CAMBRIDGE UNIVERSITY PRESS
END USER LICENCE AGREEMENT

This is a legal agreement between You and Cambridge University Press India Private Limited ("the Licensor") relating to the Platform / App.

By accessing or using our Platform / App, You confirm that you have read, understood, agree to be legally bound by and to comply with this Licence Agreement (“the Agreement”). Please note that this Agreement is supplemental to the Terms of Use https://emconfident.com/terms.php of this Platform / App. If you do not agree to this Agreement, please do not use or access (or continue to use or access) the Platform / App. You are responsible for bringing this Agreement to the attention of anyone who may read material on this Platform / App as a result of your access to it.

If you are below the age of eighteen (18) years of age, please obtain the permission of your parent or guardian before using our Platform / App.

  1. DEFINITIONS

     

    a. Account: means an Authorised User account on the Platform / App;

    b. Activate: means registering your Account on the Platform / App;

    c. Administrator(s): individual(s) authorised by the Institution to administer Student Access and Trainer Access to the Product via the Platform / App on behalf of the Institution;

    d. Administrator Access: means the access Administrators are permitted on the Platform / App as further set out in Section 6;

    e. App: means English Mate – Confident provided by the Licensor for use on Apple iOS and Android OS mobile devices;

    f. Authorised Users: means an Individual or a Student, Trainer or Administrator of an Institution who is authorised to access the Platform;

    g. Licensor, Cambridge, We, Us, Our: means Cambridge University Press India Private Limited;

    h. Individual: means an Individual who is not a Student, Trainer or Administrator of an Institution and who is authorised to access the Platform / App

    i. Individual Access: means the access Individuals are permitted on the Platform / App as further set out in Section 3;

    j. Institution: means HT Learning Centers Limited which provides access to the Platform / App to its Students, Trainers and Administrators;

    k. Licence: as set out in Section 2 of this Agreement;

    l. Product: the online / offline product which an Authorised User has been granted access to;

    m. Platform: means the website at https://emconfident.com, access to which is provided by the Licensor;

    n. Student(s): means a student of the Institution;

    o. Trainer(s): means a trainer of the Institution;

    p. Student Access: means the access Students are permitted on the Platform / App as further set out in Section 4;

    q. Trainer Access: means the access trainers are permitted on the Platform / App as further set out in Section 5;

    r. You / Your: means an Authorised User of the Platform.

     

  2. Limited Licence

     

    a. You or Your Institution have been granted access to the Product and in return Cambridge agrees to grant You the non-exclusive and non-transferable right to use the Product by using the Platform / App for the purposes of:

      i. teaching, student assessment, group management, and private study if you are a Trainer;
      ii. private study if you are a Student; or
      iii. administering Trainer and Student Accounts, reporting and subscription access control if you are an Administrator; or
      iv. private study if you are an Individual.

    b. You are purchasing only the right to use the Platform / App and are acquiring no rights, express or implied, to it other than the rights granted in this limited Licence.

    c. You may use the Platform / App for Your own not-for-profit educational use only.

    d. The Licensor grants You a licence to install and use the App on a single personal device only.

    e. You shall not: (i) copy or authorise copying of the App, (ii) translate the App, (iii) reverse-engineer, alter, adapt, disassemble, or decompile the App, (iv) transfer, sell, lease, profit from, assign, or otherwise convey all or any portion of the App, or (v) operate the App from a mainframe system, except as provided in this Agreement.

     

  3. Individual Rights

     

    As an Individual, subject to other sections within the Agreement and the Terms of Use https://emconfident.com/terms.php, you may:

    a. access, search and view the Product and Platform / App; and

    b. join a group, contingent on additional access rights conferred upon you by the Institution Administrator or Trainer.

     

  4. Student Rights

     

    As a Student, subject to other sections within the Agreement and the Terms of Use https://emconfident.com/terms.php, you may:

    a. access, search and view the Product and Platform / App; and

    b. view progress results.

     

  5. Trainer Rights

     

    As a Trainer, subject to other sections within the Agreement and the Terms of Use https://emconfident.com/terms.php, you may:

    a. access, search and view the Product and Platform / App;

    b. interact with Students, use collaboration tools, and view progress results;

    c. create groups in the Platform / App for groups of Authorised Users; and

    d. use the Product on an electronic or interactive whiteboard, for educational, non-commercial teaching purposes, personal use and / or internal circulation within the Institution only, provided that no trade mark, copyright or other proprietary notices contained in or appearing on such Product are removed in whole or in part.

     

  6. Administrator Rights

     

    As an Administrator, subject to other sections within the Agreement and the Terms of Use https://emconfident.com/terms.php, you may:

    a. access the Product in accordance with Section 7;

    b. manage Student and Trainer accounts and access rights;

    c. troubleshoot any issues relating to access by a Student or Trainer to the Product via the Platform / App; and

    d. view the Platform / App as a Trainer in accordance with the usage rights set out in Section 5.

     

  7. ACCESS TO THE PLATFORM

     

    a. In the event You are accessing the Product as an Administrator the terms of this Section 7(a) will apply. Administrator Access to the Platform / App is granted as follows:

      i. The Institution will contact Us and an Administrator will be registered for access to this Platform / App.
      ii. Access will be via username and password which will be sent via e-mail to the e-mail account communicated in writing by the Institution for this purpose.
      iii. Administrators are entirely liable for all activities conducted through an Account, and are responsible for ensuring Authorised Users are aware of the terms of this Agreement and comply with this Agreement.

    b. In the event You are accessing the Product as a Trainer the terms of this Section 7(b) will apply. Trainer Access to the Product is granted via username and password provided by an Administrator;

    c. In the event You are accessing the Product as a Student the terms of this Section 7(c) will apply. Access to the Product is granted via username and password provided by an Administrator;

    d. In the event You are accessing the Product as an Individual, the terms of this Section 7(d) will apply. Individual Access to the Product is granted by self-registration with an Access Code provided to You by Us. You are entirely liable for all activities conducted through Your Account, and are responsible for ensuring that You comply with this Agreement.

    e. Whilst We will try Our best to make sure the Platform / App, and any content on it, will be available or be uninterrupted, We will not be liable to You if for any reason the Platform / App is unavailable at any time or for any period. Periods of planned downtime will be notified to all users in advance.

    f. You are responsible for making all arrangements necessary for You to have access to the Platform / App.

     

  8. Administrator Rights

     

    As an Administrator, subject to other sections within the Agreement and the Terms of Use https://emconfident.com/terms.php, you may:

    a. access the Product in accordance with Section 7;

    b. manage Student and Trainer accounts and access rights;

    c. troubleshoot any issues relating to access by a Student or Trainer to the Product via the Platform / App; and

    d. view the Platform / App as a Trainer in accordance with the usage rights set out in Section 5.

     

  9. Account Access

     

    a. You must keep Your username, password, Access Code or any other piece of information used as a part of Our security procedures as confidential. You must not disclose it to any third party.

    b. We have the right to disable any username or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of this Agreement.

    c. If You know or suspect that anyone other than You knows Your username and password, You should reset your password.

    '

     

  10. Intellectual Property Rights

     

    a. All of the intellectual property rights subsisting in the Platform / App and its original content (including without limitation all text, images and ancillary materials provided in or with the Platform / App) ("the Original Content") are and shall remain owned by the Licensor (or are used under licence by the Licensor).

    b. You may not copy the Platform / App. You may not alter, remove, or destroy any copyright notice or other material placed on or with the Platform / App.

    c. You may not download or embed on to Your device, server or institutional system any third party content (including without limitation video clips and photographs) from our Platform / App under any circumstances and, by agreeing to the terms of this Agreement, You understand and acknowledge that You are prohibited from so extracting any third party content from the Platform / App and that to do so would be a material breach of this Agreement by You.

     

  11. Modifications and Adaptations

     

    The Platform / App’s functionality may permit You to modify, adapt, supplement, and / or save certain parts of the Original Content. You acknowledge that any modifications, adaptations, and supplementations created by You (collectively called "Your Content") are not the work of the Licensor even though they may contain elements of Original Content. Your Content is Your sole responsibility. The Licensor does not guarantee the accuracy, quality, or integrity of Your Content.

     

  12. Importing Content

     

    a. The Platform / App’s functionality may permit You to import content or material ("Imported Material"). You acknowledge that all such Imported Material is Your sole responsibility. Any Imported Material is posted without the knowledge of the Licensor.

    b. The Licensor shall have no liability to You or to another person / institution for any damage, loss, cost, claim, or expense suffered by You or by any other person / institution arising directly or indirectly from the posting of such Imported Material and the use made of it by You or any other person / institution.

    c. You undertake not to use the importing facility to:

      i. post advertising or promotional materials or transmit any "junk mail", "spam," or "chain letters," or any other form of solicitation for goods or services;
      ii. post any material that You do not have the right to post under any law or under any other obligatory relationship;
      iii. post any material that infringes any intellectual property rights including without limitation patent, trademark, trade secret, copyright, or other proprietary rights of any other person;
      iv. post any material that is defamatory, libellous, unlawful, threatening, or harmful, abusive, harassing, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or unlawful;
      v. import any Imported Material that contains software viruses or any other computer code; files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
      vi. promote or provide instructional information about illegal activities; physical harm or injury against any group or individual; and / or
      vii. engage in any commercial activities.

     

  13. Liability and Indemnification

     

    a. The Platform / App is provided "as-is" with no warranty or guarantee as to its suitability for any particular purpose or that it will be error-free. To the extent permitted by applicable law, the Licensor is not liable for costs of procurement of substitute products, or for any indirect or consequential losses, and in the case of direct losses the Licensor's total aggregate liability shall be limited to the amount actually paid by You for the Product.

    b. You accept that the Licensor is not responsible for the persistency, accuracy, or availability of any URLs of external or third-party internet websites referred to in the Platform / App and does not guarantee that any content on such websites is, or will remain, accurate, appropriate, or available. The Licensor shall not be liable for any content made available from any websites and URLs outside the Platform / App.

    c. Where, through Your use of Your Content or any Imported Material, or through Your use of the Platform / App outside the scope of the use permitted by these terms and conditions, You infringe or are alleged to infringe the intellectual property rights of any third party, You undertake to indemnify and keep indemnified the Licensor from and against any loss, cost, damage, or expense (including, without limitation, damages paid to a third party and any reasonable legal costs) incurred by the Licensor as a result of such infringement or alleged infringement.

     

  14. Termination

     

    a. Your Licence shall terminate at the end of a period of one (1) year from the activation of this Licence, unless terminated earlier by the Licensor under Section 13(b). For all Authorised Users this Licence shall commence / activate on the date the Authorised User first Activates the Account.

    b. Notwithstanding anything contained in this Agreement, the Licensor may terminate Your licence to use the Platform / App if You fail to comply with these terms and conditions. In such event, You must destroy all copies of the Platform / App.

     

  15. Governing Law

     

    These terms and conditions and their subject matter shall be governed by the laws of India, and We and You irrevocably submit to the exclusive jurisdiction of the courts at New Delhi, India to settle any dispute or claim arising out of or in connection with this Agreement (including non-contractual disputes or claims).

     

  16. Other terms may apply

     

    In addition to this Agreement, the way in which You can use the Platform / App may also be controlled by the third party server’s / app store’s own rules and policies which You should consult.

     

  17. Contact Us

     

    In the event of any comments or questions concerning this Agreement, please contact us by e-mail at digitalsupport@cambridge.org or by writing to Cambridge University Press India Private Limited.

Thank you for visiting our Platform / App.
Last Updated: July 2019