ICONSYSTEM TERMS AND CONDITIONS OF USE

INTRODUCTION: In return for Elecosoft allowing you access, and JD authorising your access to this Website and making materials and content available to you, Elecosoft and JD imposes and requires you to accept these Terms and Conditions of Use ("Terms and Conditions"). If you are not prepared to agree to these Terms and Conditions then JD and Elecosoft require you to leave this Website immediately. You may not use or access the IconSystem.

INDEMNITY: You agree to fully indemnify, defend and hold Elecosoft and JD, and their officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of this Website, and the materials and content uploaded to or supplied on the Website..

RIGHTS OF JD SPORTS AND ELECOSOFT: Elecosoft reserves the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that Elecosoft shall not be liable to you or any third party for any modification to or withdrawal of the Website; and / or change these Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed.

If you do not agree to any change to the Conditions then you must immediately stop using the Website.

JD may withdraw, modify, replace or update the material or contents of this Website with or without notice. It is your responsibility to check regularly to determine whether there have been any changes, and to check that you are using the most up to date documentation. All documentation will be produced in English and any measurement given shall use the metric system. Any material or contents on this Website should be read in conjunction with any location/store specific materials supplied to you directly by the JD Store development team. If you have any questions regarding the material or contents of this Website please contact the JD Sports Store Development Team.

SYSTEM USE: If you choose to register on this site and in order for JD to authorise your access, you must provide Elecosoft with accurate and correct information about yourself. Access is personal to the account holder, and once registered you must not share your password with any Third Party or otherwise allow anyone to access your account. Shared or group email addresses must not be used. Any reference to 'Third Party' shall include all personnel associated to the account holder, including any employees, agents, consultants, and contractors of the account holder. JD and Elecosoft reserve the right to disable any user account at any time if we consider that you have failed to comply with any of the provisions of these Terms and Conditions. Where access is no longer required to the Website, you must notify JD and Elecosoft within 48 hours.

If an individual who does not yet have access to the Website requires access, they must contact the Elecosoft help desk at iconsystem.helpdesk@elecosoft.com to obtain authorisation.

ICONSYSTEM COOKIES AND THE EU COOKIE LAW (E-PRIVACY DIRECTIVE): A cookie is a small text file, typically of letters and numbers, downloaded on to a device when the user accesses certain websites. Cookies are useful because they allow a website to recognise a user’s device. If an IconSystem Website user checks the 'Remember Me' tick box on the Login page, or the 'Enable Auto Login' tick box on the My Settings > Preferences page, a cookie will be saved on the device that the user is accessing the Website from. This cookie is used for the SOLE purpose of letting the user automatically login, without the need for entering an email address / user name and password on each visit to the website. JD may monitor your use of the Website and your access of the materials and content to ensure your compliance with any instructions given by JD and your compliance with these Terms & Conditions.

THIRD PARTY LINKS: To provide increased value to users, Elecosoft or JD may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, to the extent that the website is not owned or operated by Elecosoft or JD, Elecosoft or JD is not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for::

• the privacy practices of such websites
• the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
• the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

INTELLECTUAL PROPERTY AND RIGHT TO USE: You acknowledge and agree that all Intellectual Property Rights in all materials or content uploaded to or supplied as part of the Website shall remain at all times vested in JD or Elecosoft or our relevant licensors. You are permitted to use this material and content only as expressly authorised by JD, Elecosoft or our licensors, and only to the extent necessary for the proper performance of your obligations to JD. Any other use of the materials and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, decompile, commercially exploit or create derivative works of such material or content. Any licence provided as a result of this provision shall be personal, worldwide, non-exclusive, and revocable.

Intellectual Property Rights means patents, petty patents, utility models, trade marks, design rights, applications for any of the foregoing, copyright, moral rights, database rights, semi-conductor topography rights, trade or business names, whether registrable or otherwise, (including applications for and the right to apply for registration of any such rights), and any similar rights in any country whether currently existing or created in the future, in each case for their full term, together with any renewals or extensions.

CONFIDENTIAL INFORMATION: Through using the Website, you will gain access to Confidential Information of JD and Elecosoft. Where you gain access or receive Confidential Information you shall keep that Confidential Information confidential and shall use that Confidential Information solely for the purpose of fulfilling your obligations to JD or Elecosoft (as the case may be). You must not disclose any Confidential Information, except where authorised by JD or Elecosoft to do so. The Confidential Information may not be disseminated, distributed, shared, downloaded, copied or accessed on non-secure, public devices.

You must, on request, or following suspension or termination of your access to the Website or relationship with JD, return or destroy any Confidential Information, unless prevented by Applicable Law.

You may disclose the Confidential Information where required by Applicable Law or order of the courts, or by applicable rules of any listing authority, or stock exchange on which your shares are listed, or regulatory governmental body to which you are subject or submit, wherever situated. Unless prevented by Applicable Law, you will notify JD of this disclosure in advance.

If through using this system you gain access to information not intended to be accessed by you, you agree that you will immediately notify JD and Elecosoft and lawfully destroy all copies of such information in your possession.

You shall indemnify, keep indemnified and hold harmless JD and Elecosoft from and against all costs, damages, demands, expenses, fines, liabilities, losses and penalties together with all reasonable legal expenses suffered or incurred by JD or Elecosoft as a result of any breach this provision as to Confidential Information.

Confidential Information means information in whatever form and wherever located relating to the business, customers, clients, suppliers, products, affairs and finances of JD or its group and Elecosoft and trade secrets including, without limitation, technical data and know-how relating to the business of JD or its group and Elecosoft, or any of JD or its group and Elecosoft suppliers, customers, clients, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that you create, develop, receive or obtain pursuant to your access of the Website, whether or not such information is marked confidential.

COMPLIANCE WITH LAWS: The Website, and any materials or content uploaded or supplied as part of the Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all Applicable Laws. Applicable Law shall mean all applicable laws, regulations, regulatory requirements, directives, orders and codes of practice in any jurisdiction, as amended and in force from time to time. For the avoidance of doubt, it is your responsibility to ensure that the material or content uploaded or supplied meets, without limitation, any local building codes & regulations and fire regulations, and that you obtain all necessary consents, licences and approvals required in the applicable local jurisdiction.

LIMITATION OF LIABILITY: Whilst Elecosoft will use reasonable endeavours to verify the accuracy of any information placed on the Website, it make no warranties, whether express or implied in relation to the accuracy of the information. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and Elecosoft make no warranties of any kind, whether express or implied, in relation to the Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, or conditions of completeness.

Elecosoft makes no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. Elecosoft will not be responsible or liable to you for any loss of material or content uploaded or transmitted through the Website. Elecosoft will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
  Nothing in the Conditions shall exclude or limit Elecosoft's liability for death or personal injury resulting from negligence or that of their servants, agents or employees.

JD excludes all implied conditions, warranties, representations or other terms that may apply to its materials or content uploaded. The materials and content is provided for guidance purposes only and JD does not warrant the accuracy of the content or material uploaded or that they will be free from defect, error or omissions. JD will not be responsible for any translation of the materials or content or any conversion of the units of measurement. JD will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Elecosoft Website or use of or reliance on any materials or content uploaded or supplied, or for any translation or unit conversion carried out by you or by someone else on your behalf.

In particular, JD will not be liable for, loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

JD 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 and for fraud or fraudulent misrepresentation.

NON EXCLUSIVE LICENCE TO USE THE WEBSITE: By accepting these Terms and Conditions Elecosoft grants you a non-transferable, non-exclusive licence to use this Website.

SYSTEM UPDATES: Elecosoft is constantly innovating, developing and enhancing its portfolio of solutions. You acknowledge and agree that Elecosoft's solutions will change from time to time without prior notice to you.

YOUR CONTENT SHARING: Where you are accessing the public areas of the Elecosoft Website, any file or information you send to the Elecosoft Website shall be considered non-confidential. You should not send any file or information to the Elecosoft Website that is in any way unlawful; and you must ensure that you have authority to publicly distribute any file or information you may be uploading. Elecosoft Reserves the right (but shall have no obligation) to review, modify or remove any file or information from the system. For the avoidance of doubt, you must not make JD Confidential Information accessible via the public areas of the Elecosoft Website or otherwise send Elecosoft any Confidential Information of JD.

SEVERANCE: If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Terms and Conditions.

WAIVER: No waiver by Elecosoft or JD shall be construed as a waiver of any proceeding or succeeding breach of any provision.

SURVIVAL: Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

ENTIRE AGREEMENT: These Terms and Conditions govern Elecosoft's relationship with you. You confirm that, in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Nothing in this Clause shall limit or exclude Elecosoft's liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms and Conditions.

VARIATION: Elecosoft and JD reserves the right to amend these Terms and Conditions at any time.

LAW: These Terms and Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

ANALYTICS TOOLS AND TECHNOLOGY: Elecosoft uses third party analytics tools to collect information concerning your and other users’ habits and use of the Product. The information collected may contain the following, without limitation: device identifier, operating system, location information, license key, customer identifier, Product session identifier, date and time spent on the Product, metrics and statistics, feature usage, and other similar information. The analytics tools and technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other Elecosoft Products and services with information collected from other third-party websites and services. Standing alone, this information is not personal data; however, if Elecosoft combines any of this information with personal data, Elecosoft will treat this information as personal data pursuant to our Privacy Policy.