Terms of Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.primark.com (our "Site"). Please read these terms of use, our Primania Gallery Terms, our Privacy Notice and Cookie Policy carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

For your information, this Site contains material and references that are available for your general information only.

The prices displayed on our Site are indicative only and may change from time to time. The prices displayed on our Site may vary from the prices shown in individual Primark stores.

You are not able to purchase goods from this Site.

Information about us

The following Primark entities are responsible for www.primark.com. When we refer to "Primark", "we”, "our" or "us" in these terms of use and elsewhere on our Site, we mean:

Primark US Corp. (registered under company number 5514115 with registered address at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801, United States).

Accessing our Site

Access to our Site is permitted on a discretionary basis, and we reserve the right to withdraw or amend the functionality we provide on our Site without notice (see below). We may also restrict access to some parts of our Site, or our entire Site from time to time. We will not be liable if, for any reason, our Site or any of its functionality is unavailable at any time or for any period.

Our Site is directed to people residing in the United States. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

Sharing your images with us

If you upload images on your Instagram account using the hashtags #Primania and/or #Primark, your image may be selected for use in the Primania gallery on our Site and you confirm that such image is owned by you. You must also comply with the content standards set out in these terms of use and in our Primania Gallery Terms.

If your image is selected for the Primania gallery, you will receive an Instagram comment from @primark (Instagram) (or in certain circumstances, a direct message), requesting permission from you to use your image in our gallery, in our social media postings, on our Site, in our stores and in our marketing communications. Please be aware that everyone in the image must have provided permission for the image to be posted in the Primania gallery, which includes parental permission where necessary.

We use a service called Social Native to review images for inclusion in the Primania gallery. We will process the personal data in your image in accordance with our Privacy Notice.

You confirm by uploading an image using the #Primania and/or #Primark hashtags, subject to our Privacy Notice, that you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the image (and any part of it including any intellectual property rights relating to the image). This includes (but is not restricted to) giving us the right to use, copy, distribute, modify, edit and/or publish the image (in whole or part). We can, throughout the world, publish the image on other pages of the Site, other websites (such as our social media pages) or in our stores, and we can incorporate the image in other forms of media or technology. We may also use the image in our marketing communications. We may disclose the image to third parties located within or outside of the European Economic Area for any purpose connected with the operation of our Site or our businesses. We also have the right to disclose your identity to any third party who is claiming that any image posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy, or any other rights or law.

If you would like us to delete an image within our control, you can request that we do so by emailing us at help.primark.com to request that we remove your image. Please send us screenshots of the image(s) that you would like us to remove. If the image is copied (e.g. by other individuals in breach of our terms of use), is used in another form of medium or technology by another party or is shared by you (e.g. on a third party site), it will be out of our control and we are not obliged to and will not be able to delete such image.

We will not be responsible for the content or accuracy of any image posted by you. We have the right to remove any image on our Site for any reason as we see fit including if, in our opinion, such image does not comply with the content standards set out in these terms of use and in our Primania Gallery Terms.

Keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via our Contact Us page.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Acceptable use of our Site

You may use our Site only for lawful purposes. You may not use our Site:

In any way that breaches any applicable law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm others in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms of use, our Privacy Notice, Cookie Policy and Primania Gallery Terms.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms of use, our Privacy Notice, Cookie Policy or Primania Gallery Terms.
To access without authority, interfere with, damage or disrupt any part of our Site, equipment or network on which our Site is stored, any software used in the provision of our Site; or any equipment or network or software owned or used by any third party.
To impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that your comments, images or other materials emanate from us.
To breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
To upload terrorist content.

Interactive services

We currently provide an interactive service which allows sharing and commenting on user content.

We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use our interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Due to the interactive nature of the service, we do not perform any pre-submission monitoring of user content. If you wish to report an interactive service you may do so using the 'report this look' button. You will be asked to give a reason for your report, which will stay anonymous and only visible to the Primark Web Team. Within 24 hours, the reported look will be reviewed by a member of our website team and its administrators. If it is deemed by us, at our sole discretion, to not comply with these terms of use, our Privacy Notice, Cookie Policy or Primania Gallery Terms, the image will be removed. Please note that on certain browsers, due to Cache memory, the take down process could take approximately 1 hour to complete. Alternatively you may contact us through the Contact Us page.

We do not store terrorist content.

Use of materials on our Site

We are the owner or the licensee of all intellectual property rights in our Site including but not limited to the software and/or the material published on it. Those works are protected by intellectual property rights, copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference.

You must not modify, amend, distribute or copy (including making digital copies of) any materials you have printed off or downloaded from our Site. You must not use any illustrations, photographs, video, audio sequences, graphics, names or trade marks separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged (except where the content is user-generated). You must not use or access any part of the materials on our Site for commercial purposes without obtaining a prior written license to do so from us or our licensors.

If you print off, copy, download or use any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Primark is a registered trade mark of Primark Holdings. You are not permitted to use this trade mark or any of our other trade marks or any trade marks of third parties displayed on our Site without our prior written approval, unless they are part of any material you are using as permitted above.

Reliance on information posted

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

The material displayed on our Site is provided without any promises, representations or warranties as to its accuracy.

Our Site changes regularly

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user, without affecting the prohibitions on such use above, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, as applicable.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to our Site and/or any material displayed on our Site, including, without limitation any liability for:
- loss of income or revenue;
- loss of business opportunity;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill or reputation; and/or
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

If you are a consumer, please be aware that we only provide our Site to you for domestic and private use. By accessing our Site, you agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

Information about you and your visits to our Site

We will only use your personal information in accordance with our Privacy Notice. You warrant that all data provided by you is accurate.

Viruses, hacking and other offences

We do not promise that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We may report any such breach to law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site from any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms of use and our Primania Gallery Terms.

If you wish to link to or make any use of material on our Site other than that set out above, please address your request to us here.

Links from our Site

Where our Site contains links to other sites and resources provided by third parties, such as Google Maps (see below), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of those sites will be subject to the terms of use contained in the relevant site.

For example, our Site contains Google Maps features and content. Your use of the Google Maps features and content on our Site is subject to the then-current versions of the following terms:

Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and
Google Privacy Policy at https://www.google.com/policies/privacy/.

Which laws apply to any disputes?

These terms of use, their subject matter and their formation, (including any non-contractual disputes or claims) are governed by and construed in accordance with the law of New York. We both agree to the exclusive jurisdiction of the courts of New York.

We may change or transfer this agreement to someone else

We may revise these terms of use and our Primania Gallery Terms at any time. Every time you wish to use our Site, please check these terms to ensure that you understand the terms that apply at that time. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

We may assign or otherwise transfer our rights and/or obligations (or any part of them) under these terms to any third party from time to time. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Accessibility

Primark values all visitors to our website and is committed to making our web content accessible and user friendly to everyone. Primark endeavors to increase its website accessibility even further. However, as with any ambitious project, we understand issues can sometimes arise. If you are having difficulty viewing, accessing, or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to you, please email us at help.us@help.primark.com with “Web Access” in the subject line. In order to assist us, please include a description of any specific features or aspects of our web content you feel is not fully accessible to you. Additionally, you are always welcome to offer suggestions for improvement using the same email address. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies and procedures.