Permission to use this software, platform, license and associated services is conditional upon the user (You or Your) agreeing to the terms and conditions set out below. The software, platform, license and services are offered to You by Galaxy Weblinks Inc. (Licensor or We or Us or Our).
By clicking "I accept the terms of this license agreement" upon the sign-up page, You will be deemed to have accepted them. Acceptance will bind You and Your employees (if applicable) and your Clients. If You do not accept these Terms, You must not access or use the Website.
1.1 Before You accept, You must read the terms and conditions of this agreement (Agreement).
1.2 If You do not agree to the terms and conditions of this Agreement, You must:
(a) uncheck the box stating "I accept the terms of this license agreement"; and
(b) not access or use the website and Services or any requested related services.
By using this Website, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age (a Minor), that You are using the Website with the consent of Your parent or legal guardian and that You have received Your parent's or legal guardian's permission to use the Website and agree to its Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold Us harmless if the Minor breaches any of these Terms.
1.Definitions: In these Terms and Conditions,
- "examinationonline.com", "Examination online", "us", "we", "website", "service" refer to Galaxy Weblinks Inc.
- "customer", "users", "user", "you", "your", "they", "their", "client", "clients" refer to you and the company or other legal entity that you represent.
General: This website (examinationonline.com) and all of its content are owned by Galaxy Weblinks. This Terms and Conditions document is a legally binding agreement between You and Galaxy Weblinks. Galaxy Weblinks does not take any responsibility for any of the content created by its customers and users. The information in this document can change at any time and it is the responsibility of the customer to review the website for periodic updates.
3.Access and use of the Website:
- Subject to the purchase of credit, We will provide You during the term of this Agreement with 'examinationonline' account and access to and use of a version of Our web-based online platform.
- Subject to purchase of credit, You may have multiple instances of the White Label Product and Services operating simultaneously.
- We acknowledge that We have no right or interest in any client data or information submitted by You or by third parties to us and We may not access or use such data or information without Your consent. This clause survives the termination of this Agreement.
4.Registering an Account and becoming a Registered Member:
- To register an Account, You must:
- enter a valid and operating email address, a password and all other information requested in the signup page of the Website; and
- Signify Your acceptance of these Terms.
- Accepting these Terms is an important part of the registration process and You should carefully read these terms before registering an Account on the Website.
- You must keep Your Account password confidential. You are responsible for any activities or transactions made using Your Account and We are not liable for any damage or loss which results from unauthorized access to Your Account. You must immediately notify Us of any unauthorized access or use of Your Account of which become aware via the "Contact Us" section of the Site.
- Your Account is not transferable.
- Registering an Account and becoming a Registered Member is free.
- To become a Paid Member, You must:
- be a Registered Member;
- review and accept any additional terms and conditions which apply specifically to Paid Members and are displayed during the Paid Member registration process or elsewhere on the Website; and
- Purchase the required credits.(You will have to purchase a minimum of 50 credits)
- Any terms and conditions which specifically relate to Paid Members will apply in addition to these Terms.
- To maintain Your status as a Paid Member You must purchase credits as and when required. Failure to purchase credits within the required time may result in the termination of Your Paid Member status and all related access and use privileges for the Website.
6. Member Services:
- We may change Our prices or institute new charges for any Services provided via the Website at any time. Where you are a paid member, all pricing changes will be notified to you. You are solely responsible for regularly reviewing pricing information as posted from time to time.
7.Pricing and Fees:
- During Your free trial, You may have access to and use of the software and Services in its current "Trial" version. No fees will be charged in connection with Your access to and use of the "trial".
- At the end of Your free trial period, You must purchase the credit You require. You acknowledge that the credit You Purchase will pay in connection with the White Label Product and Services you use.
- Once you have exhausted your credit limit, you will be requested to pay for your credit and continue enjoying your services.
- If requested by You, You will also be periodically charged fees by Us for any related services including without limitation any additional professional services to assist You with Your version of the 'examinationonline' account and Your use of Our products and services.
- Subject only to notice requirements, applicable fees and related discounts may be changed at any time in Our sole discretion and if You do not agree to any such change, this Agreement is deemed terminated by You and You must contact Us to cancel 'examinationonline' account.
- Unless arising in connection with a change in applicable law (in which case it is effectively immediately), We will give 14 days prior notice of changes to Our fees and discounts either by communication to You or by publication of notice on Our website at Our election.
- You must not manipulate or attempt to manipulate any data or information in such a way as to lower or circumvent any fee payments due to Us under or in relation to this Agreement or any related agreement, or to obstruct or otherwise interfere with any related billing procedures.
- Members who have purchased Credits will have their Credit limit reset according to the purchases made.
- Members must purchase extra Credits if they wish to continue testing but exceed their monthly Credit limit of their purchases during any calendar month.
- To the maximum extent permitted by law, You will not be entitled to recover any credit purchase made if Your Account is suspended or terminated in accordance with this Agreement.
- If You terminate Your Account and request a refund:
- We only agree to fully refund the total value of credit You purchased if You request a refund within 15 days of purchase.
- We only agree to fully refund the total value of a Credit Pack if You have used less than 10 Credits and You request the refund within 15 days of purchase.
10.Your Conduct: You must not:
- Use the Website in breach of any applicable laws or regulations;
- Use the Website (or Content obtained from the Website):
- To transmit (or authorize the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spinning," or "spamming";
- To impersonate any person or entity;
- To solicit money, passwords or personal information from any person;
- To harm, abuse, harass, stalk, threaten or otherwise offend others; or
- For any unlawful purpose;
- Use the Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Content that:
- Contains, promotes, or provides information about unlawful activities or conduct;
- Is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Content that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- Poses or creates a privacy or security risk to any person;
- Interferes with, disrupt, or create an undue burden on the Website;
- Except to the extent expressly permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so, or
- Delete any attributions or legal or proprietary notices on the Website.
11.Suspension and Termination:
- We reserve the right, without notice to You and at Our complete discretion, to suspend, terminate or refuse to register Your Account, if We believe You:
- Have breached any part of these Terms;
- Are likely to breach any part of these Terms;
- Have acted against Our business interests or reputation; or
- Are using the Website in such a way as to cause issues for other users of the Website.
- You will not be entitled to recover any Fees if Your Account is closed in accordance with this clause 11.
- By using and assessing this website, You acknowledge and agree that we are the license or own all right , title and Interest in the Intellectual Property in the website and you will not challenge our ownership.
- Nothing in this Agreement gives You any ownership rights in the Material or the Material IPRs.
- You must not reverse engineer, decompile, or disassemble any software or the Materials or any part of that software or the Materials, other than as permitted by applicable law.
13.Modifying, updating, suspending and terminating the Website:
- While We use reasonable endeavors to ensure that the Website is available continuously, We do not make any representations or warranties that Your access will be uninterrupted, timely, secure or error free. Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond Our control.
- We reserve the right to modify or update the Website (including any Content, Tools or Services offered via the Website) or suspend or terminate access to the Website or any part of the Website at any time and at Our absolute discretion, without notice or liability to You.
- We may change these Terms at any time by posting the updated Terms on the Website and, if You have registered for an Account, by notifying You via email. Any change or modification to the Website or these Terms is effective immediately upon them being posted on the Website. If any such change or modification is unacceptable to You, You must not use the Website. If following any such change or modification You continue to use the Website or any part thereof, then You will be deemed to have accepted those changes or modifications; if You do not agree with any of the updated Terms, You must stop using the Website.
14.Assignment and Novation: You may not assign or novate this Agreement without Our prior written agreement. We may assign or novate this Agreement upon 14 days notice either communicated to You or placed on Our website in connection with a business sale, corporate merger or any other reorganization affecting either or both of Us and Our business.
- To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
- We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
- These Terms are governed by and construed in accordance with the law of the State of Massachusetts.
16.Acknowledgment: By using the services of examinationonline, you acknowledge that you have read and have accepted these terms and conditions.