Terms and Conditions and Consent Policy (Web App)
1. General
now>press>play is a UK-based education social enterprise that brings the curriculum to life through immersive audio Experiences for children and is part of Now Press Play LIMITED (“NPP”), a company registered in England (No.08031358), whose registered office is at:
Now Press Play
Oxford House,
2nd Floor, Room S6 & S7
Derbyshire Street,
London, E2 6HG
This NPP Web-Based App is offered to you either as a free user, by NPP, or as an authorised user, by your School or educational facility through their subscription agreement with NPP for the purpose of accessing the immersive educational Experiences. By installing the NPP Web-Based App, you agree to be bound by these terms of use. Please review them carefully before acceptance. If you do not agree with these terms and conditions then you should not use the NPP Web-Based App.
2. Definitions
The ‘NPP Web-Based App’ shall mean the software provided by NPP to offer the NPP immersive audio Experiences to be used online, and any upgrades from time to time and any other software or documentation which enables the use of the NPP Web-Based App.
3. Conditions of use
3.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the NPP Web-Based App or, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the NPP Web-Based App.
3.2. The NPP Web-Based App is currently made available to you for non-commercial use. NPP reserves the right to amend or withdraw the NPP Web-Based App, at any time and for any reason.
4. Availability
4.1. This NPP Web-Based App is available online. NPP will use reasonable efforts to make the NPP Web-Based App available at all times. However, you acknowledge the NPP Web-Based App is provided over the internet and mobile networks and so the quality and availability of the NPP Web-Based App may be affected by factors outside NPP’s reasonable control.
4.2. NPP does not accept any responsibility whatsoever for unavailability of the NPP Web-Based App, or any difficulty or inability to download or access content or any other communication system failure which may result in the NPP Web-Based App being unavailable.
5. Personal Information and Privacy
In order for us to provide some of the services in the NPP Web-Based App we will need to collect information from you. By using these services or providing us with information you consent to the collection, use and transfer of your information under the terms of our data protection policy which can found here https://nowpressplay.co.uk/privacy-policy/
6. Intellectual Property Rights and Licence
6.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the NPP Web-Based App together with the underlying software code are owned either directly by NPP or by NPP’s licensors.
6.2. NPP hereby grants you a non-exclusive, royalty-free revocable licence to use the NPP Web-Based App for your non-commercial use in connection with the use of the NPP services and in accordance with these terms and conditions.
7. Termination for authorised users
7.1. NPP may terminate use of the NPP Web-Based App at any time by giving notice of termination to you or your School.
7.2. Upon any termination:
(a) the rights and licenses granted to you herein shall terminate; and
(b) you must cease all use of the software.
8. Limitation of Liability
8.1. In no event will NPP be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the NPP Web-Based App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
8.2. NPP is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the NPP Web-Based App.
8.3. Nothing in these terms and conditions shall exclude or limit NPP’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
9. Disclaimer of Warranties
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, NPP hereby disclaims all implied warranties with regard to the NPP Web-Based App. The NPP Web-Based App and software are provided “as is” and “as available” without warranty of any kind.
10. Third Party Licences
Here are a list of the Third Party licenses this application and supporting services use:
MixPanel, Alamofire, AWS, Hubspot, Picasso, Volley, AndroidPDFViewer, WordPress, WP Offload Media,.
11. Governing Law
These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).