1. General

1.1 These terms and conditions of use (''Terms of Use'') are applicable to the use of the platform accessible via the website ("Platform") provided by Leat (''Leat'', ''we'' or ''our'') in relation to the subscription services Leat offers to its clients.

2. Requirements in order to make use of the Platform

2.1 The Platform may only be accessed by persons that are authorized to use the Platform under an agreement with Leat and/or its clients.

2.2 We and/or our clients can provide you with access to the Platform by providing you with instructions per e-mail or via the Platform.

2.3 We are entitled to (partially) block the access to our Platform at any time if:

a. you do not use our Platform in conformity with the Terms of Use and/or the agreement with Leat and/or its clients under which you are authorized to use the Platform;

b. the agreement or any part thereof between Leat and/or its client under which you are authorized to use the Platform is terminated or suspended for any reason; and/or

c. it is necessary to block your access to protect the security and integrity of the Platform. We are, for example, allowed to block your account in the event of:

i. multiple entries of an incorrect username and/or password,

ii. suspicion of (providing) unauthorized access; or

iii. if there are disruptions caused by the use of our Platform.

Your right to use the Platform ends with immediate effect at the moment we block your access. If the use of the Platform is blocked, please contact us at the e-mail address below.

3. Use of the Platform

3.1 If you are not authorized by Leat or a client of Leat to use the Platform, you may not use the Platform.

3.2 You shall use the Platform in accordance with these Terms of Use and only for the lawful purposes for which Leat and/or its client offer the Platform.

3.3 You acknowledge and agree that the login details to access the Platform are for personal use only and that you are responsible for properly safeguarding and keeping confidential such login details. If you know or suspect that a third party is aware of your login details, please contact us immediately at the email address or telephone number below.

3.4 You are strictly prohibited to use the Platform for actions and/or behaviors that are unlawful under applicable laws and regulations, violate these Terms of Use, the agreement between you or your employer and Leat and/or its clients and/or any other use that is contrary to public order and good morals. This includes, but is not limited to the following actions and behaviors:

a. Circumventing or removing technical provisions intend to protect the Platform (or having them circumvented or removed);

b. Transmitting software or other elements such as viruses, bugs, Trojan horses, which may overwhelm systems of the Platform of Leat or of third parties, ''mail bombing'', denial of service attacks, the creation or management of botnets, or any other infection, including but not limited to executable codes or files that may be used to access the software or hardware of Leat or third parties, modify, delete or damage them, or the electronic documents and files stored in such system, as well as any other program or element with purposes or effects that are unlawful, prohibited or detrimental to the interest and rights of third parties, and Leat does not accept any liability that may result from the foregoing;

c. Infringing upon copyrighted works, rights on databases or otherwise violating the intellectual property rights of us, our clients or third parties;

d. Intruding on other computers or computer systems without permission;

e. Reproducing, duplicating, copying, selling, reselling or exploiting all or part of the Platform and the information offered through the Platform without the express prior consent of Leat;

f. Any use which is defamatory, threatening, intimidating or which could be classed as harassment; or

g. Posting and transmitting any content that contains or is obscene, profane or contains abusive language or material; contains pornographic material (that is text, pictures, films, video clips or a sexually explicit or arousing nature); contains offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation; contains forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message; invades another’s privacy or is otherwise unlawful or inappropriate.

4. Availability and information on the Platform

4.1 We strive to provide reasonable availability of the Platform and its content. However, failures, limitations, defects and interruptions may occur and are not a breach. We will strive to restore the availability as soon as possible.

4.2 The Platform provides access to content provided by clients of Leat. Leat is not responsible for such content and has no control over this content. For this reason, Leat is not responsible for the content and availability of such content.

5. Intellectual Property

5.1 Any intellectual property rights – including copyrights, trademark rights and database rights – which are vested in, contained in or arising from (parts of) the Platform are – and shall remain – vested in Leat and/or its supplier(s), as the case may be.

5.2 Any use by you of the (parts of) the content on the Platform for other purposes than described in these Terms of Use is not allowed without the prior written and express permission of Leat.

5.3 Insofar you upload content on the Platform you will hereby grant Leat a royalty-free, non-exclusive license to use the intellectual property rights contained in or arising from (parts of) the content for the sole purpose of providing the services to its client. You are liable for and shall indemnify and hold us harmless against all loss or damage suffered or incurred by us as a result of any claim or action by any third party for infringement of any intellectual property rights in connection with the (use of the) content you uploaded on the Platform.

6. Privacy

6.1 Leat and its clients are data controllers with respect to personal data that is processed via the Platform. Please find more information regarding the way we process your data in our Privacy Statement.

7. Limitation of liability

7.1 To the fullest extent permitted by applicable law, Leat will not be liable for any damages arising out of or in connection with:

a. with your access and/or use of the Platform;

b. the content and services provided via the Platform by our clients, including the data collected and processed by our clients via the Platform;

c. any errors or, incomplete, erroneous information, malfunctions or interruptions in the Platform and/or its content.

8. Law and jurisdiction

8.1 The Terms of Use are governed by and construed in accordance with the laws of the Netherlands.

8.2 Unless you are a natural person acting for purposes which can be regarded as outside his trade or profession, any and all disputes that arise out of or in connection with these Terms of Use shall be exclusively submitted to the competent court of Midden-Nederland, Location Utrecht, the Netherlands.

9. Changes use of terms

9.1 We may modify any part or all of the Terms of Use. The revised version will be posted at our Terms of Use page. This revised version will be effective and binding the next day after it is posted. If we modify the Terms of Use you will be notified via an email, your account or an in-app notification.

9.2 Such modifications will be deemed to have been irrevocably accepted by you, unless you notify us in writing via contracts@leat.com within fourteen (14) calendar days after we send notice of the revision. If you haven’t given us the notice in time, your subscription will be continued until your next renewal date and governed by the renewed Terms of Use. If we can’t reasonably provide the subscription to you under the terms prior to modification, then the affected Platform will terminate upon our notice to you.

10. Contact

10.1 For more information, please contact contracts@leat.com