Terms & Conditions

 

Last Updated: 03 January 2017

These terms and conditions create a contract between you and School Reviewer Limited whose registered office address is Cobham House, 1 High St, Cobham Surrey KT11 9EE England (“School Reviewer”). ‘SchoolExams.co.uk’ is a registered trade name of School Reviewer.

A. INTRODUCTION TO OUR SERVICES

This Agreement governs your use of School Reviewer’s services (“Services”), through which you can buy, get, license, rent or subscribe to media, videos, ebooks, papers and other digital media material and content. (“Content”). Our Services are: www.schoolexams.co.uk Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

B. USING OUR SERVICES

PAYMENTS, TAXES, AND REFUNDS

You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and School Reviewer, and/or you and School Reviewer who is the merchant of record; this means that you acquire the Content from School Reviewer and it is licensed by School Reviewer. When you make your first Transaction, we may ask you to choose how frequently we should ask for your password for future Transactions. When available, if you enable Touch ID (where available) for Transactions, we will ask you to authenticate all Transactions with your fingerprint. Manage your password settings at any time by following instructions through our website. School Reviewer will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by School Reviewer. From time to time, School Reviewer may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles School Reviewer to a corresponding counterclaim.

SCHOOL REVIEWER ID

Using our Services and accessing your Content requires registration with School Reviewer. Your School Reviewer ID is valuable, and you are responsible for maintaining its confidentiality and security. School Reviewer is not responsible for any losses arising from the unauthorized use of your School Reviewer ID. Please contact School Reviewer if you suspect that your School Reviewer ID has been compromised.

You must be age 16 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create a School Reviewer ID and use our Services. School Reviewer IDs for persons under this age can be created by a parent or legal guardian using Family Sharing or by an approved educational institution.

PRIVACY

Your use of our Services is subject to School Reviewer’s Privacy Policy, which is available on our website.

SERVICES AND CONTENT USAGE RULES

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. School Reviewer may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

All Services:

  • You may use the Services and Content only for personal, non-commercial purposes (except as set forth below).
  • School Reviewer’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
  • You can use Content from up to five different School Reviewer IDs on each device.
  • It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.
  • You may not tamper with or circumvent any security technology included with the Services.
  • You may access our Services only using School Reviewer’s software, and may not modify or use modified versions of such software.

REDOWNLOADS

You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same School Reviewer ID (“Associated Devices”).

Associated Devices Rules: You can a maximum of 5 devices signed in with your School Reviewer ID at one time. Each computer must also be authorized using the same School Reviewer ID. Devices can be associated with a different School Reviewer ID once every 90 days.

SUBSCRIPTIONS

Where applicable, the Services may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.

CONTENT AND SERVICE AVAILABILITY

Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you unless and until they become available to you.

C. YOUR SUBMISSIONS TO OUR SERVICES

Our Services may allow you to submit materials such as comments, blogs, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with our guidelines which may be updated from time to time. If you see materials that do not comply with the Guidelines, please report this to us. You hereby grant School Reviewer a worldwide, royalty-free, perpetual, non-exclusive license to use the materials you submit within the Services and related marketing. School Reviewer may monitor and decide to remove or edit any submitted material.

Guidelines: You may not use the Services to:

  • post any materials that you do not have permission, right or license to use;
  • post objectionable, offensive, unlawful, illegal, deceptive or harmful content;
  • post personal, private or confidential information belonging to others;
  • request personal information from a minor;
  • impersonate or misrepresent your affiliation with another person, or entity;
  • post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
  • plan or engage in any illegal, fraudulent, or manipulative activity.

LICENSED APPLICATION END USER LICENSE AGREEMENT

All purchases made by you are through the School Reviewer websites and any associated websites including SchoolExams.co.uk are licensed, not sold, to you. Your license to any School Reviewer product App under this Agreement is granted by School Reviewer. School Reviewer (the “Licensor”) reserves all rights in and to the product purchased by you.

a. Scope of License: Licensor grants to you a non-transferable license to use the Licensed product or any School Reviewer-branded products that you own or control and as permitted by this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, you may not distribute or make the licensed product available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed product and, if you sell your Device to a third party, you must remove the Licensed product from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed product, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed product. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.

d. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED PRODUCT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

e. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred pounds UK sterling or equivalent (£100.00GBP). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

f. You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of the United Kingdom or such other jurisdiction as may be applicable and the laws of the jurisdiction in which the Licensed Application was obtained.

g. The Licensed Application and related documentation are protected by copyright laws worldwide

h. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and School Reviewer shall be governed by the laws of the United Kingdom. You and School Reviewer agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom to resolve any dispute or claim arising from this Agreement. If (a) you are not a UK citizen; (b) you do not reside in the UK; (c) you are not accessing the Service from the UK; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES

DEFINITION OF SCHOOL REVIEWER

“School Reviewer” means: School Reviewer Limited of Cobham House PO Box 380 Cobham Surrey KT11 9EE United Kingdom;

CONTRACT CHANGES

School Reviewer reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

THIRD-PARTY MATERIALS

School Reviewer is not responsible or liable for third party materials included within or linked from the Content or the Services.

INTELLECTUAL PROPERTY

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by School Reviewer and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non-commercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

The School Reviewer and SchoolExams.co.uk names, the School Reviewer logo and the SchoolExams.co.uk logo, and other School Reviewer and SchoolExams.co.uk trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of School Reviewer Limited in the UK and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

COPYRIGHT NOTICE

If you believe that any Content available through the Services infringe a copyright claimed by you, please contact School Reviewer via our website:

TERMINATION AND SUSPENSION OF SERVICES

If you fail, or School Reviewer suspects that you have failed, to comply with any of the provisions of this Agreement, School Reviewer may, without notice to you: (i) terminate this Agreement and/or your School Reviewer ID, and you will remain liable for all amounts due under your School Reviewer ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.

School Reviewer further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and School Reviewer will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

SCHOOL REVIEWER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SCHOOL REVIEWER MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY SCHOOL REVIEWER) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL SCHOOL REVIEWER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, SCHOOL REVIEWER'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

SCHOOL REVIEWER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE SCHOOL REVIEWER FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

SCHOOL REVIEWER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE SCHOOL REVIEWER FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

SCHOOL REVIEWER IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION.

WAIVER AND INDEMNITY

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SCHOOL REVIEWER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY SCHOOL REVIEWER AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM SCHOOL REVIEWER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SCHOOL REVIEWER'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

GOVERNING LAW

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and School Reviewer, and all Transactions on the Services shall be governed by the laws of the United Kingdom or such other territory relevant to the transaction which School Reviewer may nominate at its sole discretion. You and School Reviewer agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom to resolve any dispute or claim arising from this Agreement. If (a) you are not a UK citizen; (b) you do not reside in the UK; (c) you are not accessing the Service from the UK; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

OTHER PROVISIONS

This Agreement constitutes the entire agreement between you and School Reviewer and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and School Reviewer. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. School Reviewer's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. School Reviewer will not be responsible for failures to fulfil any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No School Reviewer employee or agent has the authority to vary this Agreement.

School Reviewer may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. School Reviewer may also contact you by email or push notification to send you additional information about the Services.

You hereby grant School Reviewer the right to take steps School Reviewer believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that School Reviewer has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as School Reviewer believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to School Reviewer's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).

Children under the age of 17 should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.

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