17 Aug 2020
Please read these license terms carefully. By registering as a user of our website or by downloading our app you agree to these terms which will bind you. If you do not agree to these terms do not register as a user and do not download the app.
We Switchplane Ltd of Unit 4 Martello House, Highfield Office Park, 1a Edward Road, Eastbourne, United Kingdom, BN23 8AS license you to use the Julia website portal, online application and mobile application software, the data supplied with the software, the service you connect to via the website portal and the app and the content we provide to you through it (Julia) and any updates or supplements to it as permitted in these terms.
You can register for Julia via our website www.juliacanhelp.com (Site).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Julia may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Julia is an online portal and app which allows you to log and store your continuing professional development (CPD) data and evidence of your CPD.
Every user of Julia must register an account with us by registering an email address and choosing a password. You email address must not:
We reserve the right in our sole discretion to refuse to register an email address and/or request that you change your email used for registration.
Please keep your password secure and confidential. You must not disclose this information to anyone else or any other third party. We have the right to disable or suspend your account in our absolute discretion any time, if we suspect that you have not kept your account information secure and confidential or if we reasonably suspect that a third party is using your account.
It is your responsibility to keep your password safe. We have no responsibility for any unauthorised use of your account. If you become aware of any unauthorised use of your account please contact us immediately on 01323 505980.
We also reserve the right to terminate your account at any time, in our absolute discretion by contacting you via the contact details you provided to us on registration.
We may contact you to say that we do not accept your registration. This is typically for the following reasons:
We will only accept your registration when we email you to confirm this (Confirmation Email). At this point:
Access to Julia may include a free trial for the period as stated on our website. These terms still apply. Once the free trial period is over, or upon registration if there is no free trial period, you will then be directed to our payment page. You will have the option to either pay for Julia:
The price to use Julia shall be displayed on our Site. Payment can be made by debit or credit card through the Site. We use third party payment processors to process card payments. We do not store or process any card details on our own servers. The third party payment processors will store the card details used to pay for Julia and will use those same card details to take subsequent monthly and yearly payments when we instruct them to.
All amounts and fees stated or referred to in this agreement shall be payable in pounds sterling and are inclusive of any applicable taxes (such as value added tax).
We accept the following credit cards and debit cards: Visa, Mastercard. Visa Electron, Maestro.
Your credit card or debit card will be charged when you choose to upgrade from your free trial to a paid subscription.
All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
We will send you a confirmation email upon receipt of your payment.
If something happens which:
we will let you have a revised time for when you can expect to be able to access Julia.
If your computer or device blocks access to Julia or the automatic download of Julia’s mobile app or the automatic download does not start, you may still have the right to cancel the contract. If this happens, please contact us using the contact details at the top of this page.
Once you have downloaded and paid for Julia via the Site you may download our mobile app which is free to download via Apple’s App Store for Apple/ios users or Google Play for Android users (together the App Store). The ways in which you can use Julia may also be controlled by the App Store’s rules and policies.
Please check the file size of Julia as using too much mobile data might mean that you exceed your data limit on your mobile phone and you could face paying more than you were expecting.
The Julia website requires a device with a modern browser and an internet connection. The Julia app requires an Android or iOS device with a minimum of 64 MB of memory and an internet connection.
The Consumer Rights Act 2015 gives you certain legal rights (also known as "statutory rights"), for example, that Julia:
Julia must comply with your legal rights.
We will use all reasonable efforts to ensure that Julia is free from defects, viruses and other malicious content. We do not promise that it is compatible with any third party software or equipment except where we have said otherwise.
You acknowledge that there may be minor errors or bugs in it.
Support. If you want to learn more about Julia or have any problems using it then please take a look at our support resources at juliacanhelp.com OR contact us.
Contacting us (including with complaints). If you think Julia is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com, fill out our contact form, or use the live chat facility on our website.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us when you registered your account.
Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'). You may also have other rights in law.
Please contact us using the contact details at the top of this page, if you want:
To avoid faults in Julia happening, you must:
To end the contract with us, please let us know by doing one of the following:
If you have paid for 12 months in advance, we will provide you with a pro rata refund for any months which you have not used Julia. For example if you purchased a 12 month subscription on 15th January and you gave us notice to cancel Julia on 1st July, your subscription would end on 14th July, and therefore we would provide a pro rata refund from 15th July to 14th January.
We will make any refunds due to you as soon as possible. We will endeavour to refund you any amounts due within 14 days from the expiry of this agreement.
On expiry, cancellation or termination of this agreement for any reason:
You are responsible for making sure that any content and data uploaded to Julia is stored and saved elsewhere prior to termination. We cannot be responsible nor liable to you in this regard.
When you register for Julia and/or download our mobile app you will not own it. Instead we give you permission to use it (also known as a 'licence') for the purpose of you using and enjoying it according to these terms. In return for your agreeing to comply with these terms you may:
You must be 18 or over to accept these terms and access Julia.
We are giving you personally the right to use Julia as set out above. You may not otherwise transfer Julia or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which Julia is installed, you must remove/uninstall Julia from it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start Julia.
If you do not accept the notified changes and new terms you will not be able to use the App and your account will be cancelled. Please see our "How to Cancel" section above.
From time to time we may automatically update Julia to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update Julia 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 Julia.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
While we try to make sure that our Site and App are accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that Julia will be fit or suitable for any purpose. Any reliance that you may place on the information on Julia is at your own risk.
We may suspend or terminate operation of Julia at any time as we see fit.
Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we try to make sure that the Site and App are available for your use, we do not promise that the Site and App are available at all times nor do we promise the uninterrupted use by you of Julia and we shall have no liability to you in this regard. In particular, we may have to update Julia or our Site may be under maintenance.
If you access or download Julia onto 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 terms, whether or not you own the phone or other device.
By using Julia you agree to us collecting and using technical information about the devices you use Julia on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for Julia on the device. If you use this functionality 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 and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your device.
The App 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). Any such links or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any link and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
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.
You agree that you will:
These content standards apply to any and all material which you contribute and/or upload to Julia (Contribution) to include but not limited to your pictures and description of the evidence of your CPD and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A contribution must:
A Contribution must not:
You may use our App only for lawful purposes. You may not use our App:
You also agree:
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
Please note that we do not monitor Contributions or the activities of users and are under no duty to you to do so.
We have the right (but not the obligation) to monitor any Contribution or user activity and we have the right to refuse, reclassify or remove any Contribution or edit any other content or information in our absolute discretion if (without limitation) such material does not comply with these terms or we are notified that it may be offensive, illegal or defamatory.
All intellectual property rights in Julia throughout the world belong to us (or our licensors) and the rights in Julia are licensed (not sold) to you. You have no intellectual property rights in, or to, Julia other than the right to use them in accordance with these terms. Our brand is a trade mark and must not be infringed. All other content is protected by copyright and you must not use any part of Julia or any content without our permission.
In consideration of your use of Julia you grant to us a non-exclusive, non-transferable licence to use all and any of your Contributions in accordance with this agreement.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms 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 terms, 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 or losses to non-consumers. If you use Julia for any commercial, business or resale purpose or for any purpose of which you are not a consumer we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or any other indirect or consequential damages or any other losses to non-consumers.
Limitations to Julia. The App is provided for general information and record purposes only. The App does 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 Julia. Although we make reasonable efforts to update the information provided by Julia 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 Julia. We recommend that you back up any content and data used in connection with Julia, to protect yourself in case of problems with Julia.
Check that Julia is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of Julia (as described on Julia Store) meet your requirements.
We are not responsible for events outside our control. If our provision of Julia or support for Julia 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. Such events include but are not limited to strikes, epidemics, natural disasters, lock-outs or other industrial disputes; breakdown of systems or network access; or storms, flood, fire, explosion or accident.
We may end your rights to use Julia at any time by contacting you if you have broken these terms 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 Julia:
We may transfer our rights and obligations under these terms 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 terms 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 terms 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 terms, 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.