Terms and Condition

The terms and conditions set out below are the contract between you and us. By using our Services, you agree to be bound by them.

These are the agreed terms:

  1. Definitions

    QualifyFAST’, ‘us’, ‘we’, ‘our’ and ‘ours’ are references to QualifyFAST Limited, company number 12905374, whose registered address is at 25 Calderbrook Court Meadowbrook Way, Cheadle Hulme, Cheadle, England, SK8 5NX.

    ‘Content’ means the text (including questions and answers), images, sounds and videos and other content that is encountered as part of your experience on our Website. It includes any material Posted by you.

    ‘Intellectual Property’ means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, Content, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

    ‘Post’ means place on or into our Website any Content or material of any sort by any means.

    ‘Service’ means the service that we provide from time to time through our Website, whether free or charged.

    ‘our Website’ means this website and any other websites or webpages that we control, including those on social media platforms.

    ‘you’, ‘your’ and ‘yours’ are references to you, the party to this agreement.

    ‘Visitor’ means anyone who visits our Website.

  2. Interpretation

    In this agreement unless the context otherwise requires:

    1. A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
    2. A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
    3. The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
    4. Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
    5. A reference to an act or regulation includes new law of substantially the same intent as the act or regulation that is superseded.
    6. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
  3. Basis of Contract

    1. In entering into this contract, you agree that you have not relied on any representation or information from any source except the definition and explanation of our Service as given on our Website.
    2. Subject to these terms and conditions, we agree to provide to you with our Service as described on our Website at the prices we charge from time to time.
    3. Some parts of our Service are now or may in future, be available to you only subject to additional terms. Those terms will be set out on our Website. You now agree that if you choose to use any such additional part, the relevant terms will become part of this agreement.
    4. You acknowledge that you understand exactly what is included in the Service and you are satisfied that the Service is suitable and satisfactory for your requirements.
    5. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
    6. Our contract with you and licence to you last for the period for which you subscribe. Any continuation by us or by you after the expiry of that period is a new contract under the terms published on our Website on that date. Your continued use of our Service after that date shall be deemed acceptance by you of the Service or terms as at that date.
    7. The contract between us comes into existence only when we write to you to confirm that we agree to provide our Service to you. Your payment does not create a contract. If we decline to provide our Service to you then we shall immediately return your payment to you.
    8. If we give you free access to our Service, you now agree that you will abide by those terms as if you had paid for that Service.
    9. At any time we may change this agreement and/or the way we provide our Service. If we do:
      1. The change will take effect when we make it available to you.
      2. You agree to be bound by any changes. If you do not agree to be bound by them, you should not use our Service.
      3. If you make any payment for Service in the future, you will do so under the terms published on our Website at that time.
  4. Your account and personal information

    1. When you visit our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
    2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
    3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
  5. Your right to cancel before using our service

    1. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you 14 days within which you may cancel your purchase of our service without giving any reason and ask for a full refund of your money.
    2. We believe that you will want to be provided with our Service immediately. In that case, you must instruct us to allow you to use it immediately, knowing that you will lose your right to the 14-day ‘cooling off’ period.
    3. You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us to provide access as soon as we confirm our contract with you. You know that by doing so, you may not be entitled to a refund.
    4. You now confirm that:
      1. you instruct us to provide our Service to you before the expiry of 14 days; and
      2. in doing so, you understand and accept that you will lose your right to cancel the contract; and
      3. you understand that your agreement is a term of the contract between us.
  6. Trial period

    1. We may offer you a trial period in which to ascertain whether our Service is suitable for you.
    2. During the trial period you will be able to terminate this agreement without us charging you for use of our Service.
    3. The duration of the trial period is at our discretion and may change from time to time. The duration shown on our Website when you subscribe for our Service is the one that applies to your use of our Service.
    4. During the trial period, these terms and conditions apply, whether or not you have made payment for our Service.
  7. Price and payments

    1. The prices payable for our Service (the ‘Licence Fee’) are clearly set out on our Website.
    2. Prices are inclusive of any applicable value added tax or other sales tax.
    3. Other than the limitation set out above a licence to use our Service is non-refundable and non-transferable.
    4. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
  8. Content you Post

    1. If you Post Content to any public area of our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
    2. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
    3. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
    4. You accept all risk and responsibility for determining whether any Content is in the public domain and whether or not it is confidential.
    5. We maintain reasonable procedures for general backup of data for our own purposes, but we give no warranty that any information relating to your use of our Service will be saved or made available to you at any time.
    6. Please notify us of any security breach or unauthorised use of your account.
  9. Restrictions on Content you Post

    You agree that you will not use or allow anyone else to use our Service to Post Content or undertake any activity which is or may be:

    1. unlawful, or tend to incite another person to commit a crime;
    2. obscene, offensive, threatening, violent, malicious or defamatory;
    3. sexually explicit or pornographic;
    4. likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    5. intended to request or collect passwords or other personal information from another user without his or her permission;
    6. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person;
    7. facilitate the provision of unauthorised copies of another person's copyright work; and
    8. link to any of the material specified in this paragraph.
    9. In addition to the restrictions set out above, Content you post must not contain:

    10. hyperlinks, other than those specifically authorised by us; and
    11. inaccurate, false, or misleading information.
  10. Removal of offensive Content

    1. We are under no obligation, nor do we assume any responsibility, to monitor or to record the activity of any person for any purpose. However, we may do so without notice to you and without giving you a reason.
    2. If you are offended by any Content, please tell us.
    3. We will investigate whether we agree that the offending Content is offensive. Our decision is at our full discretion.
    4. If we agree that it is, we shall remove it as soon as we are reasonably able.
    5. In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
    6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
  11. Security of our Website

    1. You now agree that you will not, and will not allow any other person to:
      1. modify, copy, or cause damage or unintended effect to any part of our Website;
      2. download any part of our Website, without our express written consent;
      3. collect or use any information obtained from or about our Website or the Content except as intended by this agreement;
      4. aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Service; and
      5. share with a third party any account credentials for our Website.
  12. Termination

    1. This agreement terminates on the expiry of your licence to use our Service.
    2. However, any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    3. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by telling us by email or through the contact page on our Website. We reserve the right to check the validity of any request to terminate your licence.
    4. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect.
    5. On termination by either party your right to use our Service immediately ceases.
    6. In the event of such termination by us, we will within seven days refund to you the balance of your Licence Fee, pro rata with time not elapsed.
    7. In the event of termination by you, for whatever reason, except during a trial period, you agree that we have no obligation to refund you the balance of your Licence Fee.
    8. There shall be no refund if the Service is terminated due to your violation of the terms of this agreement.
    9. We retain the right, at our sole discretion, to terminate any and all parts of our Service provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
  13. Interruption to our Service

    1. If it is necessary for us to interrupt our Service, we will attempt to give you reasonable notice whenever this is possible and whenever we judge that the downtime is great enough as to justify telling you.
    2. You acknowledge that our Service may also be interrupted for many reasons beyond our control.
    3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our Service.
  14. Intellectual Property

    1. You agree that at all times you will:
      1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it;
      2. notify us of any suspected infringement of our Intellectual Property; and/li>
      3. not use our Intellectual Property except directly in our interest.
    2. So far as concerns Content provided or made accessible to you by us, you will not:
      1. copy it in any way;
      2. use it in any way not anticipated by this agreement;
      3. give access to it to any other person than you, the licensee in this agreement; and
      4. in any way provide any information about it to any other person or generally.
  15. Disclaimers and limitation of liability

    1. This paragraph applies so far as the applicable law allows.
    2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    3. Our Website and our Service are provided “as is”. We make no representation or warranty that either will be:
      1. useful to you;
      2. of satisfactory quality;
      3. fit for a particular purpose; and
      4. available or accessible, without interruption, or without error.
    4. You acknowledge that the questions on our Website:
      1. are intended to be used solely for your own training or learning purposes;
      2. are not based on true clinical situations nor used or be classed as a scientific reference ; and
      3. should not be expected to be tested in any examination.
    5. We disclaim any liability for your performance before, during or after, or the result of an any examination you may or may not take.
    6. We disclaim any obligation or liability to you arising directly or indirectly from the information we provide on our Website or through our Service.
    7. We make no representation or warranty and accept no responsibility in law for:
      1. the accuracy of any Content or the impression or effect it gives;
      2. the delivery of any Content, material or any message;
      3. the privacy of any transmission;
      4. third party advertisements shown on our Website or through our Service;
      5. the conduct, whether online or offline, of any user of our Website or our Service;
      6. failure or malfunction of computer hardware or software or of technical equipment or of any system connected directly or indirectly to your use of our Service;
      7. any act or omission of any person or the identity of any person who introduces himself or herself to you through our Website; and
      8. any aspect or characteristic of any product or service advertised or provided through our Website.
    8. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Service concerned.
    9. Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £500. This applies whether your case is based on contract, tort or any other basis in law.
    10. We shall not be liable to you for any loss or expense which is:
      1. an indirect or consequential loss; or
      2. an economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
    11. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
    12. If you become aware of any breach of any term of this agreement by any person, please tell us.
  16. You indemnify us

    1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
      1. your failure to comply with the law of any country;
      2. your breach of this agreement;
      3. a contractual claim arising from your use of the Service; and
      4. a breach of the intellectual property rights of any person.
    2. For the purpose of this paragraph, you agree that the cost of our management and technical time is fully recoverable from you and can reasonably be valued at £100.00 per hour without further evidence.
  17. Dispute resolution

    In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

    The following terms apply in the event of a dispute between the parties:

    1. If you are not happy with our services or have any complaint then you must tell us by email message or through our contact page.
    2. If a dispute is not settled we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
    3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
  18. Miscellaneous matters

    1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
    3. If you are in breach of any term of this agreement, we may take any of the following actions:
      1. terminate your account and refuse access to our Website;
      2. remove or edit Content, or cancel any order at our discretion;
      3. issue a claim in any court.
    4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery. If delivered by hand, it shall be deemed to have been delivered on the day of delivery. If sent by post to the correct address, it shall be deemed to have been delivered within 96 hours of posting.
    6. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    7. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
    8. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

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