Terms and Conditions
Downloadable Digital Products Terms and Conditions of Sale
Last updated December 30, 2021
1.0 Introduction
These terms and conditions set out the terms and conditions between you, the customer, and Abounding Solutions (“us”, “we”), governing the use of our website and our downloadable digital recordings including the content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
2.0 License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
Any subscription or licence purchased for personal or household use (including “parent” or “individual” plans) is strictly for use by the named account holder and their child(ren) within their own household and must not be used by, or on behalf of, any tutor, tuition business, school, education provider, or other organisation. If you are a tutor, school, or other education provider — or if you use Exam Happy with students outside your own household, whether free of charge or for commercial benefit — you must hold a valid Tutors for Schools licence (or another licence explicitly approved by us in writing) before permitting any student to access or use Exam Happy. For the avoidance of doubt, it is prohibited to: (a) use a parent/individual licence to teach, assign work to, supervise, or provide access for any student outside your household; (b) share login credentials with students or third parties; or (c) use any parent/individual account “on behalf of” a tutor or organisation. We reserve the right to monitor usage for suspected misuse and, where we reasonably believe a personal licence is being used for tutoring/school purposes, we may suspend or terminate access immediately and/or require you to upgrade to the appropriate Tutors for Schools licence. We may also charge the difference between the licence purchased and the correct licence fee (including any applicable taxes) for the period of misuse.
3.0 Intellectual Property
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
4.0 Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
5.0 Warranties and Liability
We make every effort to ensure that our products are accurate, authoritaive and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
6.0 General
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
7.0 Subscription
Subscription – Your Exam Happy subscription will continue and automatically renew until terminated. To use the Exam Happy app you must have Internet access, a device that can utilise the Exam Happy services and a valid form of payment. You authorize us to charge any form of payment you provide, in connection with your subscription. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. You may also incur third party charges and taxes when receiving the Exam Happy services through your smartphone or another mobile device.
Account – To have a subscription you will need to open a user account. You will be asked to provide us with certain information such as an email address or Apple ID. You are solely responsible for maintaining the confidentiality of your account, your email address and Apple ID. Please make sure the information you provide to us at all times is true, accurate, current, and complete to the best of your knowledge. Account sharing is strictly prohibited. You may not sell, share, transfer, or provide access to your account to anyone else, including but not limited to allowing multiple users to access a single account. Any detected instances of account sharing or unauthorised access may result in immediate suspension or termination of your account, without a refund, at our sole discretion. We reserve the right to investigate and take action against any misuse of accounts to maintain the integrity of our services.
Cancellation – You can cancel the Exam Happy app subscription at any time. However, you will continue to have access to the App through the end of your subscription period. To cancel your subscription, please login into your account.
8.0 Referral Programme
Referral Programme – The Exam Happy Referral Programme allows eligible users to invite others to join Exam Happy. When a new user signs up for a free trial using a valid referral link and verifies their email address, both the referrer and the new user may receive one week of bonus subscription time. Referral rewards are subject to availability and the number of rewards a single user may earn within any calendar year is limited at our discretion.
To be eligible for referral rewards, referrers must hold an active web subscription purchased directly through our website. Subscriptions purchased through the iOS App Store or Google Play Store are not eligible for referral credits. If you currently subscribe through a mobile app store, you may cancel your existing subscription and create a new subscription through our website using the same email address to become eligible; referral credits will then be automatically applied to future billing cycles.
The following activities are strictly prohibited and will result in immediate disqualification from the Referral Programme, forfeiture of any earned rewards, and potential account termination: creating multiple accounts to refer yourself; referring accounts that are not genuine users; offering cash, gifts, or other incentives to referred users; distributing referral links through spam or unsolicited communications; making false or misleading claims about the programme; and using the programme for commercial purposes including affiliate marketing or paid advertising of referral links.
All referrals are subject to verification and we reserve the right to delay, withhold, or revoke rewards pending investigation. Referral credits are non-transferable, hold no cash value, and cannot be withdrawn, exchanged, or refunded. We reserve the right to modify, suspend, or terminate the Referral Programme at any time, with or without notice, and our decision on all matters relating to the programme is final and binding.
Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Downloadable Digital Products Terms and Conditions of Sale Policy via email support@examhappy.co.uk
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