OPERATING SYSTEM REQUIREMENTS: TO ACCESS THE PROFILE TOOL YOU WILL REQUIRE A BROWSER COMPATIBLE WITH HTML5, INTERNET ACCESS AND A SCREEN CAPABLE OF DISPLAYING A 720p RESOLUTION (1280px x 720px). TO ACCESS THE COMPANION MOBILE APPLICATION YOU WILL NEED AN ANDROID DEVICE RUNNING ANDROID VERSION 5.0 OR ABOVE OR AN iOS DEVICE RUNNING iOS VERSION 9.0 OR ABOVE.
IMPORTANT NOTICE: BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THESE CONDITIONS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE CONDITIONS, WE WILL NOT LICENSE YOU TO USE LEGACY EXCEL AND YOU MUST STOP USING IT.
These Conditions of Use (Conditions) form a legal agreement between you (you) and Legacy Elite Performance Limited (Company Number 10305632) of c/o Derede Associates Limited, Unit 14a Waterside Business Park, Livingstone Road, Hessle, East Yorkshire, HU13 0EG (us or we) which applies to your use of:
We license use of the above to you on the basis of these Conditions and subject to any rules or policies specified on the Website where you access the System. We do not sell our System or Content to you, and we remain the owners at all times.
We only use any personal data we collect through your use of the System, Website and the Services in the ways set out in our Privacy Policy, which contains provisions designed to prevent processing of children’s personal data without parental consent. Our Privacy Policy is also available on the Website and forms part of these Conditions and will apply to the Services unless you are using a specific service to which a different privacy policy applies, (which you will be asked to accept when you use that service).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the System or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Support. If you want to learn more about Legacy Excel, or have any problems using it, please take a look at our support resources at www.legacyeliteperformance.com.
Contacting us (including with complaints). If you think the System, Website or the Services are faulty or mis-described or wish to contact us for any other reason, please contact your system administrator using their contact details shown within the user section of the System. If they are unable to resolve your complaint, please email our customer service team by e-mail at info@legacyeliteperformance.com or by telephone to 01482 450281 or by prepaid post to Legacy Elite Performance Limited, c/o Derede Associates Limited, Unit 14a Waterside Business Park, Livingstone Road, Hessle, East Yorkshire, England, HU13 0EG.
How we will communicate with you. If we have to contact you, we will do so by email or by text/SMS or by pre-paid post (if you have provided us with your contact details) or when you next start the System or log onto our Website.
In return for your agreeing to comply with these Conditions you may (subject to the functionality being made available), subject to any other user limitations, conditions and requirements we specify which applies to your (or your organisation’s) use of Legacy Excel:
You must appreciate that the details of Legacy Excel are a valuable trade secret of our company, and we need to have your agreement to keep this information confidential, and only to use it for the purposes of your evaluation.
You must be 18 or over to accept these Conditions.
Our Services are directed to people residing in the United Kingdom only. We do not represent that our Services or any Content available on or through our Website is appropriate for use or available in other locations.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
We are giving you personally the right to use Legacy Excel as set out above. Other than as is permitted by the functionality of the System (such as permitted use by the limited number of junior users you register with us to participate in Legacy Excel), you may not transfer the System or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the System is installed, you must remove the System from it.
We may need to change these Conditions to reflect changes in law or best practice or if we decide to change any part of Legacy Excel, including to deal with additional features which we introduce.
We will give you as much advance notice as we can of any changes when you next start the System or log onto our Website. If you do not accept the notified changes you will not be permitted to continue to use Legacy Excel.
From time to time we may automatically update the System and change the Services to reflect changes to the Services or Content, improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the System for these reasons.
If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using Legacy Excel, including any Services.
The System will always match the description of it provided to you when you accessed it.
If you access or use Legacy Excel on any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Conditions, whether or not you own the phone or other device.
By using Legacy Excel, you agree to us collecting and using technical information about the devices used to access the System on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Certain Services will make use of location data sent from your devices. You can turn off this functionality (and stop us collecting such data) at any time by turning off the location services settings for the System on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
The System may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
The System is intended to facilitate collaboration between service users and providers, but this does not mean that we control, validate or endorse any goods, services, offers or opportunities which third-party providers or any Services users may make available, and we are not responsible for them. Any contracts governing the supply or purchase to or by users of goods, services, offers or opportunities will (except where we are party to such supply or purchases) need to be agreed by (or between) and/or users concerned directly and without our involvement, and may be subject to separate terms and conditions (not these Conditions). This means that we will not be responsible for fulfilling or regulating any such contracts, and we will not be liable to any party under them, unless we specifically agree to this in writing with the users concerned.
You acknowledge that the content of the Legacy Excel Services provided or made available, including any information provided are intended for general information only, and is not intended to amount to advice on which you should rely. Such consent is unlikely to reflect your (or the participant’s) particular requirements or circumstances (such as any underlying health conditions, medication being taken or other individual factors) which also needs to be taken into account. It is your responsibility to ensure that the contents meet your requirements. You must obtain medical health professional or other specialist advice before taking, or refraining from, any action on the basis of the content provided.
Although we make reasonable efforts to update Content, we make no representations, warranties or guarantees, whether express or implied, that this is accurate, complete or up to date.
Whenever you make use of a feature that allows you to upload content to our Website and Services, or to make contact with other users of our Services, you must comply with our ‘Acceptable Use Restrictions’ below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make if, in our opinion, your post does not comply with our ‘Acceptable Use Restrictions’ below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
We do not guarantee that our Website or Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website and Services. You should use your own virus protection software.
You must not misuse our Services or Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website or Services, the server on which our Website is stored or any server, computer or database connected to our Services or Website. You must not attack our 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 we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
You agree that you will:
You must:
All intellectual property rights in the System, the Website, Content and the Services throughout the world belong to us (or relevant third party rights holders) and the rights to use Legacy Excel in these Conditions are licensed (not sold) to you. You have no intellectual property rights in, or to, Legacy Excel other than the right to use it in accordance with these Conditions.
Legacy Excel and other service or product names, logos and material used in Legacy Excel constitute (or include) trade marks belonging to us (or relevant third party rights holders). Our System, Website, Content and Services may also feature images, graphics, photos, audio and audio-visual recordings and other content (Proprietary Content) which is proprietary to us or relevant third party rights holders. All rights in such Proprietary Content are reserved. Your rights to use Proprietary Content (or any part or parts of it) may be withdrawn by us immediately by notifying you (by email, SMS, in-app or otherwise), or by incorporating changes in the next System release. Save as expressly permitted in these Conditions (and subject to any such notifications from us) you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works or otherwise use any Proprietary Content in any form, by any means, or for any purpose, without our express prior written consent in each instance.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Conditions, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. If you use Legacy Excel for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the System and the Services. The System and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Legacy Excel. Although we make reasonable efforts to update the information provided, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the System. We recommend that you back up any content and data used in connection with the System, to protect yourself in case of problems.
Check that the System and the Services are suitable for you. The System and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the System meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for Legacy Excel is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use Legacy Excel at any time by contacting you if you have broken these Conditions in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use Legacy Excel:
We may transfer our rights and obligations under these Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.