PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY APP, ACCESSING THE PLATFORM AND/OR ANY CONTENT FROM REVISION BUDDIES
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Revision Buddies Ltd. of 324 Kilburn Lane, London W9 3EF (Licensor, us or we) relating to:
The Revision Buddies learning platform which includes the Revision Buddies website and other access methods or media selected by us from time to time including the mobile application software (App) and any content made available through the Revision Buddies services (together the Platform).
We license use of the Platform to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App or any content to you. We remain the owners of all intellectual property rights relating to the Platform, the App and its content at all times.
If you are under 18, you must get your parent or guardian to consent to you accessing the Platform, downloading and/or using an App and/or any content.
If you are a parent or guardian and you provide consent for your child to access the Platform, download an App and/or any content, you agree to be bound by these terms in respect of your child’s actions.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND CONTENT TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW.
You should print a copy of this EULA for future reference.
Schools, other educational institutions or groups which purchase rights to use the Platform for their students are responsible for their students’ access to and use of the Platform, the Apps and all content. Where parents or other individuals purchase rights to use the Platform for children, they will be responsible for those children’s access to and use of the Platform, the Apps and content. Where rights to use the Platform are purchased by schools, other educational institutions or groups, parents or other individuals for access and use by students and/ or children, such purchasers shall be referred to as Authorised Supervisory Users.
All information that you provide to us in connection with use of the Platform, the Apps and the content must be correct and not misleading.
IT IS AGREED as follows:
- The terms of this EULA apply to the Platform or any of the services accessible through the Platform (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
- We may change these terms at any time by notifying you of a change when you next start the App or access the Platform. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App, Platform or content.
- From time to time updates to the Platform may be issued. Depending on the update, you may not be able to use the Platform or Services until you have downloaded or streamed the latest version of an App or the Platform and accepted any new terms.
- You will be assumed to have obtained permission from the owners of the device you use to access the Platform or Apps that are controlled, but not owned, by you and described in condition 2.2.1 (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Platform, Apps or any Service on or in relation to any Device, whether or not it is owned by you.
- By using the Platform, Apps, Content or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- The Platform, Apps or any Service may contain links to other independent third-party websites or services (Third-party Sites or Services). Third-party Sites or Services are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites or Services, including the purchase and use of any products or services accessible through them.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
- You may:
- download the Apps onto Devices with which they are compatible to view, use and display the Platform and Apps on the Devices for your personal purposes only.
- Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the Platform, Apps or any associated content except where such copying is incidental to normal use of the Platform or App, or where it is necessary for the purpose of back-up or operational security;
- not to allow third parties (except where access rights have been purchased on behalf of those third parties in accordance with clause 10.2) to access the Platform or Apps;
- not to make alterations to, or modifications of, the whole or any part of the Platform, Apps or assocated content, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform, Apps or Content, or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform and/or the Apps with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the App or Platform with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the App or Platform;
- to keep all copies of the Platform, Apps and associated content secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Platform and Apps;
- to include our (or our licensor’s) copyright notice on all entire and partial copies you make of the App on any medium;
- not to provide or otherwise make available the Platform, Apps or associated content in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform, Apps or any Service (Technology),
together Licence Restrictions.
- You must:
- not use the Platform, App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, Apps, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Platform, Apps, or any Service (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform, Apps or any Service;
- not use the Platform, Apps or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together Acceptable Use Restrictions.
- You acknowledge that all intellectual property rights in the Platform, Apps and the Technology anywhere in the world belong to us or our licensors, that rights in the Platform and Apps and associated content are licensed (not sold) to you, and that you have no rights in, or to, the Platform, Apps, associated content or the Technology other than the right to use each of them in accordance with the terms of this EULA and where applicable charges have been paid.
- You acknowledge that you have no right to have access to the Platform or Apps in source-code form.
- The Content is provided for personal use only (or where Authorised Supervisory Users purchase rights to use the Content for students and/or children, it is provided for the students and/or children’s use only). You are responsible for assessing that the Platform and the Apps are suitable for your individual purposes and circumstances (or where Authorised Supervisory Users purchase rights to use the Apps for students and/or children, they will be responsible for assessing that the Platform, the Apps and associated content are suitable for the students and/or children’s individual purposes and circumstances).
- The provision of the Platform and the Apps does not constitute advice and should not be relied upon in making (or refraining from making) any decision. We use reasonable care to make sure that the information in the content of our Platform is accurate and up to date. However, in relation to all content, in view of the possibility of human error and/or changes in syllabus requirement, neither we nor our licensors warrant that the information contained in the Apps and Platform is in every respect accurate, complete or up to date and we are not responsible for any errors or omissions or the results obtained from the use of such information. You are encouraged to verify the accuracy of the information contained in the App and Platform with other sources and where the content provides for which geographical territory it is intended, you should verify that the information contained in the content is suitable for or applicable to the geographical territory in which you are situated or for which you wish to use such information. Subject to clause 7.2, neither we nor our licensors shall be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting from use of or inability to use or access the Platform, the Apps and/or the associated content.
- We do not warrant that you will always be able to use or access the Platform and/or the Apps.
- We do not warrant that the provision of the Platform or the Apps complies with the laws of any country apart from England.
- The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by law. This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- You acknowledge that the Platform and App have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform and Apps meet your requirements.
- You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Subject to clause 7.4, you understand that we shall have no liability to you for your use of the Platform and/or Apps. We also accept no liability arising from any communications made by those using the Platform and the Apps. We will not be responsible as author, editor or publisher of any user generated material submitted to the Platform. We expressly exclude all liability for any loss or damage arising from user generated material which is in contravention of this EULA and you agree to indemnify us from any liability that we may incur as a result. We reserve the right to remove or disable access to any user generated material submitted to the Platform without liability which we deem to be potentially in contravention of this EULA. Subject to clause 7.4 and the remaining provisions of this EULA, if we are found liable to you our liability shall not in any event exceed the total fee paid by you or on your behalf to us for the Platform and/or App in question the subject of the liability. Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
- We will not be liable if we are unable to perform our obligations under these terms and conditions due to any circumstances beyond our reasonable control.
- You agree that given the nature of the Platform and the Apps, the exclusions and limitations of liability are reasonable.
- We may terminate this EULA and/or suspend access to the Platform and/or Apps immediately:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable);
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
- if we consider it necessary to protect the integrity or security of the systems used by us at any time.
- On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of the Platform and/or Apps and any Services;
- you must immediately delete or remove the Apps and any associated content from all Devices, and immediately destroy all copies of the App and associated content then in your possession, custody or control and certify to us that you have done so;
- we may remotely access the Devices and remove the Apps and any associated content from all of them and cease providing you with access to the Platform and our Services
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at email@example.com or by post to Revision Buddies Ltd. at 324 Kilburn lane, London W9 3EF. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us for that purpose.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to an individual student or students provided that:
- in so doing the scope of the user rights that have been purchased are not exceeded; and
- you remain liable for the use by such individuals to whom you transfer rights
- Authorised Supervisory Users may purchase user rights on behalf of an identified number of individual students or on behalf of others provided that in each case only that number of individuals for whom rights have been purchased are allowed to access the Platform and/or the Apps and then only to the extent rights have been paid for. Rights are not otherwise transferable.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.