HEY LEGAL LIMITED

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

Hello, and welcome to Hey Legal!

This Hey Legal Mobile Application (App) and the services available through use of the App (Services) are made available by Hey Legal Limited, a company incorporated in Scotland under number SC585945 and having its registered office at 1 Simonsburn Road, Kilmarnock, Ayrshire KA1 5LA (Hey Legal, we, us or our).

  1. Use of the App and the Services
  2. We grant the user of the App (you, your or user) a non-exclusive, non-transferable, revocable licence to use the App and the Services and any updates or supplements to them, as permitted in and subject to these terms and conditions (App Terms).
  3. In return for you agreeing to comply with the App Terms you may download or stream a copy of the App and view, use and display the App on your phone or other devices for your personal purposes only. You may also use the Services as detailed in the App.
  4. We may from time to time vary these App Terms. It is your responsibility to check the App Terms from time to time so that you are aware of any variations that we may make. If you continue to use the App you are deemed to have accepted such variations. If you do not accept the variations you must stop using the App.
  5. The subscription fees that we charge are paid by you through a third party provider, Stripe. In addition to the App Terms, you will be bound by the terms and conditions and privacy policies of Stripe (Stripe Terms). If there is any conflict between the App Terms and the Stripe Terms, the App Terms will prevail.
  6. We do not currently offer subscription plans through Apple, Google, Amazon or any other relevant third-party platform (Platforms). If we do offer subscription plans through Platforms in future, and if you subscribe through a Platform, you will be bound by the terms and conditions and privacy policies of the Platform (Platform Terms). If there is any conflict between the App Terms and the Platform Terms, the App Terms will prevail.
  7. Your agreement with your network provider (Mobile Provider) will also apply to your use of the App. You will be responsible for any charges applied by your Mobile Provider.
  8. Services may be affected by device signal, functionality or other performance issues. These are not the responsibility of Hey Legal.
  9. The App is designed to work on the major operating systems (iOS and Android). 
  10. Purpose and limitation
  11. The App is designed as a platform for the delivery of continuing professional development content, including podcasts.
  12. The App does not provide legal advice and we are not responsible for providing legal advice to you. By using the App and the Services you acknowledge that information obtained through the App is not tailored for you or any specific person and should never be used as a substitute for legal advice.
  13. Content on the App is provided by third party contributors. Hey Legal does not verify any of the content and makes no warranty or representation as to the completeness or accuracy of any information received from our contributors and made available through the App.
  14. The App's functionality depends on accurate data being made available to it by the user. It is your responsibility to make sure that your data is always accurate and up to date and Hey Legal shall not be liable for any inaccuracy or lack of data.
  15. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
  16. To the fullest extent permitted by law, Hey Legal excludes all representations and warranties, whether express or implied, including any representations or warranties that the App is fit for purpose, of satisfactory quality, free from defects, is able to operate on an uninterrupted basis, that use is in compliance with laws or that any information you transmit in connection with the use of the App or the Services will be successfully, accurately or securely transmitted.
  17. To the fullest extent permitted by law, Hey Legal shall not be liable to you for use of the App or the Services. In the event that applicable law does not allow the exclusion of liability, in no event shall Hey Legal’s liability arising under or in connection with these App Terms and your use of the App or the Services exceed £50.
  18. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
  19. We rely on you to provide us with accurate, complete and up-to-date information and you agree to provide that information and to keep it accurate, complete and up-to-date.
  20. You are responsible for all activities that occur when the App or the Services are accessed using your user information, whether or not you know about them.
  21. Your privacy
  22. We will collect certain personal data about you when you use the App, including (but not limited to) your name, telephone number and email address. Your privacy is important to us and we will only use any personal data we collect through your use of the App in the ways set out in our privacy policy that appears on our website at https://www.heylegal.co.uk/ (Privacy Policy).
  23. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  24. By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and services, as set out in the Privacy Policy.
  25. Updates
  26. From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. 
  27. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App. That will not affect your obligation to pay subscription fees and will not entitle you to any refund of subscription fees.
  28. If someone else owns the phone or device you are using

If you download or stream the App 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 the App Terms, whether or not you own the phone or other device. 

  1. Links from the App

The App may contain links to 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. 

  1. Licence restrictions

You agree that you will:

  1. keep your login information private and secure and not share it with any other person;
  2. not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  3. not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  4. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in the App Terms;
  5. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services 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 the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  6. is not disclosed or communicated without our 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
  7. is not used to create any software that is substantially similar in its expression to the App;
  8. is kept secure; and
  9. is used only for the Permitted Objective;
  10. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
  11. Acceptable use restrictions

You must: 

  1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the App Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
  3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  5. not collect or harvest any information or data from the App or any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  6. Subscription
  7. The App is available for free download. In order to give you access to the full functionality of the App, however, you will need to subscribe for an annual plan using Stripe, as set out in the App or on our website (Subscription). Subscription will give you access to all regular Services (including podcasts and other content) other than certain premium content that we may offer from time to time, which can be purchased separately.
  8. We may from time to time offer reduced subscription plans for new users. These are at our discretion and may not be available for all users.
  9. We may change the Subscription prices at any time and, for existing subscribers, these will take effect on the next renewal.
  10. If you purchase a Subscription but fail to make payment of fees or other charges we shall be entitled to terminate your access to paid-for content. 
  11. Subscriptions will renew automatically, for the same length of period as the previous Subscription. If you want to cancel your Subscription and avoid paying renewal fees, you must cancel the Subscription before the renewal date. You can also cancel after the renewal date at any time, but there is no refund of the Subscription fee and you can continue to use the App and the Services covered by your Subscription until the end of the current Subscription period. You can cancel the Subscription by following the instructions in "Settings" on the App.
  12. By taking out a Subscription plan:
  13. you agree to notify us immediately if there is any unauthorised use of your password or other login information;
  14. you warrant that all information provided by you, whether at the time of registration or otherwise, is accurate and complete at the time it is given;
  15. you consent to notices being given to you by electronic means; and
  16. you consent to the electronic storage of information related to use of the App and the Services.
  17. Intellectual property rights
  18. We are the owner or the licensee of all intellectual property rights in the App and the Services throughout the world and the rights in the App and the Services are licensed or sub-licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with the App Terms.
  19. We do not claim ownership of any information that you provide to us through your use of the App and the Services (User Information) but you agree to provide us with a non-exclusive, transferable, royalty-free licence to use the User Information in any way required for the operation by you of the App and the Services.
  20. Our responsibility for loss or damage
  21. 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.
  22. 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.
  23. When we are liable for damage to your property. If defective digital content that we have supplied damages a device 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.
  24. We are not liable for business losses. The App is for private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  25. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
  26. Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
  27. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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.
  28. Termination
  29. We may end your rights to use the App and Services at any time by contacting you if you have breached the App Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
  30. If we end your rights to use the App and Services:
  31. You must stop all activities authorised by the App Terms, including your use of the App and any Services.
  32. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  33. We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
  34. Transfer of agreement
  35. We may transfer our rights and obligations under the App 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.
  36. You may not transfer your rights or your obligations under the App Terms to another person.
  37. General
  38. Each of the paragraphs of the App 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.
  39. 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 the App 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.
  40. The App Terms are governed by Scots law and you can only bring legal proceedings in respect of the products in the Scottish courts.
  41. Support for the App
  42. Support. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources on our website at https://www.heylegal.co.uk/support.
  43. Contacting us. If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at [email protected]
  44. How we will communicate with you. If we have to contact you we will do so by email, using the email address you have provided to us, or through notifications on the App.