Terms and Conditions and Consent Policy

1. General
now>press>play is a UK-based education social enterprise that brings the curriculum to life though immersive audio Experiences for primary school children and is part of Now Press Play LIMITED (“NPP”), a company registered in England (No.08031358), whose registered office is at:
NCC Space
Block D Hackney Community College
Falkirk Street
London
N1 6HQ

This NPP App is offered to you, the authorised user, by your School or educational facility through their subscription agreement with NPP for the purpose of accessing the immersive educational Experiences supported by mobile phones, tablets and hardware. By installing the NPP App, you agree to be bound by these terms of use. Please review them carefully before installation and acceptance. If you do not agree with these terms and conditions then you should uninstall the NPP App and no longer use it.

2. Definitions

The ‘NPP App’ shall mean the software provided by NPP to offer the NPP immersive audio Experiences to be used on Apple iOS and Android devices, and any upgrades from time to time and any other software or documentation which enables the use of the NPP 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 App or, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the NPP App.

3.2. The NPP App is currently made available to you for non-commercial use. NPP reserves the right to amend or withdraw the NPP App, at any time and for any reason.

3.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the NPP App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the NPP App or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the NPP App, you will be assumed to have received permission from the bill payer for using the NPP App.

4. Availability

4.1. This NPP App is available to mobile tablet and phone devices running Apple iOS, Android OS. NPP will use reasonable efforts to make the NPP App available at all times. However, you acknowledge the NPP App is provided over the internet and mobile networks and so the quality and availability of the NPP 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 App, or any difficulty or inability to download or access content or any other communication system failure which may result in the NPP App being unavailable.

5. System Requirements

5.1. In order to use the NPP App, you are required to have a compatible tablet device or mobile telephone, internet access, and the necessary minimum specifications (‘Software Requirements’).

5.2. The Software Requirements are as follows: Apple iOS 12.0 and above, Android 6.0 and above. Chromebook devices, although running the Android operating system, are not officially supported.

5.3. The version of the NPP App software may be upgraded from time to time to add support for new functions and services. This may result in changes to the necessary minimum specifications (‘Software Requirements’).

6. Personal Information and Privacy

In order for us to provide some of the services in the NPP 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/

7. Intellectual Property Rights and Licence

7.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the NPP App together with the underlying software code are owned either directly by NPP or by NPP’s licensors.

7.2. NPP hereby grants you a non-exclusive, royalty-free revocable licence to use the NPP App for your non-commercial use in connection with the use of the NPP services and in accordance with these terms and conditions.

8. Termination

8.1. NPP may terminate use of the NPP App at any time by giving notice of termination to you or your School.

8.2. Upon any termination:

(a) the rights and licenses granted to you herein shall terminate; and

(b) you must cease all use of the software.

9. Limitation of Liability

9.1. 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 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.

9.2. 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 App.

9.3. 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.

10. 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 App. The NPP App and software are provided “as is” and “as available” without warranty of any kind.

11. Third Party Licences
Here are a list of the Third Party licenses this application and supporting services use:
Google Firebase, Google Analytics, Alamofire, AWS, Picasso, Volley, AndroidPDFViewer, WordPress, WP Offload Media

12. 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)