Important Legal Notice
1.1. Who we are. We are Leafcutter Studios Limited, a company incorporated and registered in England and Wales with company number 06993395 whose registered office is at 150 High Street, Sevenoaks, Kent, TN13 1XE (hereinafter referred to as “us” or “we” or “Leafcutter Studios” or “Leafcutter Studios Ltd”).
1.2. How to contact us. You can contact us via email to support@leafcutterstudios.com or by post to 150 High Street, Sevenoaks, Kent, TN13 1XE
2.1. These Terms of Use form the basis of the user contract being formed between you and us for the use of our mobile application for iOS devices 'Simon Webb's Pool Workout App' (hereinafter referred to as 'Simon Webb's Pool Workout App' or the 'Pool Workout App' or the 'App').
2.2. Privacy Policy. The ‘Leafcutter Studios Privacy Policy’ sets out how we collect and use data relating to you and it forms part of these Terms of Use. A link to our Privacy Policy can be found in the App and on our website.
2.3. These terms of use constitute a legal agreement between us and you. Please read them carefully.
2.4. We reserve the right to change these Terms of Use from time to time. We will post updates of the Terms of Use in the App with a timestamp to show the date of the amendment.
2.5. By using the App you are confirming that you accept the Terms of Use. If you do not accept the Terms of Use you must not use the App.
3.1. Use of the App is at your own risk.
3.2. To use the App you must be at least 18 years of age and have full legal capacity.
3.3. All content in the App is provided for general information only and should not be relied upon for its accuracy, completeness or relevance.
3.4. The App is intended exclusively for consumers. Use of any part of the App for commercial purposes or public performance of any kind is expressly prohibited.
3.5 The App may provide links to third-party resources, including but not limited to websites, products or services (hereinafter ‘External Services’). Leafcutter Studios does not give any representation, warranty or endorsement, express or implied, with respect to the legality, quality, security or authenticity of content, information or services provided by such External Services. You accept and acknowledge that Leafcutter Studios has no control over such External Resources and therefore is not responsible for their content, suitability and availability. You agree to indemnify Leafcutter Studios and all our respective directors, officers, employees, agents, partners, licensors and suppliers from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of your use of any External Services.
4.1 Subscriptions made available for sale in the App must be purchased via a third-party app store provided by Apple (‘Apple App Store’). To access these purchases users must follow the transaction process on the relevant app store and such purchases are subject to the terms and conditions of those stores. We encourage you to carefully read the terms and conditions of the relevant app store before proceeding to use them.
4.2 Subscriptions purchased within the App allow you to receive a Product continuously or regularly over a determined period of time. Subscriptions begin on the day payment is received by the relevant app store.
4.3 Subscriptions in the App will automatically renew unless you turn auto-renew off in your App Store account settings on your device. If you want to stop your subscription then you must switch off auto-renew at least 24 hours before the end of the current subscription period.
5.1. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the App, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned in the App may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
6.1. All content in the App is provided as is. We make no representations, warranties or guarantees, whether express or implied, that the content in the App is accurate, complete or up to date.
6.2. You are responsible for making all arrangements necessary for you to have the appropriate hardware and software to make use of the App. We make no guarantee that the App or any content or feature contained therein will always be available, uninterrupted or error free, or that it will be secure from bugs or viruses. 6.3. We reserve the right to suspend or withdraw the whole or part of the App at any time without notice and without incurring any liability.
7.1. All internet transmissions are never completely secure or private. There is therefore a risk that any information that is sent from or received by the app may be intercepted and potentially read or manipulated by others. We will have no liability in respect of any transmissions to or from the App.
8.1. By using the App you agree that the services provided therein are provided on an ‘as is’ and ‘as available’ basis for your use, without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, the App is provided to you on the basis that Leafcutter Studios excludes all representations, warranties, conditions and other terms (including, but not limited to, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
8.2. To the maximum extent permitted by applicable law, Leafcutter Studios and all other related parties exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contract, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the App, its use and any websites linked to the App or the material on such websites, including, but not limited to, loss or damage due to viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer, equipment, software, data or other property on account of your access to, or use of the App and any linked websites and their material.
8.3. Notwithstanding anything to the contrary in these terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so.
8.4. You agree to indemnify Leafcutter Studios and all our respective directors, officers, employees, agents, partners, licensors and suppliers from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of any non-compliance by you with these Terms of Use, and/or claims brought by third parties arising from or related to your access or use of the App.
9.1. Applicable Law. You and we both agree that these Terms of Use, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales. You and we will submit all disputes and claims arising out of or in connection with this Agreement, its subject matter or formation to the exclusive jurisdiction of the courts of England.
9.2. Entirety of Agreement. The terms of use set forth herein constitute the entire agreement between you and us and supersede and extinguish any communications or previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, with respect to the subject matter of this Agreement. You and we agree that we both shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. You and we agree that we both shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein.
9.3. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a provision modified to the minimum extent necessary to make it a valid and enforceable provision while to the greatest extent possible achieving the intended commercial result of the original provision.
9.4. No Waiver. The waiver, delay or failure of Leafcutter Studios Ltd to exercise in any respect any right provided in this Agreement shall not be deemed a waiver of that or any other right or remedy to which we may be entitled nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
9.5. Assignment. We may at any time transfer or assign any of our rights or obligations under this Agreement, in whole or in part, to any person or entity without your consent.
9.6. Headings. Any numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
Updated 6th August 2021