Terms and Conditions

Who we are and what this agreement does

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).

Your privacy

We only use any personal data we collect through your use of Julia and the Services in the ways set out in our privacy policy.

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.

About Julia

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.

User Accounts

Every user of Julia must register an account with us by registering an email address and choosing a password. You email address must not:

• contain any swear words or expletives or any words which could cause offence in any language; or
• infringe any third party rights; or
• imply that you are connected to us. For example, your user name must not include the word "juliacanhelp.com" or "switchplane.com" nor must it use any of our trade marks or any confusingly similar words or expressions.

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.

How to start using Julia

You can access Julia by registering as a user. Once you have registered your account you can also download our mobile app via your app store. Before you register as a user and/or download our mobile app you must check that the hardware and software requirements of your computer or device mean that you can use Julia. You must also acknowledge that you have read and accept this agreement and our privacy policy.

We may contact you to say that we do not accept your registration. This is typically for the following reasons:

• Julia is unavailable;
• we cannot authorise your payment;
• you are not allowed to access or use Julia;
• we are not allowed to sell or provide Julia to you; or
• there has been a mistake on the pricing or description of Julia.

We will only accept your registration when we email you to confirm this (Confirmation Email). At this point:

• a legally binding contract will be in place between you and us; and
• you will then be granted access to Julia.

Payment

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:

1. annually in advance; or
2. monthly in advance, payable on the same day of each month of the date of your first payment (i.e. if your first payment was on 5th January then fees would be due on the 5th of each month thereafter). If your first payment is on the 29th, 30th, or 31st of the month, your subsequent monthly payments will be taken on the 28th of each month.

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.

We will do all that we reasonably can to ensure that all of the information you give us when paying for Julia is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

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:

• Verified by Visa; or
• Mastercard®SecureCodeTM

We will send you a confirmation email upon receipt of your payment.

If something happens which:

• is outside of our control; and
• affects you being able to access Julia,

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.

Apple's and Google Play's Terms Also Apply

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.

Operating system requirements

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.

Nature of Julia

The Consumer Rights Act 2015 gives you certain legal rights (also known as "statutory rights"), for example, that Julia:

• is of satisfactory quality;
• is fit for purpose; and
• matches its description.

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 for Julia and how to tell us about problems

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 support@juliacanhelp.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.

If the app is faulty

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:

• us to repair Julia;
• us to replace Julia;
• a price reduction; or
• to reject Julia and get a refund.

To avoid faults in Julia happening, you must:

• install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded; and
• use it only on the recommended third party software and equipment set out in the guide to its use or on our website.

How to Cancel

To end the contract with us, please let us know by doing one of the following:

• email us at support@juliacanhelp.com;
• or you can cancel via Julia by accessing your account.

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:

1. all licences granted under this agreement shall immediately terminate;
2. we may destroy or otherwise dispose of all and any data held in Julia; and
3. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.

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.

How you may use Julia, including how many devices you may use it on

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:

• download and view, use and display Julia on such devices for your personal purposes only;
• provided you comply with our "LICENCE RESTRICTIONS" below, make up to 1 copy of Julia for back-up purposes; and
• receive and use any free supplementary software code or update of Julia incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 to accept these terms and buy the app

You must be 18 or over to accept these terms and access Julia.

You may not transfer Julia to someone else

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.

Changes to these terms

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.

Updates to Julia

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.

Accuracy of information and availability of the Site and App

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 someone else owns the phone or device you are using

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.

We may collect technical data about your 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 may collect location data (but you can turn location services off)

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.

We are not responsible for other websites you link to

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.

Licence restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, Julia in any form, in whole or in part to any person without prior written consent from us;
• not copy Julia, except as part of the normal use of Julia or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of Julia, nor permit Julia or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Julia on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Julia nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile Julia to obtain the information necessary to create an independent program that can be operated with Julia or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to Julia;
• is kept secure; and
• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Julia or any Service.

Content Standards

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:

• Be accurate (where it states facts)
• Be genuinely held (where it states opinions)
• Comply with the law applicable in England and Wales and the country in which the contribution is made.

A Contribution must not:

• Contain any material which is defamatory of any person.
• Contain any material which contains personal information of another individual (and any personal information from the contribution must be redacted prior to upload) or any information which could identify another person (such as distinguishing marks or features) unless you have prior written consent from such individual.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right, trade mark or any other intellectual property rights of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

Prohibited uses

You may use our App only for lawful purposes. You may not use our App:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful, illegal or fraudulent, or has any unlawful, illegal or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate copy or re-sell any part of our Site or App in contravention of this document.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our Site or App;
• any equipment or network on which our Site or App is stored;
• any software used in the provision of our Site or App; or
• any equipment or network or software owned or used by any third party.

Breach of these terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Site and/or App.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our App.
• Issue of a warning to you.
• Legal proceedings and/or legal action against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We do not monitor contributions and other information

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.

Intellectual property rights

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.

Our responsibility for loss or damage suffered by you

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 if you break these terms

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:

• You must stop all activities authorised by these terms, including your use of Julia.
• You must delete or remove Julia from all devices in your possession and immediately destroy all copies of Julia which you have and confirm to us that you have done this.
• We may remotely access your devices and remove Julia from them and cease providing you with access to Julia.

We may transfer this agreement to someone else

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 need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

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.

If a court finds part of this contract illegal, the rest will continue in force

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

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.

Which laws apply to this contract and where you may bring legal proceedings

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.