Terms of Services
1. Object and Validity
- The company
- OutRead, Adelaide 5000
Authorized managing directors: Rebecca Santios
E-Mail address: firstname.lastname@example.org
(hereinafter referred to as “Outread”) operates a platform for mobile reading and listening on the internet portals http://www.Out-read.com and other websites, as well as on mobile applications (a.k.a. Apps)(hereinafter referred to as “Platform”). In this context, Outread’s authors transform the key insights of scientific articles, journals and other content for you into a concise format. This gives you the opportunity to discover new content through delivering the key insights from scientific research or other content on your computer or mobile device.
- No separate contract text is provided for the agreement pertaining to the use of the Platform. The content of the agreement between you and Outread is based on these General Terms and Conditions, as well as on the specific information provided to you as part of the registration (see Section 3), when ordering a paid subscription (Section 4) or other content (see Section 6), that will be saved by Outread and that is available in your user account at any time.
- You accept the validity and applicability of these General Terms and Conditions when registering or purchasing a paid subscription, as the case may be.
2. Outread’s Services and Rights
- Outread provides the key insights from scientific journals, articles and other content ( hereinafter jointly referred to as ”Platform Content”), which allow you to grasp their essence within a few minutes. Moreover, Outread may provide a personal profile to you, which you can use to update your details and maintain a membership on the Platform.
- The extent of the platform Content and the options to use (the “License”) depend on the type of account you selected. There is a difference between a free account (see Section 3), a paid subscription (see Section 4) and a free trial (see Section 5). In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial.
- The rights to Outread’s service and the content distributed through the service are and will remain with Outread and /or Outread’s licensors. The Outread software applications and content are licensed to you within the scope of the contractual use. We only grant you a non-exclusive (simple), time-limited right to personal use of the Outread service and its contents.
- All Outread trademarks as well as our trade names, logos, domain names and other distinctive features of the Outread trademark are the sole property of Outread. The license does not give you any right to use the Outread trademarks, our trade names, logos, domain names or any other distinctive features of the Outread trademark, be it for commercial or non-commercial purposes.
- If you do not use a paid service, Outread is allowed to show you promotional information on the Platform.
3. Registering with Outread
- In order to be able to use Outread’s services, a registration with Outread is required. Individuals over the age of 18 have the right to register. As a minor, you may only register with Outread if you are at least 14 years old and your legal representatives have provided their consent. Outread reserves the right to make the use of Outread services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.
- The registration itself is free of charge (free account) and does not oblige you to obtain a paid subscription. By registering, you are executing an agreement with Outread for a limited, free use of the Platform.
- You can use your e-mail address as well as a password of your choice to register. Alternatively, you may register using a single sign-on service (for example, Facebook login). You can register via our website.
- Any information required for registration must be complete and correct and always up-to-date. Outread has the right to save and process the data you provided during registration, in accordance with the provisions on Data Protection.
- The password used must be kept confidential. Keeping it a secret is solely and fully your responsibility. The Outread user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to Outread immediately.
4. Executing an Agreement for a Paid Subscription
- To be able to fully benefit from Outread’s services, additional service packages in the form of paid subscriptions (“Subscription Access”) are available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.
- Outread’s Subscription Accesses are ad-free, paid subscriptions that allow you to access additional content and features through our mobile and web-based applications. We currently offer the following subscription / service package:
- The Outread Premium service package includes ad-free access to all of our Platform Content.
You will have access to the respective services as long as your subscription is valid.
- You submit a legally binding offer for a fee-based subscription, if you enter the information requested in the online order form and then click on the “Order with obligation to pay” button. By doing so, you submit a legally binding offer for an agreement for a paid subscription. Before submitting your order, you may change and view the data at any time.
- The contract is concluded when Outread issues a notice of acceptance (order confirmation), which will be sent to you by email within a reasonable time. If you purchased your fee-based subscription via Outread’s web-based application Outread will send the order confirmation to you by email together with the receipt confirmation immediately following your order. The text of the contract (consisting of the order, the General Terms and Conditions and the order confirmation) will be sent to you by Outread on a permanent data carrier (email) (contract confirmation). Your subscription begins on this date. The text of the agreement is saved subject to data protection. Please read our Privacy Statement for information on the collection, use and processing of your data.
5. Trials/ Testing Phases
- Outread occasionally offers in particular to new users free Subscription Access for testing purposes for a certain period of time (“Trial”). Outread determines, at its sole discretion, if you may participate in a Trial. In case of an important reason, Outread may discontinue or change such free Trial at any time without prior notice or notification.
- You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such a case, we need your consent at the beginning of the Trial that your free access will be converted into a paid Subscription Access (Section 4) on the day following the end of the Trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period (Section 8.2).
- If, in a case of Section 5.2 , you do not wish to have the Subscription Access and the charge associated with it, you must cancel your Subscription Access given to you during the Trial before the end of the Trial (for example, by simply going to your Outread Account Settings or the respective app store settings).
6. Cancellation Policy
- You are able to cancel your membership at point in time from your account dashboard. However, there will be no refunds for the amount already paid. You will be able to access your account for the remainder of the ongoing period of the membership.
8. Reimbursement and Payment Methods, Compensation and Retention Rights
- The conclusion of a subscription for Subscription Access (Section 4) is subject to a fee and must be paid at the beginning of the subscription.
- As payment methods, Outread offers credit card, Paypal and additional payment methods, if available, specified before beginning of the order process.
- If accessing by using a code, payment will be made by the payment method specified by Outread and chosen by you prior to the purchase of the code, such as Paypal or bank transfer.
- As part of your Subscription Access, your payment obligation to Outread will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of the term (Section 9.2).
- You are not entitled to offset any claims against claims of Outread, unless your counterclaims are finally determined with legal effect or undisputed. You are also entitled to offset against the claims of Outread, if you make complaints for defects or counterclaims based on the same agreement.
- You may only exercise your right of retention if your counterclaim results from the same agreement.
9. Term and Cancellation
- The paid subscription for the Subscription Access (see Section 4) will run for at least the term you originally selected and will automatically renew if it is not canceled at least 24 hours before the end of that period. The subscription term will be extended according to the subscription model used so far. You can cancel as instructed below:
- You can cancel paid subscriptions completed via our web app in the “Cancellation Form” menu item of the web app. To do this, you must log in, open the My Account in the context menu and click on “Cancel subscription” under Membership option.
- The Subscription Access cancellation takes effect on the day following the last day of your current subscription period and you will be downgraded to the free user agreement (free account). However, once you renew a subscription again, you will be able to access your old status. If you wish to delete your entire account, you can do so from the settings in our web apps (see Section 8.3). All data will be deleted irrevocably.
- The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.
10. Gift Certificates and Special Offers
- If you are the holder of a Outread gift certificate that allows the use of a Outread Premium service package for the period mentioned in the accompanying email, card or paper receipt, you have the right to use the Outread Platform during the respective period of time.
- To redeem the gift certificate, you must register with Outread first (see Section 3) and then activate the code indicated on the gift certificate on a dedicated page. (currently unavailable).
- Gift certificates and other codes cannot be redeemed for cash and cannot be reimbursed, exchanged or used to purchase other codes.
- Please note that in addition to these General Terms and Conditions, if you use a certificate or any other special offer, any additional conditions that may apply in connection with the gift certificate or offer (especially the validity period) also apply.
- Once the respective period expires, the subscription access ends automatically and you will be downgraded to the free account accordingly. If you want to continue to use the subscription access, you can sign up for a new subscription (Section 4) at any time. If you wish to delete your entire account, you can do so from the settings in our web apps (see Section 8.3). All data will be deleted irrevocably.
- Outread disqualifies any claims for damages coming from you. This does not apply to claims for damages arising from fatal injuries, physical injuries, health damage or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Outread, its legal representatives or affiliates. Essential contractual obligations are those the fulfillment of which enables the proper execution of the Agreement in the first place and on the fulfillment of which you can trust.
- In the event of a breach of essential contractual obligations, Outread shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.
- The restrictions mentioned in Section 10.1 and 10.2 also apply to breaches of duty by Outread’s affiliates and legal representatives, if claims are made directly against them.
12. Change of Terms and Conditions
- Outread reserves the right to amend and/or supplement the General Terms and Conditions with effect in the future, provided that this is reasonable for you taking into account Outread’s interests. If no explicit consent is obtained from you to adapt the General Terms and Conditions, you will be notified by Outread of any amendments and/or supplements to the terms and conditions in a timely manner (at least four weeks before the amended General Terms and Conditions enter into force). To this end, Outread will send you the new version of the General Terms and Conditions to the e-mail address specified by you in the registration. In this context, Outread will expressly point out to you the possibility and deadline for an objection to the new version of the General Terms and Conditions, as well as the consequences, should you not object.
- If you do not object to the applicability of the new version of the General Terms and Conditions within four weeks after receipt of the notification referred to in paragraph (1) of this Section, the new version of the GTC shall be deemed accepted by you.
- If you object to the new version of the General Terms and Conditions in due time, the contractual relationship shall be continued under the previous General Terms and Conditions, but Outread may decide to terminate the free user agreement or the paid subscription with effect from the next possible regular termination date.
- You agree that: (i) the Service shall be deemed solely based in South Australia; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over ‘Outread’, either specific or general, in jurisdictions other than South Australia. You agree that the laws of South Australia, excluding South Australia’s choice of law rules, will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in South Australia. These Terms of Service, together with the Privacy Notice at https://out-read.com/privacy-policy/ and any other legal notices published by Outread on the Service, shall constitute the entire agreement between you and Outread concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Outread’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND Outread AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14. Final Provisions
- If any provision of these General Terms and Conditions is invalid, the remainder of the agreement remains valid. The statutory provisions shall take effect over the invalid regulations.
- The law of the South Australian jurisdiction shall apply, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The legal provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer normally resides as a consumer, remain hereof unaffected.
- If no exclusive legal court of jurisdiction is given, all disputes arising out of or in connection with the contractual relationship shall be settled exclusively by the court at Outread’s registered office, thus South Australia.