2. LICENSE TO USE WEBSITE
2.1 Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
2.3 You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution; for example, test papers.
3. ACCEPTABLE USE
3.1 Unless you are a subscriber to our website, you must not access or attempt to access any area on the website that is restricted to subscribers.
3.2 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.3 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
3.4 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
3.5 You must not use our website to transmit or send unsolicited commercial communications.
3.6 You must not use our website for any purposes related to marketing without our express written consent.
4.1 In these terms, “subscription” means a right to access the restricted areas of our website described in this Section 4, and “subscriber” means a person who has such a right by virtue of this Section 4.
4.2 Access to certain areas of our website is restricted to subscribers. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
4.3 You may become a subscriber by completing the registration process.
4.4 You will have the opportunity to identify and correct input errors prior to ordering your subscription.
4.7 The subscription charges will be as set out on our website from time to time. All subscription charges stated on the website are stated inclusive of VAT.
4.8 You must pay to us the subscription charges in respect of the first and any subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.
4.9 We may vary subscription charges from time to time by posting new charges on our website. However, such variations will not affect subscriptions that have already been paid for.
4.11 We provide each subscriber with a login and password to enable the subscriber to access the restricted areas of our website. Subscribers must ensure that their login and password details are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your login or password. You are responsible for any activity on our website arising out of any failure to keep your login and password confidential, and may be held liable for any losses arising out of such a failure.
4.12 You must not use any other person’s login and password to access our website.
4.13 During the period of your subscription, you will be able to access, using the login and password details that we provide to you, namely the Online Learning Facility containing Theory Test, Hazard Perception Test and Practical Driving Test revision tools.
5. USER GENERATED CONTENT
5.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
5.4 Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
5.5 Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
5.6 Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
5.8 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5.9 We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
6. LIMITED WARRANTIES
6.1 We warrant to subscribers that the subscription service will be provided with reasonable care and skill, and that we will use reasonable endeavours to maintain the availability of the website (subject to scheduled maintenance) during the term of a subscription.
6.2 You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website.
6.3 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. LIMITATIONS AND EXCLUSIONS OF LIABILITY
(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.
(a) are subject to the preceding paragraph; and
7.4 To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
7.5 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.6 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.7 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.8 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.11 You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
9.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
9.4 We may also cancel subscriptions on 30 days written notice without cause. Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).
10. THIRD PARTY WEBSITES
Our website includes hyperlinks to other websites owned and operated by third parties. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
11.1 Driving Test Success Limited and our logos are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
11.2 The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
12. From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
16. EXCLUSION OF THIRD PARTY RIGHTS
17. ENTIRE AGREEMENT
18. LAW AND JURISDICTION
19. REGISTRATIONS AND AUTHORISATIONS
19.1 We are registered with UKIE (The Association for UK Interactive Entertainment). You can find the online version of the register at http://ukie.info/member-list.
19.2 Our VAT number: GB 368 5596 38
20. OUR DETAILS
20.1 The full name of our company is Driving Test Success Limited. We are registered in England & Wales under registration number 13115790.
20.2 You can contact us by email to [email protected]