First Exams provides a number of Internet-based services through the website www.firstexams.co.uk (“Website”). Access to and use of this Website and the products and internet-based services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. By subscribing to or using any of our Services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our Services. In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean First Exams, its franchisor, affiliates and partners.
Access to this Website is permitted on a temporary basis, and we reserve the right to cancel, discontinue, withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services.
The www.firstexams.co.uk website (“Website”) is an Internet based content and e-commerce portal operated by First Exams Limited (First Exams), a company incorporated under the laws of the UK.
Terms of Sale
By placing an order or making a booking you are offering to purchase our Services on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with us, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. First Exams retains the right to refuse any request made by you. If your order or booking is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Services.
When you place an order or make a booking, you will receive an acknowledgement e-mail confirming receipt of your order or booking: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until the Services is delivered online. Only those Services delivered online will be included in the contract formed.
The contract shall be deemed to have been concluded in the United Kingdom and shall be governed by the laws of England and Wales, and you and First Exams irrevocably submit to the non-exclusive jurisdiction of the English and Welsh courts.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order or booking at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the order or booking, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Use of promotional discount codes
From time to time we send promotional/or discount codes to reward our customers and registered members, and to entice new customers to try out the Services of First Exams.
Each voucher code will have its own specific terms, for example when it is valid from and until, and what discount or offer it provides you. However, general terms for the use of voucher codes are:
- They are not valid in conjunction with any other offer, discount, promotion or on sale items
- They cannot be used to purchase gift cards or gift vouchers
- They are only available for your sole use and shouldn’t be passed on to third parties (unless we tell you it’s ok!)
- The conditions of use relating to any promotional/or discount code will be specified at the time of issue.
In the instance that you find a code is not working on the website don’t worry – it’s probably just a technical glitch (which does happen sometimes). Please email email@example.com as our advisors will be able to help you.
You may cancel the contract between you and First Exams for any reason upon giving First Exams a 14-day written notice for holiday courses and workshops and a 48-hour written notice for weekly courses, workshops, assessments, mock exams and consultation sessions. No refunds will be made if written notice is made late. No shows are not eligible for a refund. Once our online course material is emailed, we cannot offer a refund for your booking.
First Exams booklets, teaching materials and exam papers may not be passed on to other parties. These contain a copyright to First Exams.
Due to the nature of digital products, we can unfortunately not offer refunds or returns on any products once they have been purchased.
1. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of First Exams or its service providers or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by First Exams and its service provider and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by First Exams or its licensors.
2. Information and Availability
We take care to ensure that the information on this website is accurate and complete. However, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided “As Is”, without any warranties of any find as we do not accept liability arising from any inaccuracy or omission in the information or interruption in availability.
All transactions carried out from this website are governed by our standard terms and conditions.
4. Other Promotions
From time to time we may include promotions or other offers on this website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
Linking with Other Website
On this website you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that their owners may be independent from us and we do not endorse or accept responsibility for their content.
You may not include a link to our website or display the contents of our website surrounded or framed or otherwise surrounded by material not originating from us without our consent.
To the fullest extent permitted by the law and except in respect of death or personal injury caused by negligence on the part of First Exams, its directors or employees, First Exams shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on the part of First Exams, its directors, employees, agents or otherwise) which arise out of or in connection with the use of this Website. The supply of the Services or their use or resale by you, and the entire liability of First Exams under or in connection with the contract shall not exceed the price of the Services, except as expressly provided in these conditions. This does not affect your statutory rights. First Exams cannot guarantee success in exams you or your child takes or acceptance from the next school you registered with, therefore First Exams shall not be held responsible for your or your child’s failure in exams.
We will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of our obligations in relation to the Services ordered by you, if the delay or failure was due to any cause beyond our reasonable control. This does not affect your statutory rights.
You agree to indemnify, defend and hold harmless First Exams from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by First Exams that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
1. First Exams may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
2. If you or First Exams terminates your use of the Website or any Service, First Exams may delete any content or other materials relating to your use of the Service and First Exams will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.