.
• It will not collect information or content from other Users using automatic means (such as harvesting bots, robots, spiders or scrapers)
• It will not advertise or develop or use third-party applications to advertise.

5. App features

The purpose of the APP is for the User to interact and be informed about Tetra Pak’s customers’ products and/or certain products of its own, through a series of dynamics and games that the APP will constantly update. In addition, the APP offers code scanning dynamics to accumulate points and participate for instant prizes. In the event that the User submits digital images or other content, including all photographs, illustrations, graphics and text (hereinafter, collectively, the “Materials”) to Tetra Pak through the APP, the following terms shall apply:

1. The User may only send to Tetra Pak through the APP, Materials of which he/she/they owns all intellectual property rights. In this sense, if the User sends a digital image to Tetra Pak, the User must have all rights in said image or, the User must have obtained the authorization of the person who owns such rights, with sufficient scope for use, according to this 5th clause. Likewise, the User may not send any personal identifiable information relating to third parties.
2. The Material and content that the User submits, edits, publishes or reproduces may be viewed by other Users, as provided in the Privacy Policy. When the User publishes content, it means that it allows Tetra Pak and other Users to access and use such information.
3. The User will continue to own any Materials and content posted on the APP, including Material and content protected by Intellectual Property Rights, such as photographs and videos, although he/she/they specifically grants Tetra Pak the following permission: he/she/they grants a non-exclusive, transferable, worldwide territorial license and for the entire duration of intellectual property rights in accordance with applicable law, to use, reproduce, transform, distribute and communicate publicly in any form, both within the platform and in other media (websites, media, etc.) any Material and content he/she/they post on the APP.
4. The User hereby grants Tetra Pak and its sub-licensees a non-exclusive, worldwide, royalty-free license to use all trademarks, trade names and the names and images of any individual appearing in the Material. The User grants Tetra Pak and its sub-licensees the right to use the name the User submits in connection with the Material.

6. Liability and warranty reginme

Tetra Pak does not guarantee the availability at all times of the access and continuity of the operation of the APP. Therefore, Tetra Pak will not be liable for any damages that may be caused to the User, arising as a result of unavailability, access failures and lack of continuity of the APP.

The User acknowledges that the APP may be out of service for maintenance at any time and without prior notice, and that this will not cause any damage to the User, who will refrain from claiming any damage in this regard.

Tetra Pak is not responsible for:

1. Content hosted in the space attributed to the User for the use of the APP.
2. Advertising or content hosted in the APP by companies that advertise or promote their products through the APP, any responsibility for all advertising or content incorporated into the APP being in their full charge.
3. Los posibles daños en el equipo donde se descargó la APP, los cuales serán responsabilidad total y exclusiva del Usuario.
4. Damage due to virus infection on the User’s computer. Although the APP incorporates the right safeguards to protect it and uses standard technology to maintain and improve its security and integrity and that of the information it contains, the Internet is not an impregnable means. In any case, it is the User’s responsibility to protect its devices against possible viruses, malware, third-party attacks or any other harmful computer element that could affect its devices, thus enabling appropriate tools for the detection and disinfection of harmful software.
5. In addition, Tetra Pak is not responsible for the following:
   1. Any illegitimate intrusion by a third party.
   2. The user’s faulty configuration.
   3. The approval time of the APP by the different app stores.
   4. Tetra Pak strives to always provide Users in the APP with up-to-date, complete and accurate information. However, not all information offered in the APP is the responsibility of Tetra Pak.The User acknowledges and agrees that the APP is provided by Tetra Pak under these T&Cs and that this is the only contractual relationship under which the APP is provided. Therefore, the User agrees not to direct any claim of any kind to Tetra Pak partners, suppliers, and related companies with respect to this APP.

7. Content control

1. Tetra Pak does not control the contents that enter the APP, so it is not responsible for the content of these images, photographs, information, Materials, and content in general.
2. Although Tetra Pak has no obligation to examine, edit or control the content and Material posted in any interactive area, Tetra Pak reserves the right, and has absolute discretion to remove, examine or edit any Material or content posted or stored in the APP at any time and for any reason and without notice.
3. Tetra Pak may access, use or disclose any information about the User or his/her/their use of the APP, including, without limitation, any content to comply with the law or any legal process, to protect and defend the rights, or to protect the safety of Tetra Pak, employees, customers or the public.
4. By using the APP, the User may be exposed to objectively inaccurate, offensive, indecent, discriminatory, or questionable content. Therefore, by virtue of the acceptance of these T&C, the User waives any claim or legal action that may correspond to Tetra Pak with respect to content of any kind. Notwithstanding the foregoing, Tetra Pak reserves the right to block access to or delete the publication if, in its sole discretion, the content disputed by the User is inadvisable, abusive or prevents any other person from using or enjoying the APP or that may expose Tetra Pak to any kind of damage or liability.

8. Intellectual and industrial property rights

1. The APP is the property of Tetra Pak. Except for any content provided by the Tetra Pak customer regarding promotions or advertisements for its products, all other information, texts, graphics, data, images, photographs, moving images, sound, illustrations, software and the selection and arrangement thereof appearing in the APP are the property of Tetra Pak.
2. All elements of the APP are protected by copyright including their economic and moral rights, trademarks, in accordance with international laws and treaties governing the protection of intellectual property.
3. The “Pack Story” mark, its design, logo and any other product or service name or slogan in the APP are trademarks of Tetra Pak and may not be copied, imitated or used, in whole or in part without Tetra Pak’s prior and express consent.
4. All other registered trademarks, trade names, product names, brands or logos of companies mentioned in the APP are the property of their respective owners, as well as the contents (photographs and images) provided by such owners and by the User.
5. Any form of reproduction, distribution, public communication, transformation, provision and, in general, any other use and/or act of exploitation of the APP and/or its contents, having commercial purposes or not, without the prior and express consent of Tetra Pak, is prohibited.
6. By downloading the APP, Tetra Pak grants the User a temporary non-exclusive license to use the APP and its contents, personally and non-transferable for the sole purpose that the User may use the APP and its contents in the terms and conditions contained in these T&C.
7. Tetra Pak reserves all intellectual and industrial property rights in the APP and its contents. Under no circumstances nor any event do the download and/or access constitute or imply a transfer, by Tetra Pak, of any kind of the intellectual or industrial property rights of the APP or its contents, neither in its entirety nor partially at all.

9. Third parties

The User’s mobile or internet service providers, the manufacturers and sellers of the mobile devices on which the User downloads, installs, uses or accesses the APP, the creator of the User’s mobile operating system and the operator of any similar app or service store through which the User obtains the APP, if they exist (together, the “Third Parties”), are not part of these T&Cs and are not the owners nor are responsible for the APP.

Third Parties make no warranties in connection with the APP. They are not responsible for the maintenance or other technical support services of the APP and will not be liable for any other claims, losses, imputation of responsibilities, damages, costs, or expenses related to the APP. The APP was created for the latest version available in the market of the user’s mobile device operating systems and compatibility issues may arise when using older versions. Wireless network coverage and Wi-Fi network speed vary by provider and geographic location. Tetra Pak is not responsible for limitations and/or malfunctions in the operation of any wireless or Wi-FI service used to access this APP, nor for the security of wireless or Wi-Fi services. In addition, Tetra Pak is not responsible for data network usage charges or fees, which are the sole responsibility of the User.

10. Claims for intellectual property rights infrigements

If the User considers that any content of the APP infringes any intellectual property rights owned or controlled by Tetra Pak, he/she/they may notify: pack.story@tetrapak.com

11. Privacy

Tetra Pak is committed to protecting your privacy in regard to any information obtained by Tetra Pak. Please refer to our Privacy Policy for information on how to collect, use and disclose personal information.

The use of this APP involves the electronic transmission of information over the wireless service provider’s networks. As Tetra Pak does not operate or control the wireless networks used to access the APP, Tetra Pak is not responsible for the privacy or security of wireless data transmissions. The User must use accredited service providers and verify with his/her/their wireless service provider information regarding his/her/their privacy and security practices.

12. Sponsorship

Tetra Pak does not recommend, sponsor, nor promote third-party businesses, services or products, except for statements of recommendation or sponsorship that Tetra Pak expressly makes, if any, in this APP. If this APP provides information about third parties or provides third-party content, and even links to third-party websites, Tetra Pak shall not be liable for any damages or damages related to any third-party information. In addition, Tetra Pak shall not be liable or subject to legal action for third party services or products.

13. Duration and modification

These T&Cs will be in force for as long as they are available to the User. Tetra Pak reserves the right to modify in whole or in part any of the APP’s T&Cs and participation rules at its sole discretion. In that case, these T&Cs will cease to be in force, with the new conditions of use being those that will regulate the use of the APP, which will take effect from the moment they are published on the packstorycc.app site or notified to the User, whichever happens first.

14. Contact information

Questions or comments about the APP or app T&C should be directed to pack.story@tetrapak.com

15. Juridiction and applicable law

Any matter between Tetra Pak and the User shall be governed by the laws of the Republic of Panama, except any rules referred to the application of a foreign law. Any dispute will be submitted to the Ordinary Courts of the Republic of Panama.