These Terms govern your use of the OUP App (defined below).
1.1 Unless the context otherwise requires, these expressions shall have the following meanings.
“Intellectual Property Rights” mean all patents, rights to inventions, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database right, topography rights, moral rights, rights in confidential information (including knowhow and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Access Period” means the period agreed during which the OUP App is accessible by You.
“Application Store” means Apple App Store, Google Play or such other Application Store through which OUP releases the OUP App for download.
“OUP App” means the OUP application and any of its content that You have gained access to through the Application Store by (i) purchasing a subscription, (ii) purchasing a one-off purchase, and/or (iii) using access codes or coupons.
“OUP”, “we”, “us”, or “our” means or mean Oxford University Press, a department of the University of Oxford whose address is Great Clarendon Street, Oxford OX2 6DP.
“Personal Data” means information about an individual person that can identify that individual person (e.g. name, email address or age).
“You” means the buyer and/or authorised user of the OUP App.
1.2 All references to provisions of statutes include such provisions as amended, modified or re-enacted.
1.3 You must comply with the provisions of these Terms, and of any applicable third party terms, in the use of the OUP App, and shall be liable for any breach of these Terms.
2. LICENCE AND AGREEMENT
2.1 You shall be entitled to do the following on a non-exclusive, non-transferable basis during the Access Period: access and use, or permit your child to access and use, the OUP App on iOS and/or Android devices that You own or control, subject to (i) the Usage Rules set forth in the Application Store Terms of Service, and (ii) any use by other accounts associated with You that are authorised to access and use the OUP App.
2.2 You must not:
2.2.1 attempt to duplicate, modify, disclose or distribute any portion of the OUP App or the works contained in it; or
2.2.2 attempt to obtain, or assist others in obtaining access to the OUP App other than as provided under Clause 2.
2.3 You agree with us that these Terms are concluded between You and OUP, that OUP is responsible for the OUP App, and that the Application Store provider has the obligation to furnish any maintenance and support services with respect to the OUP App. You further agree with us that OUP is responsible for addressing any claims relating to the OUP App or its use.
3. ACCESSING THE OUP APP
3.1 You acknowledge that You will only be able to access the OUP App during relevant Access Period. Without prejudice to the foregoing, You must not:
3.1.1 systematically make printed or electronic copies of content and/or materials in any OUP App for any purpose in either print or electronic format;
3.1.2 remove or alter the copyright notices or other means of identification or disclaimers as they appear in any OUP App;
3.1.3 display or distribute any part of the OUP App on any electronic network, including without limitation the Internet, where access is possible by anyone not authorised to view the OUP App; and/or
3.1.4 permit anyone else to access or use any OUP App including any content and material making up the OUP App.
4. YOUR OBLIGATIONS
4.1 You are responsible for the selection of the OUP App you purchase and whether the OUP App meets your requirements.
4.2 You agree that You will promptly notify us of any errors or inaccuracies which relate to the OUP App. In this regards, please contact us using the contact details given.
4.3 Unless otherwise agreed in writing by OUP, You are solely responsible for configuring Your devices (hardware) in order to access the OUP App.
4.4 If we suspect that a breach of these terms has occurred or is likely to occur, we may, without giving notice and liability to You, suspend Your access to the OUP App.
4.5 You are solely responsible for the use of the OUP App by a minor under your supervision, and you warrant that you are at least 18 years of age or, if higher, the age of majority in your jurisdiction.
5. WITHDRAWAL OF PRODUCTS AND CHANGES TO SOFTWARE FUNCTIONALITY
5.1 We reserve the right at any time to withdraw an OUP App for any reason including:
5.1.1 if we no longer retain the right to publish the relevant material; or
5.1.2 if in our sole discretion, we believe that such material may infringe the Intellectual Property Rights of third parties or is defamatory, obscene, unlawful or otherwise objectionable.
In the circumstances above, we shall notify You of such withdrawal as far as reasonably practicable.
5.2 We reserve the right to add or remove functionality of the OUP App without giving any reasons and in these circumstances, we will notify You of such change as far as reasonably practicable.
6. DATA PROTECTION AND PRIVACY
6.1 In the course of Your accessing the OUP App, and our complying with our obligations to You, it may be necessary for You to provide to us and for us to collect and process Personal Data (e.g. email, IP address, device identifier) from You. If you provide any Personal Data of others, whether Authorised Users or not, you warrant that you have consent to share such Personal Data.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 You acknowledge that OUP and/or OUP’s partners own all Intellectual Property Rights in the OUP App and its content. Except as expressly stated in these Terms, OUP does not grant You any rights to or in any Intellectual Property Rights or any other rights or licences.
7.2 If You become aware of any Intellectual Property Rights infringement or potential Intellectual Property Rights infringement involving the OUP App, You must inform us promptly. We will:
7.2.1 in our absolute discretion, determine what action if any shall be taken in respect of the matter;
7.2.2 have sole control over and shall conduct any action as we deem necessary; and
7.2.3 pay all costs in connection with that action and we shall be entitled to all damages and other sums which may be paid or awarded as a result of any such action. You agree to (at our cost) provide us with any assistance which we may request.
7.3 All such actions will be the responsibility of OUP and not the Application Store provider.
8.1 We do not warrant that the use of the OUP App will be uninterrupted or error-free. We may also carry out scheduled maintenance from time to time.
8.2 In the event that the OUP App does not provide the services specified in the OUP App description (and where such failure is not due to Your failure to comply with these Terms or any technical issue on Your side), You may contact the Application Store provider for a refund of the purchase price of the OUP App. The Application Store provider has no other warranty obligation whatsoever with respect to the OUP App.
8.3 Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the OUP App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
9.1 This Clause 9 sets out the entire financial liability of OUP (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to You including those arising from breach of contract, use made by You of the OUP App, and representation, statement or tortious act or omission (including negligence) arising under or in connection with Your use of the OUP App.
9.2 Nothing in these Terms excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
9.3 OUP’s Liability to You:
9.3.1 Subject to clause 9.2, if we fail to comply with these Terms, we are responsible for any loss or damage You suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
9.3.2 You agree that we only make available the OUP App for domestic and private use. You agree not to use the OUP App for any commercial, business or re-sale purposes, and we have no liability to You for:
18.104.22.168 any loss of profit (whether direct or indirect);
22.214.171.124 any loss of business (whether direct or indirect);
126.96.36.199 any business interruption (whether direct or indirect);
188.8.131.52 any loss arising from viruses, Trojans or other harmful elements being introduced into Your device, computer or network (whether direct or indirect);
184.108.40.206 any loss of business opportunity (whether direct or indirect); and/or
220.127.116.11 any indirect, consequential or special loss.
10. TERM AND TERMINATION
10.1 You agree that the access to the OUP App shall expire at the end of the Access Period.
11. EFFECT OF TERMINATION
11.1 On expiry or termination of Your right to use the OUP App for any reason and subject to any express provisions set out elsewhere in these Terms, all rights and access granted to You to use the OUP App under these Terms shall cease.
11.2 The accrued rights and liabilities of You and OUP as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
12. FORCE MAJEURE
We will have no liability to You if we are prevented from, or are delayed in performing our obligations due to any circumstances and/or reasons which are outside of our control. These circumstances and reasons include strikes, lock-outs or other industrial disputes (whether involving the workforce of OUP or any other party), failure of a utility service, web hosting service, third party application, or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, sanctions, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors and/or non-performance of any services by OUP’s suppliers, banks or subcontractors.
13.1 Unless these Terms prescribe a specific manner in which notice should be given, all notices to be given under these Terms shall be in writing and shall either be delivered personally or sent by courier and shall be deemed duly served:
13.1.1 in the case of a notice delivered personally, at the time the same is left at the address of, or handed to a representative of, the party to be served; and
13.1.2 in the case of courier, two clear business days after the date of dispatch.
13.2 If you wish to contact us in relation to the OUP App, please email us on firstname.lastname@example.org
14. GENERAL PROVISIONS
14.1 These Terms constitute the whole agreement between OUP and You and supersede all previous agreements between OUP and You relating to Your use of the OUP App. Nothing in these Terms shall limit or exclude any liability for fraud.
14.2 We may amend these Terms from time to time. Any changes will be posted on this page.
14.3 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.
14.4 If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
14.5 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the intention of the parties.
14.6 You acknowledge and agree that the Application Store Provider, and their subsidiaries, are third party beneficiaries of these Terms, and that, upon Your acceptance of these Terms, Application Store provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England. You agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and/or Your use of the OUP App.