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OxfordOwl

Little Oxford Terms and Conditions

 

Last updated: 17 July 2023

 

PLEASE READ THESE LITTLE OXFORD LICENCE TERMS CAREFULLY

BY USING THE LITTLE OXFORD APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE LITTLE OXFORD APP.

 

Who we are and what this agreement does

We, Oxford University Press of Great Clarendon Street, Oxford OX2 6DP (OUP or we), license you to use the Little Oxford mobile application software together with the content we provide to you through it (App) and any updates or supplements to the App as permitted in these terms.

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice at https://global.oup.com/privacy and it is important that you read that information.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or have any problems using it, please take a look at our support resources at home.oxfordowl.co.uk/little-oxford.

Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please contact our customer service team by completing a support request using the support form at https://inceptionxr.atlassian.net/servicedesk/customer/portal/3

How we will communicate with you. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto up to three smart phones or compatible devices and view, use and display the App on such devices for your personal purposes only; and
  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 to accept these terms and buy the App

You must be 18 or over to accept these terms and buy the App. 

You may not transfer the App to someone else

We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If we change these terms, we will post the revised terms on our website at http://home.oxfordowl.co.uk/little-oxford/terms-and-conditions. By continuing to use the App, you agree to be bound by such changes.

We encourage you to review these terms from time to time and note the effective date of any revised version of these terms.

Update to the App

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We are not responsible for other websites you link to

The App and App support pages may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

Acceptable use restrictions

You must:

  • not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App;
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  • not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

Intellectual property rights, licence and trade marks

All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use the App in accordance with these terms.    

Subject to your agreement and compliance with these terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope licence to use the App solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the App or any part thereof is determined to be illegal under the laws of the country in which you reside, you shall not be granted any licence to use the App, and must refrain from using the App.

All trade marks, service marks and logos on the App, unless otherwise noted, are wholly owned or validly licensed by OUP. Trade marks, service marks and logos owned by third parties remain the property of such third parties,

Platform Terms

By downloading or accessing the App from a third party platform, service provider or distributor (Platform Provider) your use of the App is also governed by usage rules which the Platform Provider may have established and which relate to your use of the App (Usage Rules). Certain Usage Rules are described in these terms but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between these terms and the terms of any applicable Usage Rules which relate solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We 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 or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App. The App is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the app store site) meets your requirements.

We are not responsible for events outside our control. If our provision of or support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

We may end your rights to use the App if you break these terms

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

  • You must stop all activities authorised by these terms, including your use of the App.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under these terms.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

If a court finds part of these terms illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these terms, we can still enforce it later

Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to these terms and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.