Effective Date: 25 November 2013
1.1 This website is owned and operated by QuizSlides Ltd. We are registered in the UK (technically "England & Wales") under number 7630938. Our registered office and trading address is at Office 311, Winston House, Dollis Park, London N3 1HF.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.
1.3 These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Test Creators. In the event of any conflict, the Addendum takes priority.
2.1 Capitalised terms have the following meanings in these terms and conditions:
a) "Consumer" - a natural person acting outside his or her trade, business or profession.
b) "Data" - all information of whatever kind which is input into our Service including Tests and responses thereto.
c) "Service" - our website, the services we offer by means of our website and any related software and services.
d) "Test" - any form of test, quiz or slideshow made available on our Service.
e) "Test Creator" - a User who creates a Test.
f) "Test Take" - each instance when a Test Taker takes a Test.
g) "Test Taker" - a User who takes a Test.
h) "User" - a person who uses our Service (whether or not registered with us) including Test Creators and Test Takers.
3. Changes to the terms and conditions
3.1 Our service will evolve over time. These Terms and Conditions are not intended to answer every question or address every issue raised by the use of our Service. We may change these Terms and Conditions from time to time, and therefore you should check them from time to time to make sure that you are happy with any changes.
4. Use of our Service
4.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.
4.2 You are not eligible for, and must not use or register on, our Service if you are below the legal age to form a binding contract with us.
4.3 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
4.4 You agree that you will not in connection with the Service:
a) breach any applicable law, regulation or code of conduct;
b) publish or send any Data which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
c) sell access to the Service;
d) sell advertising, sponsorship or promotions on or in connection with Data except where explicitly authorized by us;
e) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
f) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
g) do anything which may negatively affect other Users’ enjoyment of the Service;
h) gain unauthorised access to any part of the Service or equipment used to provide the Service;
i) use any automated means to interact with our systems excluding public search engines; or
j) attempt, encourage or assist any of the above.
4.5 You must promptly comply with any reasonable request or instruction by us in connection with the Service.
4.6 We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.
5. Your Data
5.1 You are responsible for your Data.
5.2 You must ensure that your Data is accurate and not misleading and that you will update it so that it remains so.
5.3 We reserve the right without notice or refund to disclose to the relevant authorities any Data or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.
6. Data of other Users
6.1 We do not endorse, verify or recommend any Tests. These are the responsibility of the Test Creators. We accept no legal responsibility for the accuracy or quality of any Tests, nor in connection with any dealings between Test Creators and Test Takers.
6.2 You accept that we have no obligation to vet or monitor Test Takers or Test Creators.
6.3 If you are exposed to offensive or other inappropriate material in Tests, you must notify us immediately by sending an email to email@example.com.
7. Guidance on our site
7.1 Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.
8.1 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account except in the case of multi-user accounts. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Suspension / cancellation
9.1 This agreement is automatically cancelled on expiration of your subscription without renewal.
9.2 You may at any time cancel this agreement (including any subscription) by following the instructions on our Service or notifying us by email. A request for cancellation under this clause does not give rise to any refund.
9.3 If you are a Test Taker, we are entitled at any time to cancel this agreement without cause and without notice.
9.4 We are entitled at any time to cancel this agreement without refund if we terminate our Service as a whole by giving you email notice.
9.5 We are entitled at any time to cancel this agreement (with or without notice) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, there will be no refund of your subscription.
9.6 Following cancellation of this agreement: Your right to use our Service is terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
9.7 We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this
10. Functioning of our Service
10.1 We do not guarantee that the Service will be uninterrupted or error-free.
10.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable by both parties;
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business.
11.4 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
11.5 The following clauses apply only if you are not a Consumer:
a) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
b) Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
c) In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
ii) loss of goodwill or reputation;
iii) special, indirect or consequential losses; or
iv) damage to or loss of data
(even if we have been advised of the possibility of such losses).
d) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
12. Intellectual property rights
12.1 All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service (including Tests) are our intellectual property or that of Test Creators. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12.2 For the avoidance of doubt you may not collect, scrape or harvest any part of our Service or deep-link to or frame any part of our Service without our specific prior written consent.
12.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of content or which restrict use of content.
12.4 If you publish any Test on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display the Test on our Service. You also grant the relevant Users a licence to use the Test to the extent permitted by the functionality of the Service and these terms and conditions.
13.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
14. Third party websites
14.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
15. "Act of God"
15.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
17. English law
17.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
19.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.
Website terms and conditions by internet lawyers Adlex solicitors
ADDENDUM APPLICABLE ONLY TO TEST CREATORS
20. Your Test
20.1 You are responsible for your Tests.
20.2 You promise that you have the requisite qualifications, credentials and expertise in relation to the subject matter of the Tests, including any relevant education, training and/or industry experience.
20.3 You must ensure that your Tests are accurate and up to date, not misleading, that they comply with all applicable laws, regulations and codes of conduct and that they do not infringe any third party intellectual property or other rights. Also, your Tests must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
20.4 You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Tests as contemplated by the Service and these terms and conditions.
20.5 We reserve the right in our discretion without notice to remove any Test where we have reason to believe that it breaches our terms and conditions or that such step is necessary to protect us or others.
20.6 You may only use any contact information supplied by Test Takers in response to Tests strictly in accordance with applicable data protection and other laws.
20.7 You acknowledge that we do not verify email addresses or other contact information and we do not guarantee that such information is accurate or up to date.
20.8 We do not guarantee that your Test will generate any particular level of revenues or suitable enquiries.
20.9 We do not accept responsibility if your Test is misused by Test Takers as this is outside our reasonable control.
20.10 It is your responsibility to make your own backup of your Tests to protect you in case of loss or damage to such material. We are not responsible for such losses.
20.11 We reserve the right to irretrievably delete your Tests and all associated Data and information following cancellation of this agreement.
21. Payment by Test Creators
21.1 In the case of Tests payable by subscription, these can be acquired at the prices, for the periods and by the payment methods specified on our Service or as to which we advise you. Payment is in advance.
21.2 The number of Test Takes is as measured by our Service and such measurement is conclusive. An unfinished Test still counts as a Test Take.
21.3 There is no refund for unused Tests in an applicable period and you undertake to pay promptly for any Tests Takes in a relevant period which exceed the number allowed for in the package you have subscribed for.
21.4 Prices include VAT or other sales tax unless otherwise stated.
21.5 We may at any time change our subscription prices. The new rate takes effect if you apply for or renew a subscription.
21.6 Invoices (other than for subscriptions payable in advance) must be paid within whatever period is specified on the invoice or, if none, 14 days. You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this Agreement.
21.7 You must contact us immediately with full details if you dispute any payment.
21.8 If any amount due to us is unpaid or unjustifiably charged back, we may:
a) charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998;
b) suspend our Service and/or suspend or remove any or all of your Tests; and/or cancel this agreement on written notice (including email).