Terms & Conditions
These terms and conditions apply to Your use of the ExamSolutions.net Website and by accessing this Website, You agree to be bound by the terms and conditions set out below.
It is recommended that You print a copy of these terms and conditions for Your own records. If You do not agree to be bound by these terms and conditions, You may not use or access this Website. We reserve the right to modify these terms and conditions at any time. Such modifications become effective immediately upon the posting of the updated terms and conditions. By continuing to use, access or submit materials and/or User Information to the Website You will be deemed to have accepted the revised terms and conditions.
If there is anything You do not understand please feel free to e-mail any enquiry to Us at [email protected]
- “Conditions” means these terms and conditions;
- “Users” means the Users of the Website collectively;
- “Website” means the Website located at www.ExamSolutions.net
- “We/Us/Our” means ExamSolutions;
- “You/Your” means a User of the Website.
- “Internet Account” means the internet User account provided by Us upon registration of Your details;
- “Order” means an order for goods or services placed by You and accepted by Us;
- “Services” means services displayed for Use on the Website and includes Tutoring Adverts;
- “Tutor” means an individual User who places a Tutoring Advert for the provision of tutoring services;
- “Tutee” means someone who receives tuition from a Tutor;
- “Tutoring Adverts” means advertisements placed by Tutors offering tutoring services;
ExamSolutions Services to Tutors
The Website may contain Tutoring adverts, making it accessible to Tutees to contact Tutors and view their details. We do not act as an agent but purely as an advertising vehicle.
- We reserve the right to remove or modify Tutoring Adverts at any time without reason or notification if we deem them unsuitable for publication.
- Their will be no refund for any removed or modified Tutoring Advert.
- We reserve the right to modify or discontinue, temporarily or permanently, ExamSolutions or the Services with or without notice to you and you confirm that We shall not be liable to You or any third party for any modification to or discontinuance of ExamSolutions or the Services.
Obligations of a Tutor
- A Tutor agrees to use the Website (or any part thereof) in accordance with all the relevant laws and not for any illegal purpose.
- Your email address must be valid.
- A Tutor agrees not to place an advert or post any material which is offensive, defamatory, harassing, abusive, or of an obscene or menacing character or may cause annoyance, inconvenience or needless anxiety.
- A Tutor agrees not to transmit or upload through the Website without limitation any computer viruses, macro viruses, worms, spyware, Trojan horses or anything else that is designed to interrupt, disrupt or interfere with the normal running of a computer.
- A Tutor agrees not to use the Website in a way that may cause the Website to be interrupted, damaged or rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
- A Tutor agrees not to attempt to gain any unauthorised access to any part or component of the Website.
- A Tutor agrees not to use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
- A Tutor agrees to update their Tutoring Advert immediately if there are any changes to their information.
- A Tutor agrees to provide true, accurate information about their qualifications, experience and any other information contained within their advert.
- A Tutor agrees not to impersonate any other person or entity or use a name which they are not authorised to use.
- A Tutor agrees that in the event that You have any right, claim or action against any other User arising out of that User’s use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us.
- A Tutor warrants that he is of at least eighteen years of age, has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Website.
- A Tutor agrees that they shall accept full responsibility for the prices quoted for their services on the Website and for collection of all fees due to the Tutor from any Tutee.
- A Tutor agrees to accept full responsibility for all information published by them on the Website and shall indemnify ExamSolutions in relation to any liability incurred by them as a result of such information.
- A Tutor agrees that they shall secure payment from a Tutee for services provided pursuant to a Contract direct and shall not seek to recover any payment from ExamSolutions.
- A Tutor agrees that ExamSolutions are not liable to the Tutor for reimbursement of any fees paid pursuant to these Terms in the events of any cancellation of any Contract for any reason.
- A Tutor agrees that they are not an employee of ExamSolutions and accepts full responsibility for all Income Tax National Insurance and other liabilities payable in relation to any fees generated by a Contract.
Disclaimer of Warranties
- We make no warranties or representations, whether express or implied, in relation to ExamSolutions or the Services, including, but not limited to, implied warranties or conditions of completeness, non-infringement, merchantability, accuracy, satisfactory quality and/or fitness for a particular purpose.
- We make no warranty that ExamSolutions or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
- We make no warranty as to the results that may be obtained or the accuracy or reliability of any information obtained through ExamSolutions or the Services.
- You expressly agree that the use by you of ExamSolutions and the Services is at your sole risk and you agree not to hold Us liable for any loss or damage incurred as a result of any dealings You may have with others in via Your use of the Tutoring Adverts. It is Your responsibility to check the identity and qualifications of Tutors before entering into a contract.
- We assume no responsibility for examination entry which is the sole responsibility of the Tutee.
- We accept no responsibility for any grade received by a Tutee or any consequence that examination grades entail.
- We make no warranty as to the accuracy of the solutions and the methods used in any of our worked solutions.
- No advice or information, written or oral, obtained by you from ExamSolutions or through the Services shall create or be deemed to create any warranty not expressly made herein.
Limitation of Liability
- While We shall use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.
- The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
- We make no warranty that the Website will meet Your requirements or provide the results which You want, or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.
- You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
- We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representation (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:-
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect or consequential losses;
- Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
- We shall have no liabilities to you for any failure to deliver your purchase or any delay in delivery which is due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest, or any other event or circumstances beyond our reasonable control
You agree to be fully responsible for all claims, liability, losses, damages, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account.
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that Your agreement contained in this clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.
If you have any questions concerning Our Terms & Conditions, please contact us