This mobile application (the “App”) is made available by The Preptrack Foundation, a charity registered in England and Wales with registration number 1190908 and registered address Unit 50345, PO Box 6945, London, England W1A 6US ("we," “us,” “our,” “Preptrack,” “The Preptrack Foundation,” and “The Foundation”).
You, the user of the App, confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be read alongside our Privacy Policy.
1. App and Related Terms
1.1. Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
1.2. We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
2. Use of the App
2.1. Our App is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
2.2. You acknowledge that your agreement with your mobile network provider ("Mobile Provider") will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device (as defined in paragraph 3 below) being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
2.3. You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.
2.4. By registering with us, you agree to ensure that: (a) any information you give to or enter into the App is accurate; and (b) you will take reasonable steps to keep your information confidential.
2.5. If you download 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 App Terms, whether or not you own the Device.
3. License
3.1. The Preptrack own or have the right to use all intellectual property rights used for the provision of the App, including rights in copyright, patents, database rights, trademarks and other intellectual property rights.
3.2. The Preptrack Foundation hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device ("Device") as permitted by the applicable Platform Terms and in accordance with these App Terms ("User Licence"). All other rights in the App are reserved by The Preptrack Foundation.
3.3. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
3.4. In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
3.5. If your User Licence is cancelled: (a) your access to the App will stop. You should delete the App from your Device(s); (b) any personal data we hold about you will be dealt with in accordance with our data retention policy, which is set out in our privacy policy; and (c) all rights granted to you under these App Terms shall automatically cease without further notice, save for any statutory rights.
4. License Restrictions
4.1. You agree that you will:
(a) 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;
(b) 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;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them 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; and
(d) 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 (the “Permitted Objective”), and provided that the information obtained by you during such activities:
(i) 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;
(ii) is not used to create any software that is substantially similar in its expression to the App;
(iii) is kept secure;
(iv) is used only for the Permitted Objective; and
(v) comply with all technology control or export laws that apply to the technology used by the App.
5. Acceptable Use Restrictions
5.1. You must not:
(a) use the App in any unlawful or unauthorised manner, for any unlawful purpose, or in any manner inconsistent with these App 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;
(b) infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
(c) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
(e) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(f) not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
6. Intellectual Property
The Preptrack name and logo, and other The Preptrack Foundation trademarks, service marks, graphics and logos used in connection with the App are trademarks of The Preptrack Foundation (collectively “Preptrack Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Preptrack Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of The Preptrack Foundation or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to The Preptrack Foundation and its licensors.
7. Indemnification
You shall indemnify The Preptrack Foundation against all liabilities, costs, expenses, damages and losses suffered by The Preptrack Foundation for any breach of these App Terms, save to the extent a claim under this indemnity results from The Preptrack Foundation’s negligence or willful misconduct. The Preptrack Foundation reserves the right to control the defence and settlement of any third party claim for which you indemnify The Preptrack Foundation under these App Terms and you will assist us in exercising such rights.
8. No Promises
8.1. Although we make reasonable efforts to provide, maintain and update the App it is provided “as is” and, to the extent permitted by law, we make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose), that the App or any particular services you access through the App (a) are accurate, complete or up-to-date; (b) will meet your particular requirements or needs; or (c) will always be available, error free, uninterrupted or free of viruses.
8.2. We are not responsible for external links to or from the App and cannot guarantee these will always work.
8.3. To the fullest extent permitted by applicable law, The Preptrack Foundation hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with the App will be successfully, accurately or securely transmitted.
9. Reliance on Information
9.1. The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.
9.2. THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE.
9.3. The App may link to external websites where deemed relevant or useful. You agree that The Preptrack Foundation cannot be held responsible for pages maintained by external providers.
10. Exclusion of The Preptrack Foundation’s Liability
10.1. Nothing in these App Terms shall exclude or in any way limit The Preptrack Foundation’s 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.
10.2. 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.
10.3. The App may contain links to third-party websites which are not provided by us. Such independent sites 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 independent sites, including the purchase and use of any products or services accessible through them.
10.4. We may not be able to provide the App if it is affected by events outside our control. We are not responsible to you if this happens, but if it does, we will notify you as soon as reasonably practicable and take the steps that we reasonably can to minimise the interruption.
10.5. To the fullest extent permitted under applicable law, in no event shall The Preptrack Foundation be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
10.6. The Preptrack Foundation shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
10.7. In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall The Preptrack Foundation’s liability arising under or in connection with these App Terms and your use of the App exceed £50.
11. General
11.1. We may transfer our rights and obligations under these App Terms to another organisation, but we will always notify you in writing if this happens, and this will not affect your rights under these App Terms.
11.2. You may not transfer the App to someone else. If you sell any device on which the App installed, you must remove the App from it.
11.3. These App Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
11.4. If we fail to enforce any of our rights, that does not result in a waiver of that right.
11.5. If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.6. These App Terms and any non-contractual obligations arising out of or in connection with it is governed by and construed according to English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
Contact Us
If you have any questions regarding our App, you can email us info@preptrack.co.uk.
Changes to this policy
The terms of these App Terms may change from time to time. You should check these App Terms frequently to see recent changes. Your continued use of the App will be an acknowledgement of our updated App Terms.