Paid Subscription Service Terms and Conditions

These Paid Subscription Service Terms and Conditions are in addition to 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, the opportunity to create and share content and the opportunity to create and participate in Groups, Forums and Discussions (“the Service”).

For purposes of this Agreement, a User who pays for any portion of the Site or Service shall be referred to as Paid Subscriber. As a paid subscriber, you must agree to the payment terms presented to you at the time you sign up on for the paid subscription service. Additional conditions detailed in Section 10 below apply to Paid Subscribers on a SmartShare plan.The purchase of a SmartShare plan enables users to distribute content and receive reporting on results. The Paid Subscriber is responsible for ensuring that all users of their plan abide by these terms and conditions.

1. Subscription payment

The GoConqr Premium service can be subscribed for through a Web Browser or via Mobile through the App Store or Google Play. The GoConqr SmartShare plan can be subscribed for through a web browser or by agreement with a representative of GoConqr.

1a. Subscribing through a Web Browser

When subscribing via a web browser, you will be asked to supply certain financial information including, without limitation, credit card information. You understand that any such information will be treated by ExamTime Limited and its payment service providers in the manner as required in EU legislation. You represent that all information that you provide to ExamTime Limited will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and/or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. For subscribers outside the EU, liability for VAT or other consumer taxes levied in your locality will rest with the subscriber.

By subscribing as a paid subscriber you agree that we are authorised to charge you a recurring fee, plus any applicable taxes or other charges as may be required, when due and payable. Fees and charges are payable before the paid Subscription Service is activated. Regardless of the method of payment, it is your sole responsibility to advise ExamTime Limited of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or Service; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder.

A confirmation email will be issued to you confirming your transaction. Your transaction will also appear on your credit card statement. Please keep the email confirmation as evidence of your subscription.

1b. Subscription through a Mobile App Service

When subscribing through a mobile app service the payment will be processed by the Service Provider and you agree to be bound by the terms and conditions of the service provider.

2. Renewal

2a. Subscribing through a Web Browser

Your paid subscription will automatically renew on the anniversary (monthly or annual) of the date when you first subscribed to the service.

Subscribers can upgrade or downgrade their subscription at any time (see Section 6). Please check your initial subscription confirmation email to ascertain your initial date of subscription.

You are responsible to ensure that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorised to use it. If the Company cannot charge your credit card, we may cancel or suspend your subscription and you may lose access to the Service and any data associated with your subscription.

2b. Subscription through a Mobile App Service

Your subscription will automatically be renewed by your Service Provider on the anniversary of the date when you first subscribed to the service.

Subscribers can downgrade their subscription at any time (see Section 6). This must be done via the Service Provider through which you purchased the mobile application.

You are responsible for ensuring that all payment details required by your Service Provider are up to date at the time of renewal. If payment is not received by the Service Provider than your Subscription may be suspended and you may lose access to the Service and any data associated with your subscription.

3. Coupons and promotions

You acknowledge that the amount billed to your Card account each month or year may vary due to coupons or other promotions. For example, your paid subscription service may begin at a special discounted rate, followed by a higher price after the promotional rate has ended. You agree to accept responsibility for all payments specified in any promotion.

4. Termination

ExamTime Limited reserves the right to terminate you subscription at any time and to refund to you the unused portion of your subscription.

5. Changes in the service offered

At Renewal Examtime Limited reserves the right to change the price of the subscription service that you have signed up for. Changes will be advised to you a minimum of 14 days prior to your renewal date. Where changes in price are implemented the subscriber will have the option to downgrade or opt-out of the paid Subscription Service by following the instructions provided with the notification of the change in price.

6. Cancellations

6a. Premium Creator

You may cancel your Web Browser paid subscription service at the end of your current subscription service period (monthly or yearly) by selecting Downgrade plan under ‘Subscription and Usage’ in your account managment area.

Cancellation of the Paid Subscription Service will take effect at the end of the current billing period for which advance payment has been made. Up to the end of the current billing period access to the subscription service will remain in place. At the renewal date you will be switched to the reduced plan of your choice. You will be subject to the quotas and features on the reduced plan. Cancellation of a Mobile Subscription must be done via the Service Provider through which you purchased the Subscription.

6b. Upgrades, Downgrades and Cancellation of SmartShare Plans

Upgrades: You may upgrade your SmartShare plan at any time. Under the Account Information section of your Campus Management area, select the plan you wish to upgrade to. After you have confirmed your billing details and made payment, your account will reflect the increase in quotas. You will be charged the pro-rated difference from the original plan. On future renewal dates, you will be charged the price of the new plan.

Downgrades: You may downgrade your SmartShare plan at any time. Under the Account Information section of your Campus Management area, select the plan you wish to downgrade to. Up to the end of the current billing period, access to the higher SmartShare plan will remain in place. At the renewal date you will be switched to your selected reduced plan. You will be subject to the quotas and features of the reduced plan. Downgrading to a Basic plan constitutes a SmartShare plan cancellation.

Cancellation: You may cancel your SmartShare plan at any time. Under the Account Information section of your Campus Management area, choose to downgrade to a Basic plan. Cancellation of the SmartShare subscription will take effect at the end of the current billing period. Up to the end of the current billing period, access to the SmartShare plan will remain in place. At the renewal date you will be switched to a Basic user plan. You will be subject to the quotas and features of the reduced plan.

7. Refunds

All paid Subscription Service fees and charges are non-refundable unless the company fail to deliver the paid Subscription Service as promised. There shall be no refunds or credits for unused or partially used subscription periods.

8. Standalone Features

ExamTime Limited reserves the right to introduce additional features to existing services which may be included as a part of, or separately priced from, current levels of the paid Subscription Service.

9. Cooling off period

You agree that there is no cooling off period for the Paid Subscription Service, as the service will begin immediately after you have confirmed your subscription. As stated in the Code of EU Online Rights, Section II, Chapter 10, the right for withdrawal from a contract does not apply when a service has begun and you are notified and agree to these terms in advance of the commencement of the service.

10. SmartShare Service Terms

10.1 LICENCE RESTRICTIONS

The Customer may not:

10.1.1. licence, sub-licence, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the GoConqr Technology in any way;

10.1.2. modify or make derivative works based upon the Service or the GoConqr Technology;

10.1.3. "frame" or "mirror" any Content on any other server or wireless or Internet-based device;

10.1.4. reverse engineer or access the Service or the GoConqr Technology in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Service, copy any ideas, features, functions or graphics of the Service;

10.1.5. publish or distribute externally any results of any use of the Services for any form of benchmarking or software comparison purposes;

10.1.6. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

10.1.7. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or that violates any third party privacy rights;

10.1.8. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

10.1.9. interfere with or disrupt the integrity or performance of the Service or the data contained therein; or

10.1.10. attempt to gain unauthorised access to the Service or its related systems or networks.

10.2 SERVICE AND NETWORK AVAILABILITY

10.2.1. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. GoConqr is not responsible for any delays, delivery failures, or other damage resulting from such problems.

10.2.2. Periodically GoConqr may need to schedule maintenance periods and during such periods the Services will not be available to the Customer. GoConqr will endeavour that such maintenance is scheduled to ensure minimum disruption to the Customer.

10.2.3. GoConqr does not guarantee network availability between the Customer and the GoConqr hosting servers, as network availability can involve third parties and is beyond the control of GoConqr. GoConqr will not be liable for any downtime caused by its internet provider nor for any downtime that the Customer experiences as a result of its own network connectivity issues.

10.2.4. The Customer shall:

(a) obtain and shall maintain all necessary licences, consents, and permissions necessary for GoConqr, its contractors and agents to perform their obligations under the SmartShare Subscription terms, including without limitation the Services;

(b) ensure that its network and systems comply with the relevant specifications provided by GoConqr from time to time; and

(c) be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to GoConqr's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet

10.2.5. If the Customer experiences a service outage and is unable to access the Services, the Customer must immediately contact GoConqr's helpdesk and notify GoConqr of the service outage, providing all necessary information that may assist GoConqr's technical support in determining the cause of the outage.

10.3 ACCOUNT INFORMATION, LICENSED USERS & DATA

10.3.1. GoConqr does not own any data, information or material provided or submitted by or on behalf of the Customer or any Licensed User to GoConqr in the course of using the Service ("Received Data").

10.3.2. The Customer, not GoConqr, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Received Data.

10.3.3. In the event of any loss or damage to Received Data, the Customer's sole and exclusive remedy shall be for GoConqr to use reasonable commercial endeavours to restore the lost or damaged Received Data. GoConqr shall not be responsible for any loss, destruction, alteration or disclosure of Received Data caused by any third party (except those third parties sub-contracted by GoConqr to perform services related to Received Data maintenance and back-up).

10.3.4. GoConqr shall, in providing the Services, comply with its privacy policy relating to the privacy of the Received Data.

10.3.5. If GoConqr processes any personal data on the Customer's behalf when performing its obligations under the SmartShare subscription terms the parties record their intention that the Customer shall be the data controller and GoConqr shall be a data processor.

(a) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to GoConqr so that GoConqr may lawfully use, process and transfer the personal data in accordance with the SmartShare subscription terms on the Customer's behalf;

(b) the Customer shall ensure that the relevant third parties (including, but not limited to, Licensed Users, SmartLinks recipients, and users accessing a SmartEmbed link created by the Customer) have been informed of, and have given their consent to, such use, processing, and transfer to the extent required by any applicable data protection legislation; This includes providing information to users about the Customer’s privacy policy and a mechanism for obtaining consent;

(c) the Customer shall continue to ensure at all times that the Customer's use of the GoConqr service complies in all respects with the Customer's obligations under the data protection under the Data Protection Acts 1988 and 2003;

(d) GoConqr shall process the personal data only in accordance with the terms of the subscription terms and any lawful instructions reasonably given by the Customer from time to time; and

(e) Each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage;

(f) GoConqr shall store performance data accumulated through the use of a Smartshare plan for a period of 12 months after the end of the subscription, for the purposes of reactivating the SmartShare plan at the Customer’s Request.

10.3.6. In the event the SmartShare subscription is terminated (other than by reason of the Customer's breach), GoConqr will make available to the Customer a file of the Received Data within thirty (30) days of termination provided that the Customer lodges a request to receive the data within seven (7) days of termination.

10.3.7. Upon termination for cause, the Customer's right to access or use Received Data immediately ceases, and GoConqr shall have no obligation to maintain or forward any Received Data (excluding personal data, which shall be made available to the Customer within sixty (60) days of termination provided that the Customer lodges a request to receive the data within seven (7) days of termination).

10.3.8. GoConqr's Privacy Policy, Acceptable Use Policy, Copyright Policy and Guidelines for GoConqr Groups are available on GoConqr.

10.3.9. All Admin and Licensed Users will be required to agree to company's Terms and Conditions prior to being provided access to their account. The Customer confirms that all Admin and Licensed Users will adhere to the GoConqr's Privacy Policy, Acceptable Use Policy, Copyright Policy, and Guidelines for GoConqr Groups as set out on GoConqr.

10.4 DISCLAIMER OF WARRANTIES

10.4.1. GoConqr and its licensors make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. GoConqr and its licensors do not represent or warrant that (A) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (B) the service will meet the customer's requirements, (C) any stored data will be accurate or reliable, (D) the quality of any products, services, information, or other material purchased or obtained by the customer through the service will meet the customer's requirements or expectations, (E) errors or defects will be corrected, or (F) the service of the server(s) that make the service available are free of viruses or other harmful components.

10.4.2. The Service and all Content are provided to the customer strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights are disclaimed to the maximum extent permitted by law by GoConqr and its licensors.

10.5 LIMITATION OF LIABILITY

10.5.1. The total liability of GoConqr, whether in contract, tort or otherwise and whether in connection with the SmartShare subscription of any collateral contract, shall in no circumstances exceed a sum equal to the fees received by GoConqr from the customer in the twelve (12) month period prior to the date of any claim by the customer.

10.5.2. In no event shall either party and/or its licensors be liable to anyone for any loss of data, revenue, profits, use or other economic advantage, or for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the Service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.

10.6 LICENSEE INDEMNITY

The Customer shall indemnify and hold GoConqr, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

(a) a claim alleging that use of the Received Data infringes the rights of, or has caused harm to, the party that supplied the Received Data or a third party;

(b) a claim, which if true, would constitute a violation by the Customer of its representations and warranties; or

(c) a claim arising from the breach by the Customer or any authorised or user on the SmartShare subscription plan, provided in any such case that GoConqr: (1) gives written notice of the claim promptly to the Customer; (2) gives the Customer sole control of the defence and settlement of the claim (provided that the Customer may not settle or defend any claim unless the Customer unconditionally releases GoConqr of all liability and such settlement does not affect GoConqr's business or Service); (3) provides to the Customer all available information and assistance; and (4) has not compromised or settled such claim.

11. Legislation

Examtime Limited is a Republic of Ireland registered company. The Registered Office of the company is 2nd Floor, Unit 2B, Parkview House, Beech Hill Office Campus, Dublin 4, Ireland. 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.

Examtime Limited adheres to all Irish and European legislation with regard to Consumer Protection and Data Protection.

12. Changes to our Terms and Conditions

Any changes that we may make to our terms and conditions in the future will be posted on this page. This page was last updated on 11/10/17.

13. Billing questions can be directed to:

Customer Service Department ExamTime Limited 2nd Floor, Unit 2B, Parkview House, Beech Hill Office Campus, Dublin 4, Ireland, billing@goconqr.com