Terms of Service

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW AND YOU WILL BE UNABLE TO USE THE APP OR THE SERVICES.

WHO WE ARE AND WHAT THIS AGREEMENT DOES TO YOUR PRIVACY

Access to the App and use of the Services is subject to the Privacy Policy which can be found here.
By accessing the App and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and, in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. We reserve the right to amend this Privacy Policy from time to time.
If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the App and your use of the Services.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or use of any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

GOOGLE PLAY’S TERMS ALSO APPLY

The ways in which you can use the App may also be controlled by the rules and Policies of Google Play
These rules and policies will apply instead of these terms where there are differences between the two.

OPERATING SYSTEM REQUIREMENTS

The App requires an Android smartphone running Android operating system version 4.3 or above.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or the Services or have any problems using them please take a look at our Support Resources
Contacting us (including with complaints).
If you think the App or the Services are faulty or wrongly described or wish to contact us for any other reason please email our customer service team

How we will communicate with you: If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us and in accordance with our Privacy Policy.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for you agreeing to comply with these terms you may:
Download the App on to a smartphone the meets the requirements listed above in the ‘OPERATING SYSTEM REQUIREMENTS’ section and view, use and display the App and the Services on such devices for your personal purposes only.
Use any Documentation to support your permitted use of the App and the Services.
Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND INSTALL THE APP

You must be 18 or over to accept these terms and install the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Services as set out above in the ‘HOW YOU MAY USE THE APP’ section.
You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free.
If you transfer or dispose of any device on which the App is installed, you must remove the App from it first.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
If you do not accept the notified changes, it may mean you may not be permitted to continue to use the App and the Services.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you obtained it.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so.
You will be responsible for complying with these terms, whether or not you own the phone or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

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

WE MAY COLLECT LOCATION DATA

We will make use of location data sent from your devices to provide the most relevant version of the App and related policies or Services to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Services may contain links to other independent websites which are not provided by us.
Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:
Not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
Not copy the App Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that any applicable laws prevent such actions from being prohibited.
Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services.

ACCEPTABLE USE RESTRICTIONS

You must:
Not use the App or any 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 App, any Services or any operating system;
Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
Not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
Not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you.
You have no intellectual property rights now or in the future in, or to, the App or the Services other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

The App, the Services, the information on the App and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the App and its contents, including in relation to any inaccuracies or omissions in the App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
We do not warrant that the App will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the App will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
While we may use reasonable efforts to include accurate and up-to-date information on the App, we make no warranties or representations as to its accuracy, timeliness or completeness.
We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the App and the Services, your access to, use of or inability to use the App or the services offered in the App, reliance on or downloading from the App and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the App and these terms. For the purposes of these terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the App, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Service, (b) any other party’s use of the Service using your user ID, verification PIN and/or any identifier number allocated by us, and/or (c) your breach of any of these terms, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
Any transfers, deals or transactions made through the App are done so in accordance with these terms as well as the applicable SilkChain Customer or Client Agreement to which you are bound. In the event of conflict, the Customer or Client Agreement will always prevail over these terms.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREACH THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have breached these terms, or we reasonably suspect you have, or will be, in breach of these terms.
If what you have done can be remedied, we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights, in any applicable jurisdiction, to enforce any term of this agreement.

IF A COURT FINDS PART OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraph of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

The App can be accessed from all countries around the world where the local technology permits.
As each of these places have differing laws, by accessing the App both you and we agree that the laws of Ontario Canada without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the App.
You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Ontario Canada in respect of any dispute arising out of and/or in connection with these terms.
You agree, however, that we shall be allowed to apply for injunctive remedies in any jurisdiction.