Terms and conditions
- This Agreement governs your use of the online services (User Subscription) and limits Exam HQ Limited’s liability to you.
By clicking ‘Accept’ at the end of these Terms & Conditions and accessing the website: Website UrL (the ‘Service’) you agree to the Terms & Conditions.
References to “you” and “your” are to you as an individual and/or user
- You are not permitted to use this Service as part of a business. If you have any questions please email us at: email@example.com
3. PROVISION OF SERVICE
3.1 The Service is provided by Exam HQ of Limited 33 The Courtyard South, Bradley Stoke, Bristol, England, BS32 4NH (‘Examhq’). You will receive access to the Service following payment for the period of your Subscription.
3.2 You acknowledge that you have provided Examhq with accurate and complete registration information and that it is your responsibility to update Examhq of any changes to that information (including your email address) by emailing firstname.lastname@example.org.
3.3 Each registration is for a single user only. On registration, you will be allocated a user name and password (‘ID’). You are responsible for all use of the Service using your ID and for preventing unauthorised use of your ID.
3.4 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify Examhq immediately by emailing email@example.com. If Examhq reasonably believes that your ID is being used in any way which is not permitted by this Agreement, Examhq reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.
3.5 Examhq is continually seeking to improve the Service. Examhq reserves the right, at its discretion, to make changes to any part of the Service provided that it does not materially reduce his content or functionality.
3.6 Following your acceptance of this Agreement, Examhq will make the Service available to you and except as set out in this agreement you will have no right to cancel the contract before the end of your Subscription once we have done so.
4 USE OF SERVICE
5 LIMITED RIGHTS TO USE CONTENT
5.1 All material displayed on the Service (Content) belongs to Examhq or its licensors. Subject to Section 5.2, you may: (a) retrieve and display the Content on a computer screen; (b) print individual pages on paper and store such pages in electronic form on disk and on your PC (but not on any other server or other storage device connected to an external network); and (c) bookmark or link to any part of the Service, for your own use.
5.2 Most of the Content in the Service is owned by Examhq but certain content is used under licence from third parties (‘Third Party Content’) and will be marked with the copyright notice of those third parties. Some of the Third Party Content may be subject to additional restrictions – the relevant copyright notice will make it clear where that is the case.
5.3 You may not (without contacting us to obtain prior written permission): (a) redistribute any of the Content (including by using it as part of any library, archive or similar service); (b) remove the copyright or trade mark notice from any copies of the Content made under this agreement; (c) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or (d) except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
5.4 Copyright in any software that is made available for download for the participation in the Service (Software) belongs to Examhq or its licensors. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.
6.1 The fee for your subscription (‘Subscription Fee’) will be payable on the day you subscribe for the Service. Any subsequent Subscription Fees are calculated and payable annually on the same day of the start of your Subscription (unless otherwise stated). Service of digital goods will be delivered immediately after subscription. If you have a recurring billing payment scheduled for a day that does not occur in a given month (e.g. the 31st does not occur in September), the bill will occur on the last available day of the month. Thereafter, the payment will occur on the newly established day of the month. Examhq shall be under no obligation to provide the Service until the Subscription Fee has been paid.
6.2 There is no reduced fee trial on offer at this current time.
6.3 Your subscription fee and recurring billing will be processed through our standard payment processor which is Stripe. We are governed by their terms of sale which can be found at https://stripe.com/gb/legal Your Subscription will automatically renew upon the expiry of your current Subscription. If you fail to pay the Subscription Fee for any subsequent year within a period of 14 days from and including the date of your then current Subscription, Examhq may suspend your access to the Service until your Subscription Fee is paid.
7 USER PARTICIPATION
7.1 The Service may include bulletin boards, discussion groups and other public areas that allow feedback to Examhq and interaction between users. The opinions, advice and statements contained in messages posted on the Service (Messages) are those of the users and not Examhq and Examhq accepts no liability for the Messages. Where you can post Messages there will be a hyperlink to terms which help control the content of Messages.
8.1 Examhq warrants that: (a) it will use reasonable skill and care in making the Service available to you and in ensuring its availability during your Subscription; (b) it has the right to license the Content under this Agreement;
8.2 Because of the number of sources from which Examhq obtains the Content and because of the nature of the Internet and archived information, errors and omissions do occur and Examhq does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and Examhq makes no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
9 LIMITATION OF LIABILITY
9.1 Examhq will use its reasonable endeavours to remedy faults in the Service during the Subscription. If we are in breach of this agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Subscription Fee paid or payable in relation to your use for the relevant year of the Service.
9.2 Examhq will not be liable for any losses (including business losses) such as lost data, lost profits or business interruption arising from your use or inability to use the Service or from any action taken (or refrained from being taken) as a result of using the Service.
9.3 Notwithstanding the above provisions of this Section 9, Examhq’s liability will not be limited in the case of fraud or for death or personal injury caused by Examhq’s negligence.
All notices shall be given to Examhq via email at firstname.lastname@example.org or by post at Exam HQ, 33 The Courtyard South, Bradley Stoke, Bristol, England, BS32 4NH; or to you at either the email or postal address you provide during any ordering process.
Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 5 days after the date of posting.
The Service may contain links to other web sites and resources, either directly or through frames and, where possible, Examhq will make clear where such links are being made. Independent third parties provide these sites and Examhq is not responsible and shall not be liable for the availability or content of these outside resources.
13.1 This Agreement and your access to the Service may be terminated by written notice if you are in material breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe you are in breach of Section 5 we may suspend your access to the Service.
13.2 You may terminate this Agreement at any time. Any payments already in process will still be collected and your subscription shall finish after final payment. You may receive a pro-rata refund if the Service is discontinued or if Examhq is in material breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to Examhq.
14.1 Examhq may transfer and/or assign its rights and/or obligations under this Agreement. This will not affect your rights under this Agreement. You may not transfer any of your rights or obligations under this Agreement.
14.2 Nothing in this Agreement shall confer your rights on any other person.
14.3 If you breach this Agreement and Examhq ignores this, Examhq will still be entitled to use its rights and remedies at a later date or in any other situation where you breach this Agreement.
14.5 This Agreement shall be governed by English law.
14.6 We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this agreement you must do so in the United Kingdom.