The Oxford Review terms and conditions

Terms and conditions

terms and conditions The Oxford Review

Updated 19/05/20

The OR Briefings Terms and Conditions

Contents

The OR Briefings

Definitions

Terms and conditions

  1. Privacy Statement & GDPR
  2. Collection of Personal Information
  3. Cookies
  4. Username and Password
  5. Access
  6. Additional Information
  7. Intellectual Property Rights
  8. Use of materials
  9. Disclaimer
  10. Security policy
  11. Delivery Times
  12. Issuing credit
  13. Returns and cancellation
  14. Conditions applicable
  15. Price and payment
  16. Warranties
  17. Delivery
  18. Acceptance
  19. Title and risk
  20. Remedies of the buyer
  21. Returns
  22. Testimonials, comments and contributions
  23. Limitation of liability
  24. Proper Law
  25. Your rights
  26. Terms and conditions – Materials
  27. Notes for Authorised Users
  28. Terms and Conditions of Use of materials and content
  29. Section 1. Rights and Obligations of the Licensee/subscriber/member
  30. Section 2. Obligations of Oxcognita
  31. Section 3. Notes for Authorised Users
  32. Copyright
  33. Licensed Rights
  34. Affiliate terms of use

Terms and conditions

The OR Briefings

The OR Briefings is an Oxcognita LLC. product, and is wholly owned by Oxcognitca LLC. Any and all references to The OR Briefings or The Oxford Review (previous name) is taken to apply and refer to Oxcognita LLC.

Limited UK operations are managed by our agents Oxford Review Enterprises Ltd.

Oxford Review Enterprises Ltd is a UK Private Limited Company Registered Company No. 11166915 and is the sole agent for Oxcognita LLC. in the UK.

Oxcognita LLC is a Limited Liability Company Registered Company Number L19880 in St. Nevis and is registered under the Nevis Limited Liability Company Ordinance 2017 as a Limited Liability Company

All legal correspondence should be addressed to Oxcognita LLC, Corner of Jews Street & Marion Averlue, Ramsbury Site, Charlestown, Nevis.

Definitions

‘Buyer’ and ‘Subscriber’ means the person, firm or company whose name appears on the invoice or credit note.

‘Conditions’ means the terms and conditions of the sales of Publications set out below.

‘Document’ means the invoice or credit note on the reverse of which the Conditions are printed.

‘The Oxford Review and OR Briefings means and refers to Oxcognita LLC. in all cases

‘The Publishers’ means any such original journals research is published in or by.

‘Briefings’ or ‘briefing’ refers to an original review and briefing. As such it contains other studies, expert comment, interpretation and practitioner advice. It is not a copy of the original study which is referenced. The original study should be consulted and referenced in all cases. The research briefing is for informational and educational purposes only. We do not accept any liability for the use to which any review and briefing is put or for it or the research accuracy, reliability or validity. The briefings are an original work in their own right and are copyright worldwide Oxcognita LLC. Any use made of our briefings and reviews is entirely at your own risk.


1. Privacy Statement & GDPR

As we continue to develop our websites and take advantage of technologies to improve the service we provide, this policy may change. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.

The Oxford Review/ OR Briefings site my contain links to other websites.

Oxcognita LLC is not responsible for the privacy practices or the content of any other website or entity.

By accessing or using any Oxcognita LLC websites, you agree to the terms of our Privacy Statement, as outlined below. If you do not agree to these terms, please do not access or use this site.

2. Collection of Personal Information

When you engage in certain activities on this site, such as subscribing/buying products, registering for free trials, signing up for free reviews and briefings for example, The Oxford Review may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, The Oxford Review may require that you provide personal information, such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the site, you may also be asked to provide a credit card number.

When you submit personal information to The Oxford Review, you understand and agree that Oxcognita LLC, The Oxford Review and  subsidiaries / agents including Oxford Review Enterprises Ltd. and affiliates may transfer, store, and process your customer profile in any of the countries and databases in which The Oxford Review and its affiliates maintain offices, including without limitation, Nevis, The United States of America, the United Kingdom and other states. The personal information you submit will remain confidential to Oxcognita LLC and any referring payment gateways.

Oxcognita LLC collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to technical support, upgrade discounts, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. The Oxford Review also uses information that you provide as part of our effort to keep you informed about The Oxford Review products and services.

The Oxford Review recognises and appreciates the importance of responsible use of this information. If you do not want the information you provide to The Oxford Review to be used to inform you of other products and special offers from The Oxford Review, and you indicate this preference when you provide the information to The Oxford Review, The Oxford Review will honour your preference. We do not sell or give your personal information to third parties with the exception of payment gateways when you purchase products from The Oxford Review.

3. Cookies

The Oxford Review uses ‘cookies’ and other technologies to collect information on the website to assist in monitoring the website’s web page flow, promotional effectiveness as well as to promote trust and safety.

If you decline our cookies, some features and access to some parts of the website will not be available to you or may not function properly.

If you choose to accept our cookies, you can also delete such cookies later from your computer – refer to your internet browser’s help files. If you delete the cookies, any settings and preferences controlled by those cookies will be deleted and will need to be recreated when you visit the website subsequently.

For more information on Cookies, see www.aboutcookies.org.

 4. Username and Password

When you have registered on our website and have been provided with a username and password, you agree not to make available your username and/or password to anyone else. If there is any disclosure of your username and/or password, you agree to notify us immediately, so that we can take appropriate security measures.

We reserve the right to suspend or cancel your registration at our sole discretion without giving you any reasons.
You can cancel your registration via the “unsubscribe” link at any time.

5. Access

While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for other reasons beyond our control.

6. Additional Information

You may access certain parts of the website without subscribing or providing The Oxford Review with your details.

As the information on the website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors, we reserve the right to update the website at our sole discretion. Thus, such information may be changed or updated without notice.

Only current VIP and corporate members have access to the archive.

7. Intellectual Property Rights

Subject to the use of materials clause above. All materials on our website are and remain the copyright of The Oxford Review or are reproduced with permission from the copyright owners. All rights are reserved. The materials on our website may be retrieved and downloaded solely for personal use. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed without the prior written permission of The Oxford Review unless you have a subscription that then gives you the below rights:

8. Use of materials

To keep things fair and to prevent any misunderstandings there are three of things we do insist on: These are the terms of membership:

  1. If you share any of our materials you must leave the copyright message and branding on, and
  2. Subject to 1 above: If you have a personal (non-corporate) account you can use all of the materials in your personal practice and with clients – this includes training, lectures, briefings, coaching etc. but you can’t put the materials on another organisation’s (a clients) intranet or any other distribution engine/process. Basically it’s okay to hand them out in face-to-face development work, meetings etc. just not distribute them across entire organisations.
  3. Subject to 1 above: If you have a corporate account you can put the materials on the subscribing organisation’s intranet and distribute the materials across the organisation the subscription is in the name of. You can of course also use them with clients – this includes training, lectures, briefings, coaching etc. But you can’t put the materials on another organisations (a clients) intranet or any other distribution engine/process. Basically it’s Okay to hand them out in face-to-face development work, meetings etc. use them internally but not across another organisations

 9. Disclaimer

Oxcognita LLC produces reviews, expert interpretation and briefing about research. As such the research briefings, podcasts and other materials contain other studies, expert comment and practitioner advice. They not a copy of the original study which is referenced. The original study should be consulted and referenced in all cases. The research briefings are for informational and educational purposes only. We do not accept any liability for the use to which this review and briefing is put or for it or the research accuracy, reliability or validity. This briefing as an original work in its own right is copyright Oxford Review Enterprises Ltd. Any use made of this briefing is entirely at your own risk.

Whilst we make every effort to ensure the accuracy of our materials, The Oxford Review makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on the website for any purpose. All such information is provided “as is” and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. The Oxford Review makes no warranties or representations of any kind that the services provided by the website will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code.

In no event shall The Oxford Review, its employees or agents be liable for any direct, indirect or consequential damages, loss of opportunity, loss of data, loss of goodwill, loss of anticipated savings or loss of profits resulting from the use of the website even if The Oxford Review has been advised of such loss.

Neither party’s liability for personal injury or death caused by negligence or for fraud is excluded or limited.
The exclusions set out in this legal notice only apply to the extent permitted by law.

10. Security policy

We use PayPal and Stripe to collect and process transaction information

PayPals Security Policy can be found here https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security.

PayPal provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is PayPal’s utmost priority to ensure that transaction data is handled in a safe and secure way.

PayPal uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.

PayPal is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.

PayPal is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.

In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.

Stripe’s Security Policy can be found here: https://stripe.com/docs/security/stripe

Both companies are fully compliant with the latest security regulations. Oxcognita LLC reviews all security and privacy aspects of our partners regularly.

So when buying through our site, you can be sure that you are completely protected.

11. Delivery Times

Your order will be processed and despatched within 72 hours, usually however this is instantaneous.

 12. Issuing credit

We can issue credit via PayPal within 48 hours if there is a problem with your order.

Delivery by our distributors and their Terms and Conditions

13. Returns and cancellation

You may cancel a subscription at any time. The cancellation will take effect at the next point of billing. For all subscribers that will be the next planned payment date. Your membership and access to materials will continue until that point. No further payments will be taken from the date of the cancellation.

14. Conditions applicable

These Conditions shall apply to all contracts for the sale of Publications to the exclusion of all other conditions including any conditions which the Buyer may purport to apply under any purchase order or confirmation of order or similar document.

Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by The Oxford Review or the Publisher.

All orders of Publications shall be deemed to be an offer by the Buyer to purchase the Publications pursuant to these Conditions.

2.4 Acceptance of delivery of the Publications shall be deemed as conclusive evidence of the Buyer’s acceptance of these Conditions.

15. Price and payment

The price for the Publications is set out on the invoice you will receive with the product and in the Publisher’s catalogue and unless indicated otherwise is exclusive of VAT.

The Buyer shall pay for the Publications within the number of days stipulated on the Document, such number of days to be calculated from the end of the month in which the Document is dated.

Interest on overdue invoices shall accrue from the date when payment becomes due, from day to day until the date of payment at a rate of 2% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as before any judgement together with compensation for debt recovery costs pursuant to the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 and as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002. Marston may withhold further supplies in the event that amounts payable are overdue or for any other reason at its sole discretion.

Any discounts to the price of the Publications are to be agreed with the Publishers.

All unavailable titles are recorded as dues unless marked cancelled on the invoice.

The Buyer may instruct The Oxford Review not to record dues. This instruction will be implemented unless the Buyer countermands the instruction for any particular order.

The Oxford Review may at their discretion elect not to record dues. All unavailable titles will be noted as cancelled on the invoice.

Invoices should be paid in full, early settlement discounts are not applicable.

16. Warranties

All terms, conditions and warranties (whether implied or made expressively) whether by The Oxford Review or its servants or agents otherwise or in relation to the quality and/or fitness for the purpose of the Publications or any of the Publications are excluded.

17. Delivery

Time for delivery of any Publications is not guaranteed and time for delivery is not of the essence in any order.

The Oxford Review shall not be liable to the buyer for late delivery or unavailable items.

The Oxford Review shall arrange for the Publications to be delivered to the Buyer’s delivery address. The Buyer shall make all the necessary arrangements to take delivery of the Publications whenever they are tendered for delivery.

18. Acceptance

The Buyer shall be deemed to have accepted the Publications 72 hours after delivery to the Buyer.

Where the Buyer accepts or has been deemed to have accepted any Publications, The Oxford Review shall have no liability whatever to the Buyer in respect of the Publications (except for any defective Publications).

Any claim for damaged Publications or for shortage of Publications must be notified in writing to The Oxford Review within seven days of receipt of the Publications, otherwise no claim will be considered.

Where dues are recorded, as shown on the invoice, they will be deemed to be accepted by the Buyer unless The Oxford Review is requested to cancel them within 72 hours of receipt of the invoice.

19. Title and risk

The Publications shall be at the Buyer’s risk as from delivery to the Buyer’s premises or to the Buyer’s appointed shippers, whichever occurs first.

In spite of delivery having been made, the property in any of the Publications supplied by The Oxford Review shall not pass to the Buyer until full payment for the Publications and any other sums owed by the Buyer to The Oxford Review has been received by The Oxford Review and until full payment has been received by The Oxford Review any Publications delivered to the Buyer by The Oxford Review remain the property of the Publishers.

Notwithstanding the other provisions of this clause The Oxford Review and the Buyer expressly agree that until the Buyer has paid in full any sums payable by the Buyer to The Oxford Review any Publications delivered to the Buyer on this Document or any other Document up to the value of the sums owed by the Buyer to The Oxford Review remain the property of the Publishers and the Buyer shall hold them as bailee.

If the Buyer sells the Publications before payment in full has been made and if The Oxford Review so requires the Buyer shall hand over to The Oxford Review all claims for payment against the sub-purchaser.

So long as property in the Publications may not have passed to the Buyer The Oxford Review may maintain an action against the Buyer for the price of the Publications and for the expense of recovering any Publications under the power contained in the preceding sub-clause.

Notwithstanding that the property in the Publications may not have passed to the Buyer The Oxford Review may maintain an action against the Buyer for the expense of recovering any Publications under the powers contained in the preceding sub-clause.

It is agreed between the Buyer and The Oxford Review (without prejudice to the generality of the said Clause) that The Oxford Review may recover the Publications and payment shall automatically become due if:

(a) the Buyer fails to pay by the due date for any Publications supplied by The Oxford Review

(b) the Buyer does or fails to do anything which would entitle an Administrator or an Administrative Receiver to take possession of any of its assets or would entitle any person to present a petition to wind up the Buyer; and/or

(c) the Buyer passes any resolution to wind itself up, publishes a notice convening a meeting of its creditors pursuant to Section 98 of the Insolvency Act 1986 or any statutory modification or replacement thereof; and/or

(d) the Buyer if an individual has a bankruptcy order made against it or enters into any arrangement for the benefit of his creditors generally and in any such event The Oxford Review shall not be obliged to make any further delivery to the Buyer.

The Buyer shall not pledge or in any way charge, borrow or offer any security for any indebtedness any of the Publications which are the property of the Publishers. Without prejudice to the other rights of The Oxford Review or the Publishers, if the Buyer does so, then all sums whatsoever owing by the Buyer to The Oxford Review shall immediately become due and payable.

20. Remedies of the buyer

Where the Buyer rejects any Publications the Buyer shall have no further rights whatever in respect of supply to the Buyer of such Publications or the failure by The Oxford Review to supply any other Publications which conform to the details set out on the invoice.

21. Returns

The Buyer may only return Publications for credit when this is done in accordance with the relevant Publishers returns policy and prior authorisation has been given. Unauthorised returns will not be credited to the Buyer and may be sent back to the Buyer or pulped in both cases at the Buyers expense.

Publications that are denoted “FIRM SALE” are supplied strictly on the basis that credit will not be given even if they are returned to The Oxford Review unless covered by specific legislation such as the Consumer Protection (Distance Selling) Regulations 2000.

22. Testimonials and contributions

Any and all contributions, testimonials and comments left on this site become the property and copyright of Centre i Ltd and The Oxford Review and may be used in sales promotions, advertising and editorial.

23. Limitation of liability

In the event of any breach of the Conditions by The Oxford Review, the remedies of the Buyer shall be limited to the cost of the subscription or other payment made by the client. The Oxford Review shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including the loss of profit) suffered by the Buyer arising out of a breach by The Oxford Review of this contract.

Under no circumstances shall The Oxford Review liability to the Buyer exceed the net price of the Publications set out on the invoice.

24. Proper Law

The Conditions shall be constituted in accordance with and are subject to the laws of England.

25. Your rights

We are governed by and comply fully with the General Data Protection Regulation in regard to processing of personal data.

We may use third party applications such as email providers etc. for ease of administration, but :

1.    We will never sell or pass your details to any other organisation without your direct consent.
2.    We will only use your details to keep you updated with what we are doing and to contact you regarding The Oxford Review.

You can request a copy of the details we hold on you at any time- email us [email protected]

You can request that we delete your details at any time, just email us at [email protected]

26. Terms and conditions – Materials

Notes for Authorised Users

These notes are provided as guidance for Authorised Users. They do not replace the full Terms and Conditions (see below), and in the event of a difference between these and the full Terms and Conditions, the wording of the full Terms and Conditions takes precedence.

You qualify as an Authorised User of The Oxford Review to which you (individual members) or your organisation (organisational or small teams members) has a paid electronic subscription if you are:

1.    The individual to which the membership / subscription applies, or are
2.    a current member of the organisation or small team which has a current membership /subscription;

You may:

  1. access the Material
  2. search the Material
  3. download and/or view the Material
  4. print copies of the Material for :
    1. your own private use (individual members) or
    2. the use of your organisation (small teams and organisational members) or it’s people
    3. send a colleague a print or electronic copy of small amounts of the Material for their own use or the
    4. use of or within the organisation
    5. use the Material in your own work without further permission, but you must appropriately acknowledge the source of that Material
  5. use the Material in course packs that you prepare for courses/ workshops and coaching sessions you teach or coach on
  6. use the Material for text and data mining
  7. use (repurpose) the Material for the basis of blogs, newsletters, podcasts, videos, and other such inter- and intra-organisational communication as long as you appropriately acknowledge the source of that Material and do not copy that material.
  8. Pass small amounts* (numbers) of research briefings to colleagues and friends outside your organisation or business as long as it remains un altered and retains the copyright notice, header and footer.

You may not

  1. give your password or login details to anyone not authorised to have them.
  2. make the Material available to anyone not authorised to receive it
  3. make the Material available publicly
  4. use the Material for commercial purposes whereby you are reselling our Material
  5. allow the Material to be used by others for similar commercial purposes
  6. use, or allow the Material to be used, in ways which would damage the commercial use of the Material by The Oxford Review
  7. alter the Material or remove or obscure copyright notices from it

*Note: Small amounts of the Material means not more than 10% of any individual book or Oxford Review or not more than than 5% of the total number of research briefings sent to you. If you wish to use more, please contact us at [email protected]

Terms and Conditions of Use of materials and content

THESE ARE THE TERMS AND CONDITIONS THAT YOU AGREE TO BE BOUND BY GOVERNING ACCESS TO AND USE OF THE CONTENT OF THE OXFORD REVIEW FOR WHICH THE LICENSEE IS PURCHASING ACCESS ON AN ANNUAL SUBSCRIPTION BASIS, TOGETHER WITH THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEBSITE AND OUR SERVICES.

Section 1. Rights and Obligations of the Licensee/subscriber/member

1.1 The Licensee may use and access and allow Authorised Users (as defined below) to use and access the electronic versions of THE OXFORD REVIEW (THE OXFORD REVIEW Material/research briefings/podcasts etc.) which are available to the Licensee via the Licensee’s subscription provided always that such access and use is via a secure server over which the Licensee has sufficient control to limit distribution of THE OXFORD REVIEW Material to the Authorised Users. The Licensee shall ensure that the Notes for Authorised Users above are made available to all Authorised Users and visitors to the THE OXFORD REVIEW Sites including the members site e.g. by means of a connect webpage and/or library information packs. All rights in THE OXFORD REVIEW Material which are not specifically granted to the Licensee under this License are expressly reserved to THE OXFORD REVIEW.

1.2 The following are Authorised Users of THE OXFORD REVIEW Material: current paid up members/subscribers of THE OXFORD REVIEW, members of the small team (small teams membership) to which the small teams membership applies, or current member of the current member organisation of the Licensee who are subject to the Licensee’s normal terms and conditions for ensuring compliance with the terms of this License. Remote electronic access to and use of THE OXFORD REVIEW Material by people other than Authorised Users is not permitted other than permitted through the said membership. Authorised Users may distribute single copies of individual articles in print or electronic form to other Authorised Users within the organisation or team for their personal use.

1.3 These terms and conditions cover use of THE OXFORD REVIEW material within the secure network of the Licensee (the Site):

1.4 The Site: Depending on the license purchased, the secure network may cover a single organisational site (organisational license), an organisation or customer covering multiple sites (a multi-site license) or a number of organisations operating under a single license (a consortial license).

1.5 The Licensee may not use or permit Authorised Users to use THE OXFORD REVIEW Material for the purposes of monetary reward by means of sale, resale, loan, hire, lease or any other form of exploitation.
1.6 A current member/Licensee may store THE OXFORD REVIEW Material for purely archival purposes. If the member ceases to be a member / licensee they must remove and destroy all archived copies, except those sent to them in the normal course of their membership.

1.7 The Licensee/member may make such local electronic copies by means of caching {or mirrored storage} of all or part of the Licensed Materials as are necessary solely to ensure efficient use by Authorised Users.

1.8 The Licensee may not otherwise store or permit Authorised Users to store the SAGE Journals Material on any medium, transfer, reproduce, modify, publish or otherwise exploit THE OXFORD REVIEW Material except in so far as is reasonable to exercise the rights granted under this License. Neither the Licensee nor the Authorised Users may make any part or parts of the THE OXFORD REVIEW Material available for access by way of remote computing services beyond the Site with the sole exception of remote access by Authorised Users

1.9 THE OXFORD REVIEW Material may not be used by the Licensee or Authorised Users in any form of activity competitive with THE OXFORD REVIEW.

1.10 The Licensee is responsible for all charges associated with accessing THE OXFORD REVIEW Material, including any charges levied by the intermediary through whom the electronic subscription is delivered, as well as any computer equipment, software, telecommunication or internet connection charges.

1.11 . The Licensee may incorporate parts of THE OXFORD REVIEW Material in printed course packs and electronic reserve collections for the use of Authorised Users in the course of instruction at the Licensee’s organisation or for the pursuance of that organisations purposes but not for commercial re-sale. Each such item shall carry appropriate acknowledgement of the source, listing title and author of the extract, title and author of the work, and the publisher. Copies of such items shall be deleted by the Licensee when they are no longer used for such purpose. Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to Authorised Users who are visually impaired. Permission for other reproduction should be sought from THE OXFORD REVIEW.

1.12 The Licensee may not remove, obscure or modify copyright notices, text acknowledging, attributions or other means of identification or disclaimers as they appear. The Licensee may not alter, adapt or modify THE OXFORD REVIEW Material, except to the extent necessary to make it perceptible on a computer screen, or as otherwise permitted in this Agreement. Alteration of words or their order is strictly prohibited.

1.13 Save as set out in these terms and conditions, the Licensee may not display or distribute any part of THE OXFORD REVIEW Material on any electronic network, including without limitation the Internet and the World Wide Web, and any other distribution medium now in existence or hereinafter created, other than by a Secure Internal Network (intranet). This Clause shall survive termination of this Agreement for any reason.

1.14 The Licensee and Authorised Users shall have unlimited access to THE OXFORD REVIEW Material, 24 hours/day, seven days/week. Notwithstanding the foregoing, THE OXFORD REVIEW reserves the right to shut down THE OXFORD REVIEW platform without prior notice to resolve any technical issues that may arise at any time as determined in THE OXFORD REVIEW’s sole and absolute discretion.

1.15 The Licensee acknowledges that there are certain system requirements that are necessary in order to use THE OXFORD REVIEW Material on THE OXFORD REVIEW platform, and the Licensee is financially and technically responsible for ensuring that these requirements are met. These system requirements are: (a) full access to the Internet (TCPIP) and (b) a World Wide Web browser, either Netscape (version 6.0 or higher) or Microsoft Internet Explorer (Version 5.0 or higher). Other suitable browsers should include support for HTML 4.0, XHTML 1.0, and CSS 1 (Cascading Style-sheets). Use of the Administrative Profile Module requires support for Javascript 1.5. THE OXFORD REVIEW recommends using the most current browsers available.

1.16 In the event that the Licensee ceases to subscribe to THE OXFORD REVIEW content, the Licensee retains a perpetual right of access to the content which was published and sent to the licensee / organisation during the term of the subscription. Access to that content after termination of this agreement will be not be available through THE OXFORD REVIEW platform, and therefore needs to be saved by the member/subscriber licensee prior to the membership ceasing.
In addition all access to non-subscribed back content ceases on termination of the subscription.

Section 2. Obligations of THE OXFORD REVIEW

2.1 Whilst THE OXFORD REVIEW makes every effort to ensure accuracy of our research briefings, THE OXFORD REVIEW does not make any representation or warranty or accept responsibility for the accuracy, currency, or completeness of the content of THE OXFORD REVIEW Material. THE OXFORD REVIEW reserves the right to withdraw from THE OXFORD REVIEW Material any item contained in it or any part of it if THE OXFORD REVIEW believes that such item contains any material which may be legally objectionable, on whatever grounds.

2.2 During the term of the subscription, access will be offered to back volume content files of THE OXFORD REVIEW where it is available.

Section 3. Notes for Authorised Users

The Licensee is encouraged to print-out, photocopy, place on library webpage or otherwise make available to Authorised Users these notes.

Copyright

The entire contents of THE OXFORD REVIEW Material (including individual articles and other material appearing in the journals) are protected by copyright.

Licensed Rights

Electronic access to THE OXFORD REVIEW Material is governed by the terms of licenses which regulate such access. The following notes provide information on some key elements of these licenses.

·      You qualify as an Authorised User of THE OXFORD REVIEW Material to which your institution has a paid subscription if you are a current member of the organisation or team at the Site for which a license has been purchased.
·      You may (i) access; (ii) search; (iii) download and/or (iv) view THE OXFORD REVIEW Material and make single printed or electronic copies of individual articles for your personal use only (individual subscribers or for the use of your team or organisation (small team and organisational members / subscribers). You may use THE OXFORD REVIEW Material by remote access to a secure server if your site offers this facility.
·      You may transmit to a third party colleague or client / customer in hard copy or electronically, individual amounts of the Licensed Materials for their personal or professional use but in no case for resale or commercial purposes. In addition, you have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in your own work.
·      You may extract or use information contained in the Materials for your professional purposes, including, but not limited to, text and data mining, extraction and manipulation of information for the purposes of illustration, explanation, example, comment, criticism, teaching, research, or analysis.
·      You may not (i) sell; (ii) loan; (iii) lease; (iv) transfer; (v) modify or (vi) reproduce or otherwise use the THE OXFORD REVIEW Material or any part of it except as is permitted in clause 2 above.

34. Affiliate terms of use

AFFILIATE PROGRAM TERMS OF USE & SERVICE

These Terms of Service are entered into by and between you and Oxcognita LLC a Nevis Limited Liability Company, (“The Oxford Review”) and govern the terms of OR Briefings affiliate program (the “Affiliate Program”). BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS WELL AS THE OXFORD REVIEWS TERMS OF USE AND PRIVACY POLICY. Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.

“The Oxford Review” also refers to “OR Briefings” – a product of Oxcognita LLC. Oxford Review Enterprises LTD is an agent of Oxcognita LLC

1. Eligibility for the Affiliate Program

To participate in the Affiliate Program, you must submit an application through The Oxford Review’s Affiliate Signup, available at XXX. The Oxford Review reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.

2. Referrals

You will receive commission for Qualified Referrals to The Oxford Review. The percentage of commission may change at any time and without notice.

“Qualified Referrals” mean customers referred by you to The Oxford Review who:

  1. click on your unique tracking link;
  2. within ninety (90) days of clicking on your unique tracking link, successfully purchase, a monthly or yearly subscription for The Oxford Review or another Oxford Review product; and
  3. maintain an active account and the monthly or yearly subscription with The Oxford Review for a minimum of thirty-one (31) days.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. The Oxford Review, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”

Referrals made to current The Oxford Review customers will be considered “Current Customer Referrals” and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive referral commission for a Current Customer Referral for any payments the customer made to The Oxford Review before the referral. The Oxford Review, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

3. Commissions

Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed fifty US Dollars ($50) before receiving a payment from The Oxford Review. If your total commissions for a given month are less than $50, payment may be held until the total commissions equal or exceed $50.

If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in The Oxford Review’s favour, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.

Commission payments may be paid in US Dollars and may be made via electronic payment (such as Paypal). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. Commissions are paid out on the first Friday of each month.

You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by The Oxford Review within your own country or territory.

The Oxford Review reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, The Oxford Review reserves the right to terminate, deactivate, or not approve your account.

4. Marketing

You shall bear your own costs and expenses related to marketing and promoting The Oxford Review and/or the Affiliate Program. The Oxford Review is not obligated to reimburse or credit you for any marketing expenses. If The Oxford Review does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

  1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, The Oxford Review, its employees, its customers, its Services (as defined in The Oxford Review Terms of Use), or its Affiliates.
  2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of The Oxford Review’s Services. Affiliates shall not copy The Oxford Review websites or any portions thereof, including, without limitation, any of The Oxford Review trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without The Oxford Review’s prior express written consent.
  3. Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
  4. Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from The Oxford Review.
  5. Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
  6. Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to The Oxford Review servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in The Oxford Review’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
  7. Affiliates shall not bid on or use The Oxford Review’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from The Oxford Review.
  8. Affiliates shall not use The Oxford Review’s trademarks or misspelled keywords in their domain names.
  9. Affiliates shall not use redirected pages and links to send a potential customer to The Oxford Review’s website.
  10. Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to The Oxford Review’s website using an affiliate link).
  11. Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
  12. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of The Oxford Review, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
  13. Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq or The General Data Protection Regulation (EU) 2016/679 (GDPR)
  14. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting The Oxford Review’s Services.
  15. Affiliates shall make clear that they, not The Oxford Review, are the sender of all marketing communications related to the promotion of The Oxford Review’s Services.
  16. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
  17. Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding The Oxford Review or The Oxford Review’s Services without the express written consent of The Oxford Review.
  18. Affiliates shall not use malware or spyware to market or promote The Oxford Review’s Services.

5. Termination

The Oxford Review may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, The Oxford Review reserves the right to terminate your account if it has been inactive for 12 consecutive months. The Oxford Review reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach The Oxford Review’s Terms of Use or these Terms of Service or engage in any conduct that The Oxford Review deems to be illegal, improper, unfair, or otherwise adverse or detrimental to The Oxford Review.

In The Oxford Review’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.

You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, The Oxford Review’s systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.

Upon termination, all rights granted to you shall immediately terminate.

6. Relationship between you and The Oxford Review

Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and The Oxford Review.

7. Non-Disparagement

During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage The Oxford Review, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect The Oxford Review’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about The Oxford Review, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in The Oxford Review refusing to enter into this agreement.

8. Release and Authorisation to Use Photographs

You grant The Oxford Review permission to use any and all photographs taken by The Oxford Review or its agents or employees, or submitted by You to The Oxford Review (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of The Oxford Review or any product or service sold and marketed by The Oxford Review. You agree that this authorisation to use Photographs may be assigned by The Oxford Review to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in The Oxford Review’s sole discretion. You agree not to make any monetary assessment against The Oxford Review in exchange for the release under this section. You hereby release and forever discharge The Oxford Review from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.

9. Assumption of Risk

You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE OXFORD REVIEW, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE OXFORD REVIEW SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE OXFORD REVIEW SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE OXFORD REVIEW’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Oxford Review, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.

11. Third Party Rights

The sections titled Limitation of Liability and Indemnification are solely for the benefit of The Oxford Review and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without The Oxford Review’s prior written consent.

12. Unlawful Activity; Termination of Access

The Oxford Review reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. The Oxford Review may discontinue your participation in the Affiliate Program at any time for any reason or no reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS THE OXFORD REVIEW AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Remedies for Violations

The Oxford Review reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

14. Governing Law and Jurisdiction; Disputes and Arbitration

These Terms of Service are governed by and construed in accordance with the internal law of the Federation of Saint Christopher and Nevis (St. Kitts & Nevis) without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in the St. Kitts & Nevis, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists between The Oxford Review’s Terms of Use and these Terms of Service, the Terms of Service govern.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Service, any of The Oxford Review’s policies, or the Affiliate Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in the Federation of Saint Christopher and Nevis, unless you and The Oxford Review agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing The Oxford Review from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

YOU AND THE OXFORD REVIEW EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THE OXFORD REVIEW AND ALL PARTIES TO ANY SUCH PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Entire Agreement; Severability of Provisions; No Waiver

These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

16. Changes to the Terms of Service

The Oxford Review may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

17. Contact Us

If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at:

Oxcognita LLC is a Limited Liability Company Registered Company Number L19880 in St. Nevis and is registered under the Nevis Limited Liability Company Ordinance 2017 as a Limited Liability Company

All legal correspondence should be addressed to Oxcognita LLC, Corner of Jews Street & Marion Averlue, Ramsbury Site, Charlestown, Nevis.

Email: [email protected]

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