CAMBRIDGE UNIVERSITY PRESS
CONFIDENT TERMS OF USE

Agreement to use our Platform / App

The purpose of these Terms of Use is to set out how you may access, use and enjoy the content and services made available by Cambridge University Press India Private Limited (referred to in this policy as “we, “us” or “our”) on our platform at https://emconfident.com (“Platform”) and / or our app Cambridge Capable (for use on Apple iOS and Android OS mobile devices) (“App”).

These Terms of Use together with our Privacy Notice https://emconfident.com/privacy_policy.php (collectively the “Terms”) and our End User Licence Agreement ("EULA"), govern your use of and explain the terms on which the Press provides you with access to our Platform / App.

Please read these Terms carefully before using or registering to use our 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 the Terms. Please note that these Terms are supplemental to the EULA https://emconfident.com/EULA.php of this Platform / App. If you do not agree to these Terms, please do not use or access (or continue to use or access) the Platform / App. You are responsible for bringing these Terms 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.

Accessing our Services and our Content

The content is only available to those who have been permitted, by us, to access it. The use of this content is made available on the terms of our EULA.

Please note that the usage terms, purchase terms, and privacy policies of Our various products and services within the Platform / App or linked to the Platform / App may be subject to more specific terms and policies. Please check those terms and policies frequently to determine the terms applicable to such products and services. If there is a conflict between those more specific terms and conditions and these Terms, then the more specific terms and conditions will apply.

Changes to these Terms

We may revise these Terms at any time by amending this page.

Please check this page from time to time as any such changes are binding on you. Your continued use of our Platform / App shall be deemed to constitute your acknowledgement of any such changes.

General Disclaimer

We may update our Platform / App from time to time, and may change the content at any time. All content on our Platform / App is provided for general information only.

Although we make reasonable efforts to update the information on our Platform / App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform / App is accurate, complete, up-to-date or free from errors or omissions. We do not guarantee that our Platform / App will be secure or free from bugs or viruses.

The App is available to handheld mobile devices running Apple iOS and Android Operating Systems. We will use reasonable efforts to make the Platform / App available at all times. However, you acknowledge the Platform / App is provided over the internet and mobile networks and so the quality and availability of the Platform / App may be affected by factors outside our reasonable control.

We do not guarantee that our Platform / App, or any part of it, will always be available or be uninterrupted. Access to our Platform / App is permitted on a temporary and as is basis. We may suspend, withdraw, discontinue or change all or any part of our Platform / App without notice. We will not be liable to you if for any reason our Platform / App is unavailable at any time or for any period.

Privacy Notice

If you supply personal details to us through this Platform / App then you consent to us maintaining, recording and using such personal data in accordance with our Privacy Notice. https://emconfident.com/privacy_policy.php

Your Account

Where you have registered on our Platform and have been provided with username and password, you agree to keep confidential your logins, username and/or password, and to be responsible for any loss or damage resulting from use of your password by a third party.

If there has been disclosure of your username and/or password, you should reset your password. Details on how to do this can be found on the Page at: https://emconfident.com

We have the right to suspend or terminate access to our Platform / App at any time, if in our reasonable opinion you have failed to comply with, or are in breach of, any of the provisions of these Terms.

Use of the Platform by Minors

The use of our Platform / App by minors (below the age of eighteen (18) years of age) is subject to the consent of their parent or guardian.

We advise parents who permit their children to use the Platform / App that it is important that they communicate with their children about their safety online. Minors who are using the Platform / App should be made aware of the potential risks to them and of their obligation to comply with these Terms.

Permitted Uses

You may use the Platform / App only for lawful purposes.

If you access any part of our Platform / App you agree that you will not use the Platform / App:

  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  3. for the purpose of harming or attempting to harm minors in any way;
  4. in such a way that disrupts, interferes with or restricts the use of the Platform / App by other users;
  5. to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam');
  6. to transmit knowingly any data, or send or upload any material, that contains viruses, trojans, worms or any other computer code, programs or files designed to destroy, interrupt or limit the functionality of any computer, computer software or hardware or telecommunications equipment;
  7. to gain unauthorised access to our Platform / App, the server on which our Platform / App is stored or any server, computer or database connected to our Platform / App.

You must ensure that any materials uploaded, displayed or transmitted by you through or to the Platform / App are not false, offensive, defamatory, threatening, obscene or unlawful and do not breach or infringe the rights of any person anywhere in the world.

Uploading Content to our Platform / App

Whenever you make use of a feature that allows you to upload content to our Platform / App, or to make contact with other users of our Platform / App, you must comply with the 'Permitted Uses' set out above.

Any content you upload to our Platform / App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a perpetual, irrevocable, assignable, royalty free and global licence to use, operate, store, copy, modify and sub-licence that content and to distribute and make it available to third parties. You waive any moral rights in respect of any such content unless stated otherwise in these Terms or any other Cambridge Platform specific terms of use.

We have the right to remove any posting you make on our Platform / App if, in our opinion, your post does not comply with these Terms.

Messages Boards

Some of the pages of the Platform / content in the App may contain message boards, bulletin boards, chat pages or other forums in which users are able to post messages for viewing by others. We do not edit or monitor the content of any such pages and, subject to what is said below, do not have any knowledge of any of the activities or information carried on in, or contained within, such pages.

If you become aware that any posted material on those pages or any activities carried out on those pages are offensive, unlawful or infringe any third party rights in any way please send an appropriately worded message to us by email using this address: digitalsupport@cambridge.org. We shall then act expeditiously to remove any such material or to disable access to the information.

Intellectual Property Rights

We are the owner or licensee of the intellectual property rights in our Platform / App and in the content, materials and logos published on it. The content is protected by copyright laws and treaties around the world. All such rights are reserved.

All content in the form published on our Platform / App is copyright © Cambridge University Press or published by us under licence from the copyright holder.

Except where it is otherwise indicated as acceptable on the Platform / App, you may not reproduce, modify, adapt, post, transmit, copy, make available or distribute or otherwise use any of the content on this Platform / App without either our prior written permission or that of the owner of the relevant intellectual property rights. Any use made of such content may be an infringement of rights in that content and we reserve all rights to enforce such rights.

You may read, view, (where permitted) print and listen to and download the contents of an individual page for private and personal non-commercial use only provided that all copyright, trade mark and other proprietary notices contained in the materials on any copy of these materials is retained, but (where permitted) you may not make more than one copy electronically or otherwise of any of the contents and you may not recopy or further distribute, sell, publish or transmit any part of the material by electronic or any other means. You agree not to sell, resell, supply or otherwise make the content contained on the Platform / App or extracts or other information derived therefrom available in any manner or on any media to any third party without our prior written consent.

Limitation of Our Liability

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use our Platform / App or use of or reliance on any content displayed on our Platform / App.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform / App or any content on it, whether express or implied.

However, nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

Linking to Our Platform / App

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Platform / App other than that set out above, please contact digitalsupport@cambridge.org.

Third Party Links

Where our Platform / App contains links to other websites and resources provided by third parties, these links are provided for your information only.

We have no control over and do not endorse the contents of those websites or resources.

Trade Marks

"Cambridge", "Cambridge University Press" and other names of products or services are registered trade marks in certain countries worldwide. No use of these or any other trade marks may be made except for the purpose of referring to the Press or its associated brands lawfully and in good faith only.

Applicable Law

These Terms, any contract that incorporates them, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their formation are 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 these Terms (including non-contractual disputes or claims).

Contact Us

In the event of any comments or questions concerning these Terms, 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