Please
take the time to carefully review the terms and conditions ("Terms")
that govern your use of "Exam Sorted" (the "Service" or
"Website") located at https://www.examsorted.com. It is important to
read the Terms carefully as they impact your rights and liabilities under the
law. If you do not agree to these Terms, please refrain from using the Service
or becoming a registered user of the Service. Please note that these Terms do
not affect your statutory rights.
1.
About us
1.1.
Cybersort Ltd (company number 15027986, “Exam Sorted”, “our”, “we”, “the
Company”) is a company registered in England.
1.2.
Our website, examsorted.com (referred to as "the site"), is run by
us. We are responsible for managing and administering the site and providing
content and services, which we refer to as "the Services," to our
members (defined in clause 5 below).
1.3.
To contact us, please email our customer support team via the site.
2.
General obligations
2.1.
Please carefully read these terms of service ("the Terms of Service")
before using any of the Services. These Terms apply to the Services provided by
Cybersort. By using the Services, you acknowledge that you have read and agree
to the Terms of Service, which constitute a binding legal agreement between you
and Cybersort. If you do not agree with the Terms of Service, you must not use
the Services.
2.2.
Please take the time to read our privacy policy ("the Privacy
Policy"), which can be found here:
https://www.examsorted.com/privacypolicy/. By using the Services, you are
acknowledging that you have read the Privacy Policy and agree to its terms. If
you do not agree with the Privacy Policy, you must refrain from using the
Services.
2.3.
Please pay attention to clauses 4.1 to 4.8, which contain warnings about the
scope of the Services.
2.4.
The Terms of Service and any dispute arising out of or in connection with the
Terms of Service are governed by the laws of England and are subject to the
exclusive jurisdiction of the courts of England.
2.5.
By accepting the Terms of Service, you understand and agree that all
information and content on the site, through the Services, in sponsorships,
advertisements, or other materials provided to you by Exam Sorted, is protected
by applicable copyrights, patents, trademarks, service marks, and other
proprietary rights and laws. This covers all information and content on the
site, including but not restricted to text, software, sound, music, images,
graphics, and other materials.
2.6.
You promise not to copy, reproduce, download, alter, translate, publish,
broadcast, transmit, distribute, publish, edit, adapt, upload, share, display,
license, sell, or otherwise exploit any content contained on the site for any
reason unless Exam Sorted has given you express permission to do so.
2.7
Exam Sorted retains all pertinent rights to the site's material that aren't
specifically included in the Terms of Service.
2.8
Exam Sorted maintains the right, at our sole discretion, to add to, subtract
from, or alter the Terms of Service in whole or in part at any time.
2.9
Exam Sorted shall notify the site of any changes to the Terms of Service, and
such modifications shall take effect immediately upon posting.
2.10
Once the Terms of Service and/or the Privacy Policy have been changed, you must
cease using the site if you do not agree to them.
3.
Membership criteria
3.1.
Our services are available to only those who are aged 12 years and above.
3.2.
Please refrain from trying to sign up for membership (see clause 5 below) or
providing any personal information to the Company, such as your name, address,
phone number, or email address if you are under 12 years of age.
3.3.
If we discover that we have unintentionally collected information from a person
under the age of 12, we will promptly delete that information.
4.
Usage of our services
4.1.
The services and content on our site are intended for educational and
entertainment purposes only. They do not constitute legal, professional,
medical, psychological, therapeutic, or healthcare advice, diagnosis, or
counseling, and should not be used for such purposes.
4.2.
Exam Sorted does not guarantee that the services will be uninterrupted,
error-free, reliable, or timely, that defects will be corrected, or that the
Services or any relevant server are free of viruses or other harmful
components.
4.3.
Exam Sorted does not guarantee that videos or files available for viewing
through the site will be free of contaminating or damaging code such as
viruses, trapdoors, and similar threats.
4.4.
Exam Sorted does not endorse or guarantee the accuracy, completeness,
timeliness, or usefulness of any content, advice, services, or merchandise
provided on the site or on the Internet in general.
4.5.
Exam Sorted does not make or provide any guarantee, representation, warranty,
or any other agreement of any kind, whether express or implied, whether written
or oral, that the information and/or any services provided on or through the
site are valid, accurate, correct, complete, exhaustive of any given subject
matter, or fit for any particular purpose. You must check the information
provided and requirements published by any relevant exam board(s) and school to
ensure the accuracy, validity, completeness, exhaustiveness, and fitness for
any particular purpose of the information appearing on or any services provided
through the site. You strictly rely on all such content and/or services at your
own risk.
4.6.
Any answers or solutions provided on the site represent Exam Sorted’s
interpretation of an answer and/or solution to a given question. However, these
answers and/or solutions are not claimed to be the correct or definitive answer
to that question. There may be other possible answers or solutions to that
question.
4.7.
Exam Sorted is not responsible or liable if you or your student(s) or
child/children, where applicable, incorrectly answer a question in an
assignment, exam, or any form of formal testing administered by a school or
exam board by using a method or procedure featured on the site. This includes
methods or procedures that do not correspond to the methods or procedures
taught at the relevant student’s school or equivalent educational facility.
4.8.
Exam Sorted cannot guarantee any formal or informal academic testing outcomes.
Restrictions
4.9.
When using the site and the Services you agree to follow the below points:
4.9.1.
Do not modify, download, reproduce, copy, or resell any material featured on
the site, the site’s content, or any other service offered by Exam Sorted.
4.9.2.
Please refrain from using the Services, site, content, or any derivative for
commercial purposes.
4.9.3.
Do not bypass any measures to prevent or restrict access to any portion of the
site or any other service operated, owned, and managed by Exam Sorted.
4.9.4.
Do not interfere with the operation of the site by uploading viruses, adware,
spyware, worms, or other malicious code.
4.9.5.
Do not use any automated tools such as robots, spiders, data miners, crawlers,
or scrapers to access or interact with the site for information collection.
4.9.6.
Please refrain from reverse engineering, disassembling, decompiling, or
attempting to discover the source code or underlying algorithms of any part of
the site, Exam Sorted's Facebook page, or any related web-hosted service
administered, managed, and owned by Exam Sorted. The only exception to this
prohibition is if such activity is expressly permitted by applicable law.
4.9.7.
Do not use our site, Facebook page, or any related service unlawfully, which
could damage, disable, or impair the site.
4.9.8.
Do not use the site for any illegal purpose or in violation of any local,
state, national, or international law, including laws governing intellectual
property, proprietary rights, data protection, and privacy.
4.9.9.
Please refrain from collecting contact information from the site, Facebook, or
any other related service administered, managed, and owned by Exam Sorted for
the purpose of sending unsolicited emails or messages or for the benefit
of any third party.
4.9.10.
Do not modify or create derivatives of any part of the site, Facebook, or any
other service administered, managed, and owned by Exam Sorted.
4.9.11.
Do not impersonate any person or entity. Do not falsely state or otherwise
misrepresent yourself and your age, or create a false identity on the site,
Exam Sorted Facebook page, or any other service.
4.9.12.
Do not attempt to use another member’s account. It will not be permitted under
any circumstances.
5.
About Your Exam Sorted Subscription
Registration
5.1.
A certain percentage of the content on our site is available for free viewing
without requiring any form of paid membership, which we refer to as ‘Guest’
plan.
5.2.
To access additional content, you will need to register as a paid member
("Member") with the site and purchase a membership
("Membership").
5.3.
When registering, you must provide certain information, including your full
name, address, and email ID.
5.4.
Your information must be accurate, current, and complete. If any information
you provide is untrue, inaccurate, not current, or incomplete, Exam Sorted
reserves the right to terminate your Membership and deny any current or future
access or use of the site.
5.5.
Once Exam Sorted receives your information, you will receive a confirmation
email verifying your membership. Your member's account will include an account
management page with details of the memberships you've purchased and your
account settings.
Password
and security
5.6
When you sign up to be a member, you must create a password. While setting up
the password, it's important to choose a combination of lowercase letters,
uppercase letters, numbers, and symbols (for example, C00lITDown!*). Please
ensure your password is unique to your Exam Sorted account, and avoid using
nicknames or birth dates.
Keep
your username and password confidential, and don’t share it with anyone. Always
log off from the site after your session to prevent unauthorised access. You
are accountable for all actions taken using your password. You can modify your
password at any time by logging into your account and choosing the ‘Change
password’ option. If you have any security concerns regarding your account,
please get in touch with us at support@examsorted.com.
5.7
Members can log in on only one device at a time, but there is no restriction on
the number of devices they can use.
5.8.
As mentioned in clause 5.14.2 below, we may monitor all members’ site usage.
However, we do not allow members to share their login details. If you find
yourself logged out of your account, please ensure that you are not logged in
on any other device and have not shared your login details with anyone else.
Subscription
plan and Payment
5.9.
To access the members’ section of Exam Sorted, users must purchase a
subscription plan (Monthly, Quarterly, or Annual).
5.10.
Exam Sorted reserves the right to modify the amount, structure, or timing of
charges and/or payments for any services any time.
5.11.
You will be invoiced in advance on a recurring and periodic basis (referred to
as a “Billing Cycle”). Billing Cycles are set on a monthly, quarterly, or
annual basis, depending on the type of subscription plan you choose.
5.12.
At the end of each billing cycle, your subscription will get renewed
automatically unless you or Exam Sorted cancels it. If you want to cancel your
subscription, you can send an email to support@examsorted.com before your
billing cycle ends.
5.13.
The payment for the member’s subscription plan is processed through Stripe. You
must provide Exam Sorted with accurate and complete billing information,
including your full name, address, and card details. By submitting this payment
information, you authorise Exam Sorted to charge all Subscription fees incurred
through your account to the provided payment instrument.
Termination
and suspension of your account
5.14
Exam Sorted has the right to terminate or suspend your access to and use of the
services as a member with immediate effect and without notice for the
below-mentioned reasons:
5.14.1.
Payment is not received
5.14.2.
If it is found that you have shared your account with another student, person
or entity. (Exam Sorted can monitor your usage of the service and will use this
information to conclude whether you have shared your account details);
5.14.3.
You have breached any of the Terms of Service
5.14.4.
We are unable to verify the accuracy or validity of any information you
provided.
5.14.5.
We suspect fraudulent, abusive or illegal activity by you.
5.15.
Exam Sorted may reach a conclusion that will result in termination or
suspension, even if it is based upon our opinion or mere suspicion or belief,
without any duty to prove that our opinion or suspicion is well-founded.
5.16.
At any point, if Exam Sorted deems user conduct is unsuitable, it may terminate
the permission previously granted to a user.
5.17.
You may cancel your membership at any time, but Exam Sorted will not provide a
refund of any payment(s) (see section “Refunds”).
6.
Third party websites
6.1.
Exam Sorted has no affiliation with, nor representation over, any third
parties, including those mentioned or linked on the website, and as such, has
no jurisdiction over any of them.
6.2.
Exam Sorted disclaims all control, endorsement, liability, and responsibility
for any material, goods, advertisements, or other resources obtained from third
parties.
6.3.
You acknowledge and agree that Exam Sorted, as well as our officers, directors,
and employees, are not responsible for any disagreement you may have with a
third party by accepting the Terms of Service.
6.4
Exam Sorted is a privately held business that operates apart from all exam
boards, including those that are referenced on the website. Exam Sorted and the
exam boards—whether or not listed on the website—do not have a formal
agreement, endorsement, affiliation, or other relationship. Exam boards do not
oversee, monitor, or perform any kind of quality control over any of the
services, including any content that is made available on the website. Reliance
on the services, including any material displayed on the site, is entirely at
your own risk, as stated in clause 4.
7.
Liabilities
7.1.
To the maximum extent allowed by applicable law, Exam Sorted, on its own behalf
and on behalf of its parents, subsidiaries, affiliates, officers, directors,
shareholders, employees, and suppliers, hereby excludes and disclaims all
liability for any losses and expenses that may arise from the Services, or from
any linked services or websites, including but not limited to any direct,
indirect, special, incidental, consequential, punitive, or exemplary damages,
including but not limited to loss of revenue, use, business, profits, or other
economic advantage, as well as third-party claims arising out of or in
connection with the Services. Regardless of the basis for the asserted
obligation—contract, tort (including negligence), strict liability, or any other
reason—this limitation of liability is applicable.
7.2.
The limitations set out in clause 8.1 above are fundamental and the services
would not be provided without such limitations.
7.3.
Under no circumstances will Exam Sorted's liability to you or any third party,
and/or the liability of our parents, subsidiaries, officers, directors,
employees, and suppliers, exceed the amount of any charges and/or payments you
make to Exam Sorted in the 12 months prior to the action or event giving rise
to the liability.
7.4.
Except for claims arising from users' responsibilities as outlined in clause 10
below, you and Exam Sorted agree that any cause of action arising out of or
related to the Services must begin within six months of the cause of action's
emergence; failure to do so will result in the cause of action being
permanently barred.
8.
Site maintenance
8.1.
Exam Sorted will make every effort to give you continuous access to the site
and the Services; nevertheless, under certain situations, such as when Exam
Sorted is having technical issues, we may need to remove, alter, stop, or
suspend one or more features of the site. Exam Sorted will, however, make every
effort to provide a fair amount of advance notice of its plan to do so.
8.2
Exam Sorted retains the right, at any time and for any reason, with or without
notice, to withhold, remove, edit, revise, and/or destroy any content on the
site, including content made available to you as a Member.
9.
Indemnity
You
agree to compensate Exam Sorted, its subsidiaries, and affiliates, as well as
their respective officers, agents, partners, and employees, for any loss,
liability, claim, or demand, including reasonable legal fees, that arises from
or is connected to your use of the site and the Services in violation of the
Terms of Service. This also applies to any breach of the Terms of Service and
any breach of your representations and warranties made to the Company.
Additionally, if any content you post on the site causes Exam Sorted, its
subsidiaries, affiliates, and their respective officers, agents, partners, and
employees to become liable to any other party, you agree to indemnify them.
10.
Changing Subscription Plan
Members
can switch between the three subscription plans (Monthly, Quarterly, and
Annual) whenever they need to. However, that change will be effective only from
the next billing cycle. Also, members will not be entitled to any refund due to
the change of the subscription plan. To change the subscription plan, users can
contact support@examsorted.com.
11.
Cancellation of Subscription
You
can cancel your subscription plan as a member at any time. You can
contact support@examsorted.com to request a cancellation from
us. All cancellation requests will be processed as soon as possible once we
receive them, usually within 24 to 48 hours. Please email us if you want to
cancel your membership at least 7 days before the billing date so that you will
not be charged for the subsequent membership period. In addition to providing
us with your first and last names and Exam Sorted registered email address, all
cancellation requests must also state that they are being cancelled. We reserve
the right not to give refunds for any unused Subscription Plan.
12.
Refunds
We
do not provide refunds for purchases made through the site. However, we do
offer a guest account that provides free access to limited content.
Additionally, we provide three types of subscription plans: monthly, quarterly,
and annual. If a user cancels their subscription in the middle of a billing
cycle (monthly/quarterly/yearly), they will not receive a refund for the
current billing cycle. Refer to point 10 for cancelling the subscription.