Leckey Connect Terms of Service

Please read the following important terms and conditions before you access and use the App.

These current terms of service were published on 11/06/2019.There was no previous version.

1. Definitions and interpretation

1.1 ‘Account’  your personal account that you create on the App

1.2 ‘App’ means our software and mobile application ‘Leckey Connect’ together with all information and digital content contained therein and shall include all and any updates, upgrades, new releases and/or new versions thereof;

1.3 ‘Confidential Information’ means any and all confidential information (whether in oral, written or electronic form) given including technical or other information imparted in confidence or disclosed by one party to the other or otherwise obtained by one party relating to the other’s business, finance or technology, know-how, Intellectual Property Rights, assets, strategy, products, customers and Customer Data;

1.4 ‘Contract’ means the contract between the parties pursuant to term 2.1, which shall come into effect on the date you initially access or use the App.

1.5 ‘Customer’  means the individual who will be using the Product and receiving therapy from you.

1.6 ‘Customer Data’ all data (in any form) in relation to the Customer, whether in connection with his use of the Product or otherwise, that is provided by you to us or uploaded or hosted on any part of the App or otherwise which shall include the information and personal details provided for the purposes of registering the Customer on the App and the information and data generated  by the App;

1.7 ‘Data Protection Laws’ means any applicable law relating to the processing of personal data including:

1.7.1 in the United Kingdom:

(a) the Data Protection Act 1998 and any laws or regulations implementing Directive 95/46/EC (Data Protection Directive); and/or

(b) the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 (GDPR) and/or any corresponding or equivalent national laws or regulations;

1.7.2 in member states of the European Union: the Data Protection Directive or the GDPR and all relevant member state laws or regulations giving effect to or corresponding with any of them; and

1.7.3 any judicial or administrative interpretation of any of the above, any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant supervisory authority;

1.8 ‘Intellectual Property Rights’ means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, the right to sue for passing off utility models, domain names and all similar rights and, in each case:

1.8.1 whether registered or not,

1.8.2 including any applications to protect or register such rights,

1.8.3 including all renewals and extensions of such rights or applications,

1.8.4 whether vested, contingent or future and

1.8.5 wherever existing;

1.9 ‘parties’ means you and us and ‘party’ shall be construed accordingly;

1.10 ‘Policies’ means each of the following:

1.10.1 Our cookie use statement (as updated from time to time), which is available at www.leckey.com (the Cookie Use Statement).

1.10.2 Our privacy policy (as updated from time to time), which is available at www.leckey.com (the Privacy Policy); and

1.11 ‘Product’  means the product designed by us to facilitate the Customer;

1.12 ‘Terms’ means these terms and conditions of service (as amended, varied and/or replaced from time to time) incorporating the Policies which shall be read as one with and form part of the Terms.

1.13 ‘We’, ‘us’ or ‘our’ means James Leckey Design Limited, a company incorporated in Northern Ireland with company number NI023037 whose registered office address is at 19 Ballinderry Road, Lisburn, County Antrim, BT28 2SA; and

1.14 ‘You’ or ‘your’ means the person using and/or accessing the App.

1.15 In these Terms, unless the context otherwise requires:

1.15.1 the singular includes the plural and vice versa;

1.15.2 references to terms are to the terms herein;

1.15.3 references to persons include individuals, trusts, partnerships, unincorporated bodies, government entities, companies and/or corporations (in each case whether or not having separate legal personality);

1.15.4 'including’ (or similar words) means including without limitation;

1.15.5 headings do not affect the interpretation of the terms;

1.15.6 references to legislation (including any subsidiary legislation) include any modification or re-enactment thereof;

1.15.7 references to any legislation, statutory provision, action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than Northern Ireland, be deemed to include a reference to that which most nearly approximates to the Northern Irish equivalent in that jurisdiction.

2 Acceptance of Terms

2.1 In consideration of the parties’ mutual obligations contained in these Terms, we shall supply the App to you. If you access or use the App you agree to be legally bound by these Terms.

2.2 When accessing or using the App you also agree to be legally bound by extra terms which may add to, or replace some of these Terms. We may at our absolute discretion, from time to time, make any changes to or update versions of these Terms and any policies or documents referred to herein. We will notify you before we make changes to these Terms and give you an opportunity to review the revised document before continuing to use the App. When you use the App after having received such notification, you are confirming to us that you accept and agree to be bound by the duly amended Terms or other such document.

3 Your privacy and personal information  

3.1 Please see our Privacy Policy, including our Cookie Use

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

4 Your Account

4.1 You must accept these Terms to create an Account with us.

4.2 In order to access and use the App, you will be required to create an Account with us by providing us with information and personal details relating to yourself. Whilst using the App, you will also be required to input Customer Data. You are responsible for maintaining your Account together with all Customer Data on the App and for the confidentiality of any credentials.

4.3 For the purposes of registering a Customer on the App, you shall obtain the consent of the Customer or, where the Customer is under the age of 18, the consent of the Customer’s parent or guardian to use the Customer Data, in accordance with the form(s) of consent required by us from time to time.

5 Right to Use the App

5.1 When you download the App, you will not own it. Instead we will grant you a right to use the App subject to the following conditions:

5.1.1 Exclusivity: the rights granted are non-exclusive, non-transferrable and cannot be sublicensed; and

5.1.2 Purpose: the App is intended for use by you for the purposes of capturing movement data and enabling personalised therapy programmes to be created for each Customer and subject to other restrictions on use in this term 5.

5.2 You can use the App wherever you want in the world provided always that you comply with local laws.

5.3 You shall not access or use the App contrary to any restriction stated in these Terms, or otherwise in a way that is not expressly permitted by these Terms.

5.4 Except to the extent such activities are permitted by law, you are not permitted to:

5.4.1 distribute, license, sell or otherwise deal in or encumber the App;

5.4.2 translate, adapt, disassemble, reverse engineer or decompile the App (or any part of it), nor make any modifications, additions or enhancements to it;

5.4.3 combine, merge or otherwise permit the App (or any part of it) to become incorporated in any other product, nor arrange or create derivative works based on it;

5.4.4 copy the App (or any part of it);

5.4.5 delete any part of the App, without our prior written approval; or

5.4.6 use the App on behalf of or make it available to any third party or allow or permit a third party to do so.

5.5 Your right to use the App shall not include the rights of any third party to use or have access to the App, unless expressly agreed by us in writing, and in any event you shall ensure that any such use:

5.5.1 does not exceed your permitted use;

5.5.2 is controlled by you; and

5.5.3 is otherwise subject to and in accordance with these Terms.

5.6 The App and the digital content therein contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information such as copyright ( © ), registered trade mark ( ® ) or unregistered trade mark ( TM ) markings.

6 Your responsibilities & risks

6.1 The maintenance and security of your computer or device may influence the performance of the App and it is your responsibility to ensure the computer’s or device’s functionality. You are responsible for all internet access charges and you should check with your internet provider for information on possible internet data usage charges.

6.2 You shall at all times comply with all applicable laws relating to the access, use or receipt of the App including laws relating to privacy, data protection and use of systems and communications.

6.3 When we supply the digital content we will use reasonable efforts to ensure that it is free from defects, viruses and other malicious content; however, we do not promise that it is compatible with any third party software or equipment and you acknowledge that there may be minor errors or bugs in it.

6.4 To avoid faults in the digital content happening, you must install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded.

6.5 If you rely on any digital content or otherwise rely on the App you do so at your own risk. We make no representation or warranty of any kind about any of the content, information or services in connection with the App. We are not responsible for any health problems that may arise in connection with your use of the App, you should consult your doctor if you have any medical concerns.  

7 Payment

The App can currently be downloaded free of charge with no provision for in-app purchases. However, should this change you will be notified accordingly and any payment terms of service issued by us shall thereafter be deemed to be incepted into these Terms. 

8 Alerts and notifications

You agree to receiving notifications, text messages, alerts, emails and other electronic communications as part of your use of the App. You further agree that you will be responsible for any messaging or data fees you may be charged in connection with these communications.

9 Limits on liability

9.1 Subject to the remainder of this term 9, our total liability to you (whether in contract, tort (including negligence) or otherwise) in respect of all claims, losses and damages arising under or in connection with these Terms shall not exceed the total amounts payable under these Terms .

9.2 Save as otherwise provided for in these Terms, our liability to you or to any third party in contract, tort (including negligence), for misrepresentation (whether innocent or negligent), for breach of statutory duty or otherwise arising out of or in connection with these Terms, whether financial or otherwise and whether direct or indirect, shall not extend to any:

9.2.1 loss of profits;

9.2.2 destruction, loss of use or corruption of data;

9.2.3 loss or corruption of software or systems;

9.2.4 loss or damage to equipment;

9.2.5 loss of use;

9.2.6 loss of production;

9.2.7 loss of contract;

9.2.8 loss of business opportunity;

9.2.9 harm to reputation or loss of goodwill; or

9.2.10 loss of savings, discount or rebate (whether actual or anticipated);

even if foreseeable or if we have been advised of the possibility of such damage.

9.3 Save as otherwise provided for in these Terms, we shall not be liable to you for consequential, indirect or special losses.

9.4 We shall use reasonable endeavours to ensure the uninterrupted availability of the App; however, we shall not be liable in any circumstances to you or to any third party for any interruption to the App.

9.5 You agree that the limitations on liability in these Terms are fundamental to the Terms and you acknowledge that we would not provide the App to you without such limitations.

9.6 The limitations of liability set out in this term 9 shall not apply in respect of any indemnities given by either party under these Terms.

9.7 Except as expressly stated in these Terms, and subject to term 9.6, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

9.8 Notwithstanding the above neither party excludes or limits any liability for:

9.8.1 personal injury (including sickness and death) to the extent that such injury results from the negligence or wilful default of a party or its employees;

9.8.2 fraud or fraudulent misrepresentation;

9.8.3 any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

9.8.4 any other liability to the extent the same cannot be excluded or limited by law.

10 Warranties

10.1 For such times as the App is provided free of charge, the App and any support services provided in connection with same are provided ‘as is’ and without warranty to the maximum extent permitted by law.

10.2 The App may be subject to delays, interruptions, errors or other problems resulting from use of the internet or public electronic communications networks used by the parties or third parties. You acknowledge that such risks are inherent in cloud services and that we shall have no liability for any such delays, interruptions, errors or other problems.

10.3 You acknowledge that no liability or obligation is accepted by us (howsoever arising whether under contract, tort, in negligence or otherwise):

10.3.1 that the App shall meet your individual needs, whether or not such needs have been communicated to us;

10.3.2 that the operation of the App shall not be subject to minor errors or defects; or

10.3.3 that the App shall be compatible with any other software or service or with any hardware or equipment.

10.4 Other than as set out in this term 10, and subject to term 9.8, all warranties, conditions, terms, undertakings or obligations whether express or implied and including any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.

11 Indemnity

You shall indemnify us, keep us indemnified and hold us harmless from and against any losses, claims, damages, liability, costs (including legal and other professional fees) and expenses incurred by us as a result of your breach of these Terms.

12 Data Protection

12.1 Both parties undertake to comply with the provisions of the Data Protection Laws in so far as same relate to the provisions and obligations of these Terms.

13 Intellectual Property Rights

13.1 The App and the proprietary code and the Intellectual Property Rights of whatever nature in the App are and shall remain our property.

13.2 Except for your right to use the App as expressly granted above, you shall not acquire in any way, any title, rights of ownership, or Intellectual Property Rights of whatever nature in the App or in any copies of it and no Intellectual Property Rights of either party are transferred or licensed as a result of these Terms.

13.3 You acknowledge and understand that the App contains confidential and proprietary information and you shall not conceal, modify, remove, destroy or alter in any way any proprietary markings of ours or any third party on or in the App or any related materials and documentation.

13.4 You will indemnify us and keep us indemnified and hold us harmless on demand against any costs, claims and proceedings, damages and other liabilities (including monetary penalties or other regulatory fines) incurred by us, our employees, officers, directors or other authorised personnel as a result of a breach of this term 13 by you or any of your authorised agents, representatives or professional advisers.

14 Confidential Information

14.1 Each party shall maintain the confidentiality of the other party’s Confidential Information and shall not without the prior written consent of the other use, disclose, copy or modify the other party’s Confidential Information (or permit others to do so) other than as necessary for the performance of its rights and obligations under these Terms.

14.2 Each party undertakes to:

14.2.1 disclose the other party's Confidential Information only to those of its officers, employees, agents and contractors to whom and to the extent to which such disclosure is necessary for the purposes contemplated under these Terms; and

14.2.2 to procure that such persons are made aware of and agree to observe the obligations in this term.

14.2.3 Each party shall give notice to the other of any unauthorised misuse, disclosure, theft or loss of the other party's Confidential Information immediately upon becoming aware of the same.

14.2.4 The provisions of this term shall not apply to information which:

• is or comes into the public domain through no fault of the recipient, its officers, employees, agents or contractors;
• is lawfully received by the recipient from a third party free of any obligation of confidence at the time of its disclosure;
• is independently developed by the recipient, without access to or use of such information; or
• is required by law, by court or governmental or regulatory order to be disclosed provided that the relevant party, where possible, notifies the other party at the earliest opportunity before making any disclosure.

15.1 For such times as the App is provided free of charge, we may suspend or deactivate your Account or your use and access of the all or any part of the App and thereby terminate the contract, at any time with or without notice.

15.2 You can terminate this contract at any time by cancelling your Account with us and by deleting the App from all computers and devices onto which you have downloaded it.

15.3 Immediately on termination of the contract, the rights granted to you under these Terms shall terminate and you shall (and shall procure that any authorised user shall) stop using the App and delete the App from all computers and devices onto which it has been downloaded by you, or anyone authorised by you.

15.4 If this contract is suspended or terminated it will not affect our right to receive any money which you owe to us pursuant to these Terms.

16 Governing Law

16.1 These Terms are governed by and shall be construed in accordance with the laws of Northern Ireland and you hereby irrevocably agree that the courts of Northern Ireland shall have jurisdiction to hear and determine any suit action or proceeding and to settle any dispute which may arise out of or in connection with these Terms and for such purposes irrevocably submit to the jurisdiction of such courts. However, nothing contained in this term 16 shall limit our right to take proceedings against you in any other court of competent jurisdiction nor shall the taking of any such proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not (unless precluded by applicable law). 

16.2 You irrevocably waive any objection which you may have now or in the future to the courts of Northern Ireland being nominated for the purpose of this term 16 on the ground of venue or otherwise and agree not to claim that any such court is not a convenient or appropriate forum.

17 General

17.1 Entire agreement

17.1.1 These Terms constitute the entire agreement between the parties and supersede all previous agreements, understandings and arrangements between them in respect of its subject matter, whether in writing or oral.

17.1.2 Each party acknowledges that it has not entered into the contract in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms.

17.3 No partnership or agency

The parties are independent and are not partners or principal and agent and these Terms do not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for herein.

17.3 Third party rights

For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms are not intended to and do not give any person who is not a party to them any right to enforce any of the provisions..

17.4 Assignment and subcontracting

17.4.1 Except as expressly provided in these Terms, we may at any time assign, sub-contract, sub-licence, transfer or deal in any other manner with any or all of its rights or obligations these Terms.

17.4.2 Except as expressly permitted by these Terms, you shall not assign, transfer, sub-contract, sub-licence or deal in any other manner with any or all of its rights or obligations under these Terms (including the licence rights granted), in whole or in part, without our prior written consent.

17.5 Waiver

17.5.1 Unless otherwise expressly agreed no failure, delay or omission by either party in exercising any right, power or remedy provided by law or under these Terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

17.5.2 No single or partial exercise of any right, power or remedy provided by law or under these Terms shall prevent any future exercise of it or the exercise of any other right, power or remedy.

17.6 Variation

No amendment or variation of these Terms shall be valid unless it is:

17.6.1 An update made in accordance with term 2.2; or

17.6.2 Made in writing, refers to these Terms and is duly signed by, or on behalf of, each party.

17.7 Severance

17.7.1 If any term (or part thereof) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected

17.7.2 If any term (or part thereof) is or becomes illegal, invalid or unenforceable under applicable law, but would be legal, valid and enforceable if the clause or some part of it was deleted or modified (or the duration of the relevant clause reduced), the relevant term (or part thereof) will apply with such deletion or modification as may be required to make it legal, valid and enforceable, and the parties will promptly and in good faith seek to negotiate a replacement provision consistent with the original intent of these Terms as soon as possible.

17.8 Notices

17.8.1 Save as otherwise provided for in these Terms, notices under these Terms must be in writing and sent to the other party’s registered office (or such other applicable address for service agreed by the parties from time to time in writing). Notices may be given, and will be deemed received if correctly addressed:

• by first-class post: two business days after posting;
• by airmail: seven business days after posting;
• by hand: on delivery; and
• by email: on receipt of a read return mail from the correct address within 24 hours from delivery if no notice of delivery failure is received.
• This term 17.8 shall not apply to the notification of updates pursuant to term 2.2.

17.9 Survival

Terms 9 (Limitation on liability), 11 (Indemnity), 12 (Data protection), 13 (Intellectual Property Rights) and 14 (Confidential information) shall survive termination of the contract.

17.10 Contact

Please contact us if you have any questions about these Terms. You may contact us at connectsupport@leckey.com.