The present Terms and Conditions of use (hereinafter the “Terms and Conditions”) regulate the access, browsing and use of the Inditex LEAP&Co application (hereinafter “LEAP&Co”).

ITX MERKEN, B.V., a Dutch company with registered address in Amsterdam, Nieuwezijds Voorburgwal 307, 1012 RM, and tax identification number NL 855820627B01 (hereinafter “INDITEX”), offers store employees of the Inditex Group in the countries listed below the possibility to access their relevant training plan, record the milestones that are reached, evaluate these contents and submit them to the subsequent validation of their manager.

1. Terms and Conditions and acceptance 

1.1 The access, browsing and use of LEAP&Co is the sole responsibility of the user (hereinafter the “User/s”) under the terms laid out in the present Terms and Conditions.

1.2 The use of LEAP&Co is subject to the present Terms and Conditions. The User should read and accept the present Terms and Conditions before downloading the LEAP&Co Application from the market and its consequent use, on completion of the registration process. In the event that the User does not accept the Terms and Conditions, please do not use LEAP&Co.

1.3 The use of LEAP&Co is reserved for employees of the Inditex Group, residents of the following countries: France and United Kingdom.

1. Functioning of LEAP&Co

2.1 LEAP&Co is a corporate app which enables Users to access their relevant training plan, record the milestones that are reached, evaluate these contents and submit them to the subsequent validation of their leap manager, actions which have been carried out manually until the implementation of LEAP&Co, which aims to digitalize the existing procedures.

2.2 In particular, Users can directly enter their training plan, along with their related documentation.

2.3 Users can start the exercises, in which they can see their specific related documentation.

2.4 At the end of each block, Users can save the information.

2.5 Additionally, at the end of each exercise, they can send the final result and thus each leap manager will receive a notification.

2.6 Users can access all leap itineraries, job description and storytelling.

2.7 Notifications are automatically generated by different milestones or by messages from leap managers.

2.8 LEAP&Co automatically incorporates all appointments and deadlines generated by the training plan.

2.9 LEAP&Co also incorporates a private area, with basic users’ data, their position and the possibility to upload a picture.

2.10 There is also the possibility of adding the contact information of the leap managers and sending direct notifications to them.

2.11 Users will also find information on their evolution within LEAP&Co, their personal itinerary, their skills management, assessments and, where appropriate, development days.

1. Access and use of LEAP&Co: use of passwords

3.1 In order to access and use LEAP&Co, it is necessary to subscribe to or register on the Application as a user.

3.2 During the registration process and subsequent User authentication, an exchange of credentials will take place to certify the trustworthiness of the application to which the User is accessing. Once a secure relationship has been established, the application may access certain User information.

3.3 The User data obtained with the subscription or registration on LEAP&Co are protected by passwords selected by the Users.

3.4 The Users, on accepting the present Terms and Conditions, in relation to the registration and maintenance of the security of their accounts, undertake to:

• Not provide false personal information, or create an account for other people without their authorisation.
• Not to create more than one personal account.
• If INDITEX disables a user account, the User shall not create another account without the consent of INDITEX.
• Maintain the contact information exact and up-to-date.
• Not to share the password, or let another person access their account, or carry out actions that may endanger the security of the account.
• Not to transfer the account to anyone without the prior written consent of INDITEX.
• If a User selects a user name or identifier similar to another for their account, INDITEX reserves the right to delete it or recall it as they consider appropriate.

1. Legal Age

The access to and use of LEAP&Co is reserved for adults over the age of 18 years or those who reached the minimum legal working age, should it be lower. By accepting these Terms and Conditions, the User declares that he/she is over 18 years old or has, at least, the minimum age required to work and, in any case, to use LEAP&Co and accepts full responsibility for this declaration.

1. Modification of the Terms and Conditions

INDITEX expressly reserves the right to modify these Terms and Conditions without prior warning. The User recognises and accepts that it is their responsibility to review LEAP&Co and these Terms and Conditions. The continued use by the User of LEAP&Co after said modifications shall be considered as recognition of the modifications to the Terms and Conditions and the User will be legally bound to the new Terms and Conditions.

1. Correct use of LEAP&Co and restrictions of use

6.1. The User undertakes to use LEAP&Co in accordance with the Law, the present Terms and Conditions, good customs and public order. Similarly, the User is obliged not to use LEAP&Co, its content or the services provided through the same for purposes or effects that are illegal or contrary to the contents of these Terms and Conditions, harmful to the interests or rights of third parties, or that in any way may harm, render useless or deteriorate LEAP&Co, its content or its services, or prevent normal enjoyment of the same by other Users.

6.2 LEAP&Co allows Users to share photos and other content in the corresponding sections of the mobile application (for example, “My account”). The User guarantees that: (i) the content provided does not contain the image of a third party other than the User, without the consent of the third party or parties in question; (ii) they will not display or share the photos of minors, except in the case that the corresponding content was submitted by the father, mother, guardian or legal representative of the minor; (iii) the contents do not violate the rights (including, by way of example, intellectual property rights, industrial property rights, the right to self-image or personal intimacy, or any other rights) or third-party interests, or any applicable standard or regulation (international, Spanish or any other); (iv) the content shall not contain any element which may be considered offensive or discriminatory (whether for reasons of race, religion, gender, sexual orientation, political or trade union affiliation), illegal, threatening, libelous, defamatory, obscene, pornographic or indecent, or any other inappropriate mode towards any third party, any of the brands of the Inditex Group or the Inditex Group itself.

6.3 In addition, the User expressly undertakes not to destroy, alter, render useless or, in any other way, damage the data, programs or electronic documents found on LEAP&Co.

6.4 The User undertakes not to obstruct the access of other Users to LEAP&Co as a result of the over consumption of the computer resources through which INDITEX makes the Game available, or to carry out any actions that damage, interrupt or generate errors in these systems.

6.5 The User undertakes not to introduce programs, virus, macros, applets, ActiveX controls or any other logical device or character sequence that causes or is likely to cause an alteration to the INDITEX or third party computer systems.

6.6 The usage of LEAP&Co must be carried out during non-working hours without disturbing the normal course of business of Inditex Group nor interfere with the duties of the Users. The use of LEAP&Co shall not be considered under any circumstance paid time.

6.7 The User acknowledges that the use of LEAP&Co does not entail any right to a promotion, benefit or change in his/her functions, job position, salary level or any other of his/her conditions and that said usage will not alter the employment relationship between the User and its employer.

1. Limitation of guarantees and liabilities

7.1 The User expressly accepts that the use made of LEAP&Co is on their own account and at their own risk.

7.2 INDITEX does not accept liability, except for those points to which they are obliged by the Law, for any irregularities that may be contained in the contents created, published, provided and/or made available by the Users, or for any damage that may be incurred due to the insertion of the contents in the sections permitted of the application. INDITEX does not accept responsibility for content submitted by the Users when they have not been duly informed that the information stored is illicit or that it harms the property or rights of a third party susceptible to compensation. As soon as INDITEX is duly informed that they are storing data such as that described above, they undertake to exercise due diligence to remove said data or prevent access to the same.

7.3. INDITEX undertakes to employ their best efforts to guarantee the quality of LEAP&Co and to prevent any errors in the contents and functioning of LEAP&Co. In any case, INDITEX will be exempt of any liability derived from error in the content that may appear in LEAP&Co, and from any operating anomaly beyond their control.

7.4 INDITEX reserves the right to interrupt LEAP&Co for technical repairs and maintenance of the equipment, and for the improvement of the application.

7.5 INDITEX reserves the right to block and/or expel Users who do not use LEAP&Co correctly. Failing to comply with the Terms and Conditions or any other applicable regulations entitles INDITEX to implement any measures and/or sanctions which may be deemed accurate according to applicable law.

7.6 INDITEX is exempt from all liability in the event of the incorrect functioning of the electronic communication networks which prevent the normal development of LEAP&Co for reasons outside the control of INDITEX, and in particular for external malicious acts.

7.7 Nor is INDITEX liable for problems in the transmission or loss of data attributable to INDITEX.

7.8 In any case, all rights that the current applicable Laws guarantee to Users shall be guaranteed.

1. Intellectual and Industrial Property

INDITEX is the ownwer of LEAP&Co.

The contents included in LEAP&Co are the property of INDITEX, other companies belonging to the Inditex Group or third parties who have authorized their use in LEAP&Co.

Users are permitted to access and use LEAP&Co and its content solely and exclusively for personal and non-commercial ends.

All rights on LEAP&Co and the afore-mentioned content are reserved.

1. Policy regarding hypertext links

9.1. INDITEX does not accept responsibility for any content, commercial activity, products or services included or which can be viewed via electronic links, directly or indirectly, through LEAP&Co.

9.2. The presence of links in LEAP&Co, unless expressly stated otherwise, is merely for the purposes of information and in no event implies suggestion, invitation or recommendation of the same. These links do not represent any type of relation between INDITEX and the individuals or companies who own the websites which are accessible via these links. INDITEX reserves the right to unilaterally remove the links displayed on LEAP&Co at any moment.

1. Data protection and Privacy

The information regarding Data Protection and Privacy is available to the User under Privacy Policy.

1. Applicable jurisdiction and law

All the questions underwritten between INDITEX and the User relating to the interpretation, compliance and validity of the Terms and Conditions are governed by their own clauses and, where these are not established therein, in accordance with Spanish legislation, the parties expressly submitting to the jurisdiction of the Courts of the User’s registered address.