SILKPAY WEBSITE TERMS AND CONDITIONS

Last updated: 02/15/2022

Preamble:

The Website https://www.silkpay.eu is published by SILKPAY (hereafter called "SILKPAY"), a simplified limited company with a capital of 734,573 euros, whose headquarters are located at 95 Avenue du Président Wilson - 93100 Montreuil, France.

ARTICLE 1: SCOPE AND PURPOSE

Access and use of the Website are governed by these Terms of Use. The Terms of Use cover the contractual relationship between SILKPAY and any internet user visiting the Website (the "User"). The Terms of Use are directly available on the Website at any time. SILKPAY reserves the right to modify them at any time. The modified Terms of Use will take effect on the date of their posting on the Website and are deemed to be accepted without any reservation by any User who browses the Website after they are published online. The applicable Terms of Use are those in effect on the day when the user is browsing our website. It is possible to contact SILKPAY at the address indicated in the preamble, or by email at contact@silkpay.fr or via our contact form available at https://www.silkpay.eu/contact.

ARTICLE 2: INTELLECTUAL PROPERTY

SILKPAY brand, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and logos listed on the website, whether they are registered or not (the "Brands") are and remain the exclusive property of SILKPAY or are licensed to SILKPAY.

The website and all graphic, textual, visual and photographic elements including all illustrations, images, drawings, photographs, characters, texts, sets, presentation modes, graphics or any other element of the website ('Content') are and remain the exclusive property of SILKPAY or are licensed to SILKPAY and are protected by intellectual property rights. 

Trademarks, the website and/or its Content may not be in any way (partially or fully) modified, reproduced, represented, distributed, displayed, marketed, integrated into a derived work or otherwise, on any medium. In general, Trademarks, the Website and its Content can only be used as a part of the navigation on the website. 

The use of all or part of the Trademarks, the website and/or its Content, including by downloading, reproducing, transmitting or representing for purposes other than those provided by our Terms of Use is strictly prohibited.

Subject to compliance with these Terms of Use, SILKPAY grants Users a personal, non-exclusive and non-transferable right to access and use the Website, its Content and/or Trademarks for the sole purpose of viewing the website.

With the exception of the above terms, users are strictly prohibited from:

- Copy, reproduce, represent, display, distribute, publish, permanently or temporarily, all or part of the Website and/or its Content and/or Trademarks by any means and on any medium known or unknown to date; 

- Create works derived from the Website and/or its Content and/or Trademarks;

- Edit, translate, adapt, arrange, all or part of the website and/or its Content and/or Trademarks;

- Disassemble, decompile, reverse engineer on the Website and/or its Content;

- Distribute, transmit, distribute, sell, lease, grant or operate, in any way, without prior written express consent of SILKPAY, all or part of the website and/or its Content and/or Trademarks.

ARTICLE 3: PERSONAL DATA

When the User browses the Website, SILKPAY collects and uses personal data.

SILKPAY is committed to ensuring the protection of Users' personal data. For more information on how SILKPAY collects, uses and processes personal data, the User is invited to view SILKPAY's privacy policy.

ARTICLE 4: HYPERLINKS 

It is forbidden to create an hyperlink to the Website without prior express  written consent of SILKPAY. Requests should be sent to the Website's editor at: contact@silkpay.fr.

The Website may offer links to other websites. To the extent that SILKPAY cannot exercise control over these third-party websites, SILKPAY makes no commitment to the availability and the content of these websites, and accepts no responsibility with regard to the content, advertisements, products, services or other material available on or from these external websites or sources.

SILKPAY also accepts no responsibility with regard to any damage or loss that are caused or alleged to be caused by, or arising in connection with the use of, or as a result of having trusted  the content, goods or services available on these third-party websites.

ARTICLE 5: GUARANTEE - RESPONSIBILITY

The Website and its Content are provided as they are and are subject to availability. 

SILKPAY does not guarantee that the Website or its Content is error-free or accessible on an uninterrupted basis. The website is normally accessible 24 hours a day, 7 days a week, subject to: 

- Any case of "force majeure";

-The availability of the internet network;

- Temporary suspensions of the Website for technical reasons related to website updates, maintenance or any other technical cause.

SILKPAY undertakes, as part of an obligation of means, to provide access to the Website and to provide its best efforts to solve any malfunction brought to its attention. However, SILKPAY may be obliged to temporarily or permanently suspend the Website without notice, especially for technical and/or maintenance reasons, regardless of its origin or cause, without this resulting in any responsibility of SILKPAY.

It is specified that the Internet network and the computer and telecommunications systems used to access to and use the Website are not free of errors and interruptions and failures may occasionally occur. SILKPAY cannot be held liable for any inconvenience or damage associated with the use of Internet. It is the responsibility of Users to take all appropriate measures to ensure the safety of their equipment, data, software or other, more precisely against virus contamination and/or attempted intrusion of which they may be victims.

SILKPAY also accepts no responsibility:

- In the event of direct or indirect damage to the User, regardless of the nature, resulting from the content, access, or use of the Website (and/or related websites),

- In case of abnormal use or illegal exploitation of the Website.

ARTICLE 6: JURISDICTION- APPLICABLE LAW 

These Terms of Use are governed by French law. 

In the event of a potential dispute concerning the application, interpretation and/or implementation of these Terms of Use, the Parties undertake to make every effort to resolve the dispute amicably before taking any legal action or mediation procedure.

Thus, in the event of a dispute between a User and SILKPAY, the parties agree to negotiate in good faith the settlement of the dispute. If the Parties fail to resolve the dispute after thirty (30) working days of negotiation, the dispute will be settled in the Paris court with exclusive jurisdiction.

ARTICLE 7: VARIOUS

In the event that one or more of the Terms of Use provisions are considered invalid or unenforceable by a competent court, by applicable law or regulation, this provision will be removed without impacting in any case the validity and enforceability of other Terms of Use  provisions.

SILKPAY's failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or the right to enforce such right or provision later and/or seek compensation for any breach of such right or provision.