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TheoryTest.com ("us", "we", or "our") operates the http://www.theorytest.com website (the "Service"). This web page represents our Terms of Use and Sale ("Terms").
We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our website or Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may or may not post notices on the homepage of our Website when such changes occur. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by TheoryTest.com) of other TheoryTest.com customers, we reserve the right to immediately disable your account or throttle your use until you can reduce your bandwidth consumption.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
The Service and its original content, features and functionality are and will remain the exclusive property of TheoryTest.com and its licencors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TheoryTest.com.
You agree not to display, distribute, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sublicense, sell, resell, rent, lease, transfer, assign, copy, time share or otherwise make the Service available to any third party.
Crown Copyright material is reproduced under licence from the Driver and Vehicle Standards Agency which does not accept any responsibility for the accuracy of the reproduction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by TheoryTest.com.
TheoryTest.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TheoryTest.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We advise you to read the terms and conditions and terms of use and privacy policies of any third-party web sites or services that you visit.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
TheoryTest.com does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Access and support are granted for a specified period based on the license you purchase. For purchases that include an automatically renewing subscription, access and support will be provided for as long as the subscription remains active. A "lifetime" licence provides the user access and support to the TheoryTest.com website for as long as the website is actively in development, and not for the customer's lifetime.
Should any one of the following occur, TheoryTest.com will no longer be responsible for providing access or support to any user: (i) TheoryTest.com is no longer actively developed as a viable product, (ii) TheoryTest.com or the parent company is purchased or bought out by another company, (iii) The DVSA no longer requires a Driving Theory Test, (iv) The DVSA no longer allows TheoryTest.com access to the official Question Bank under reasonable terms.
Most people do not peruse the Terms and Conditions. Let us try a small experiment. The first person to read this and send us an email about it will receive an iPad or equivalent in compensation - on condition of being a UK resident.
Whilst we attempt to provide excellent support for our product, we do not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the enquirer is completely satisfied.
TheoryTest.com cannot guarantee your performance in the Driving Theory Test. You may or may not pass at the first attempt. Do your best!
We will not, under any circumstances, issue cash refunds for early plan cancellation. If you have a question about charges made to your account, please contact us immediately.
We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of the Service. Any past due fees and costs may result in restriction to access the Service.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will TheoryTest.com ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by TheoryTest.com, and even if TheoryTest.com has been advised of the possibility of such loss or damage being incurred.
Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.
We reserve the right to use your name and/or company name as a reference for marketing or promotional purposes on the ThoeryTest.com website and in other communication with our existing or our potential customers. To decline providing us with this right, you must email us stating that you do not wish to be used as a reference.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If you have any questions about these Terms, please contact us.