2. You must be 13 years of age or older to be a user of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service.
3. This Agreement was last updated on 1st May, 2013. We reserve the right, at any time, to modify the Services, the Website and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Website. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
4. This Agreement applies to all users of the TestReach Website and Services, including users who are registered as individual examination candidates and users who set up tests and supervisored events, collectively herein referred to as “Users”.
5. The Website may contain links to third party websites that are not owned or controlled by TestReach. TestReach has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TestReach will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TestReach from any and all liability arising from your use of any third-party website.
Using the Website
The Website and Services are owned and operated by TestReach, Limited, a professional company registered and carrying out business in the Republic of Ireland.
You understand and agree that although we will use reasonable efforts to ensure the Website is available to Users, temporary interruptions of the services available through this Website may occur. The services available on this Website are provided “AS IS” and TestReach is not liable to you for any temporary interruption in Services.
By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate. During the User registration or login process, you may be asked to enter a password. The password and your account are for your individual use only, and are not to be shared with any other person. You agree to keep your password confidential at all times.
You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify TestReach immediately if you learn of an unauthorized use of your password. TestReach will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of TestReach or others due to such unauthorized use.
Payment of Fees
If you register as a TestReach User, you agree to pay any fees associated with your subscription or per-use fees, as appropriate (“Fees”).
TestReach may provide you with the ability to pay Fees online via credit card or may invoice you for use of our Services.
If, for any reason, your payment is not received by TestReach, your User account will be suspended and you will not be able to access the Services. You agree that until your User account subscription is terminated or expires, you will continue to remain responsible for the subscription and/or per-use payments, even if you do not use our service. Subscription payments are non-refundable.
A minimum period of 3 months notice in writing of subscription cancellation is required.
Conduct on and Use of the Website
1. You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your tests, test submissions or communications through the Site, including images, text and links to third party content contained in your tests, test submissions and communications, collectively herein referred to as “Submissions”.
2. You agree that you will not upload, share, or otherwise distribute any Submissions — including text, graphics, images, sounds, data, links to third party content or other information — that:
- a. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or impersonate another person;
- b. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
- c. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- d. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- e. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- f. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- g. contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or
- h. are to be used for a commercial purpose of any kind.
3. We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
4. If you would like to notify us of content which you believe does not comply with these Terms of Service, please email firstname.lastname@example.org and include both the link (“URL”) for the non-complying content and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against TestReach arising from your exposure to such materials.
5. You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
6. You agree not to alter or modify any part of the Website or any of its related technologies.
7. You agree not to access or attempt to access any medium hosted on TestReach within any user account through any technology or means other than those explicitly authorized means TestReach may designate.
8. You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Third Party Sites and Information
1. TestReach’s Intellectual Property Rights. TestReach is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.TestReach’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by TestReach, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits TestReach.TestReach’s software and services available on the Site are the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with the Site and in accordance with these Terms of Service.
2. Others’ Intellectual Property Rights. TestReach deeply respects the third party intellectual property rights that may be implicated in creating tests on TestReach. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating a test using TestReach’s proprietary software, you will be able to use your own Content such as photos, graphics, text, or video segments whichhs associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Content.
Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Content, then you must get permission from the creator of the Content or the copyright holder to use the Content. For example, professionally-taken photographs should not be used in a test unless you have received permission from the photographer to do so.
Furthermore, if you want to publish Content that includes a depiction of someone other than yourself, you must get permission from the individuals portrayed in the Content before using the content in a TestReach test. Do not upload any Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.
You warrant that all Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Content as contemplated by the Site and grant TestReach the rights described herein.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner’s permission.
Disclaimer of Warranties
ALL TESTREACH SERVICES, INCLUDING WITHOUT LIMITATION SOFTWARE, AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, TESTREACH, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES, THE UPLOADING OF CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES’ OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED “LIMITED WARRANTY FOR PRODUCTS,” TESTREACH EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third party Providers have no warranty obligation to You whatsoever. To the extent that TestReach has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity, and such Provider may (depending on its policies and practices) refund the purchase price for the Services, if any. Other than this limited remedy, TestReach, and not Provider, is responsible for addressing any of Your claims relating to the Services or Your use of the Services, including but not limited to (i) product liability claims; (ii) claims that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Provider, nor any manufacturer of a hardware device on which the TestReach Services were accessed, nor any mobile network provider, has any responsibility to provide you with support services relating to the TestReach Services.
Limitation of Liability
EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED “WARRANTY CLAIMS” HEREUNDER, YOUR EXCLUSIVE REMEDY AND TESTREACH’S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE OR THE TESTREACH SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID TESTREACH, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE THREE-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, €1.00 EURO).
IN NO EVENT SHALL TESTREACH OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CONTENT. TESTREACH SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
You agree to indemnify and hold TestReach, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with TestReach’s terms of service or other terms of any software licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. TestReach reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TestReach in asserting any available defences.
Use of Site and Storage of Material
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources and software. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use. We reserve the right to terminate any trial accounts with no prior notice to you, including the deletion of any content associated therewith, after a 30-day trial period, unless a longer trial.
We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates.
Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to export control regulations of various countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to an Irish government embargo and (ii) you are not listed on any Irish Government list of prohibited or restricted parties.
Termination of Use
We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Governing Law, Miscellaneous.
The laws of the Republic of Ireland will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland.
The primary method of communication to Users shall be via email. Notices to us via email can be sent to email@example.com Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by land mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by TestReach.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by TestReach, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and legal fees.
Notification of Changes
TestReach reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.