Please read these terms carefully before using the App.

1. About these Terms

These terms of use (Terms) apply to your use of the Old Etonian Association mobile and web application (App) and any related services available through it.

By downloading, accessing or using the App, you confirm that you accept these Terms. If you do not agree, you must not use the App.

The App is provided by the Old Etonian Association (OEA, we, us and our).

2. Purpose of the App

The App is provided to enable members of the OEA to connect with each other and to access information about OEA activities, events and opportunities, including sports clubs and other initiatives.

The App is provided free of charge as a member benefit.

3. Eligibility and accounts

You may only use the App if you are a member of the OEA.

If you create an account:

• you must provide accurate information;
• you must keep your login details secure; and
• you are responsible for all activity on your account.

The App may only work on compatible devices and operating systems.

4. Acceptable use

You must use the App in a respectful and lawful way. In particular, you must not:

• use the App for any unlawful or improper purpose;
• share another member’s contact details or other information from the App without that member’s consent;
• harass, abuse or harm other users;
• use the App to promote commercial services without our permission;
• use or attempt to access another user’s account;
• collect information about other users without their permission;
• upload viruses or malicious code;
• attempt to gain unauthorised access to the App; or
• use the App in any way that could damage the App or undermine the App’s operations or security.

5. User content and interactions

The App may allow you to share content and to interact with other users.

You are responsible for your interactions with other users and for all content you create or share through the App, including profile information, messages, comments, adverts and listings.

You must not post or share content which:

• is unlawful, harmful, abusive, threatening, discriminatory, offensive, misleading or inappropriate;
• infringes anyone else’s rights, including intellectual property rights; or
• breaches these Terms.

By posting content on the App, you allow us to host, store, copy, display and share that content within the App for the purposes of operating the App. The App is not designed as a storage device and you should not use or rely on it as your main way of storing any of your content.

We do not verify user content, adverts, listings or other information provided by users, and we do not guarantee that it is accurate, complete or up to date.

Interactions between users are at your own risk. We are not responsible for how users engage with each other.

We may remove or restrict access to any content if we reasonably consider it appropriate.

The App may allow members to post adverts or listings to buy, sell or exchange items. The contract of sale is directly between the buyer and seller. We are not a party to any transaction between users, and we are not responsible for the items advertised, the accuracy of listings, payment, delivery, returns or disputes between users. Users are responsible for making their own checks before entering into any transaction.

6. Intellectual property

We own, or have permission to use, all intellectual property rights in the App and its content.

The App is licensed to you, not sold. We grant you a personal, non-transferable licence to use the App for your personal use as a member of the OEA, subject to these Terms.

You have no intellectual property rights in the App other than the right to use it in accordance with these Terms.

You must not copy, modify, distribute or exploit any part of the App, except to the extent that applicable law does not allow us to restrict you from doing so.

7. App store requirements

If you download the App from the Apple App Store or Google Play, the relevant app store’s terms will also apply to your use of the App. To the extent that there is any conflict between such app store terms and these Terms, the app store terms shall prevail.

These Terms are between you and us, not Apple or Google. We are responsible for the App, its content, and any maintenance and support for the App.

The relevant app store provider is not responsible for the App, its content, maintenance or support, or any claims relating to the App, except to the extent required by law.

If you download the App from the Apple App Store:

• the licence granted to you is limited to a non-transferable licence to use the App on Apple-branded products that you own or control, subject to Apple’s usage rules;
• if the App does not comply with any applicable warranty, you may notify Apple. Where you paid a purchase price for the App, Apple will refund that purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation in relation to the App;
• we, not Apple, are responsible for addressing any claims relating to the App or your use of it, including any product liability, regulatory, consumer protection, privacy or intellectual property claims; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

8. Updates and changes

We may update or change the App from time to time, including by changing, removing or adding features.

We may ask you to install updates to the App. If you do not install updates, or if you opt out of automatic updates, you may not be able to continue using the App.

We may update these Terms from time to time. We will notify you of any material changes. If you do not agree to the updated Terms, you must stop using the App.

9. Availability

We aim to keep the App available, but we do not guarantee that it will always be available, uninterrupted or error-free.

We may suspend, withdraw or restrict access to the App at any time.

10. Liability

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

The App is provided free of charge as a member benefit and is intended for personal, non-commercial use by OEA members.

To the extent permitted by law, we are not liable for:

• losses arising out of use of the App; or
• losses arising from reliance on information in the App, including user content.

11. Termination

We may suspend or terminate your access to the App if we reasonably believe that you have breached these Terms, are likely to breach these Terms, or are no longer eligible to use the App.

If your access is terminated, you must stop using the App and delete it from your devices if we ask you to do so.

12. Confirmation

You confirm that you are not located in a country that is subject to a UK or US Government embargo and are not listed on any UK or US Government list of prohibited or restricted parties.

13. Privacy

Information about how we use your personal data can be found in our Privacy Notice, which is available here.

14. Contact us

If you notice any activity or see any content on the App that you think breaches these Terms, please report it to us at (oea@etoncollege.org.uk).

15. Governing law

These Terms are governed by the laws of England and Wales.