Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

If you have any questions about any of our terms, please don’t hesitate to contact info@examapp.co.uk

WHO WE ARE AND HOW TO CONTACT US

www.examapp.co.uk is a site operated by Ingenious Learning Ltd.(‘we’). We are registered in England and Wales under company number 10540934. To contact us, please email info@examapp.co.uk

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms refer to the following additional terms, which also apply to your use of our site, these can be found at the bottom of the page:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie Policy, which sets out information about the cookies on our site.
If you purchase any goods or services from our site, our terms and conditions of supply will apply in relation to our supply of goods or services.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms which apply at that time. These terms were most recently updated on 31 July 2024.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities, or as required as a result of changes in applicable laws or regulations. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@examapp.co.uk

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we try to update the information on our site, we make no guarantees that the content on our site is accurate, complete or up-to-date.

Ingenious Learning is not liable for any errors or false information included in their website or resources. Ingenious Learning is not liable for any offence or upset caused by information on our site. Ingenious Learning is also not liable for exam results or future career path and earnings as a result of the use of information on our site.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

IF YOU ARE A BUSINESS USER

We exclude all implied conditions, warranties, representations or other terms which may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

IF YOU ARE A CONSUMER USER:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we will not be responsible to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be responsible for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

You are solely responsible for securing and backing up your content. We are not responsible for viruses and you must not introduce them. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should ensure that you use appropriate virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact info@examapp.co.uk

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS ARE REGISTERED

You are not permitted to use the ExamApp or Ingenious Learning trademark without our approval.

TERMS & CONDITIONS OF SUPPLY FOR PREMIUM PACKAGES

Adopted on 22nd January 2018. These terms and conditions of supply (‘these terms’) are entered into between Ingenious Learning Ltd. (‘Ingenious’) and any individual who is a Subscriber (‘you’ or ‘your’).

Registration to one or more Services as well as use of the Services implies the acceptance of these terms by the Subscriber in full. Therefore, the Subscriber acknowledges that he/she is fully informed of and bound by all the provisions of these terms.

Article 1. Definitions

The words or terms used in these terms will have the following meaning: ‘Services’ refer to all paid services available to Subscribers provided on the Website. ‘Subscriber’ refers to the person who has purchased a Subscription to one or more Services, either for him or herself as the user, or on behalf of another person as the user. ‘Subscription’ refers to a fixed price giving access to the Services for a limited period specified in the relevant Subscription purchased by a Subscriber. ‘Third-party Websites’ refers to any third-party Internet websites or mobile application. ‘Website’ refers to this website provided by Ingenious and through which the Services are provided.

Article 2. Access, registration and Subscription

2.1. Procedure and terms of access and registration to the Services

The Subscriber will exclusively bear the costs for the means to access the Services as well as for the use of such means. Acceptance of these terms constitutes the formal conclusion of the contract for the Services. This results in becoming a Subscriber having access to the Services described in the Website. Each Subscriber must be at least 18 years old, meet the conditions for access to the relevant Services, have the requisite legal capacity to enter into a contract, read these terms, the Cookie Policy and the Privacy Policy, and complete the mandatory fields in the registration form.

2.2. Procedure and conditions for Subscription

Subscription to the Services must be paid for. After choosing his/her Subscription and way of payment, the Subscriber must submit his/her payment. This step formally concludes the contract to the Services and the complete, unreserved acceptance of these terms. Once the payment has been submitted, the Subscriber is directed to a payment confirmation page. Ingenious acknowledges receipt of the purchase of a Subscription by sending an email.

Article 4. Obligations of Subscribers

The provisions of this Article 4 apply from the registration for Subscription and shall remain applicable for the entire duration of use of the Services, without prejudice to the provisions of Article 8 below. In order to use the Services, the Subscriber agrees to comply with any laws in force and observe the obligations referred below.

The Subscriber has the obligations to:

Respect the intellectual property rights of the content provided by Ingenious;
Use the Services while respecting their purpose and not to use the services for professional, commercial, profit or generally non-personal purposes;
Use the confidential password and username of the Subscriber strictly to log in to the Services. Therefore, the Subscriber must not, this list not being exhaustive, communicate, disseminate, share, make accessible, in any way or for any reason whatsoever, its passwords and/or usernames to any third party, whoever that is.

A breach of these obligations constitutes a serious breach by the Subscriber of its contractual obligations. Without prejudice to the provisions of Article 8 below, in the event of breach by a Subscriber of one or more of these obligations, Ingenious may terminate the contract and remove the relevant Subscriber’s access to the Website and Services.

Ingenious has no obligation to run a certain number of free or premium tournaments and can operate tournaments with whatever frequency they wish.

Article 5. Fees, terms of payment and renewal

5.1. Fees and terms of payment of Services

In order to use the Services, the Subscriber must have a Subscription; the fees and the terms of payment are described on the Website. A Subscription may be purchased by paying either by bank card (on the internet or through a mobile service) or by using an online payment service (PayPal, Direct Debit etc.) according to the options given on the Website. The fees are indicated in British pounds sterling (inclusive of all taxes).

5.2. Subscription renewal terms

On the expiry of each period of validity, the Subscription shall be renewed for periods equivalent to that originally chosen, unless terminated by the Subscriber in accordance with the provisions of Article 8 below. Once renewed, the Subscription will be charged to the Subscriber at the standard (non-discounted) rate applicable to the relevant Services and for a period equivalent to that initially chosen.

Article 7. Intellectual Property

All Services names, trademarks, logos, graphics, photographs, animations, videos and texts contained on the Website and within the Services are the exclusive property of Ingenious and, if applicable, its partners and may not be reproduced, used or communicated without the express authorisation of Ingenious, subject to legal action.

The rights of use granted to the Subscriber are limited to private and personal use as part of and for the duration of the registration to the Services. Any other use by the Subscriber is prohibited.

The Subscriber is prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Services, Website pages or computer codes of the elements composing the Services and Website, in any way whatsoever, subject to legal action.

Article 8. Representations and Warranties

8.1. Operation of the Website and Services

8.1.1 To use the Services, the Subscriber must have the skills, equipment and software necessary for use of the Internet or the mobile applications of the Services. Ingenious has security measures in place in connection with the use of the Services. However, the Subscriber acknowledges that, due to the nature and limitations of the Internet, Ingenious cannot warrant that any connection to the Internet or mobile applications will be completely secure.

8.1.2 The Subscriber must have the equipment, including the software and appropriate settings, necessary for the good operation of the Services: the latest version of the Internet browser, activated JavaScript functions, permitted session cookies and accepted ‘pop-up’ windows.

8.1.3 Ingenious does not warrant that the Subscriber will be able to use the Services if he/she uses a “pop-up killer” tool or an equivalent; in this case, this function must be disabled before using the Services.

8.1.4 Ingenious does not warrant that the Subscriber will be able to use the Services if his/her Internet service provider fails to provide an adequate level of service. Similarly, if applicable, the use of smartphone applications purchased by the Subscriber directly from the provider of the application implies that the latter must have a smartphone and a satisfactory connection.

8.1.5 Ingenious is not responsible for any lack of functionality, lack of access or poor conditions of use of the Website and Services attributable to unsuitable equipment, to the internal functionality failures of the Subscriber’s service provider, the overloading of the Internet network and for all other reasons external to Ingenious constituting a force majeure event.

8.1.6 The operation of the Services may be interrupted temporarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. If possible, Ingenious will notify the Subscribers before any maintenance operations or updates which may impact the Services.

8.2. Links and external resources

Ingenious is only liable for the hyperlinks it creates in the Website and Services and does not exercise any control over the Third Party Websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Website and the Services redirect. Ingenious cannot be held liable for the provision of links directing to Third Party Websites and cannot be held liable for their content, advertisements, products, features, services or any other elements available on or based on the use of such Third Party Websites. It is reminded that the consultation and use of Third Party Websites is governed by their conditions of use, and that such consultation and use will be made under the Subscriber’s full liability. Any issues relating to a link must be reported to Ingenious using the contact details included in Article 15 below.

8.3. Liability and Indemnity

8.3.1 Ingenious cannot be held liable for user’s grades, exam performance, career or life time earnings, future opportunities or any other event or outcomes in the user’s life, regardless of any money back guarantees, usage or claims.

8.3.2 Ingenious is only responsible for foreseeable loss and damage caused by Ingenious, if Ingenious fails to comply with these terms or to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made both Ingenious and the Subscriber knew it might happen.

8.3.3 Ingenious may not be held liable for any damages incurred by a Subscriber in the event those are caused solely by the latter or if Ingenious is not in breach of these terms and its statutory obligations.

8.3.4 If defective digital content, which Ingenious has supplied, damages a device or digital content belonging to a Subscriber, and this is caused by Ingenious’s failure to use reasonable care and skill, Ingenious will either repair the damage or pay him/her compensation. However, Ingenious will not be liable for damage which the Subscriber could have avoided by following Ingenious’s advice to apply an update offered to him/her free of charge or for damage which was caused by him/her failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Ingenious.

8.3.5 Ingenious is not liable for business losses. Ingenious will only supply the Services for domestic and private use. If a Subscriber uses the Services for any commercial or business purpose Ingenious will have no liability towards him/her for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3.6 Ingenious does not exclude or limit in any way its liability to Subscribers where it would be unlawful to do so.

8.3.7 In the event Ingenious is held liable on the basis of a breach by a Subscriber of any of his/her legal or contractual obligations under these terms, the latter agrees to indemnify and hold Ingenious harmless against any damages, expenses or orders issued against it resulting from the Subscriber’s breach of his/her obligations.

Article 9. Subscription termination

9.1. Termination by the Subscriber

Each Subscriber may at any moment terminate his/her Subscription, without further charges other than those connected to the transmission of his/her request and without reason by email, using the contact form or by any other means indicated by Ingenious Learning.

9.2. Non-renewal

The Subscriber may terminate the automatic renewal of his/her Subscription after its purchase and at least 48 hours before the Subscription is renewed, by any means indicated by Ingenious Learning. The termination will take effect on the expiry date of the Subscription. Termination of the Subscription will be confirmed to the Subscriber by email. The Subscriber will not have access to the Services from the date his/her Subscription expires.

Article 10. Termination by Ingenious

Without prejudice to the other provisions of these terms, in the event of a serious breach by a Subscriber, especially in the event of breach of the obligations referred to in Article 4, Ingenious may permanently remove the relevant Subscriber from the Website and Services, without prior notice. This removal will not give a right of reimbursement to the Subscriber. Termination of the Subscription will be confirmed to the Subscriber by email. This closure will take effect without prejudice to any damages and interest which may be claimed by Ingenious from the Subscriber or his/her successors and legal representatives as restitution for the losses incurred by Ingenious as a result of these breaches.

Article 11. Personal Data

The personal data of Subscribers are processed in accordance with our Privacy Policy.

Article 12. Entire Agreement

These terms form a contract, which governs the relationship between the Subscriber and Ingenious. They cancel and supersede all previous provisions not expressly referred to or appended and provide all rights and obligations of Ingenious and the Subscriber with respect to their subject matter. If one or more provisions in these terms are held to be unenforceable under applicable laws or regulations or as a result of a final decision by a competent court or authority, the other provisions will remain in full force and effect, to the extent permitted by law, regulation or applicable court decisions.

Article 13. Modification of the Services or these terms

13.1. Modification of the Services

Ingenious may update and modify the content and/or features of the Services at any moment in order to improve their quality. The Subscriber will be informed of the nature of these updates or modifications when they are implemented on the Website.

13.2. Modification of the Services

Ingenious may modify these terms at any moment. The Subscriber will be informed of those modifications when they are implemented on the Website. Use of the Website are subject to the terms and conditions of supply which are currently in force. Subscribers who subscribe before the modification of these terms will have a choice between two options:

The Subscriber may accept the modified terms by continuing to use the Website;
The Subscriber may demand the use of the terms, which were in force when he/she purchased his/her Subscription, for the duration of the initial period of validity of his/her Subscription only and excluding any renewal periods. He/she must request this expressly within one month from the date the modified terms enter into force using the contact details included in Article 15 below. After expiry of the initial period of validity of his/her Subscription, only the modified terms will be applicable to such Subscription.

If the Subscriber fails to request this within one month from their entry into force, the modified terms will be deemed accepted by the Subscriber.

Article 14. Requests and Claims

For every request or claim relevant to a Subscription, the Subscriber may contact Ingenious by post addressed to our registered office at Suite 2, Rosehill 165 Lutterworth Road, Blaby, Leicester, England, LE8 4DY. The Subscriber may also contact the Customer Care by email at info@examapp.co.uk

Article 15. Applicable law – Disputes

These terms are governed, interpreted and applied in accordance with the laws of England and Wales, subject to mandatory laws and regulations in force in the country of residence of the Subscriber. The language of interpretation is English.

Subscribers may make claims on the European Commission’s online dispute resolution platform at: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Subscriber’s claim to the competent national mediators.

In accordance with the rules applicable to mediation, prior to any request for mediation, the Subscriber must first raise any dispute with Ingenious in writing in order to attempt an amicable resolution.

In the event that an amicable solution cannot be reached regarding a dispute relating to these terms, the competent authorities will be the courts of the country of residence of the consumer located in one of the member States of the European Economic Area or Switzerland.

Article 16. About us

The Services provided by Ingenious to Subscribers pursuant to these terms are offered by Ingenious Learning Ltd., a private limited company incorporated in England and Wales with registered company number 10540934 whose registered office is at Suite 2, Rosehill 165 Lutterworth Road, Blaby, Leicester, England, LE8 4DY. To contact us, please email info@examapp.co.uk

Cancellation Form

To Ingenious Learning Ltd., Suite 2, Rosehill 165 Lutterworth Road, Blaby, Leicester, England, LE8 4DY. I hereby give notice that I cancel my contract for the supply of the Services.

Ordered on:
By (state your name):
Address:
Email address:
Signature:
Date: