Terms of website use
1. Reliance On Information Posted & Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law; we exclude all liability for loss or damages direct or indirect arising from use of this site.
2. Information about us
www.theorytestpass.com is a site operated by Simply Helpful LTD (“We”); we are a company registered in England and Wales. Our registered office is 4 Kimbers Drive, Slough, SL18JE, United Kingdom
3. Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
4. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Only the original person who signed up and purchased a course(s) with Theory Test Pass are entitled to gain access to the course from that account. You are not permitted to save, modify, print, download, copy, distribute or sell any of the content featured on our website. All content is protected under copyright laws, full legal action is taken for copyright infringement.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
We are not the legal owners of any other companies/peoples intellectual property; we do not intend to infringe any copyright laws. If you have a claim against us for using any copyrighted material without permission please contact us.
5. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6. Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data;
Loss of goodwill;
Wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. Information about you and your visits to our site
8. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9. Links from our site
10. Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
If you have already accessed the course we are unable to refund your purchase
12. Multi-person usage
Our systems monitor the login IP address of all members, suspicious activity such as multiple logins from various locations, which may suggest you are granting another person access to your account. If our system detects that multiple logins are occurring from different IP addresses or at the same time then the account will be suspended and subject to a review by Theory Test Pass, the outcome of this review may result in permanent account suspension with no refund.
13. Account suspension
Theory Test Pass have the right to temporarily or permanently suspend a user’s account/membership should they be found to breach any of these terms and conditions or for any matter deemed to be in need of an account suspension.
14. Online Forum
We offer an online forum for members to communicate with each other; this forum is intended for users to help each other with the occasional input from Theory Test Pass staff if needed. Users can also contact support by visiting theorytestpass.com/contact
On the forum users must ensure that they are not:
- DO NOT use language that may be considered offensive to others e.g. swearing, discrimination etc.
- DO NOT give out or ask others for username, password, email address, telephone, address and any other private information
- DO NOT use the forum to sell or advertise any goods or services
- DO NOT spam – spam is considered as unnecessarily posting things e.g. posting the same question several times. Or posting lots of irrelevant links, images video etc.
- Moderators and administrators of the forum/website reserve the right to block a member’s access to the forum if they breach these rules or any behavior deemed inappropriate by Theory Test Pass.
Theory Test Pass provides support to users for content featured on our site; we are unable to provide support for any content not featured on our website. Support is provided over email only by emailing email@example.com
During high support request times it will take longer for you to receive a reply, by signing up you are agreeing to the fact that Theory Test Pass may take long periods of time to respond. There may also be times that Theory Test Pass is unable to resolve your support request.
16. Third party courses
Some of our courses are produced and/or hosted by third parties. We cannot be responsible for the content that these parties display or for the quality, accessibility, any downtime in availability and so forth. Where we are the reseller of these courses we are authorized to re-sell the courses but content, trademarks and any other assets remain the property of their original creator.
17. Some courses may require activation
There are some courses that will require activation by a member of staff; this will mean that after you have paid for a course it can take between 24- 48 hours for your course to be activated. During peak or busy periods such as promotional periods it can take significantly longer. There may also be times where you will need to create a separate account to access your course
18. ‘Lifetime’ access
Theory Test Pass offers membership options named ‘lifetime’ access. You agree that the term ‘lifetime’ refers to the lifetime of the website. Our lifetime membership will give you access to our website for the duration Theory Test Pass is trading/operating. Theory Test Pass reserves the right to suspended or permanently close our lifetime access accounts without notice. Should the company cease trading or www.theorytestpass.com cease then all lifetime memberships will also cease without refund or notice.
19. Mobile Friendly
Our website is mobile and tablet friendly for most devices, although we cannot guarantee it will be for all. Our hazard perception system is not fully compatible with tablets or smartphones due to the complex software it uses. Therefore to use the hazard perception system you will need to use a laptop or computer with an up to date browser such as FireFox.