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
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
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.
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 If you are not satisfied with the quality of your purchase, we will refund fully the cost of your order provided that your request is received not later than 60 days after date of purchase.
10.2 Refunds will be initiated by AssessmentDay within five working days of receiving a customer refund request. Once initiated by AssessmentDay please allow a further five working days for the banking network to process the refunded transaction.
11. Law and Jurisdiction
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.
12. Competition Conditions
12.1 The promoter is: AssessmentDay Ltd (company no. 07116437) whose registered office is at AssessmentDay Ltd, 16 Foxholes Road, Chelmsford, Essex, CM2 7HP.
12.2 Employees of AssessmentDay Ltd or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
12.3 There is no entry fee and no purchase necessary to enter this competition.
12.4 Closing date for entry will be at 11:30 pm on 31 December 2016. After this date the no further entries to the competition will be permitted.
12.5 No responsibility can be accepted for entries not received for whatever reason.
12.6 The rules of the competition and the prize for each winner are as follows:
12.6.1 The competition opens on 13 October 2016 and ends at 11:30 pm on 31 December 2016.
12.6.2 The prize is a 16GB iPad mini 2 for one winner. The Prize may vary from the image shown due to availability.
12.6.3 The Prize is non-transferable and the winner is not entitled to a cash alternative. However, we reserve the right to offer a cash alternative if for any reason the Prize is no longer available or suitable.
12.6.4 This competition has no affiliation with the brand of the Prize.
12.6.5 To participate in this competition, entrants need to add their review to Google reviews.
12.6.6 It is the entrant’s responsibility to ensure that the contact details and email address they provide upon registration and entry are valid and correct.
12.6.7 The winner will be selected at random and shall be notified by email.
12.6.8 If the winner fails to provide an address/ valid email address for delivery of the prize within one calendar month of notification of their win or fails to meet any of the eligibility requirements, this may result in forfeiture of the Prize and the we reserve the right to disqualify the winner (without further liability to the winner) and offer the Prize to the next eligible entrant.
12.6.9 The winner may be included in publicity material, and by entering into this competition, entrants agree to their name and image being used by us for publicity purposes in the event that they win.
12.7 The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
12.8 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12.9 No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
12.10 Winners will be chosen at random by the Promoter.
12.11 The winner will be notified by email and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
12.12 The promoter will notify the winner when and where the prize can be collected.
12.13 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
12.14 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
12.15 The competition and these terms and conditions will be governed by [English] law and any disputes will be subject to the exclusive jurisdiction of the courts of [England].
12.16 The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
12.17 The winner’s name will be available 28 days after closing date by sending a stamped addressed envelope to the following address: AssessmentDay Ltd, 57 Webber Street, London SE1 0RF.
12.18 Entry into the competition will be deemed as acceptance of these terms and conditions.