ACCEPTABLE USE POLICY

This document (together with the documents referred to in it) sets out the policy pursuant to which Examtime Limited (“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, access to databases and content (“the Service”).

This policy applies to all users of, and visitors to, our Service. Your use of our Services means that you accept, and agree to abide by, all the policies in this policy.

This policy should be viewed together with our Terms and Conditions and our Privacy Policy .

1. ACCESSING THE SERVICE

Access to our Service is permitted with our consent, and we reserve the right to withdraw or amend the service we provide on our Service without notice. We will not be liable if for any reason our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Service, or our entire Service. You are responsible for making all arrangements necessary for you to have access to our Service.

2. PROHIBITED USES

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 warranties.

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.

3. INTERACTIVE SERVICES

We may from time to time provide interactive services on the Service, including, without limitation:

Chat rooms.
Bulletin boards (interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

4. BREACH OF COPYRIGHT

At GoConqr, respecting the intellectual rights of others is very important to us. As a member of GoConqr, we request that you respect others intellectual rights too.

4.1 Copyright Infringement Notice

If you feel that your copyright has been infringed by a user of the Service you must provide a written communication (by registered post and email) that sets forth the following:

  • Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works in the Service are covered by a single notification please provide a representative list of the works.
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity. All information sufficient to permit the company to locate the material. This should be a url for each material.
  • Your contact details. This should include Name, Address, Contact Phone Number and email address.
  • Any information to allow us to verify the copyright status of the work you claim has been infringed (for example, a copy of the copyright registration for the work).
  • Statement by you, stating that you have a good faith belief that the disputed use of the work is not authorised by the intellectual property owner, its agents, or the law;
  • Statement by you stating that, under penalty of perjury, the information provided in your notice is accurate and that you are the intellectual property owner or are authorised to act on behalf of the owner;
  • Electronic or physical signature of the person authorized to act on behalf of the copyright holder.

Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that your copyrights are being infringed. We would therefore recommend that you contact a legal advisor prior to communicating with the Company.

Please be aware that GoConqr regards this procedure as our compliance with the requirements of the Digital Millennium Copyright Act, commonly known as “DMCA”. If we receive a valid infringement Notice from a copyright or trademark owner that meets all of the requirements listed above, we comply with the law and remove the content from our site.

We will also provide the User who posted the allegedly infringing material with a Notice of Copyright Infringement informing them that we have removed or disabled access to that material. GoConqr has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false

The user who posted the content has a legal right to submit a Counter-Notice if they believe that the content was misidentified as infringing or was removed by mistake. If we receive a complete Counter-Notice, we’ll forward it to you. Then, it’s up to you to take further legal action to protect the work. The law gives you 10 days to let us know you’ve done so. Otherwise, we have to allow the individual to repost the content.

4.2 Copyright Counter-Notice Process

We will notify you at your registered e-mail address if we receive a takedown notice regarding content you have uploaded. If you wish to submit a counter-notice in accordance with the procedure set out in the DMCA requesting that the content be restored to the GoConqr website, you need to very carefully consider whether you are in fact infringing the complainant’s rights because for the purposes of any such counter-notice under the DMCA you may be required to provide, among other things, the following items:

  • Your name, address and phone number;
  • Identification of the material on GoConqr and its location before it was removed;
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed by mistake or misidentification;
  • Your consent to local federal court jurisdiction if you are in the United States or, if you are in the EU or overseas, your consent to the jurisdiction of the courts of Ireland; and
  • Your physical or electronic signature.

4.3 After You Submit Your Counter-Notice

If your notice includes all of the above information, we’ll forward it to the folks who sent the original notice. Then they’ll have 10 days to let us know if they’ve initiated further action to legally protect their work. If so, we have to respect that and your material will remain blocked from the site. If we don’t receive anything from them, we’ll put your resource back up at the end of that 10 day period.

4.4 Copyright Correspondance

All notification should be sent to:

Copyright Notification Officer,
Examtime Limited,
2nd Floor,
Unit 2B, Parkview House,
Beech Hill Office Campus,
Clonskeagh
Dublin 4,
Ireland.

Or

support@goconqr.com

5. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We do not however own the content of any account, the account of any other user or the content of any material featuring in an interactive service such as a chat room or bulletin board (the “User Generated Content”).

You may print off one copy, and may download extracts, of any page(s) from our Service for your personal reference and you may draw the attention of others to material posted on our Service. Any copyright and other proprietary notices contained therein must be retained.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Service, other than the User Generated Content, must always be acknowledged.

You must not use any part of the materials on our Service for commercial purposes without obtaining a separate written licence to do so from us or our licensors. If you print off, copy or download any part of our Service in breach of these terms of use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Service including User Generated Content are not intended to amount to advice on which reliance should be placed. We cannot warrant that any User Generated Content or other information on our Service will be accurate, complete or error free. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any subscriber or visitor to and user of our Service or by anyone who may be informed of any of its contents.

We aim to update our Service regularly, and may change the content at any time. User Generated Content is updated by the users of our Service and not by us. If the need arises, we may suspend access to our Service or close it indefinitely. Any of the material on our Service including the User Generated Content may be out of date at any given time, and we are under no obligation to update such material.

7. ADVERTISING

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 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 Service. 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 Service, 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 Service 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.

8. MOBILE SERVICES

The Service may be 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 Service 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 Service 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.

9. LIMITATION OF LIABILITY

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.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

10. LINKING TO OUR SERVICE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our homepage from any website that is not owned by you.

Our Service must not be framed on any other site, nor may you create a link to any part of our Service other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards set our Terms and Conditions . If you wish to make any use of material on our Service other than that set out above, please address your request to contactus@goconqr.com.

11. LINKS FROM OUR SERVICE

We may also provide links on our Service 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 Service, or from companies to whose website we have provided a link on our Service, 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.

12. TRADE MARKS

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.

13. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SERVICE

We process information about you in accordance with our Privacy Policy . By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.

14. TRANSACTIONS CONCLUDED THROUGH OUR SERVICE

Contracts for subscriptions or in relation to opening an account or other services provided through our Service or as a result of visits made by you are governed by the Terms and Conditions .

15. JURUSDICTION AND APPLICABLE LAW

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use 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) shall be governed by and construed in accordance with the law of Ireland.

16. CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time. You are expected to check our Terms and Conditions and our Privacy Policy from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Service.

This acceptable use policy was last updated on 27th March 2015.

17. YOUR CONCERNS

If you have any concerns about material which appears on our Service, please contact us at contactus@goconqr.com.

We are incorporated in Ireland under company number 495899 and have our registered office at 2nd Floor, Unit 2B, Parkview House, Beech Hill Office Campus, Clonskeagh, Dublin 4. Our main trading address is 2nd Floor, Unit 2B, Parkview House, Beech Hill Office Campus, Clonskeagh, Dublin 4. Our VAT number is 9779563V.