Terms and Conditions for Leading Edge Only

Terms and Conditions

Last updated: July 21, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Agreement mean these Terms and Conditions, together with any Order, that form the entire agreement between You and the Company regarding the use of the Service.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Leading Edge Only LTD, Sovereign Court, 230 Upper fifth street, Milton Keynes, MK92HR.
  • Company Content means any and all content which is not Your Content and which is made available by the Company on or through the Platform or the Services.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Data Protection Laws means all data protection laws and regulations applicable to the Processing of Personal Data (as such terms are defined in the Data Protection Laws) under the Agreement (including the privacy of electronic communications), and all other industry guidelines (whether statutory or non-statutory) or codes of practice issued by any regulator applicable to a party and all other legislation and regulatory requirements which apply to a party and, each, as amended.
  • Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
  • Documentation means the documents (in whatever media) provided or made available to You in hard or soft copy to facilitate use of the Platform or the Services by You.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Intellectual Property rights means all intellectual property and proprietary rights wherever in the world arising, whether registered or unregistered (and including any application for such rights), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor, topography rights, database rights and rights of publicity, rights of privacy, rights to sue for passing off, moral rights, rights in data or data bases, contract rights and any other legal rights protecting data, information or intangible property throughout the world.
  • Order mean a request by You to purchase a Subscription from Us.
  • Platform means the systems (including all equipment, software, peripherals and communications networks) owned, controlled, operated and/or used by the Company to supply the Services.
  • Service refers to the Company’s software, hardware and other technology used in delivering the services described in an Order, which are delivered via the Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Leading Edge Only, accessible from https://leadingedgeonly.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service which, together with any Order, constitute the agreement that operates between You and the Company (together, the “Agreement”). the Agreement set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with the Agreement. The Agreement applies to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by the Agreement. If You disagree with any part of the Agreement then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

The Services are intended for business-to-business purposes only and not for consumers.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Company shall be entitled to improve or update the Platform or the Services without Your prior consent provided always that the Company will notify You of any such improvement or update as soon as is reasonably practicable and provided always that there shall be no increase to any fees payable as a result of any such improvement or update and provided always that any such improvement or update shall not result in any reduction in the features, functionality, characteristics, security or performance of the Services.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription which shall commence on the earlier of the entry into an Order, issuing a purchase order referencing an Order or otherwise accessing the Platform. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, postcode, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

Your user account is personal and not transferable to any other person or company. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content in accordance with the Agreement and the Acceptable Use Policy. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights prior to posting. Any Content provided by You or other users on the Service will become public and considered to be in the public domain. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the Intellectual Property rights, privacy rights, publicity rights, contract rights or any other rights of any person.

Content Restrictions – Acceptable Use Policy

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Acceptable Use Policy of the Company. Our Acceptable Use Policy describes Our standards that apply when you upload Content to our site, make contact with other users on our site, link to our site, or interact with our Service in any other way. Please read Our Acceptable Use Policy carefully before using Our Service. The Company reserves the right, but not the obligation, to, in its sole discretion (acting reasonably and proportionately), determine whether or not any Content is appropriate and complies with the Acceptable Use Policy or this Agreement , and refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. The Company shall notify You of the breach and any intended action as soon as possible.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Data protection and Information security

Each party shall comply with its respective obligations under the Data Protection Laws, and may exercise its respective rights and remedies.

The Company shall at all times throughout the term of a Subscription have in place and maintain appropriate technical and organisational measures against unauthorised or unlawful access to or processing of Your Personal Data and against accidental loss or destruction of or damage to Personal Data in line with good industry practice.

This clause shall survive termination or expiry of the Agreement for any reason.

Copyright Policy

Intellectual Property Infringement

We respect the Intellectual Property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other Intellectual Property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

For U.S. residents, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other Intellectual Property laws of both the United Kingdom and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

The Company hereby grants You a non-exclusive, not sublicensable, revocable, worldwide, royalty free licence to access and use, for Your own benefit and in Your business the Platform, the Services, the Company Content and the Documentation in accordance with the terms of the Agreement.

All rights, title and interest in and to Intellectual Property rights arising in connection with the Content provided by You or other users shall, to the extent that it is commissioned, created, invented or authored by or on behalf of You or are licensed to You by a third party, remain vested in You (or the Your licensors) including any derivatives or altered formats of the Content provided by You or other users and including where the Content provided by You or other users is amalgamated or merged with other Company or third party data and nothing in the Agreement shall operate so as to assign or transfer any Intellectual Property rights in and to any Your Content.

You hereby grant to the Company a non-exclusive, revocable, worldwide, royalty free, non-transferable and non-sublicensable licence to use Your Content solely and to the extent necessary to provide the Services and otherwise perform its obligations in accordance with the terms of the Agreement. The Company shall not have any extended right to use the Your Content whether in raw form, aggregated or anonymised.

Unless You specifically object, the Company shall have the right to use within the Platform any of Your names, logos, branding, get up or trade marks with such use to be limited to identification purposes.

For further information regarding the treatment of Intellectual Property, please see the Acceptable Use Policy .

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. 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 on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Agreement.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any other provision of the Agreement, neither the Company’s nor Your liability under the Agreement shall be limited in any way in respect of the following: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other losses which cannot be excluded or limited by law.

Subject always to the prior paragraph, notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the higher of: (a) 10% of the amount actually paid by You through the Service (if any) during the 12-month period prior to the cause of action giving rise to the relevant claim or series of connected claims or (b) 100 GBP.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

If you are resident in the U.S, please note that some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

Subject to any service level agreement agreed in any Order, the Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of England & Wales, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any governments list of prohibited or restricted parties imposed under trade and financial sanctions law and regulations, sanctions and export control laws, trade embargoes and any other foreign trade control laws, rules and regulations, including but not limited to, the U.S. Export Administration Regulations, U.S. trade and financial sanctions laws and regulations administered by OFAC, and sanctions and export control laws administered by the European Union or any other governmental entity imposing economic sanctions and trade embargoes (together “Trade Controls”) relating to the performance of Your obligations hereunder. You agree that You shall not use, resell, export, reexport, distribute, transfer, dispose of or otherwise deal with any Content or technical data from the Services, directly or indirectly, except in full compliance with such Trade Controls.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about the Agreement, You can contact us: