Orthopaedic Research Institute Website and Mobile Application End-User Licence Agreement
PLEASE READ THESE TERMS CAREFULLY
BY ACCESSING OUR WEBSITE OR INSTALLING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL THE APP OR ACCESS THE SITE.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 Bournemouth University Higher Education Corporation (BU, we, our and us), whose main address is Poole House, Talbot Campus, Fern Barrow, Poole, Dorset, BH12 5BB, license you to use:
1.1.1 The website at orieducation.com (the Site);
1.1.2 The Orthopaedic Research Institute Education (version 1) mobile application software, the data supplied with the software, (App) and any updates or supplements to it;
1.1.3 The related online documentation (Documentation); and
1.1.4 The programme you connect to via the App and Site, and the content we provide to you through these (Service), as permitted in these terms.
1.2 The Site, App, Documentation and Services are together referred to in these terms as the ORI education content.
2. ORI EDUCATION ACCESS
2.1 If we accept your request to access any ORI education content, the ORI education content is made available free of charge.
2.2 You or we can end your involvement in the ORI education content and access to the rights under these terms at any point during the programme by giving the other written notice with immediate effect. If we do so, we may give you notice by email or via the App. You can give us notice by unenrolling using the option available on the home screen within the App or by email to ori@bournemouth.ac.uk.
2.3 We do not guarantee that the ORI education content will always be available or be uninterrupted. We may suspend or withdraw or restrict availability of all or any part of the ORI education content without notice. We will not be liable if for any reason the ORI education content is unavailable at any time or for any period.
2.4 From time to time, we may restrict access to some parts of the, or the entire, ORI education content to you.
2.5 You agree to use the ORI education content only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the ORI education content.
3. YOUR PRIVACY
3.1 We only use any personal data we collect through your use of the App, Site and the Services in the ways set out in the privacy notices we provide to you before you start accessing module content within the App and as set out at https://moodle.com/cookies-policy/.
3.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
4. APPLE’S OR GOOGLE’S APP STORE TERMS ALSO APPLY
4.1 The ways in which you can use the App and Documentation may also be controlled by your iOS and Android application store’s rules and policies and these rules and policies will apply to you and the app store instead of these terms.
5. SUPPORT FOR THE ORI EDUCATION CONTENT AND HOW TO TELL US ABOUT PROBLEMS
5.1 Support. If you want to learn more about the ORI education content, or have any problems using it please take a look at our support resources under the ‘Help/FAQs’ section within the App.
5.2 Contacting us (including with complaints). If you think the ORI education content is faulty or misdescribed or wish to contact us for any other reason please email us at ori@bournemouth.ac.uk.
5.3 How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us. We may do this to get your feedback on the ORI education content.
6. HOW YOU MAY USE THE ORI EDUCATION CONTENT, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON.
6.1 In return for your agreeing to comply with these terms you may:
6.1.1 download or stream a copy of the App onto your mobile device and view, use and display the App and the Service on such devices for your personal purposes only;
6.1.2 use any Documentation and the Site to support your permitted use of the App and the Service; and
6.1.3 receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
7. YOU MAY NOT TRANSFER THE ORI EDUCATION CONTENT TO SOMEONE ELSE
7.1 We are giving you personally the right to use the ORI education content as set out above. You may not otherwise transfer the ORI education content to someone else, whether for money, for anything else or for free. If you sell any device on which the ORI education content is installed, you must remove the ORI education content from it.
8. CHANGES TO THESE TERMS
8.1 We may change these terms at any time by amending this page, for any reason including to reflect changes in law or best practice or to deal with additional features which we introduce. These terms were last updated on 30th October 2023.
8.2 We will tell you if we change these terms by notifying you of a change when you next start the App or use the Site or when you update the App.
8.3 If you do not accept the notified changes you will not be permitted to continue to use the App, Site and the Service.
9. UPDATE TO THE ORI EDUCATION CONTENT
9.1 From time to time we may automatically update the ORI education content to improve performance, enhance functionality, reflect changes to the operating system for the App or address security issues. Alternatively we may ask you to update the App for these reasons.
9.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the ORI Education content.
9.3 If you download or stream 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 terms, whether or not you own the phone or other device.
10. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
10.1 By using the ORI education content you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our research and the ORI education content.
11. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
11.1 The ORI education content may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
11.2 You will need to make your own independent judgement about whether to use any such independent sites.
12. LICENCE RESTRICTIONS
12.1 You agree that you will:
12.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the ORI education content in any form, in whole or in part to any person without prior written consent from us;
12.1.2 not copy the ORI education content, except as part of the normal use of the ORI education content or where it is necessary for the purpose of back-up or operational security;
12.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
12.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the ORI education content nor attempt to do any such things; and
12.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the ORI education content.
13. ACCEPTABLE USE RESTRICTIONS
13.1 You must:
13.1.1 not use the ORI education content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the ORI education content or any operating system;
13.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the ORI education content (to the extent that such use is not licensed by these terms);
13.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the ORI education content;
13.1.4 not use the ORI education content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
13.1.5 not collect or harvest any information or data from any Service or our (or any of our subcontractor’s) systems or attempt to decipher any transmissions to or from the servers running any Service.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All intellectual property rights in the ORI education content throughout the world belong to us (or our licensors) and the rights in the ORI education content are licensed (not sold) to you. You have no intellectual property rights in, or to, the ORI education content other than the right to use them in accordance with these terms.
14.2 Any names, images and logos identifying BU or third parties and mentioned, used or cited in the ORI education content are the property of their respective owners and are subject to copyright, design rights and/or trade marks of BU and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any such names, images or logos.
14.3 If you print off, copy or download any part of the ORI education content in breach of these terms, your right to use the ORI education content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 Foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or is excluded under these terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
15.2 We do not exclude or limit in any way our 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.
15.3 When we are liable for damage to your property. We will not be liable for damage to your property that is not caused by the ORI education content or that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.4 We are not liable for business losses. The ORI education content is for domestic and private use. If you use the ORI education content 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.
15.5 Limitations to the ORI education content. The ORI education content are provided for general information and research purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the ORI education content. Although we make reasonable efforts to update the information provided by the ORI education content, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
15.6 Viruses, hacking and other offences. We do not guarantee that ORI education content will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access ORI education content. You should use your own virus protection software.
15.7 You must not misuse the ORI education content by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the ORI education content, the server on which the ORI education content is stored or any server, computer or database connected to the ORI education content. You must not attack the ORI training portal content via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the ORI education content will cease immediately.
15.8 Please back-up content and data used with the ORI education content. We recommend that you back up any content and data used in connection with the ORI training portal content, to protect yourself in case of problems with the App, Site or the Service.
15.9 Check that the ORI education content is suitable for you. The ORI education content has not been developed to meet your individual requirements. Although we make reasonable efforts to update the information on the ORI education content, we make no representations, warranties or guarantees, whether express or implied, that the content of the ORI education content is accurate, complete or up to date. Please check that the facilities and functions of the ORI education content (as described on the appstore site and in the Documentation) meet your requirements.
16. WHAT HAPPENS WHEN YOU STOP USING THE ORI EDUCATION CONTENT
16.1 If you or we end your rights to use the ORI education content:
16.1.1 You must stop all activities authorised by these terms, including your use of the ORI education content.
16.1.2 You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
16.1.3 We will cease providing you with access to the ORI education content.
17. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
17.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
18.1 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
19. NO RIGHTS FOR THIRD PARTIES
19.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
20. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
20.1 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
21.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
22. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
22.1 These terms, their subject matter and their formation and any related non-contractual disputes or claims, are governed by English law. Any case or action arising under these terms or the use of the ORI education content shall be subject to the exclusive jurisdiction of the English courts subject to any mandatory provisions of the law which provide otherwise.
ORI Education Mobile Application End-User Licence Agreement v2. 30.10.23
