Rainbow Fish IT Ltd - Website Terms and Conditions

Please read these terms and conditions ("the Terms") carefully. By entering our Website, you are deemed to have accepted our conditions of use as set out in the Terms, including the disclaimers which are set out in paragraph 3 below.

Introduction

1.1 This website, [www.laserquiz.com] ("the Website") is owned and operated by Rainbow Fish IT Limited ("Rainbow Fish IT," "us," "we"), a private limited company registered in England and Wales (number 04699808) whose registered office is at 10 Landport Terrace, Portsmouth, Hampshire, PO1 2RG.

1.2 We have been asked to make examinations available on the Website ("Exams") by the organisation that wishes you to take the Exams ("the Examiner"). In placing the Exams on the Website for you to access we are acting as the agent of the Examiner. The Examiner (and not us) is solely responsible for the content of the Exams and you should contact the Examiner if you have any queries or comments. Please contact us if you are not sure how to contact the organisation that wishes you to take an Exam.

1.3 From time to time, we may modify these Terms. Accordingly, please continue to review these Terms whenever accessing or using the Website. If at any time you do not agree or consent to the Terms, you may not use the Website. Please print off and retain the Terms for your records.

 

Use of the Website

User Responsibility and Indemnity

2.1 We reserve the right at any time to remove, screen or edit any materials or content on the Website a t our sole discretion without prior notice and without there being any liability on our part. You further accept that such changes may result in your being unable to access the Website or a particular Exam. We may have to suspend the Website from time to time to carry out maintenance and to make upgrades.

2.2 You agree not to do or cause to be done anything, which might interfere with the proper working of the Website.

2.3 In accessing the Website, you agree that you will access the contents solely for your own private use but not for any commercial or public use unless you are an Examiner (as defined in clause 1.2).

2.4 You undertake not to print, copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website (save for these Terms) or any Exam without our prior written permission.

2.5 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.

2.6 If we invite you to submit any contribution to the Website (including without limitation any text, graphics, video or audio) you acknowledge that, save as otherwise agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant us such rights you must not submit your contribution us. By submitting your contribution to this Website, you warrant that such contribution is;
2.6.1 your own original work and that you have the right to make it available to us for all the purposes specified above;
2.6.2 not defamatory; and
2.6.3 does not infringe any law.

2.7 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties in clause 2.6. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

2.8 We shall provide you with a confidential username, organisation identification code, and password to enable you to access the Website and Exams. You must maintain the confidentiality of your username, organisation identification code, and password and must reveal them to no one. You must immediately notify us and the Examiner if you know or suspect that your username, organisation identification code, and/or password have been disclosed to any other person.

Disclaimers

3.1 Unless otherwise specified, the materials on this Website, including the content of Exams, are directed solely at those who access this Website from the United Kingdom mainland. We make no representation that anything referred to in the materials on this Website, including any Exam, is appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United Kingdom mainland are responsible for compliance with local laws if and to the extent local laws are applicable.

3.2 Please note we give no guarantee as to, and have no liability in relation to, the currency, usefulness or accuracy of any Exams, or any questions and/or answers or the results generated, whether or not checked or moderated and whether or not Rainbow Fish IT has prepared any element of the Exam. We make no claims as to the accuracy of materials contained on this Website, including in Exams. There may be occasions when some of the information featured on the Website may contain incomplete or misleading data, typographical errors, or other inaccuracies. Any errors are wholly unintentional and we apologise for any inconvenience which this might cause. You acknowledge that the generation of accurate results is dependant on the full and accurate provision of data, and checking of Exams on the Website by the Examiner, who is solely responsible for the content of Exams.

3.3 The content of Exams, including (without limitation) questions, answers, graphics and diagrams are for illustrative purposes only. The taking of any Exam does not constitute training or tuition in any subject. Specific situations require specific consideration. No representation is made that answers are accurate, complete or appropriate and neither Rainbow Fish IT nor any person assisting in the preparation of any element of any Exam or answers shall be responsible for any action taken as a result of any Exam materials or answers. You should consult your own advisers before taking any actions as a result of information contained on this Website.

3.4 Given the unpredictabilities of technology, Rainbow Fish IT does not warrant (either expressly or impliedly) that the Website and/or the Services will meet your data processing requirements, that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or Exams will be free of viruses or other harmful elements. As a condition of becoming a user of the Website, you agree that your access is undertaken at your own risk and in accordance with the terms of use of the Website applicable from time to time. Rainbow Fish IT shall not be liable for damages of any kind and howsoever arising, (including but not limited to damage caused by viruses, worms or trojan horses) related to your use of, or inability to access or properly use, any Exam or the Website.

3.5 Rainbow Fish IT shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonably to have known of or had been advised of the possibility of the same), whatsoever or howsoever caused (including negligence) except as provided in clause 3.7 below, arising directly or indirectly in connection with these Terms, any Exam, the use of the Website or any of the materials contained in it, the content of questions or answers to Exams or as a result of withdrawing and/or screening, editing or removing any materials or content on the Website or otherwise, except that which is unlawful to exclude.

3.6 Notwithstanding the generality of clause 3.5 above, Rainbow Fish IT expressly excludes liability for direct, indirect or consequential loss or damage including but not limited to loss or damage in respect of the Website, its use, the lack of availability of the Website or any Exam or its content, loss of or damage to data or in respect of other equipment or property whether or not the same may be in Rainbow Fish IT's care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings, or otherwise.

3.7 Rainbow Fish IT does not exclude liability for death or personal injury but to the extent only that the same arises as a result of the negligence of Rainbow Fish IT, its employees, agents or authorised representatives.

3.8 You shall indemnify Rainbow Fish IT in respect of all costs (including legal costs on a full indemnity basis), losses expenses and claims in respect of or in connection with:
3.8.1 your use of the Website;
3.8.2 any improper use by you of any Exam or any materials relating to the Exam;
3.8.3 any breach by you of any of these Terms or any relevant legislation or regulations; and
3.8.4 any claim brought against us as a result of or in connection with your actions or omissions.

3.9 The colours we use, as well as the display and colour capabilities of your particular computer monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that your monitor’s display of any colour, texture, or detail of graphics or visual elements of examinations will be accurate.

Intellectual Property

4.1 All brand names, product and service names and copyright used in this Website ("the Marks") are Marks of their respective holders. All goodwill associated with the Marks or with Rainbow Fish IT’s trade names or marks shall inure solely to the benefit of their respective holders or with Rainbow Fish IT and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.

4.2 No permission is given by us for the use of the Marks or our trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.

4.3 All designs and content featured on this Website, including navigational buttons and images, artwork, graphics, photography, text and the like are the copyright of Rainbow Fish IT or its licensors and any use of materials on this site without our prior written consent is strictly prohibited.

Privacy Policy

5.1 Rainbow Fish IT is registered as a data controller with the office of the Data Protection Commissioner. Our DPA number is [insert number]. Details of our registration can be found at the Data Protection Commissioner's Website www.dataprotection.co.uk .

5.2 We respect your concerns about privacy. We, therefore, encourage you to refer to our privacy policy [link to policy] on an ongoing basis to stay abreast of our most current privacy policy practices, which are intended to protect your privacy and ensure that your personal information is handled in a safe and responsible manner. As we continue to develop our Website and take advantage of technologies to improve the services we provide, our policies will continue to evolve.

Hyperlinks

6.1 Certain hypertext links in this site will lead to websites which are not under our control. When you activate any of these, you will leave our Website. We have no control over the material on any of these linked websites.

6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.

Exams and Answers

7.1 The rules relating to each Exam, and the process for the provision of answers and results are set out on the Website. Times for the provision of results are estimates only.

7.2 Exams are marked in accordance with the marking scheme provided by the Examiner, and you should raise all queries on your results with the Examiner.

Force majeure

8.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.

8.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes.

General

9.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

9.2 English law is applicable to any contract made under the Terms. The English courts have exclusive jurisdiction.

9.3 If you are more than one person, each of you has joint and several obligations under the Terms.

9.4 If any of the Terms are unenforceable as drafted:
9.4.1 it will not affect the enforceability of any other of these terms; and
9.4.2 if it would be enforceable if amended, it will be treated as so amended.

9.5 Any notice which is to be served under the Terms may be served:
9.5.1 by you by leaving it at or by delivering it (by first class post) to our registered office; and
9.5.2 by us by leaving it at or by delivering it (by first class post) to the last address you have given us.

All such notices must be signed.

9.6 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person who is not as party to these Terms.

9.7 Nothing in these Terms shall create, or be deemed to create, a partnership, a joint venture, a relationship of principal and agent or a relationship of employer and employee between the parties.

9.8 Any queries or comments about the Website, complaints, or objection to us making use of your personal data in the ways detailed above, should be directed to Linda Cowie at website_comments@www.rainbowfish-it.com.

 

(last updated September 2005)