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TERMS AND CONDITIONS

 

In these Terms of Use, any use of the words "you", "yours" or similar expressions shall mean any user of this website and the app whatsoever. Terms such as "we", "us, "our," “Company” or similar expressions shall mean LeapSonic Limited.

This website, www.leapsonic.com (the “Website”), and LeapSonic mobile application (the “App”) are operated by LeapSonic Limited, a company registered in the British Virgin Islands with registered office at LeapSonic Limited, 111 Leighton Rd. Suite 901, Causeway Bay, Hong Kong, and doing business (D/B/A) in Redmond, Washington, USA.

Our aim is to keep this Agreement as readable as possible. Please read this page carefully as it sets out the terms that apply to your use of the Website and any part of its content and all materials appearing on it. By using the Website you confirm that you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use, please refrain from using the Website. We may collect your personal information when you use the Website, such as an email address.  

ACCEPTANCE

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;
YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

OTHER APPLICABLE TERMS

These Terms of Use are additional to, and should be read in conjunction with, our Privacy Policy and Cookie Policy.

CHANGES TO THESE TERMS OF USE

We may change these terms at any time by amending this page. Please check this page regularly to take notice of any such changes as you will be deemed to accept them through your continued use of the Website.  However, we do attempt to update our users through email to changes we make to the Terms of Use for users with current email addresses in our database.

CHANGES TO THE WEBSITE

We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INTELLECTUAL PROPERTY RIGHTS

The Website is protected by copyright, database rights and other intellectual property and related rights ("Rights") which are owned by us and our suppliers. All such Rights are reserved. Except where otherwise indicated on the Website:

  • You may download and print material from the Website as is reasonable for your own private and personal use;

  • You may also forward such material from the Website to other people for their private and personal use provided you credit us as its source and add the Website address:www.leapsonic.com. You must draw their attention to these terms which also apply to them; and

  • You may provide links to the Website provided they go to the home page only and provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of us where none exists

  • The Website must not be used in any other way, including for commercial purposes, and you may not otherwise reproduce, re-utilize or redistribute it (including, by way of example, creating a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website), or frame or deep-link to it (or to any of its content) on any other website, without our prior written approval. 

  • If you print off, copy or download any part of the Website in breach of these terms, your right to use the Website will cease immediately and you must return or destroy any copies of the materials you have made at our request.

  • The trade marks, logos and brand names shown on the Website are owned by us or our suppliers, partners, companies, or organizations. No rights are granted to use any of them without the prior written permission of the owner.

ACCOUNT

You may register for an Account. You are not permitted to register multiple Accounts on the Website.

In registering for an Account, you will be providing personal data to LeapSonic. Any personal data which you do submit will be processed in accordance with LeapSonic’s Privacy Policy and in accordance with relevant data protection legislation including the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018.  You are responsible for:

  • Ensuring that your equipment is enabled with appropriate up-to-date virus checking software;

  • Maintaining the security of your Account and/or password including (without limitation) by keeping passwords for your Account secure, frequently changing your password and keeping it confidential; and

  • Implementing two factor authentication on your Account.

 

 

NO RELIANCE ON INFORMATION

Reasonable skill and care has been used in producing the Website but it is only designed for general information purposes. No guarantee is given by us or our suppliers that the Website (including any statistics contained on the Website) is accurate, complete or up-to-date. We therefore disclaim all liability and responsibility arising from any reliance placed on the content of the Website by you, or by anyone who may be informed of the Website’s contents.

YOUR RESPONSIBILITIES

You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

 

EXTERNAL LINKS

The Website contains links to other websites and services operated by parties independent to the us. We take reasonable precautions in selecting these however we do not endorse or take responsibility for the content or availability of these websites and cannot accept any liability for any material contained within them or for your use of them or any use of your personal data collected by their operators. If you decide to access linked websites you do so at your own risk and we encourage you to read the privacy statements applicable to each specific website.

If you are under 18, you may need your parent/guardian to help you with your use of the Website and the App and with ensuring the content and availability of any linked websites and services are appropriate.

VIRUSES

We and our suppliers take reasonable precautions to prevent computer viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other items that may damage the operation of computers or property or otherwise engage in computer misuse ("Malicious Programmes") on the Website but cannot accept any liability for them. You are advised to take precautions against such Malicious Programs, including the use of suitable protective software.

YOUR LAWFUL USE OF THE WEBSITE

You must not misuse the Website by knowingly introducing Malicious Programs. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 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 will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempting to interfere with the proper working of the Website.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, GOODS, DIGITAL PRODUCTS, AND/OR INFORMATION WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50.00 USD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE COMPANY’S REMEDIES UNDER THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Website.

DISPUTE RESOLUTION

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying State of Washington law. (If multiple jurisdictions, under applicable laws).

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 1 YEAR(S) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

GOVERNING LAW; JURISDICTION; VENUE

This Agreement will be governed by and construed in accordance with the laws of the State of Washinton, without giving effect to any conflicts of laws principles. Courts of competent authority located in King County, Washington shall have sole and exclusive jurisdiction of any action arising out of or in connection with this Agreement, and such courts shall be the sole and exclusive venue for any such action. Each party consents to personal jurisdiction of such courts.

SEVERABILITY

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

ENTIRE TERMS OF SERVICE

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

NOTICE AND CONTACT

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. If you have any comments or questions about the Website please contact us at www.leapsonic.com.

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