End User License Agreement
End-User License Agreement ("Agreement")
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using LexClearing ("Application").
This is a legal Agreement between you and LEXCLEARING PROBATE LIMITED (“LexClearing”, “we”, “us”, “our”, “LexClearing ”) registration number: 08908265, a company registered in England and Wales, whose office is at 3rd Floor, Library Building, Sun Street, Tewks, GL20 5NX, United Kingdom.
By creating a LexClearing account or by using the Lexclearing platform, whether through a mobile device, mobile application or computer (collectively, the “Services”) and clicking the "I Agree" button, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not access the Website or our Service. Your attention is drawn specifically to section 7 – Warranties and Limitation of Liability.
We may make changes to this Agreement from time to time for a variety of reasons including changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the App and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the service or via email. You agree that this Agreement shall supersede any prior agreements and shall govern your entire relationship with us, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
1. License
1.1 LexClearing grant you a revocable, non-exclusive, non-transferable, non-sublicensable licence to install and use the Service, in machine executable object code form only, solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. Your access to and use of the Services must further comply in all material respects with any instructions and guidelines (“Guidelines”) posted on the Site and/or communicated through the Lexclearing platform(s). We may make the Lexclearing platforms(s) available for download through the Apple App Store at https://www.apple.com/uk/app-store/, the Google Play Store at https://play.google.com/store/apps , or other third party app stores. Your License to any Lexclearing platform(s) is also governed by the applicable terms of use, policies and procedures of the App Store through which you download the Lexclearing platform(s) (“App Store Terms”). These terms supplement the applicable App Store Terms and to the extent that these Terms contradict or are inconsistent with our Terms, these Terms control and prevail.
2. Restrictions
2.1 We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub licensable licence to access and use the Service. Therefore, you agree not to:
2.1.1 Use the Service for any commercial purposes without our written consent;
2.1.2 copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through https://app.lexclearing.co.uk/
2.1.3 express or imply that any statements you make are endorsed by LexClearing ;
2.1.4 use the Service in any way that could interfere with, disrupt or negatively affect us;
2.1.5 “frame” or “mirror” any part of the Service without our prior written authorization;
2.1.6 use meta tags or code or other devices containing any reference to the Service to direct any person to any other website for any purpose;
2.1.7 modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so;
2.1.8 encourage or promote any activity that violates this Agreement.
2.2 We may investigate and take any available legal action in response to illegal and / or unauthorised uses of the Service, including termination of your account.
2.3 You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
3. Modifications to Application
3.1 LexClearing reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
4. Term and Termination
4.1 This Agreement shall remain in effect until terminated by you or LexClearing.
4.2 We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
4.3 This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the account and all copies thereof from your mobile device or from your desktop.
4.4 Upon termination of this Agreement, you shall cease all use of the Service and delete all copies of the Application from your mobile device or from your desktop. Upon such termination, all license and other rights granted to you under these Terms will immediately terminate, but all other provisions of these Terms will survive termination. We may further bar access to the LexClearing s’ Services and your account(s) and delete any and all information associated with your account(s).
5. Severability
5.1 If any provision of this Agreement 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.
6. Feedback
6.1 By sending us any ideas, suggestions, comments, improvements, documents, proposals or other feedback, including without limitation, concerning the Lexclearing platform(s) ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, fully sub-licensable and transferable, worldwide license to use, disclose, reproduce, modify, publish, distribute, transfer and otherwise utilize your Feedback in any manner and for any purpose.
7. Warranties and Limitation of Liability
7.1 LEXCLEARING PROBATE LIMITED PROVIDES THE SITE, THE LEXCLEARING PLATFORM(S) AND THE OTHER LEXCLEARING SERVICES ON AN "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. LEXCLEARING PROBATE LIMITED AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “LEXCLEARING PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. THE LEXCLEARING PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS, CURRENCY, OR NON-INFRINGEMENT OF THE LEXCLEARING SERVICES OR OF THE INFORMATION OR OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE LEXCLEARING SERVICES. THE LEXCLEARING PARTIES DO NOT WARRANT THAT THE FUNCTIONS OF THE LEXCLEARING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LEXCLEARING SERVICES OR THE SERVERS THAT MAKE THE LEXCLEARING SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
7.2 YOU UNDERSTAND AND AGREE THAT YOU USE THE LEXCLEARING SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL THE LEXCLEARING PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY OF THE LEXCLEARING SERVICES AND DAMAGES RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT THE LEXCLEARING PARTIES HAVE BEEN ADVISED OF SUCH POSSIBILITY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE LEXCLEARING SERVICES SHALL BE TO TERMINATE YOUR USE OF SUCH SERVICES. IN NO EVENT SHALL THE LEXCLEARING PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS OR YOUR USE OF THE LEXCLEARING SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO LEXCLEARING PROBATE LIMITED FOR USE OF THE LEXCLEARING SERVICES DURING ANY ONE MONTH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Amendments to this Agreement
8.1 We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 21 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9. Data Protection
9.1 LexClearing shall follow its archiving procedures for Data protection as set out in our Privacy Notices available at https://app.lexclearing.co.uk/ or such other website address as may be notified to you from time to time, as such document may be amended by us in our sole discretion from time to time. In the event of any loss or damage to your personal data, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged personal data from the latest back-up of such personal data maintained by us in accordance with the archiving procedure described in our Privacy Notices. LEXCLEARING PROBATE LIMITED shall not be responsible for any loss, destruction, alteration or disclosure of personal data caused by any third party.
10. Mandatory Policies
10.1 The applicable mandatory policies can be found on https://app.lexclearing.co.uk/
11. Anti-Money Laundering
11.1 LexClearing’s anti-money laundering policy is available through email. Please email us at [email protected] for more information. LexClearing has a whistleblowing duty and will therefore make a report to the National Crime Agency where such need arises. LexClearing cannot be found liable for any money laundering activities in which users of LexClearing may be involved.
12. Contact Information
12.1 If you have any questions about this Agreement, please email us at [email protected] or writing to LEXCLEARING PROBATE LIMITED, 3rd floor, the Library Building, Sun Street, Tewkesbury, Gloucestershire, GL205NX.
© LexClearing Probate 2023, All Rights Reserved.
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