These Terms and conditions (“Terms”) were last updated
on 26th October, 2020
We at EPL-UK Ltd (t/as ExamResources.com). (“ExamResources.com”, “ExamResources.co.uk”, “EPL-UK”, “we”, “us”)
need rules to keep our
platform and services safe for you, us and our student and instructor (“Instructor”, “Contributor”)
community. These Terms apply to all your activities on the ExamResources.com website, mobile applications and other related services (“Services”).
Table of
content
1. Accounts
2. Resource purchases
3. Payments, Credits and Refunds
4. Content and Behaviour Rules
5. Our Rights to content you post
6. Using ExamResources.com at your own risk
7. Our Rights
8. Miscellaneous Legal Terms
9. Dispute Resolution
10. Updating these terms
11. How to contact us
1.
Accounts
You need an
account for most activities on our platform. Keep your password somewhere safe,
because you’re responsible for all activity associated with your account. If
you suspect someone else is using your account, let us know by contacting our
Support Team. You must have reached the age of consent for online services in
your country to use ExamResources.com.
You need an
account for most activities on our platform, including to purchase and use any
exam resource courses. When setting up and maintaining your account, you must
provide and continue to provide accurate and complete information, including a
valid email address.
You have
complete responsibility for your account and everything that happens on your
account, including for any harm or damage (to us or anyone else) caused by
someone using your account without your permission. This means you need to be
careful with your password. You may not transfer your account to someone else
or use someone else’s account. If you contact us to request access to an
account, we will not grant you such access unless you can provide us with the
information that we need to prove you are the owner of that account. In the
event of the death of a user, the account of that user will be closed.
You may not
share your account login credentials with anyone else. You are responsible for
what happens with your account and ExamResources.com will not intervene in
disputes between students or instructors who have shared account login
credentials. You must notify us immediately upon learning that someone else may
be using your account without your permission (or if you suspect any other
breach of security) by contacting our Support Team. We may request some
information from you to confirm that you are indeed the owner of your account.
Students and
instructors must be at least 18 years of age to create an account on ExamResources.com
and use the Services. If you are younger than 18 but above the required age for
consent to use online services where you live (for example, 13 in the US or 16
in Ireland), you may not set up an account, but we encourage you to invite a
parent or guardian to open an account and help you purchase exam resource
courses that are appropriate for you. If you are below this age of consent to
use online services, you may not create a ExamResources.com account. If we
discover that you have created an account that violates these rules, we will
terminate your account. Under our Instructor Terms, you may be requested to
verify your identity before you are authorized to submit a course for
publication on ExamResources.com.
You can
terminate your account at any time by doing so within your profile or by
contacting us at: support@examresources.com. Check our Privacy Policy to see
what happens when you terminate your account.
2.
Resource
purchases
When you purchase
an exam resource course, you get a license from us to view it via the ExamResources.com
Services and no other use. Don’t try to transfer or resell courses in any way.
We grant you a lifetime access license, except when we must disable the course
because of legal or policy reasons.
Under our
Instructor Terms, when instructors have a course or resource published on ExamResources.com,
they grant ExamResources.com a license to offer a license to the course or
resources to students. This means that we have the right to sublicense the
course to the students who purchase the exam resource course. As a student,
when you purchase an Exam resource course, whether it’s a free or paid course,
you are getting a license from ExamResources.com to view the course via the ExamResources.com
platform and Services, and ExamResources.com is the licensor of record. Courses
are licensed, and not sold, to you. This license does not give you any right to
resell the course in any manner (including by sharing account information with
a purchaser or illegally downloading the course and sharing it on torrent
sites).
In legal,
more complete terms, ExamResources.com grants you (as a student) a limited,
non-exclusive, non-transferable license to access and view the courses and
associated content for which you have paid all required fees, solely for your
personal, non-commercial, educational purposes through the Services, in
accordance with these Terms and any conditions or restrictions associated with
a particular courses or feature of our Services. All other uses are expressly
prohibited. You may not reproduce, redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, create derivative works of,
sublicense, or otherwise transfer or use any course unless we give you explicit
permission to do so in a written agreement signed by an ExamResources.com
authorized representative. This also applies to content you can access via any
of our APIs.
We generally
give a lifetime access license to our students when they purchase an Exam
resource course. However, we reserve the right to revoke any license to access
and use courses at any point in time in the event where we decide or are
obligated to disable access to a course due to legal or policy reasons, for
example, if the course you have purchased is the object of a copyright
complaint. The lifetime access is not applicable to add-on features and
services associated with a course. For example, translation captions of courses
may be disabled by instructors at any time, and instructors may decide at any
time to no longer provide teaching assistance or Q&A services in
association with a course. To be clear, the lifetime access is to the course
content but not to the instructor.
Instructors
may not grant licenses to their courses to students directly, and any such
direct license shall be null and void and a violation of these Terms.
3.
Payments,
Credits and Refunds
When you
make a payment, you agree to use a valid payment method.
3.1
Pricing
The prices
of Exam resource courses on ExamResources.com are determined based on the terms
of the Instructor Terms. In some instances, the price
of a course offered on the ExamResources.com website may not be exactly the
same as the price offered in other countries. Prices may vary from country to country.
We regularly
run promotions and sales for our courses and certain courses are only available
at discounted prices for a set period of time. The price applicable to a course
will be the price at the time you complete your purchase of the course (at
checkout). Any price offered for a particular course may also be different when
you are logged into your account from the price available to users who aren’t
registered or logged in, because some of our promotions are available only to
new users or existing users.
The listed
price currency may be based on the country where you are located. We do not enable
users to see pricing in other currencies.
If you are a
student located in a country where use and sales tax, goods and services tax,
or value added tax is applicable to consumer sales, we are responsible for
collecting and remitting that tax to the proper tax authorities. Depending on
your location, the price you see may include such taxes, or tax may be added at
checkout.
3.2
Payments
You agree to
pay the fees for exam resource courses that you purchase, and you authorize us
to charge your debit or credit card or process other means of payment for those
fees. ExamResources.com works with third party payment processing partners to
offer you the most convenient payment methods in your country and to keep your
payment information secure. Check out our Privacy Policy for more details.
When you
make a purchase, you agree not to use an invalid or unauthorized payment
method. If your payment method fails and you still get access to the course you
tried to purchase, you agree to pay us the corresponding fees within thirty
(30) days of notification from us. We reserve the right to disable access to
any course for which we have not received adequate payment.
3.3
Refunds and Refund Credits
If the exam
resource course you purchased is not what you were expecting, you can request,
within 7 days of your purchase of the course, that ExamResources.com apply a
refund to your account. We reserve the right to apply your refund as a refund
credit or a refund to your original payment method, at our discretion,
depending on capabilities of our payment processing partners, the platform from
which you purchased your course (website or mobile), and other factors.
No refund is due to you if you request it after the 7-day guarantee time limit
has passed. However, if a course you previously purchased is disabled for legal
or policy reasons, you are entitled to a refund beyond this 7-day limit. ExamResources.com
also reserves the right to refund students beyond the 7-day limit in cases of
suspected or confirmed account fraud.
To request a
refund, please contact our Support team. As detailed in the Instructor Terms, instructors
agree that students have the right to receive these refunds.
If we decide
to issue refund credits to your account, they will be automatically applied
towards your next course purchase on our website. Refund credits may expire if not
used within the specified period, and have no cash value, in each case unless
otherwise required by applicable law.
At our
discretion, if we believe you are abusing our refund policy, such as if you’ve
consumed a significant portion of a course that you want to refund or if you’ve
previously refunded a course, we reserve the right to deny your refund, ban
your account, and/or restrict all future use of the Services. If we ban your
account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive a
refund.
3.4 Gift
and Promotional Codes
ExamResources.com
or our partners may offer gift and promotional codes to students. Certain codes
may be redeemed to purchase eligible exam resource courses on
our platform, subject to the terms included with your codes. Other codes may be
directly redeemable for specific exam resource courses.
These codes
and credits, as well as any promotional value linked to them, may expire if not
used within the period specified in your ExamResources.com account. Gift and
promotional codes offered by ExamResources.com may not be refunded for cash,
unless otherwise specified in the terms included with your codes or as required
by applicable law. Gift and promotional codes offered by a partner are subject
to that partner’s refund policies.
4.
Content
and Behaviour Rules
You can only
use ExamResources.com for lawful purposes. You’re responsible for all the
content that you post on our platform. You should keep the reviews, questions,
posts, courses and other content you upload in line with the law, and respect
the intellectual property rights of others. We can ban your account for repeated
or major offenses. If you think someone is infringing your copyright on our
platform, let us know.
You may not
access or use the Services or create an account for unlawful purposes. Your use
of the Services and behaviour on our platform must comply with applicable local
or national laws or regulations of your country. You are solely responsible for
the knowledge of and compliance with such laws and regulations that are
applicable to you.
If you are
an instructor, you can submit courses for publication, you must abide by the
law and respect the rights of others: you cannot post any course, question,
answer, review or other content that violates applicable local or national laws
or regulations of your country. You are solely responsible for any exam resource
courses, content, and actions you post or take via the platform and Services
and their consequences. Make sure you understand all the copyright restrictions
set forth in the Instructor Terms before you submit any course for publication
on ExamResources.com.
If we are
put on notice that your course or content violates the law or the rights of
others (for example, if it is established that it violates intellectual
property or image rights of others, or is about an illegal activity) or if we
believe your content or behaviour is unlawful, inappropriate, or objectionable
(for example if you impersonate someone else), we may remove your content from
our platform. ExamResources.com complies with copyright laws.
ExamResources.com
has discretion in enforcing these Terms. We may terminate or suspend your
permission to use our platform and Services or ban your account at any time,
with or without notice, for any or no reason, including for any violation of
these Terms, if you fail to pay any fees when due, upon the request of law
enforcement or government agencies, for extended periods of inactivity, for
unexpected technical issues or problems, or if we suspect that you engage in
fraudulent or illegal activities, or for any other reason in our sole discretion.
Upon any such termination we may delete your account and content, and we may
prevent you from further access to the platforms and use of our Services. Your
content may still be available on the platforms even if your account is
terminated or suspended. You agree that we will have no liability to you or any
third party for termination of your account, removal of your content, or
blocking of your access to our platforms and services.
If one of
our instructors has published a course that infringes your copyright or
trademark rights, please let us know. Our Instructor Terms require our
instructors to follow the law and respect the intellectual property rights of
others.
5.
Our
Rights to content you post
You retain
ownership of content you allow us to post to our platform, including your exam
resource courses. We’re allowed to share your content to anyone through any
media, including promoting it via advertising on other websites (e.g. social media)
The content
you post as a student or instructor (including courses) remains yours. By
posting courses and other content, you allow ExamResources.com to reuse and
share it but you do not lose any ownership rights you may have over your
content. If you are an instructor, be sure to understand the course licensing
terms that are detailed in the Instructor Terms.
When you
post content, comments, questions, reviews, and when you submit to us ideas and
suggestions for new features or improvements, you authorize ExamResources.com
to use and share this content with anyone, distribute it and promote it on any
platform and in any media, and to make modifications or edits to it as we see
fit.
In legal
language, by submitting or posting content on or through the platform, you
grant us a worldwide, non-exclusive, royalty-free license (with the right to
sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit,
display, and distribute your content (including your name and image) in any and
all media or distribution methods (existing now or later developed). This
includes making your content available to other companies, organizations, or
individuals who partner with ExamResources.com for the syndication, broadcast,
distribution, or publication of content on other media, as well as using your
content for marketing purposes. You also waive any rights of privacy,
publicity, or other rights of a similar nature applicable to all these uses, to
the extent permissible under applicable law. You represent and warrant that you
have all the rights, power, and authority necessary to authorize us to use any
content that you submit. You also agree to all such uses of your content with
no compensation paid to you.
6.
Using
ExamResources.com at your own risk
A large number of instructors can
use ExamResources.com to create and publish courses, we also
enable instructors and students to interact for teaching and learning. Like
other platforms where people can post content and interact, some things can go
wrong, and you use ExamResources.com at your own risk.
Our platform
model means we do not review or edit the courses for legal issues, and we are
not in a position to determine the legality of course content. We do not
exercise any editorial control over the courses that are available on the
platform and, as such, do not guarantee in any manner the reliability,
validity, accuracy, or truthfulness of the courses. If you purchase an exam
resource course, you rely on any information provided by an instructor at your
own risk.
By using the
Services, you may be exposed to content that you consider offensive, indecent,
or objectionable. ExamResources.com has no responsibility to keep such content
from you and no liability for your access to any exam resource course, to the
extent permissible under applicable law. This also applies to any exam resource
courses relating to health, wellness, and physical exercise. You acknowledge
the inherent risks and dangers in the strenuous nature of these types of exam
resource courses, and by purchasing such exam resource courses you choose to
assume those risks voluntarily, including risk of illness, bodily injury,
disability, or death. You assume full responsibility for the choices you make
before, during, and after your purchase of an exam resource course.
When you
interact directly with a student or an instructor, you must be careful about
the types of personal information that you share. While we restrict the types
of information instructors may request from students, we do not control what
students and instructors do with the information they obtain from other users
on the platform. You should not share your email or other personal information
about you for your safety.
We do not
hire or employ instructors nor are we responsible or liable for any
interactions involved between instructors and students. We are not liable for
disputes, claims, losses, injuries, or damage of any kind that might arise out
of or relate to the conduct of instructors or students.
When you use
our Services, you will find links to other websites that we don’t own or
control. We are not responsible for the content or any other aspect of these
third-party sites, including their collection of information about you. You
should also read their terms and conditions and privacy policies.
7.
Our
Rights
We own the ExamResources.com
platform and Services, including the website, present or future apps and
services, and things like our logos, API, code, and content created by our
employees. You can’t tamper with those or use them without authorization.
All right,
title, and interest in and to the ExamResources.com platform and Services,
including our website, our existing or future applications, our APIs,
databases, and the content our employees or partners submit or provide through
our Services (but excluding content provided by instructors and students) are
and will remain the exclusive property of ExamResources.com and its licensors.
Our platforms and services are protected by copyright, and other laws of both
the United Kingdom and foreign countries. Nothing gives you a right to use the ExamResources.com
name, logos, domain names, and other distinctive brand features. Any feedback,
comments, or suggestions you may provide regarding ExamResources.com or the
Services is entirely voluntary and we will be free to use such feedback,
comments, or suggestions as we see fit and without any obligation to you.
You may not
do any of the following while accessing or using the ExamResources.com platform
and Services:
·
access,
tamper with, or use non-public areas of the platform (including content
storage), ExamResources.com’s computer systems, or the technical delivery
systems of ExamResources.com’s service providers.
·
disable,
interfere with, or try to circumvent any of the features of the platforms
related to security or probe, scan, or test the vulnerability of any of our
systems.
·
copy,
modify, create a derivative work of, reverse engineer, reverse assemble, or
otherwise attempt to discover any source code of or content on the ExamResources.com
platform or Services.
·
access
or search or attempt to access or search our platform by any means (automated
or otherwise) other than through our currently available search functionalities
that are provided via our website or mobile apps. You may not scrape, spider, use a robot, or
use other automated means of any kind to access the Services.
·
in
any way use the Services to send altered, deceptive, or false
source-identifying information (such as sending email communications falsely
appearing as ExamResources.com); or interfere with, or disrupt, (or attempt to
do so), the access of any user, host, or network, including, without
limitation, sending a virus, overloading, flooding, spamming, or mail-bombing
the platforms or services, or in any other manner interfering with or creating
an undue burden on the Services.
8.
Miscellaneous
Legal Terms
These Terms
are like any other contract, and they have boring but important legal terms
that protect us from the countless things that could happen and that clarify
the legal relationship between us and you.
8.1
Binding Agreement
You agree
that by registering, accessing, or using our Services, you are agreeing to
enter into a legally binding contract with ExamResources.com. If you do not
agree to these Terms, do not register, access, or otherwise use any of our
Services.
If you are
an instructor accepting these Terms and using our Services on behalf of a
company, organization, government, or other legal entity, you represent and warrant
that you are authorized to do so.
Any version
of these Terms in a language other than English is provided for convenience and
you understand and agree that the English language will control if there is any
conflict.
These Terms
(including any agreements and policies linked from these Terms) constitute the
entire agreement between you and us (which include, if you are an instructor,
the Instructor Terms).
If any part
of these Terms is found to be invalid or unenforceable by applicable law, then
that provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of
these Terms will continue in effect.
Even if we
are delayed in exercising our rights or fail to exercise a right in one case,
it doesn’t mean we waive our rights under these Terms, and we may decide to
enforce them in the future. If we decide to waive any of our rights in a
particular instance, it doesn’t mean we waive our rights generally or in the
future.
The
following sections shall survive the expiration or termination of these Terms:
Sections 2 (Resource purchases), 5 (ExamResources.com Rights to Content You
Post), 6 (Using ExamResources.com at Your Own Risk), 7 (ExamResources.com’s
Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).
8.2
Disclaimers
It may
happen that our platform is down, either for planned maintenance or because
something goes down with the site. It may happen that one of our instructors is
making misleading statements in their course. It may also happen that we
encounter security issues. These are just examples. You accept that you will
not have any recourse against us in any of these types of cases where things
don’t work out right. In legal, more complete language, the Services and their
content are provided on an “as is” and “as available” basis. We (and our
affiliates, suppliers, partners, and agents) make no representations or
warranties about the suitability, reliability, availability, timeliness, security,
lack of errors, or accuracy of the Services or their content, and expressly
disclaim any warranties or conditions (express or implied), including implied
warranties of merchantability, fitness for a particular purpose, title, and
non-infringement. We (and our affiliates, suppliers, partners, and agents) make
no warranty that you will obtain specific results from use of the Services.
Your use of the Services (including any content) is entirely at your own risk.
Some jurisdictions don’t allow the exclusion of implied warranties, so some of
the above exclusions may not apply to you.
We may
decide to cease making available certain features of the Services at any time
and for any reason. Under no circumstances will ExamResources.com or its
affiliates, suppliers, partners or agents be held liable for any damages due to
such interruptions or lack of availability of such features.
We are not
responsible for delay or failure of our performance of any of the Services
caused by events beyond our reasonable control, like an act of war, hostility,
or sabotage; natural disaster; electrical, internet, or telecommunication
outage; or government restrictions.
8.3
Limitation of Liability
In legal,
more complete language, to the extent permitted by law, we (and our group
companies, suppliers, partners, and agents) will not be liable for any
indirect, incidental, punitive, or consequential damages (including loss of
data, revenue, profits, or business opportunities, or personal injury or
death), whether arising in contract, warranty, tort, product liability, or
otherwise, and even if we’ve been advised of the possibility of damages in
advance. Our liability (and the liability of each of our group companies,
suppliers, partners, and agents) to you or any third parties under any
circumstance is limited the amount you have paid us in the twelve (12) months
before the event giving rise to your claims. Some jurisdictions don’t allow the
exclusion or limitation of liability for consequential or incidental damages,
so some of the above may not apply to you.
8.4
Indemnification
If you
behave in a way that gets us in legal trouble, we may exercise legal recourse
against you. You agree to indemnify, defend (if we so request), and hold
harmless ExamResources.com, our group companies, and their officers, directors,
suppliers, partners, and agents from and against any third-party claims,
demands, losses, damages, or expenses (including reasonable attorney fees)
arising from (a) the content you post or submit, (b) your use of the Services
(c) your violation of these Terms, or (d) your violation of any rights of a
third party. Your indemnification obligation will survive the termination of
these Terms and your use of the Services.
8.5
Governing Law and Jurisdiction
When these
Terms mention “ExamResources.com” they’re referring to the EPL-UK Ltd entity
that you’re contracting with.These Terms are governed by the laws of the United
Kingdom.
8.6 Legal
Actions and Notices
No action,
regardless of form, arising out of or relating to this Agreement may be brought
by either party more than one (1) year after the cause of action has accrued,
except where this limitation cannot be imposed by law.
Any notice
or other communication to be given hereunder will be in writing and given by
registered or certified mail return receipt requested, or email (by us to the
email associated with your account or by you to support@examresources.com).
8.7
Relationship Between Us
You and we
agree that no joint venture, partnership, employment, contractor, or agency
relationship exists between us.
8.8 No
Assignment
You may not
assign or transfer these Terms (or the rights and licenses granted under them).
For example, if you registered an account as an employee of a company, your
account cannot be transferred to another employee. We may assign these Terms
(or the rights and licenses granted under them) to another company or person
without restriction. Nothing in these Terms confers any right, benefit, or
remedy on any third-party person or entity. You agree that your account is
non-transferable and that all rights to your account and other rights under
these Terms terminate upon your death.
9.
Dispute
Resolution
If there’s a
dispute, our Support Team is happy to help resolve the issue, you should
contact us at: support@examresources.com
10. Updating these terms
From time to
time, we may update these Terms to clarify our practices or to reflect new or
different practices (such as when we add new features), and ExamResources.com reserves
the right in its sole discretion to modify and/or make changes to these Terms at
any time. If we make any material change, we will notify you using prominent
means, such as by email notice sent to the email address specified in your
account or by posting a notice through our Services. Modifications will become
effective on the day they are posted unless stated otherwise.
Your
continued use of our Services after changes become effective shall mean that
you accept those changes. Any revised Terms shall supersede all previous Terms.
11. How to contact us
The best way
to get in touch with us is to contact our Support Team. We’d love to hear your
questions, concerns, and feedback about our Services.
Thank you
for using our service!