Terms of Use Logicarix — Version 5.3
Logicarix Virtual Reality Equipment
These Terms of Use (“Terms”) are issued by LOGICARIX Ltd, a private limited company incorporated under the laws of England and Wales under company number 17140907, with registered office at 182-184 High Street North, East Ham, London, E6 2JA, United Kingdom (“Logicarix”).
Logicarix is a company specialising in the provision and management of virtual reality (VR) equipment intended for educational, entertainment and research purposes, as well as in the collection and exploitation, in compliance with applicable regulations, of usage data generated by such equipment.
Logicarix carries out its activity for the benefit of end users either directly or in the context of partnerships with third-party organisations (training providers, businesses, institutions). In this latter case, the User is identified to Logicarix by the partner and benefits from the provision of the equipment under the terms of the agreement signed by the User upon delivery of the equipment.
These Terms govern the conditions of use of the virtual reality equipment provided by Logicarix in the framework of partnerships with training providers, for the benefit of their learners.
These Terms supplement the Provision Agreement (also referred to as the “Tripartite Agreement”) signed by the User, of which they form an accessory document. In the event of conflict between the Tripartite Agreement and these Terms, the Tripartite Agreement prevails.
These Terms aim to define:
These Terms apply to any User who has signed a Tripartite Agreement with Logicarix, for the entire duration of the Provision Period and, where applicable, beyond that period for expiry-related operations.
They apply to the exclusion of any other terms, including those issued or communicated by a Training Provider, save where expressly accepted in writing by Logicarix.
These Terms apply to all equipment provided by Logicarix, regardless of its model, generation, commercial reference or origin, insofar as it falls within the VR equipment range (headsets, controllers, associated accessories and related software content).
Capitalised terms used in these Terms have the following meaning:
“Equipment” means the virtual reality headset provided by Logicarix to the User under the Tripartite Agreement, as identified on page 1 of that agreement, together with the accessories supplied with it (controllers, cables, straps, manual).
“Substituted Equipment” means equipment acquired by the User at their own expense at the collection point, as a substitute for the Equipment provided by Logicarix, under the conditions set out in Article 14.
“Tripartite Agreement” means the equipment provision agreement signed between Logicarix and the User, with informative reference to the Training Provider. This document may also be entitled “VR Headset Receipt Authorisation” or any equivalent document supplied by Logicarix.
“Usage Data” means technical and statistical information relating to the use of the Equipment and associated VR platforms, collected by Logicarix in accordance with the purposes set out in Article 18 and under the conditions of the Tripartite Agreement.
“Pricing Schedule” means the document published by Logicarix setting out the acquisition prices of the Equipment upon expiry of the Provision Period, available at https://logicarix.com/docs/buyout-pricing-training-en.
“Training Provider” (or “Partner Organisation”) means the training organisation partnered with Logicarix through which the User is undertaking their educational programme. More broadly, any third party (training provider, business or institution) having entered into a partnership agreement with Logicarix for the provision of Equipment to its beneficiaries, customers, learners or members.
“Provision Period” means the period of twenty-four (24) months during which the User benefits from the use of the Equipment, running from the date of effective receipt of the Equipment by the User.
“Collection Point” means a retail outlet or logistics point designated by Logicarix and chosen by the User from the list of approved logistics partners, where the Equipment is delivered for collection by the User.
“User” means the natural person, of legal age, having signed a Tripartite Agreement, beneficiary of the provision of the Equipment.
These Terms are issued by:
Logicarix is not a training provider and does not deliver training. Logicarix exclusively acts as a provider of VR Equipment and associated services.
These Terms are binding on the User from the date of signature of the Tripartite Agreement, in the version in force at the date of such signature.
Signature of the Tripartite Agreement by the User constitutes full and unconditional acceptance of these Terms, which the User acknowledges having had the opportunity to consult prior to signature.
These Terms are accessible at all times at the address indicated in the Tripartite Agreement. It is the User’s responsibility to consult them regularly, particularly before any operation relating to the expiry of the Provision Period.
Logicarix reserves the right to refuse provision of Equipment to any person whose Tripartite Agreement has not been validly signed, or whose information provided proves inaccurate, incomplete or fraudulent.
The provision of Equipment is reserved to any natural person:
Logicarix reserves the right to verify compliance with these conditions at any time and to suspend or terminate the provision in case of established non-compliance.
The Equipment is provided to the User on a loan-for-use basis, for the purposes of their training programme with the Training Provider, during the Provision Period.
The provision of the Equipment by Logicarix to the User is governed by these Terms and by the Tripartite Agreement. It does not constitute a sale, a finance lease or a transfer of ownership in favour of the User during the Provision Period.
The Equipment remains the exclusive property of Logicarix throughout the Provision Period. The User undertakes to recognise such ownership and not to claim any property right over the Equipment prior to the occurrence of any formal transfer governed by Articles 20 and 21.
During the Provision Period, the User does not bear any rent or direct payment to Logicarix for the provision of the Equipment. The costs related to the provision are borne by the Training Provider that introduced the User, under the agreement between that Training Provider and Logicarix.
The Equipment is delivered exclusively by deposit at a Collection Point designated by the User from the list of approved logistics partners. No home delivery is provided by Logicarix, save for duly justified exceptions accepted in writing by Logicarix.
The User expresses their preference for a Collection Point at the time of signature of the Tripartite Agreement. Logicarix arranges for the Equipment to be sent to the Collection Point so designated, subject to its availability and applicable logistical constraints.
As soon as the Equipment is available at the Collection Point, Logicarix or its logistics partner notifies the Training Provider, which relays the information to the User by email or SMS, together with the retrieval reference and necessary information. The User then generally has a period of fourteen (14) days, variable depending on the Collection Point, to retrieve the Equipment upon presentation of identification and the retrieval reference.
The Training Provider, as the User’s primary point of contact for routine matters, is the preferred contact for any question relating to availability, logistics tracking and practical retrieval arrangements. Logicarix communicates directly with the User on matters falling within its own contractual responsibility (right of withdrawal, data processing, expiry of the provision, complaints under these Terms).
The User is invited, at the time of retrieval, to inspect the integrity of the packaging and the apparent condition of the Equipment. Any visible anomaly must be reported without delay to the Collection Point and to Logicarix. In the absence of reservations made within seventy-two (72) hours following retrieval, the Equipment is deemed to have been delivered in apparent good condition.
If the Equipment is not retrieved within the time limit set by the Collection Point, the Equipment is returned to Logicarix. In such event, Logicarix may, at its discretion:
The Provision Period starts on the date of effective retrieval, as confirmed by the logistics partner. No other date (date of order, date of preparation) may be taken into account.
The Provision Period starts to run from the date of effective retrieval of the Equipment by the User at the Collection Point. Its duration is set at twenty-four (24) months, in accordance with the Tripartite Agreement signed by the User.
Throughout the Provision Period, the User benefits from a personal, non-exclusive and non-transferable right of use of the Equipment.
Logicarix may, at its discretion and upon simple written notice, grant an extension of the Provision Period, in particular in the event of specific circumstances relating to the User or to the use of the Equipment. Such extension, if granted, is without effect on the other provisions of these Terms.
In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the User, acting as a consumer, has a period of fourteen (14) calendar days from the date of retrieval of the Equipment at the Collection Point to exercise their right of withdrawal, without having to give reasons or to bear any costs other than those provided for by law.
To exercise this right, the User must notify Logicarix of their decision to withdraw by email to support@logicarix.com, indicating their full contact details and the reference of the Tripartite Agreement. A standard withdrawal form is available on request.
In the event of withdrawal, the User undertakes to return the Equipment in its original packaging, in the condition in which it was received, within a maximum period of fourteen (14) days following notification of withdrawal. Return costs are borne by Logicarix to the extent the User uses the return label provided for that purpose.
Logicarix reserves the right to hold the User liable for any depreciation of the Equipment resulting from handling other than that necessary to verify its nature and characteristics.
The Equipment is provided for the strictly personal use of the User in the context of their training programme. The User expressly undertakes, throughout the Provision Period, not:
The User undertakes to use the Equipment in accordance with its intended purpose and the manufacturer’s instructions, in adequate hygiene and cleanliness conditions. The User shall store the Equipment in an appropriate environment, sheltered from impact, excessive humidity and extreme temperatures.
The User undertakes not to modify, dismantle, repair, jailbreak, flash or alter in any way the Equipment, its software or its accessories. Any attempt to modify the Equipment may engage the User’s liability and constitute grounds for early termination.
The User undertakes to comply with the general terms of use applicable to VR services and platforms associated with the Equipment (in particular those of the headset publisher and of the publishers of content used). Logicarix shall not be held responsible for any breach by the User of those third-party terms.
The User specifically undertakes not to:
The User undertakes to inform the Training Provider and Logicarix without delay of any change of address, email or telephone number that may affect the monitoring of the provision. The Training Provider relays such information to Logicarix.
In the absence of communication of such information within a reasonable period, Logicarix is deemed released from any notification obligation based on the contact details previously communicated. Any communication sent to the address indicated in the Tripartite Agreement is deemed validly served.
The User is solely responsible for the Equipment from the date of retrieval at the Collection Point until eventual return or transfer of ownership. The User assumes the safekeeping, routine maintenance and security of the Equipment. The User is liable for any damage, loss, theft, destruction or non-compliant use affecting the Equipment, except in cases of pre-existing hidden defect or malfunction inherent in the Equipment itself.
In the event of loss, theft, breakage, breakdown or any other incident affecting the Equipment, the User undertakes to inform Logicarix as soon as possible, and in any event within a maximum period of seven (7) calendar days following the occurrence of the incident, by email to support@logicarix.com. The User may also inform the Training Provider, which relays the information to Logicarix.
In the event of theft, the User must file a report with the competent authorities and provide Logicarix with a copy of the receipt or theft report. In the event of a major incident (fire, water damage, etc.), the User shall provide the corresponding supporting documents in the same way.
Save where otherwise agreed with a Training Provider, neither Logicarix nor the Training Provider is required to replace, repair or refund the Equipment in case of breakdown, loss, theft, breakage, deterioration or any other cause attributable to the User. The Equipment is provided on a loan-for-use basis, without any replacement guarantee on the part of Logicarix.
Where damage to the Equipment results from non-compliant use, established negligence, lack of maintenance, unauthorised modification or any wilful act of the User, Logicarix reserves the right to invoice the User for all or part of the replacement value of the Equipment, up to one hundred per cent (100%) of the new value of the relevant model, plus, where applicable, administrative handling and logistics costs incurred.
The amount invoiced is determined by Logicarix according to a schedule communicated to the User prior to any invoicing, taking into account the nature and severity of the damage, the age of the Equipment, and the actual replacement or repair costs. The valuation criteria are set out in the Pricing Schedule.
The User has fifteen (15) calendar days to challenge the invoice, failing which the invoice is deemed accepted and becomes due.
Logicarix provides the User with an email-based support service at support@logicarix.com. This service responds to common technical questions concerning use of the Equipment, within reasonable limits.
Logicarix does not undertake any physical repair of the equipment, replacement of parts, or on-site intervention. Routine maintenance operations (cleaning, software updates issued by the manufacturer) are the User’s responsibility.
At the time of retrieval at the partner collection point, the User may choose to acquire equipment of higher value or different characteristics, at their own expense, in addition to the Equipment provided by Logicarix.
Substitution is strictly limited to a model belonging to the same brand and the same software ecosystem as the Equipment originally provided by Logicarix. This restriction is intended to ensure continuity of access to the educational content approved by the Training Provider.
Any substitution by equipment of another brand or another software ecosystem is not recognised by Logicarix. The equipment so substituted is deemed not to have been provided, and Logicarix’s obligations cease as of the date of retrieval.
The price difference relating to the Substituted Equipment is paid directly by the User to the collection point. No financial flow takes place between the User and Logicarix in connection with such substitution. The financial contribution made by the User remains their full and exclusive property, without consideration or compensation from Logicarix.
Upon expiry of the Provision Period, the arrangements applicable to the equipment actually held by the User are determined on the basis of the Equipment originally provided by Logicarix, as identified in the Tripartite Agreement, and not on the basis of the Substituted Equipment.
The User must be in a position to provide, on simple request from Logicarix, the price-difference invoice issued in their name by the collection point. Failing this, Logicarix reserves the right to apply the expiry arrangements on the basis of the equipment actually held and observed at the time of the condition assessment.
Logicarix undertakes to provide the User with Equipment in normal working order on the date of retrieval, conforming to the description in the Tripartite Agreement, and to ensure reasonable logistics monitoring of the provision.
Logicarix’s liability is, to the fullest extent permitted by law, limited to direct damages resulting from a culpable breach by Logicarix of its obligations hereunder. Save in cases of gross or wilful misconduct, Logicarix shall not be held liable for:
In any event, and subject to mandatory consumer protection laws, Logicarix’s total cumulative financial liability under these Terms and the Tripartite Agreement is capped at an amount equal to the new retail value of the Equipment concerned by the dispute, on the date of provision.
These limitations do not apply to mandatory obligations under applicable consumer law, including the User’s statutory rights under the UK Consumer Rights Act 2015, where applicable.
Where the User is a consumer residing in the United Kingdom, they benefit from the statutory rights provided for by the Consumer Rights Act 2015, including the right to goods that are of satisfactory quality, fit for purpose and as described. These rights apply in addition to any contractual remedies provided for in these Terms.
To assert these rights, the User may submit their request to Logicarix by email to support@logicarix.com, specifying the subject of the request and attaching any document useful for its examination.
In accordance with the provisions of the Tripartite Agreement, the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (PECR), Logicarix is authorised to send the User, throughout the Provision Period:
The User may, at any time, object to commercial communications by clicking the unsubscribe link in each email or by writing to support@logicarix.com. Withdrawal of consent to marketing communications has no effect on the provision of the Equipment.
Technical communications essential to the proper use and security of the Equipment may, however, continue even after withdrawal of consent to marketing communications.
The personal data processing arrangements relating to the User are set out in Article 3 of the Tripartite Agreement, to which express reference is made. This article recalls, for information purposes, the main elements of the applicable regime.
Logicarix, represented by its legal representative, acts as data controller within the meaning of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
The categories of personal data collected in the framework of the provision of the Equipment are the following:
In accordance with the Tripartite Agreement, processing is based on three distinct legal grounds:
The recipients of the data are:
Data is retained for the following periods:
In accordance with the UK GDPR and the Data Protection Act 2018, the User has the following rights:
To exercise these rights, the User shall send their request by email to support@logicarix.com, together with a copy of an identification document. Logicarix responds to the request within a maximum period of one (1) month, extendable by two (2) months in case of complex request.
The User has the right to lodge a complaint with the Information Commissioner’s Office (ICO) in the United Kingdom, where they consider that the processing of their data constitutes a breach of applicable regulations.
The Equipment is provided by Logicarix on a basis that does not entail any transfer of intellectual property rights to the User. Trade marks, logos, software, applications, designs and content present on or accessible through the Equipment remain the property of their respective owners (Logicarix, Equipment manufacturer, third-party platform publishers, etc.).
The User undertakes not to undertake any reproduction, representation, broadcasting, extraction, commercial exploitation or infringement of intellectual property rights on the Equipment and associated content, save for strictly personal and non-commercial uses authorised.
The arrangements applicable upon expiry of the Provision Period are based on the following principles:
Upon expiry of the Provision Period, and following the assessment provided for in Article 22, Logicarix determines the applicable option from among the following options, without this list being exhaustive:
As the expiry of the Provision Period approaches, Logicarix notifies the User by email to the address indicated in the Tripartite Agreement. This notification specifies the procedure to be followed for the assessment of the condition of the Equipment and the option selected under Article 21.
The assessment of the condition of the Equipment is based on a file submitted by the User, the constitution of which is intentionally streamlined for ease of completion:
The file is submitted exclusively via the dedicated online platform made available by Logicarix, the address of which is communicated in the notification provided for in Article 22.1.
The detailed procedure, the assessment criteria and the precise specifications of the photographs requested are set out in the Pricing Schedule.
Logicarix communicates the result of the assessment to the User within a reasonable period after receipt of the complete file. In the event of disagreement on the assessment, the User may submit a reasoned complaint by email to support@logicarix.com. Logicarix then reviews the file and communicates its final decision.
The User is required to keep their contact details up to date with Logicarix. Any communication sent to the address indicated in the Tripartite Agreement is deemed validly served.
In the event of prolonged absence of response by the User, and after at least one written reminder, Logicarix may, at its discretion, consider the file as closed. The practical closing arrangements are set out in the Pricing Schedule.
The Pricing Schedule is published by Logicarix at https://logicarix.com/docs/buyout-pricing-training-en. It is accessible at all times and includes the history of successive versions.
The Pricing Schedule defines in particular:
The User benefits, between the Pricing Schedule in force at the date of signature of their Tripartite Agreement and the one in force at the date of assessment of the condition of the Equipment, from whichever is most favourable to them.
This clause guarantees the User that any subsequent pricing change cannot operate to their detriment.
Logicarix may terminate the provision automatically, without notice or compensation, in the following cases:
In the event of early termination at Logicarix’s initiative, the User must return the Equipment within fifteen (15) calendar days of the termination notice, in accordance with the arrangements communicated by Logicarix, at their expense.
The User may at any time terminate the provision by returning the Equipment to Logicarix, through any means enabling proof of return. Voluntary return does not give rise to any reimbursement or compensation.
Neither party shall be held liable for any breach of its obligations resulting from a force majeure event under English law, namely an unforeseeable, unavoidable and external event, including, without limitation: natural disasters, fires, wars, acts of terrorism, decisions of public authorities, pandemics, general strikes, or major failures of telecommunications or energy networks.
In such case, the obligations affected by force majeure are suspended for the duration of the event, it being specified that the affected party undertakes to inform the other party as soon as possible and to take all reasonable steps to limit the effects of force majeure.
If force majeure persists for more than three (3) months, either party may terminate the provision without compensation, by simple written notice.
Logicarix reserves the right to amend these Terms at any time, in particular to reflect changes in its activities, offer, market practices or applicable regulatory framework.
Any amendment takes effect from publication at the address of these Terms. The User is deemed informed by such publication, the page being accessible at all times. The history of successive versions is preserved and accessible at the address indicated at the beginning of this document.
Continued use of the Equipment beyond a period of thirty (30) days following publication of a new version of these Terms constitutes tacit acceptance of the changes by the User.
In accordance with Principle 4 of Article 20, no subsequent change to these Terms may worsen the User’s position compared with the version in force at the date of signature of their Tripartite Agreement.
In the event of disagreement with the published changes, the User may request to continue benefiting from the version of the Terms in force at the date of signature of their Tripartite Agreement, by written request to support@logicarix.com.
If any provision of these Terms is declared null, inapplicable or unenforceable by a court decision having force of res judicata, the other provisions retain their full force and effect, save where the affected provision is essential and decisive of the parties’ consent.
These Terms, the Tripartite Agreement, the Pricing Schedule and any document expressly referenced therein constitute the entire agreement between Logicarix and the User regarding the provision of the Equipment. They prevail over any prior exchange, proposal or agreement on the same subject.
These Terms are governed by English law.
As a consumer residing in the United Kingdom, the User benefits from the mandatory provisions of UK consumer law, which continue to apply regardless of the choice of governing law. This concerns in particular:
In the event of a dispute relating to the interpretation, performance or validity of these Terms, the parties shall endeavour to seek an amicable solution before any contentious action. To that end, the User is invited to submit their complaint by email to support@logicarix.com, specifying the subject of the dispute and the elements useful for its understanding.
Logicarix undertakes to acknowledge receipt of the complaint within seven (7) working days and to provide a reasoned response within a maximum period of thirty (30) days, subject to the complexity of the file.
If the User is dissatisfied with Logicarix’s response, the User may seek free guidance from Citizens Advice (citizensadvice.org.uk) or, where applicable, refer the dispute to a certified Alternative Dispute Resolution (ADR) provider in accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Where applicable, the ADR provider designated by Logicarix is indicated on its website.
Failing amicable resolution under the conditions set out in Article 29, any dispute relating to these Terms falls within the exclusive jurisdiction of the English courts, sitting in London.
The parties shall always favour dialogue before any contentious action.
Any question, complaint or request relating to these Terms or to the provision of the Equipment may be addressed to Logicarix as follows:
Logicarix undertakes to respond to any request as soon as possible, and in any event in accordance with applicable consumer law and UK GDPR provisions.
These Terms, together with the Tripartite Agreement and the Pricing Schedule, constitute the entire agreement between Logicarix and the User regarding the provision of the Equipment.
The fact that Logicarix does not, at any given time, rely on any provision of these Terms shall not be construed as a waiver of its right to do so subsequently.
The User may not, without the prior written consent of Logicarix, assign or transfer their rights or obligations under these Terms to a third party. Logicarix may freely assign or transfer the benefit of these Terms to any affiliated company or successor.
Save where otherwise specified, all notices exchanged between the parties under these Terms are validly given by email to the addresses indicated in the Tripartite Agreement.
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