Terms and Conditions
You must be at least 16 years of age to download the Application. If you are between 13 and 16 then you must seek permission from its parent or guardian before downloading the Application and using the Service.
Use of the Application
The Company hereby grants you a non-exclusive, non-transferable, revocable licence to download the Application to your device (“Device”) and to link to Realms and use the goods and services offered in the Realms subject to these Terms (“User Licence”). All other rights in the Application are reserved by Company.
In the event of your breach of the User Licence the Company shall be entitled to terminate the User Licence immediately. You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the Application. You further acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the Application or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
After you download the app you will be asked to set your identity as a user (“User Profile”). In order to do this you will be asked to create a PIN and to insert various facts about yourself including name, phone number and email address (“User Details”). Some of these User Details will be verified either by the Company [or by a third party ‘Know Your Client’ service]. Verification of certain User Details will be required before you can access certain Realms. You warrant that all of the User Details are true, correct and up to date and you undertake to keep your User Profile promptly updated if any of the User Details change.
Your ability to access certain Realms will depend on the level of verification an Admin User has set for a Realm. Once you have achieved this level of verification, an Admin User may allow you to link to its Realm and view the various goods and/or services offered by Providers. The Admin User is in control of your ability to access any individual Realm. the Company shall not be liable to you in the event that an Admin User removes your access to a Realm.
If you are an Admin User, once you have created a User Profile, you will be able to link to your Realm using the QR code provided in the Realm set up pages of the Site. You are responsible for all actions which occur using your User Profile. If you suspect any unauthorised use of your User Profile, you must [notify the Company immediately][immediately download the app and re-install].
Restrictions on the use of the Application
You agree that you will:
not sub-licence, transfer, assign or otherwise make available the Application to any person without the Company’s prior written consent;
not copy the Application except in the normal use of the Application or where it is necessary for the back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the Application nor permit the Application to be combined with, or become incorporated in, any other programs, except as necessary to use the Application and as permitted by the Company;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
- a. is not disclosed or communicated without the Company’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- b. is not used to create any software that is substantially similar in its expression to the App;
- c. is kept secure; and
- d. is used only for the Permitted Objective.
The trademarks, service marks, graphics, designs, content and logos used in the Application (“App Content”), and the Application itself are the intellectual property of the Company, the Admin Users, the Providers or their licensors. The Application and the App Content may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company, Admin User, Provider or the applicable licensor or unless expressly permitted under these Terms.
The Company provides the Application and the Service to you “as is” and “as available” without any conditions, warranties or representations, expressed or implied. To the fullest extent permissible under applicable law, the Company hereby excludes all conditions, warranties and representations, whether express or implied, including any condition that the Application or the Services are fit for purpose, of satisfactory quality, non-infringing, are free of defects or that they are able to operate on an uninterrupted basis.
To the fullest extent under applicable law, in no event shall the Company be liable to you for any indirect, special or consequential damages or for loss of goodwill, lost profits, or loss, theft or corruption of data, the inability to use the Application or the Service, or Device failure or malfunction. The Company shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, trojan horse or other harm.
Nothing in these Terms shall exclude or in any way limit the Company’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law. In the event that applicable law does not allow the above exclusions, in no event shall the Company’s liability arising under or in connection with these Terms or your use of the Application and the Service exceed £50.
Links to third party websites
The Application may include links to third party websites that are controlled and maintained by others. Any link to another website is not an endorsement by the Company of such website and you acknowledge and agree that the Company is not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.
Transfer of rights and obligations
You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with these Terms, without the Company’s prior written consent. You agree that the Company may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with these Terms. If such case arises the Company shall endeavour to notify you. You also agree that the Company may use third parties and sub-contract its obligations provided that it remains responsible to you for the performance of these Terms.
If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both parties.
Third party rights
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
These Terms and the use of the Application and the Services generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.
All notices given by you to us must be given to Brickchain Limited at 100 Brompton Road 3rd Floor, London, England, SW3 1ER or via e-mail at firstname.lastname@example.orgIf the Company is required to give notice to you it will do so through the Company’s website. Notice will be deemed received and properly served immediately when posted to the App, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the e-mail address provided by the addressee.
Questions or complaints
If you have any queries at all regarding the App, the Services or any of the Terms, please contact us by:
- a. sending an e-mail to email@example.com;
- b. calling us on +44 20 7536 1720; or
- c. writing to us at Brickchain Limited at 100 Brompton Road 3rd Floor, London, England, SW3 1ER, marking your letter for the attention of Nicolas Granatino.