ABOUT US

Silver Linings Dementia Support Limited isa private limited company registered in England and Wales under company number 12331882whose registered addressis at 4NPRedington Court, 69 Church Road, Hove, East Sussex, BN3 2BB.

To contact us, please email [email protected]

BY USING THE APP YOU ACCEPT THESE TERMS

These terms and conditions set out the basis on which you may download and use the ‘Mojo’ mobile application(the “App”).

By using the App, you confirm that you accept these terms and conditions and that you agree to comply with them.

If you do not agree to these terms, you must not use the App.

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

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, and it is important that you read that information.We will only use any personal data that we collect through your use of the App in the ways set out in our Privacy Policy. By using the App, you acknowledge such processing and you warrant that all data provided by you is accurate.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

These terms and conditions refer to our Cookie Policyand Acceptable Use Policy, which also applies to your use of the App and sets out the information about the cookies used by us as well as our Acceptable Use Policy and Subscription Terms of Use which set out the basis on which our services are made available.

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

This App requires a smart mobile device or computer with a minimum of 2GB of memory and the iOS or Android operating system. iOS requires version 13 or later.

Support. If you want to learn more about the App or have any problems using it or complaints then please contact us.

How we will communicate with you. If we have to contact you we will do so using the contact details you have provided to us.

In return for your agreeing to comply with these terms you may download a copy of the App onto one or more phones or other handheld devices and view, use and display the App on such devices for your personal purposes only.

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

We are giving you personally the right to use our App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. Every time you wish to use the App, please check these terms to ensure you understand the terms that apply at that time.

These terms were most recently updated on 4 November 2020.

From time to time we may automatically update the App 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.

If you downloadthe 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.

By using the App, 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 the App.

The App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these location-based services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based events.

The App 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.

17.1 You agree that you will:

• Not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
• Not copy the App, 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, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App 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 nor 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: is not disclosed or communicated without our 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 is not used to create any software that is substantially similar in its expression to the App; is kept secure; and is used only for the Permitted Objective; comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

You must:

• Not use the App 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, or any operating system;
• Not infringe our intellectual property rights or those of any third party in relation to your use of the App (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;
• Not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• Not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our servers; and
• Comply with the Acceptable Use Policy at all times.

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

Limitations of 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 we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill in the course of allowing you to use the App, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example damage arising from defective digital content as referred to in clause below.

You agree not to use the App 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.

The App is provided for general information, entertainment and event organisation purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the applicableappstore site) meet your requirements.

If our provision of the App or related support is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

• You must stop all activities authorised by these terms, including your use of the App.
• 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 content.

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 the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Each of the paragraphs 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. 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.

Please note that these terms of use, their subject matter and their formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.