We are Lattice Training Limited, the creators of the Lattice Training App (referred to below as the ‘app’). We are a company registered in England and Wales, and our trading address is Unit 11 Clarence Industrial Estate, Eastside Road, Chesterfield, S41 9AT, UK.
You must be at least 13 years old to use the app.
By downloading the app, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them.
If you do not agree to these terms, we will not allow you to use the app and you should not download it.
Please note that in addition to these terms you must also agree to separate terms of service relating to the coaching/training service you are receiving from us on the app. You will be provided with an opportunity to agree to separate terms that will become part of our agreement with you. For instance, if you are receiving a Performance Coaching Plan, you must agree to our terms of service for assessments and training plans. To the extent that any separate terms conflict with these terms, the separate terms shall govern to the extent of the conflict.In this agreement, references to the ‘App Store’ means Apple’s App Store, and we refer to the rules contained in the Apple Media Services Terms and Conditions as the ‘App Store rules’.
This agreement is made between us you and us. Apple is not a party to this agreement and has no responsibility for the app or its content.
We license you to download the app onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules. The licence:
The app can be accessed, used and downloaded by other accounts that are associated with you through family sharing in accordance with the App Store rules.
You must comply with the App Store rules as well as this agreement but, if there is any conflict between them, you should follow the App Store rules rather than the equivalent rule here.
You do not own the app or any of its contents but you may use it as permitted by this agreement and by the App Store rules.
If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
You are not allowed to:
To use the app your device needs to comply with the following minimum requirements (the app may work with earlier operating system versions but we do not support these devices):
We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.
You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the app. Data and messaging charges may apply to your use of the app or any text messaging or photo sharing features you use via the app. You accept responsibility for any such charges that arise.
We are responsible for customer service in relation to the app and can help you if you are having any issues. You acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the app, although if the app is faulty, you may be able to claim a refund from them — please see clause 11.1).
If you need to get in touch with us, you can use any of the following methods:
If we need to get in touch with you, we will do so by email or an in-app notification.
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
If any third party claims that the app or your possession and use of the app infringes their intellectual property rights, we (and not Apple) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.
We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings.
We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
You will be notified of any material changes in advance and your continued use of the app will act as your consent to any such changes. If you do not wish to accept the changes, please do not continue to use the app.
The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
You must not use external services in any way that:
From time to time, we may change or remove the external services that are made available through the app.
If the app fails to meet the standards required by law (including that the app is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the app. Please note that this is entirely separate to your refund rights in relation to any training or coaching services which you receive from us and which are hosted on the app. Please see our cancellation and termination policy on our website for further information. Any other claims, losses, liabilities, damages, costs or expenses will be our sole responsibility, including claims:
that relate to product liability;
Apple has no other responsibility or obligation in relation to the app beyond providing a refund in the circumstances described in clause 11.1.
If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device (such as a faulty camera), App Store failure or anything else that it would not be reasonable to expect us to control.
We can end this agreement if you do not comply with any part of it.
We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users (including our employees or staff), interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
The consequences of the agreement ending are as follows:
You represent and warrant that you are not:
If either of the situations in this clause apply to you, you are not permitted to download and use this app.
These terms make up the entire agreement between you and us regarding your use of the app. They supersede any prior agreements.
Some of the services that we offer which you may access via the app are also governed by separate terms of service. If you use any of these services, you will be provided with an opportunity to agree to separate terms that will become part of our agreement with you. For instance, if you are receiving a Performance Coaching Plan, you must agree to our terms of service for assessments and training plans. To the extent that any separate terms conflict with these terms, the separate terms shall govern to the extent of the conflict.
If any portion of these terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us.
Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.
Other than Apple and Apple’s subsidiaries, no one other than us or you has any right to enforce any term of this agreement.
We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
Any disputes will be subject to the exclusive jurisdiction of the English and Welsh courts (except where you are a consumer living in Scotland or Northern Ireland).