Terms and Conditions - ExamSupport
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Junior & Leaving Cert Lessons Online

ExamSupport Terms and Conditions


Agreement
This Agreement ("the Agreement") outlines the terms and conditions governing the User's access to and use of the ExamSupport web site. By accessing and/or using this web site each of the Tutor and the Student/Potential Student ("the User") agrees to be bound by these terms and conditions. Kindly ensure that the terms and conditions are read carefully. If the User has any queries regarding them, please contact [email protected]

The ExamSupport service is made available to paying customers of CVSLearning, hereafter called The Service Provider (“The Service Provider”).

The Service Provider reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. The User is responsible for regularly reviewing this Agreement and his/her continued use of the ExamSupport web site constitutes an affirmative acknowledgement of any modification to this Agreement and consent to be bound by its terms.

Policy on Refunds
Refunds will be given at the discretion of management.

Rights and Obligations of The Service Provider
1. The Service Provider is engaged in the development, marketing, selling and provision of revision, review and tutorial materials and support for students of courses and providers of course teaching for a wide variety of course subjects. The Service Provider does not provide a guarantee for the quality of educational tuition listed. Also, due to the difficulty of authenticating people over the internet, The Service Provider cannot and does not confirm any User's identity.

2. Limitation of Liability: The Service Provider shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in contract, negligence or other tortious action) that results from the use of information and material available on the ExamSupport web site. Although The Service Provider is keen to ensure the delivery of a high quality service, The Service Provider does not warrant that the web site is free from infection by viruses. The Service Provider does not accept any liability for any losses or claims arising from any inability to access this web site.

3. Disclaimer: The material and information contained in the ExamSupport web site including, but not limited to educational tuition listings, pricing information or reviews may contain inaccuracies and typographical errors. The Service Provider does not warrant the accuracy of any information provided or the reliability or truth of any advice, opinion, statement or other information displayed or distributed through the web site. The User acknowledges that any reliance on any such opinion, statement, memorandum or information shall be at his/her own risk. The Service Provider shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.

4. Modifications to ExamSupport website: The Service Provider reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the ExamSupport web site (or a part thereof) with or without notice. The Service Provider shall not be liable to the User or any third party for any modification, suspension or discontinuance of the ExamSupport web site.

5. Assignment: The Service Provider reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.

6. Privacy Policy: The Service Provider considers privacy to be very important. The Service Provider treats the User's personal information with the highest standards of safety, security and confidentiality.


A Special Note About Children
The nature of the service means that children are possibly the end-users of this service. Children, however, are not eligible to use the service. The Service Provider does not knowingly solicit or collect information from children who are 18 years or younger and asks that minors (under the age of 18) do not submit any personal information. If the User is a minor, he/she can use this service only in co-operation with his/her parents or guardians. Adults may register for children by submitting their own personal details on behalf of the child. Kindly ensure that children never give out their name or other personal information on-line without the permission of an adult or guardian.


License
The Service Provider grants a non-exclusive right to the User to use the service while the User is paying customer. The license is granted for specific named person, or to a certain number of users in accordance with what was agreed in the subscription agreement or upon registration. All rights not expressly granted to Customer under this Agreement are reserved by The Service Provider. Nothing in this Agreement infers that any intellectual property or associated rights, in addition to the Agreement specified usage rights, passes to the User.



Information Gathered
Through the ExamSupport registration form and on-going User interaction The Service Provider will collect personal information in order to provide a smooth, efficient, and customised experience. To enable access to ExamSupport the User must first register on the ExamSupport web site or via a third party social media web site. The User is required to enter various personal information including his/her first name, surname, address, phone number and email address. The Service Provider endeavours to hold this information securely and where necessary to encrypt selected information such as User’s password.



Modifying/Changing Personal Information
The User can access, review, modify, or delete his/her account profile information anytime. Or the user can delete the account at any time, or request The Service Provider to deactivate their account. The Service Provider also uses information in the file it maintains about the User, and other information it obtains from his/her current and past activities on the web site to troubleshoot problems, provide service support, and to conduct internal analysis. If The Service Provider has questions about a User’s listing, it may contact the User by email or phone.



Disclosure of Information
The Service Provider accepts no responsibility or liability whatsoever for any decision or course of action taken in reliance on the information on this web site. The Service Provider does not share information with unrelated third parties without prior permission. It may disclose aggregate customer information (in a non-personally identifiable manner, such as number of visits or average listing amounts) to advertisers or other third parties. In these situations it does not disclose to these entities any information that could be used to identify the User personally. The Service Provider may release customer account or other information if it is advised that release is necessary to comply with the law, or to protect the rights, property and safety of The Service Provider, its customers or others. This may include the exchange of information with companies and organisations or law enforcement for loss prevention and credit risk reduction.



The Use of Cookies
The Service Provider uses 'cookies' on certain pages of its web site. 'Cookies' are small text files placed on the User's hard drive that help ExamSupport identify the User when he/she visits the web site again. Cookies cannot be used to run programs or deliver viruses. The purpose of a cookie is to tell the web server that the User has returned to a specific page. For example, if the User registers with the ExamSupport web site, a cookie helps ExamSupport to recall his/her specific information on subsequent visits. The User is always free to decline the cookies if his/her browser permits by setting its options so that it lets the User know when he/she receives a new cookie, or turn off the cookies completely. If the cookies feature is turned off however, the User will not be able to utilise all the special features ExamSupport offers.



User Warranties
1. The User hereby warrants and agrees to indemnify and keep indemnified The Service Provider, its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from his/her use of the information and material posted on this web site or resulting from any breach of this Agreement whether such breach is carried out by the User, his/her use of the ExamSupport web site, his/her connection to the ExamSupport web site or his/her violation of any third party rights.

2. Furthermore, the User hereby acknowledges that any material downloaded or otherwise obtained through the use of the ExamSupport web site is done at his/her own discretion and risk and that he/she waives any right to bring any claim or action against The Service Provider or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from access to or use of ExamSupport web site.

3. The User hereby acknowledges and warrants The Service Provider that it will not use the ExamSupport web site for any purpose that is unlawful or prohibited by these terms and conditions, or in any manner which would damage, disable, overburden or impair the ExamSupport web site or interfere with any other party's use and enjoyment of the ExamSupport web site. The User may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the ExamSupport web site.

4. The User hereby agrees and warrants that he/she will not publish, post, upload, distribute or disseminate any books, material or information on the ExamSupport web site that infringes any copyright or intellectual property rights of The Service Provider or any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts pornographic or sexually explicit images or promotes violence or discrimination.

5. The User hereby agrees to indemnify and keep indemnified The Service Provider its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any such publication, posting, uploading, distribution or dissemination of any such material or information on the ExamSupport web site.

6. The User's correspondence or dealings with, or participation in promotions and/or advertisers found on or through the ExamSupport web site are solely between him/her and such advertiser. The Service Provider is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

7. The User hereby warrants and acknowledges all intellectual property to include, but not limited to, copyright, moral rights, patents, trade marks, trade names, service marks, designs (software or otherwise), data base rights, whether registered or unregistered generally present and future belongs, and shall belong exclusively to, The Service Provider and that he/she will not infringe such intellectual property rights in any way.

8. The User agrees not to reproduce or republish ExamSupport learning content in whole or in part without the written permission of The Service Provider.

Entire Agreement
This Agreement constitutes the entire Agreement between the User and The Service Provider and supersedes any prior agreements, arrangements, statements and understandings between the parties.



Waiver
A waiver by The Service Provider of any breach by the User of any of the terms, provisions or conditions of this Agreement or the acquiescence of The Service Provider to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.



Invalidity
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.



Dissatisfaction
If the User is dissatisfied with the ExamSupport web site or any information posted thereon, or with any term or condition of this Agreement, he/she should discontinue using the ExamSupport web site immediately.



Privacy Policy and Cookie Policy
We are committed to protecting the privacy of our website visitors and customers. Please see our Privacy Policy which outlines how we collect and use personal information about you.
Cookies are small text files stored by your browser on your computer when you visit website pages. We use cookies to understand site usage, to improve the content and navigation. Please see our Cookie Policy for further information of how we use cookies.



Governing Law
This Agreement shall be governed by the law of the Republic of Ireland and the Courts of the Republic of Ireland shall have sole and exclusive jurisdiction.