MOBILE TERMS AND CONDITIONS
Access to Alvar Financial is available via downloadable applications for mobile and/or tablet devices (“App”) via selected distribution channels including Apple App Store and Google Play (“Distribution Channel(s)”).
You are granted a non-transferable, non-exclusive licence to download and use the App on the basis of these Mobile Terms which are subject to and form part of Alvar Financial’s Terms and Conditions which you will have, or be required to, agree upon opening an account with Alvar Financial. In the event of any conflict between these Mobile Terms and the Main Agreement, the Main Agreement shall prevail. You agree to comply with any rules or policies applied by the relevant Distribution Channel. We reserve the right to change discontinue the availability of the App on any Distribution Channel and/or withdraw the App from service at any time.
The App may use location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on your device. If you use these 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 products and services. You may withdraw this consent at any time by turning off the location services settings on your device.
The App may contain data from third parties and/or links to other independent third-party websites, which are not under our control. We are not responsible for and do not endorse any content or privacy policies (if any).
Restrictions on use
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (“Technology”);
(g) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Mobile Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
(h) 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 Mobile Terms);
(i) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(j) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(k) not access or attempt to access any user’s data, nor penetrate or attempt to penetrate the App’s security measures; and
(l) to take all reasonable steps to ensure that no computer viruses, worms, software bombs or similar items are introduced into the App, our software or any mobile device that is used to access or use the App.
Intellectual property rights
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with these Mobile Terms. You further acknowledge that you have no right to have access to the App in source-code form.
We do not warrant that the operation of the App will be uninterrupted or error-free. The App may, from time to time, be subject to error or failure, with results that include, but are not limited to, the following:
(a) the App delivering inaccurate information including price and/or quote information;
(b) you trading or not trading on the basis of erroneous information displayed on the App;
(c) failure to receive any messages from us on your device;
(d) you being unable to open or close positions;
(e) you believing that you have placed a trade, when our records show that we have not accepted a trade from you; and
(f) you believing that a trade request initiated by you has not been accepted by us when our records indicate otherwise.
If as a result of the error or failure of the App our internal audit records are at variance with your own recollection, the version of events supported by our audit records will prevail and any obligations on either party shall be assessed on the basis that our audit records are correct.
You understand and accept these risks when trading via the App and, to the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through access to or use of the App, or through any failure by us to provide access to the App, or through any incompatibility of the App with any mobile device. Our liability for any failure to provide the App or any part of it, or for any problems with the App, is limited to resupplying the App (if such a App is available for the particular mobile device that you are using).
We do not accept any liability whether in contract or in tort (including negligence) for damage to your mobile device or for any loss of functionality or data that results from your use of the App and we cannot guarantee that any downloads are free from viruses, contamination or destructive features or for any problems you experience with your mobile device or software. While we make every effort to ensure the accuracy of the information provided to the App, the access to this data is subject to change often without notice. We provide no guarantee that information obtained by you via the App will be available at a later date.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
For the avoidance of doubt, these provisions should be read in conjunction with and are subject to the Main Agreement.
The App is not for the use of residents of the United States or any country outside of those countries who have agreed to be bound by the European MiFID directives and is not intended for distribution to, or use by, any person where such distribution or use would be contrary to local law or regulation. It is solely the responsibility of any user of the App to ensure that the use of the App complies with any local law or regulation to which they may be subject.
You agree that any instruction transmitted via the App using your account details is at your risk and you are reminded, for the avoidance of doubt, any trade(s) via the App is a treated as being via an OTP (as defined in the Main Agreement) and subject to the provisions of the Main Agreement.
We are not liable for any charges incurred by you in the use of the App, whether the charge is raised by your mobile supplier or by any other party. You agree that any costs incurred by you in the use of the App are your sole responsibility.