Introduction

1.1    These terms and conditions shall govern your use of testandtrack.io.

1.2    By using testandtrack.io, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use testandtrack.io.

1.3    If you register with testandtrack.io we will ask you to expressly agree to these terms and conditions.

2.     Credit

2.1    This document was created using a template from SEQ Legal ( https://seqlegal.com).

3.     Copyright notice

3.1    TeachingComputing is the copyright owner of all content unless otherwise stated. 

3.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in testandtrack.io and the material on testandtrack.io; and

(b)    all the copyright and other intellectual property rights in testandtrack.io and the material on testandtrack.io are reserved.

4.     Permission to use website

4.1    You may:

(a)    view pages from testandtrack.io in a web browser;

(b)    download pages from testandtrack.io for caching in a web browser;

(c)    print pages from testandtrack.io for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from testandtrack.io; and

(e)    use testandtrack.io services by means of a web browser,

        subject to the other provisions of these terms and conditions.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from testandtrack.io or save any such material to your computer.

4.3    You may only use testandtrack.io for educational or training purposes; you must not use testandtrack.io for any other purposes.

4.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on testandtrack.io.

4.5    Unless you own or control the relevant rights in the material, you must not:

(a)    re-publish material from testandtrack.io (including re-publication on another website);

(b)    sell, rent or sub-license material from testandtrack.io; or

(c)    exploit material from testandtrack.io for a commercial purpose.

4.6    We reserve the right to suspend or restrict access to testandtrack.io, areas of testandtrack.io and/or functionality of testandtrack.io. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.7    You may utilise testandtrack.io in accordance with the limitations of use (including number of permitted teachers and students) specific to your subscription. 

5.     Misuse of website

5.1    You must not:

(a)    use testandtrack.io in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use testandtrack.io in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with testandtrack.io;

(d)    probe, scan or test the vulnerability of testandtrack.io without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to testandtrack.io;

(f)     use testandtrack.io 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;

(g)    impose an unreasonably large load on testandtrack.io resources (including bandwidth, storage capacity and processing capacity);

(h)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to testandtrack.io without our express written consent;

(i)     access or otherwise interact with testandtrack.io using any robot, spider or other automated means, except for the purpose of search engine indexing;

(j)     use testandtrack.io except by means of our public interfaces;

(k)    do anything that interferes with the normal use of testandtrack.io.

6.     Registration and accounts

6.1    You may register for an account with testandtrack.io by completing and submitting the account registration form on testandtrack.io.

6.2    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.3    You must not use any other person's account to access testandtrack.io, unless you have that person's express permission to do so.

6.4    We reserve the right to delete accounts that have been inactive for 6 months. We also reserve the right to delete free accounts that have been inactive for over 3 months.

7.     User login details

7.1    If you register for an account with testandtrack.io, you will be asked to enter your email and choose a password.

7.2    You must keep your password confidential.

7.3    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.4    You are responsible for any activity on testandtrack.io arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.     Deletion of account

8.1    You may delete your account on testandtrack.io in the Account Settings area. Please note that deletion of an account does not entitle the user to a refund of any subscription payments already made.

9.     Our rights to use your content

9.1    In these terms and conditions, "your content" means all data that you submit to testandtrack.io for storage or publication on, processing by, or transmission via, testandtrack.io.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content within the functionality of this website.

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You may edit your content to the extent permitted using the editing functionality made available on testandtrack.io.

10.   Rules about your content

10.1  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11.   Limited warranties

11.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on testandtrack.io;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will be available at all times.

11.2  We reserve the right to discontinue or alter any or all testandtrack.io services at any time in our sole discretion without notice or explanation.

11.3  To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, testandtrack.io and the use of testandtrack.io.

12.   Limitations and exclusions of liability

12.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

12.2  The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: 

(a)    are subject to Section 12.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3  To the extent that testandtrack.io and the information and services on testandtrack.io are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5  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.

12.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8  Subject to Section 12.1, our total aggregate liability to any user is limited to an amount equal to the most recent annual price paid for your subscription. 

13.   Breaches of these terms and conditions

13.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to testandtrack.io;

(c)    permanently prohibit you from accessing testandtrack.io;

(d)    block computers using your IP address from accessing testandtrack.io;

(e)    suspend or delete your account on testandtrack.io.

13.2  Where we suspend or prohibit or block your access to testandtrack.io or a part of testandtrack.io, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

14.   Variation

14.1  We may revise these terms and conditions from time to time.

14.2  The revised terms and conditions shall apply to the use of testandtrack.io from the date of publication of the revised terms and conditions on the website and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using testandtrack.io.

15.   Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

16.   Severability

16.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

17.   Third party rights

17.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18.   Entire agreement

18.1  Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of testandtrack.io and shall supersede all previous agreements between you and us in relation to your use of testandtrack.io.

19.   Law and jurisdiction

19.1  These terms and conditions shall be governed by and construed in accordance with English law.

19.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20.   Our details

20.1  This website is owned and operated by TeachingComputing.

20.2  You can contact us:

(a)    using the testandtrack.io contact form; or

(b)    by email, [email protected].