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Privacy Policy

Pro22one Limited: Terms of Use

 

  1. Introduction

 

The ExamBud mobile app (the App) is owned and operated by Pro22one Limited (we, us). By using the App you agree to be bound by these terms (the Terms) together with the privacy and cookie policy accessible in the App (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie Policy, do not use the App. If you have any questions, you can contact us at support@exambud.com.

 

We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

 

  1. Eligibility

 

To download the App you must be at least 18 years old or older.

 

You can access on the App through your Facebook, Twitter or Google+ account.  You agree that we will access certain information from that account when you use those accounts to access the App.

 

  1. Paid Subscriptions

 

We may from time to time include content on the App that you can only access if you have a paid subscription.   Your right to access paid subscription content shall commence immediately on receipt of the fee, and accordingly, you therefore agree that you have no right to cancel your paid subscription and claim a refund once you have paid the fee. Your statutory rights as a consumer are not affected. A fee is due on a monthly basis for paid subscriptions and you can terminate the next monthly fee at any time provided you give us at least 5 days’ notice before the next monthly fee is due.

 

We may from time to time offer free trials for paid subscriptions, and if we do so, we shall notify you at the end of the free trial to notify you that we will take payment from you to enable you to continue to access the paid subscription content.  If you do not wish to continue to access the paid subscription content then you should promptly notify us, and in any event at least 5 days’ notice before the date set out in the notification for receipt of the first payment.

 

 

  1. User Content

 

The App enables users to upload content (User Content) and view the User Content uploaded by other users.  For example, you can:

 

  • create a profile
  • upload content relating to examinations including questions and answers; and
  • communicate on our forums or through direct messages with other users.

 

All User Content may be viewed by other users of the App.

 

You agree that we can use User Content for any purpose, and combine User Content with other content for use within the App and otherwise. We do not have to attribute User Content to the user who first provided that User Content.

 

You must have the right to upload User Content to the App. This means that you either own the copyright, or have permission from the copyright owner to upload User Content.   You must also not upload User Content if you have an obligation to keep that User Content confidential.

 

In addition, your User Content must not:

  • be defamatory, obscene or offensive;
  • involve the transmission of junk mail or spamming messages;
  • be illegal, dishonest, false, inaccurate or misleading;
  • incite hatred of any sort or include or advocate or incite any form of violence
  • contain any virus or malicious code;
  • be abusive, violent, threatening or insulting, or advocate racism, sexism or other forms of discrimination
  • intentionally harass, humiliate or alarm any other user
  • include illicit, pornographic or overtly sexual content
  • try to obtain personal identifying information from other users without their explicit consent
  • portrays people or animals being physically harmed, tortured or abused
  • include images of another person without their permission; and/or
  • give rise to any cause of action against us whatsoever.

 

We are not responsible and accept no liability for User Content. You shall indemnify and keep indemnified us, our directors, representatives and agents from and against all direct and indirect costs, claims, losses, expenses, damages and liabilities that may be incurred as a result of any breach of the rules set out in this Condition 4.

We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove and/or edit any User Content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any User Content.  We also do not promise that your User Content will not be lost or corrupted, although we shall do our best to keep your User Content secure.

 

If you believe any User Content infringes your copyright, you may submit a notice to us including the following information:

 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed;
  • identification of the copyright work claimed to have been infringed;
  • identification of the material that is claimed to be infringing;
  • information reasonably sufficient to enable us to contact you, including your name, email and/or postal address;
  • a statement that you have, in good faith, a belief that use of the material within the App is not authorised by the copyright owner, its agent and/or the law; and
  • a statement that the information in the notice is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. Our Content

 

The copyright in all material contained in the App including all information, data, text, images, and all source code and other software is owned by or licensed to us (Our Content). All rights are reserved. You can view, print or download extracts of the Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.

 

  1. Interaction with other users

You understand that we do not investigate the backgrounds of any users or check the information provided by its users.  You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside the App or meet in person.

We shall have no liability to you whatsoever in relation to your interactions with other users of the App.

 

  1. Third party content

 

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

 

  1. Use of the App

 

When you use the App you must comply with all applicable laws. In particular, but without limitation, you agree not to:

 

  • try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;

 

  • use the App in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the App; and/or

 

  • save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the App.

 

You can use the App for your personal studying only.  You cannot copy User Content and/or our Content for any commercial purposes whatsoever.

 

  1. Liability

 

We warrant that the App is of satisfactory quality, fit for purpose and as described. Otherwise, the App and Our Content is provided on an “as is” basis.

 

You agree that the App provided for information only. We will not be liable for any damage you suffer as a result of:

  • your use of that App unless that damage is reasonably foreseeable as a result of such use, and subject always to the provisions of these Terms;
  • the act or omission of any other user; and/or
  • an event beyond our control.

Your statutory rights as a consumer are not affected.

 

  1. Availability

 

We shall use reasonable endeavours to make the App available at all times, but you acknowledge that there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

We reserve the right to remove any content or features from the App for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances, save to refund pro-rata any fees paid in advance in respect of any significant content or features suspended or stopped that you previously accessed and used.  We shall calculate such pro-rata refund at our sole discretion, provided that we shall act reasonably in doing so.

 

  1. Termination

 

We may suspend or delete your account if:

 

  • you have breached any provision of these Terms;
  • we cannot verify or authenticate any information you provide to us; and/or
  • we determine that your conduct could damage our reputation.

 

If we delete your account:

 

  • you must cease to use the App;
  • you may not re-register under a different name; and
  • you acknowledge that your User Content may be deleted.

 

You may terminate your account at any time by deleting the App, or by contacting us at support@exambud.com.

 

  1. General

 

These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement between us concerning your use of the App. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

You consent to receive all communications including notices and other information from us electronically. We may provide all such communications by email, text or by posting them on the App.

 

  1. Complaints

 

If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr

 

These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

 

  1. Additional Terms for Users who download the App from the Apple iTunes App Store

 

We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the Content.  The license granted to you for the App is limited to a non- transferable license to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.  We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.  We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

Last updated: July 2018

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