1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"AssessmentDay" means AssessmentDay Ltd of 16 Foxholes Road, Chelmsford, Essex, CM2 7HP.
"Service" means collectively any online facilities, tools, services or information that AssessmentDay makes available through the Web Site either now or in the future;
"System" means any online communications infrastructure that AssessmentDay makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users" means any third party that accesses the Web Site and is not employed by AssessmentDay and acting in the course of their employment; and
"Web Site" means the website that you are currently using (https://www.assessmentday.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of AssessmentDay, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other relevant laws.
2.2 Users may not reproduce, copy, distribute, store or in any other fashion reproduce material from the Web Site unless given express written permission to do so by AssessmentDay.
3. Use of Purchased Content
3.1 All Content purchased by the User are made available under a personal use licence which means that the User is not permitted to share or make available any Content to people other than themselves.
3.2 Content contained within User accounts may be used only by the individual named on the account. Account sharing is not permitted and any User found to be sharing their login details will have their account access blocked
4. Product Delivery Policy
4.1 All Content purchased by the User is made available online by AssessmentDay automatically within sixty seconds of purchase. No delivery of physical products is required to access our Content.
5. Links to Other Web Sites
5.1 This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of AssessmentDay or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7.1 AssessmentDay makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
7.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
8. Availability of the Web Site
8.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
8.2 AssessmentDay accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, AssessmentDay accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
9.2 Nothing in these terms and conditions excludes or restricts AssessmentDay’s liability for death or personal injury resulting from any negligence or fraud on the part of AssessmentDay.
9.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
10.1 By accessing or downloading any of the paid content inside the members area you give your express content to the supply of the documents during the 14 day cancellation period and acknowledge that as a result of the supply beginning, your right to cancel under regulation 29(1) of the Consumer Contracts Regulations 2013 will be lost.
10.2 Note that, we make every attempt to ensure that our content is free of grammatical, spelling and typing errors. If you happen to spot a mistake, please do inform us and it shall be corrected. These errors are not considered to be a fault with the product or service or grounds for a refund, since they are rectifiable.
11. Law and Jurisdiction
11.1 These terms and conditions and the relationship between you and AssessmentDay shall be governed by and construed in accordance with the Law of England and Wales and AssessmentDay and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.