App Terms and Conditions

Please read the following important terms and conditions before using the EXAMFIT app, which we refer to as the ‘app’. For information, we will be launching the app in two phases. During our Alpha launch, you will be able to sign up to the app, for free, to set up your account, create a profile and access the features of the app. During our Beta launch, we will be introducing new features which you can only access if you pay a fee.

In these terms and conditions, there are sections which apply to both the Alpha and Beta launches, and separate terms which apply to the Beta launch only. This is because the Beta launch involves payment of a fee, which triggers additional legal requirements. Please make sure that you read the correct section, as its terms will be binding on you.

Terms which apply to both Alpha and Beta stages

Who are we?

1. Introduction
   1. If you use the app you agree to be legally bound by this contract.
   2. This contract sets out:
      1. your legal rights and responsibilities;
      2. our legal rights and responsibilities; and
      3. certain key information required by law.
   3. If you don’t understand any part of this contract and want to talk to us about it, please contact us by:
      1. email on info@examfit.co.uk. Emails are monitored from Monday to Friday, 9am until 5.30pm; and
      2. telephone on (0)20 8834 4579 Monday to Friday, 9am until 5.30pm.
   4. You may only use the app for non-business reasons.
   5. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
   6. When using the app you also agree to be legally bound by our Website Terms of Use and our Privacy Policy.
      1. our Website Terms of Use;
      2. our Privacy Policy;
      3. extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to do this by giving you one month’s notice. In the case of the Alpha launch, you can end this contract at any time by giving one month’s notice if we tell you extra terms apply. In the case of the Beta launch, please refer to clause 12.1.1; and
      4. specific terms which apply to the app where you make a payment to us (please see the terms under the ‘Beta launch’ section).

All these documents form part of this contract as though set out in full here.

1. Your privacy and personal information
   1. Our Privacy Policy is available at https://www.examfit.co.uk/privacy-policy/.
   2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
2. Limit on our responsibility to you
   1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
      1. losses that:
         1. were not foreseeable to you and us when the contract was formed; or
         2. that were not caused by any breach on our part;
      2. business losses; and
      3. losses to non-consumers.
3. Disputes
   1. We will try to resolve any disputes with you quickly and efficiently.
   2. If you are unhappy with the app, our service to you, or any other matter, please contact us as soon as possible.
   3. If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
   4. The laws of England and Wales will apply to this contract.
4. Third party rights
   1. No one other than a party to this contract has any right to enforce any term of this contract.

Terms which apply to the Beta stage only

Summary of some of your key rights:

1. Ordering the app from us
   1. Below, we set out how a legally binding contract between you and us is made.
   2. You must  complete an online transaction in order to gain access to paid-for parts of the app.
   3. . A a legally binding contract will be in place between you and us when we email you to confirm receipt of your payment (Confirmation Email). It is your responsibility to ensure that you have received and read the Confirmation Email, so please ensure that it has not gone to your junk mail.
2. Permission to use the app
   1. When you buy the app, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
   2. The app:
      1. is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
      2. is non-exclusive to you. We may supply the same or similar the app to other users;
      3. may not be:
         1. copied by you;
         2. changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
         3. combined or merged with, or used in, any other computer program;
         4. distributed or sold by you to any third party;

1. 1. 1. includes:
         1. updates;
         2. upgrades;
         3. new releases;
         4. new versions; and

1. 1. 1. contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
   2. Except where you have permission to use the app under this clause 7, you will not obtain any rights of ownership or other rights (of whatever nature) in the app or in any copies of it.
2. Access
   1. Once you have made a payment and we have sent the Confirmation Email (see clause 6.2.3), you will receive access to the app. 
   2. If something happens which:
      1. is outside of our control; and
      2. affects you being able to access the app,

we will let you have a revised time for when you can expect to be able to access the app.

1. Payment
   1. We accept most credit and debit cards.
   2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the app is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 2) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
   3. The price of the app is in pounds sterling (£) (GBP) and includes VAT at the applicable rate.
2. Nature of the app
   1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the app:
      1. is of satisfactory quality;
      2. is fit for purpose; and
      3. matches its description.
   2. When we supply the app:
      1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
      2. we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
      3. you acknowledge that there may be minor errors or bugs in it.
3. Faulty app
   1. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
   2. Please contact us using the contact details at the top of this page, if you want:
      1. us to repair the app;
      2. a price reduction; or
      3. to reject the app and get a refund.
   3. To avoid faults in the app happening, you must install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded].
4. Your right to end the contract
   1. You can always end your contract with us via one of the methods set out in clause 13. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
      2. If you have just changed your mind about the app, you may be able to get a refund if you are within the cooling-off period, but this will not apply if you have already been granted access to or started using the app. Please see clause 12.3 for more information;
      3. In all other cases (if we are not at fault and there is no right to change your mind), see clauses 12.4.
   2. If you are ending a contract for a reason set out below the contract will end immediately and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the app or these terms which you do not agree to;
      2. we have told you about an error in the price or description of the app and you do not wish to proceed; or
      3. we have suspended supply of the app for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month.
   3. Your right to change your mind (and exceptions to this)
      1. You have a legal right to change your mind within 14 days after the day we send the Confirmation Email, unless clause 12.3.2 applies.
      2. You lose the right to change your mind once you receive access to the app or start using it. Where we  have already given you access to paid-for parts of the app, you will not be  eligible for a refund unless the content is faulty (in which case see clause 11 above). 
      3. You must read the following statement, agree to it, and tick the relevant box when buying the app: “I hereby consent to immediate performance of this contract upon making payment and acknowledge that I will lose my right of withdrawal from the contract once access to the digital content has been granted.’
   4. You have the option of choosing a rolling contract or a fixed-term subscription. The respective rates for these options are set out within the app. Your rights to terminate your subscription with us depends on whether you have chosen a rolling contract or a fixed-term subscription:
      1. If you are on a rolling contract, this will terminate at the end of the period in which you told us you were ending it. For example, if you had a one-month subscription and ended the contract on 20 February, you would continue to have access to the app until the end of February.
      2. If you are on a fixed-term subscription, you can terminate your subscription at any time during that fixed term. When you do this, your termination notice will take effect at the end of your subscription period. If you do not terminate within the period of your subscription, your subscription will automatically renew for another fixed term.

If you choose the fixed-term subscription, we will remind you of an upcoming renewal before this is due to happen, so that you have plenty of time to decide if you want to continue your subscription for another fixed term.

Regardless of whether you have a rolling contract or a fixed-term subscription, you need to use one of the methods specified in clause 13 to inform us of your intention to terminate.

1. How to end the contract with us (including if you have changed your mind)
   1. To end the contract with us, please let us know by doing one of the following: 
      1. Via the app. Update your subscription preferences here.
      2. Phone or email. Call customer services on (0)20 8834 4579 or email us at info@examfit.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      3. Online. Complete an online form on our website.
      4. By post. Write to us at Examfit, Kemp House, 152 – 160 City Rd, London EC1V 2NX, including details of what you bought, when you ordered or received it and your name and address.
   2. If you are due any refund, we will refund you by the method you used for payment.
   3. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
2. Our rights to end the contract
   1. We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
   2. You must compensate us if you break the contract. If we end the contract in the situation set out in clause 14.1 we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.