This document (together with the documents referred to in it) sets out the Terms and Conditions pursuant to which Examtime Limited, Trading as GoConqr (“we”) supply any and all of the services made available on our websites www.examtime.com and www.goconqr.com or any and all of our other related websites, any and all of their subdomains, any and all of their mobile versions, any and all of their Mobile Applications, access to databases and content and the opportunity to create and share content and the opportunity to create and participate in Groups, Forums and Discussions (“the Service”).
Please read these Terms and Conditions carefully and ensure that you understand them before subscribing for the Services or opening an account from our site.
You should understand that by using the Service, subscribing for the Services or opening an account you agree to be bound by these Terms and Conditions.
Please understand that if you refuse to accept these Terms and Conditions you will not be able to subscribe for the Services or open an account from our site.
Registration is not required to visit the Service’s websites. However you will be required to register to access certain services.
In order to register you, the user (“you”), warrant or promise that:
We reserve the right to refuse registration, to refuse access to the Service or to terminate a registration for any user and to change the eligibility requirements at any time.
As part of our single sign-on process you authorise us to provide access to the Service through web browser, mobile or other means.
The contract is formed by Examtime Limited offering you (the “User”) the opportunity to subscribe to use the Service and your acceptance of this offer by agreeing to these Terms and Conditions.
You may not transfer, assign, charge or otherwise dispose of your subscription, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of your subscription, or any of our rights or obligations arising under it, at any time during the term of the subscription.
As a user you may close your account and cancel the Service without giving a reason at any time. To close your account you click on the Cancel Account button in the Account Section of the website.
Please note that by cancelling your account you will be unable to use the service or access the data in your account in the future.
We reserve the right to delete any user account which has been closed or lays dormant for six months or more.
Only one user is permitted per membership account.
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage for your failure to comply with this security obligation.
You may not use the Service for any illegal purpose or to violate any laws in any jurisdiction (including but not limited to copyright laws).
You may not use the Service to transmit, directly or indirectly, any spam or other form of unsolicited bulk communications. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
You agree to defend, indemnify and hold harmless Examtime Limited, its contractors and is licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including any legal fees, arising out of your use of the Service, including but not limited to your violation of any representation or warranty contained in these Terms and Conditions.
If you use Examtime’s Embed function on your website, you may not modify, build upon, or block any portion or functionality, including but not limited to links back to our Service.
You may not submit, offer links from, share, post or transmit through the Service any material, or otherwise engage in any conduct that contains viruses, Trojan horses, worms, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network.
The trademarks and logos (the “Trademarks”) used in any part of the Service are the registered trademarks of Examtime Limited and are protected pursuant to EU, US and International Trademark laws. All right are reserved and you may not alter or obscure the Trademarks or link to them without our prior written approval.
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, posts and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.”
When creating content you have the option of marking it Public or Private. You are responsible for any and all content created and activity that is created under your account (even when posted by others using your account). You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content, or any content that breaches proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party.
If you choose to post content on the websites public libraries you grant Examtime Limited, its staff and subscriber base a world-wide, perpetual, right (with right to sub licence) to use, copy, reproduce, process, adapt modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now or later developed). You acknowledge that content posted to our Public and shared library is done on a royalty-free licence basis.
The content offered on the Service is provided “as-is” by others and made available for research, reference, informational and entertainment purposes only. We have no duty to pre-screen content, although we may do so in our sole discretion and without liability to you. We do not condone, encourage, or knowingly take part in plagiarism, unauthorized copying or redistribution of content or any other acts of academic fraud or dishonesty. We reserve the right to remove content from the Service for any reason, but we are not responsible for any failure or delay in removing such material.
We provide the Service “as-is”, “with all faults” and “as available”.
We warrant to and promise you that we will use our reasonable endeavours to maintain operation of the Services and rectify faults as quickly as practicable. However we do not promise that our Services will be available without interruption or at any particular time. We may have to suspend operation of the Services from time to time without giving you prior notice in order for repair, carry out maintenance, or deploy improvements to our web site or the Services or other technical reason. If so, we will do our best to ensure that the suspension or interruption is as short as possible. We cannot accept liability in relation to any loss suffered by you resulting from any such suspension or interruption caused by circumstances outside our control. In addition we cannot guarantee that the Services will work with or can be accessed by you using any particular hardware or software including operating systems or in conjunction with any particular computer equipment, computer software or connectivity services. We do not accept liability for any such equipment, software or services.
You understand and agree that you download or otherwise obtain material or data through the use of the Service at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
The Service may from time to time be supported by advertising revenue and offers from certain third party sellers for services and products which may be of interest to you. Such advertisements may be targeted to information provided by you or content created or accessed by you.
Please note that we do not accept orders in relation to such services and products on behalf of third party sellers on our site. We are not agents for such third party sellers. If you decide to purchase such services and products any resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions as we accept no responsibility for such third party sellers.
Where you buy any product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked website or featured in any advertising, and the company will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers or products or services.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give you any undertaking or promise that any products or service you purchase from such third party sellers identified on our site, or from companies to whose website we have provided a link on our site, will be of satisfactory or merchantable quality or fit for a particular purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
The Service is available via mobile devices and applications. We may provide without limitation the ability from such devices and applications to access your account, upload content to the Site and to send and receive messages, instant messages, Materials, and other types of communications that may be developed (collectively the “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. When available, by using any Mobile Services, you agree that we may communicate with you regarding the Company and the Site by multimedia messaging service, short message service, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Except as otherwise expressly stated, in no event will we, our suppliers or our licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if we, its suppliers or its licensors were expressly advised of the possibility of such damages.
In no event will the aggregate liability for any and all of your claims against Examtime Limited, our suppliers and our licensors arising out of or related to use of the Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Examtime Limited during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this clause represents a reasonable allocation of risk.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to EXAMTIME LIMITED at email@example.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, signing up for the service, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations in relation to a subscription or a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: impossibility of the use of public or private telecommunications networks; strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the subscription or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Communication and Notification clause above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and Terms and Conditions in force when you accept the offer from us (by agreeing to these Terms and Conditions), unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders or subscriptions previously placed by you).
Contracts in relation to the Services and any subscriptions in relation to the Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts and any subscriptions or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ireland.
While the Company will make its best endeavours to provide the best quality service available in all locations it makes no representation that the Service is appropriate or available for use in other locations. Those who access the service or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Any changes that we may make our Terms and Conditions in the future will be posted on this page.
This page was last updated on 09/12/16.
We operate the Service. We are EXAMTIME LIMITED. We are incorporated in Ireland under company number 495899 and have our registered office at 6a Carrickbrennan Road, Monkstown, Co Dublin, Ireland. Our main trading address is 6a Carrickbrennan Road, Monkstown, Co Dublin, Ireland. Our VAT number is 9779563V.
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