Terms of Service

1

ABOUT US

1.1

The Service is owned and operated by Leafcutter Group Limited. All information supplied through the Service is managed by Us.

1.2

Leafcutter Group Limited can be contacted by writing to 33 Matley, Peterborough PE2 5YQ or by our contact page on the Website.

2

SERVICE REGISTRATION

2.1

By applying to register for the Service and using the App, You warrant that:

2.1.1

You are legally capable of entering into binding contracts;

2.1.2

You are 18 years old or above. You are at least 18 years old. If You are under the age of 18, You must ask a parent or guardian over the age of 18 to enter into these Terms on Your behalf. As a parent or guardian of someone under the age of 18, You are responsible for ensuring that person's use of the App is at all times in accordance with these Terms; and

2.1.3

You are not in any way prohibited by any applicable law, in the jurisdiction in which You access and use the App, to enter into these Terms.

2.2

In order to access and use the App, You must: access the website and register with Us. For more information regarding the information we collect from you and how we use it, please consult our Privacy policy.

2.3

When You have logged in via your email address, We will send You a welcome email (“Welcome E-mail”) to Your E-mail address. The Welcome E-mail will contain details on how You may start to use the App.

2.4

You hereby warrant that the information that You submit to Us through the registration process and thereafter is truthful, accurate and error-free. You further warrant that You will inform Us promptly in the Date that Your details change.

2.5

You agree that at all times, You shall:

2.5.1

not allow any other person to use Your Account save as permitted under clause 2.1.2;

2.5.2

not use the information presented on the Service for any purposes other than those expressly set out in these Terms;

2.5.3

not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Service;

2.5.4

promptly notify Us if there is any actual or suspected breach of security or any unauthorised use or attempted use of Your Account;

2.5.5

co-operate with any reasonable security or other checks or requests for information We make from time to time; and

2.5.6

use the information made available to You via the App at Your own risk.

2.5.7

We reserve the right to accept or reject any registration application and to refuse Your access to the App at anytime at Our sole discretion.

2.6

Your use of the App is free of charge, however by accepting these Terms You acknowledge and agree that there may be additional costs and charges associated with subscription upgrades.

3

ACCESS TO THE SERVICE AND YOUR USE OF THE APP

3.1

Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Service without notice to You (see below). Furthermore, We cannot guarantee that access to the Service will be uninterrupted or error free.

3.2

We will not be liable if for any reason the Service is unavailable at any time or for any period.

3.3

We may suspend Your access to the Service, whether wholly or partly, at any time without notice to You if any of the following events occur:

3.3.1

the third party services and network providers cease to make the third party service or network available to Us;

3.3.2

We are undertaking repairs, planned maintenance or upgrades to the Service;

3.3.3

We believe that you or someone using your email login for the Service ("Login Details") has failed to comply with one or more of these Terms;

3.3.4

We believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Service (in whole or in part);

3.3.5

We believe that you have provided Us with any false, inaccurate or misleading information; or

3.3.6

We believe that you are not acting in a personal capacity;

3.3.7

and We shall not be liable to You for any such suspension of Your access to the Service.

3.4

We reserve the right to make any changes to the Service including without limitation the removal, modification and/or variation of any elements, features and functionalities of the Service.

3.5

We use industry standard security measures to protect against the loss, misuse and alteration of the information, data and/or content handled by Us. However, You acknowledge and agree that We cannot guarantee complete security of such information, data and/or content or that Our security measures will prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorised viewing of such information, data and/or content.

3.6

Subject to these Terms, We hereby grant to You a non-exclusive, non-transferable, terminable licence to download, install and use the App on Your Device for Your own personal or business purposes.

3.7

Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or Your right to use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or Our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.

3.8

You are solely responsible for ensuring that Your Account contains accurate and correct details of Your Personal Information.

3.9

You may update Your Account by inserting additional Personal Information or updating Your details at any time.

3.10

You shall, at all times:

3.10.1

comply with all applicable laws, regulations, directives and legislations in Your use of the App;

3.10.2

comply with any guidelines provided and reasonable requests or instructions issued by Us from time to time, including without limitation security checks, in respect of Your use of the App;

3.10.3

access the App from an authorised and compatible Device, and accordingly You shall ensure that such Device:

a)

complies with any minimum specifications required for Your Device to access and use all features of the App; and

b)

contains adequate anti-virus protection.

3.11

You shall notify Us in writing immediately if You become aware of any breach of these Terms and/or inappropriate behaviour in connection with the App.

3.12

You shall not use the App and/or any information or data taken from or derived from use of the App:

3.12.1

to commit any criminal act, promote any illegal activities or provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses; to include in any produced documents anything which could be considered defamatory or blasphemous, or which is likely to cause any person, any form of harm or distress;

3.12.2

to infringe any intellectual property rights or other rights of any third parties;

3.12.3

in a way that may reasonably be deemed to be offensive, illegal, inappropriate or in any way promote racism, bigotry, hatred or physical harm of any kind against any group or individual or to harass or advocate harassment of another person;

3.12.4

to engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent.

3.13

In the event that We are notified that You are making any illegal and/or unauthorised use of the App, and/or Your use of the App is in breach of these Terms, We reserve the right to take any action that We deem necessary, including without limitation removing any uploaded or produced documents, terminating Your Contract without notice and, in the case of illegal use, instigating legal proceedings. Further, without prejudice to Our rights and remedies, We reserve the right to promptly suspend Your access to the App if We have any reason to believe that You have breached any of the provisions of these Terms.

4

YOUR OBLIGATIONS

4.1

You agree that you are solely responsible and liable for all activities on the Service carried out through your Login Details.

4.2

You shall not submit to appear on the Service any information, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether on your Account, in produced documents or elsewhere on the Service, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:

4.2.1

promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

4.2.2

harass or advocate harassment of another person;

4.2.3

promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

4.2.4

promote any illegal activities;

4.2.5

provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;

4.2.6

promote or contain information that you know or believe to be inaccurate, false or misleading;

4.2.7

engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Us; or

4.2.8

infringe any rights of any third party;

4.3

and You hereby indemnify us for any breach by You of this clause 4.2.

4.4

You warrant and represent that you own or are licensed to use any and all patents, trademarks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights (“Intellectual Property Rights”) in all User Submissions that you make to the Service as part of your use of the Services.

4.5

You hereby grant to Us a non-exclusive, irrevocable licence to make the User Submissions available to other Users of the Service with whom you have invited to participate under your company account.

4.6

You further agree that at all times, you shall:

4.6.1

keep your Login Details confidential and secure;

4.6.2

not use your Login Details with the intent of impersonating another person;

4.6.3

not allow any other person to use your Login Details;

4.6.4

promptly notify Us in the event there is a breach of security or any unauthorised use of your Login Details. We may be contacted by email at admin@fire3ddesign.com;

4.6.5

not use the information presented on or obtained using the Service for any purposes other than those expressly set out in these Terms;

4.6.6

contact Us at admin@fire3ddesign.com immediately if you consider any User Submission posted by another User to breach any of the Terms herein. We endeavour to keep track of all User Submissions on the Service, however your assistance is appreciated in notifying us of any User Submission that may be in breach of these Terms.

4.6.7

comply with all instructions and policies We may provide to you from time to time in respect of the Service;

4.6.8

co-operate with any reasonable security or other checks or requests for information made by Us from time to time; and

4.6.9

use the information made available to you on the Service at your own risk.

4.7

In the case that We, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 4, We reserve the right to take any action that we deem to be necessary, including without limitation, disabling your Login Details, suspending your access to the site (in whole or in part) or terminating your use of and access to the Service; and in the case of illegal use, the instigation of legal proceedings as appropriate.

5

TERM AND TERMINATION

5.1

These Terms will remain in full force and effect while You use or access the Service.

5.2

You may terminate these Terms at any time by ceasing all use of the Service and deleting your Account. Please refer to the Service for further information about how you may delete your Account.

5.3

We may, at any time and for any reason, terminate these Terms with you and deny you access to the Service. In the event of termination of these Terms for any reason, you must not attempt to use the Service.

5.4

Sections 3.3 and 4 to 9 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.

6

RELIANCE ON SERVICE INFORMATION & LINKS

6.1

We do not verify and do not have any control in respect of any User Submission, or other information made available to you through your use of the Service. Consequently, We do not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Service. We advise you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Service, you do so at your own risk and liability.

6.2

We do not participate in any way in nor will We be liable in any way for any communication, transaction, meet-ups, or any relationship between you and other Service users. We recommend that you take all safety precautions when contacting, and engaging in any business transactions or business and meetings with other Service users.

6.3

Links to third party Services and companies and adverts may appear on the Service. We accept no responsibility for the availability, suitability, reliability or content of such third party Services and do not necessarily endorse the views expressed within them. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

7

LIABILITY

7.1

Use of the Service is provided to You free of charge.

7.2

To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

7.3

Subject to clauses 7.4 and 7.5, Our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise shall not exceed £500.

7.4

We shall not be responsible for any:

7.4.1

losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by You and could not have been reasonably foreseeable by You or Us on entering these Terms; or

7.4.2

loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.

7.4.3

loss, damage or cost arising from our compliance with statutory or regulatory obligations. You accept full responsibility for verifying designs produced through the Service meet the requirements of relevant British standards and in doing so you agree to indemnify Us against any claims arising from non-compliance.

7.5

We accept and do not limit Our liability to You for the following categories:

7.5.1

death or personal injury;

7.5.2

negligent misrepresentation, fraud or fraudulent misrepresentation;

7.5.3

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

8

INTELLECTUAL PROPERTY

8.1

We own or have a licence to use all rights in the intellectual property rights relating to the Services and the Service. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2

You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content for Your personal use only and You must not use any part of the submissions of other Service users for commercial purposes unless expressly authorised to do so.

8.3

You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by Us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining our written permission.

9

VIRUSES, HACKING AND OTHER OFFENCES

9.1

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

9.2

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

9.3

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any Service linked to it.

10

DATA PROTECTION AND PRIVACY POLICY

10.1

We are committed to protecting (i) Your privacy; and (ii) the confidentiality of the information provided by You using the Service.

10.2

We only use your personal information in accordance with our Privacy Policy. For details, please visit www.fire3ddesign.com/privacypolicy to see our Privacy Policy.

11

COMPLAINTS

11.1

If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please e-mail Us at: admin@fire3ddesign.com or write to: 33 MATLEY, PETERBOROUGH PE2 5YQ. All notification and communication to Us should be sent to the contact details provided herein.

12

GENERAL

12.1

You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the Service.

12.2

We may update or revise these Terms from time to time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Service (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms.

12.3

You shall comply with all foreign and local laws and regulations which apply to your Use of the Service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

12.4

If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

12.5

Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.

12.6

Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

12.7

Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.

12.8

These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.