Evolve Assessment Solutions Ltd. Terms of Use
These terms of use (together with the documents referred to herein) explain the terms on which you may make use of our Evolve Assess platform.
Please read these terms of use carefully before you start to use the Evolve Assess Platform, or any resources, as these will apply to your use of Evolve Assess. We recommend that you print a copy of this for future reference.
By registering with and/or using Evolve Assess, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use Evolve Assess.
Information about us
Evolve Assessment Solutions Limited, incorporated and registered in England and Wales with company number 10340724, whose registered office is at Evolve Centre, Rainton Bridge Business Park, Cygnet Way, Houghton-Le-Spring, Tyne & Wear, DH4 5QY ("Evolve Assess")
Application & variation of these terms
Evolve Assess enables users to access a range of resources, including the ability to set up an online Platform, hosting online assessments for a variety of purposes.
These Terms apply to any use of Evolve Assess and the Platform by an Organisation, its staff, and any other authorized representatives. Where an individual agrees to these terms for and on behalf of an organisation, the individual warrants that he/she has the authority to do so and to contractually bind The Organisation.
The Organisation and its Users agree to comply fully with these terms and any other terms, rules, or guidelines applicable to the Platform. The Organisation shall be responsible for the use of Evolve Assess and any part of the Platform by its Users.
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Other applicable terms
Our Privacy Policy, which is available on our site, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Platform, you acknowledge such processing, and you warrant that all data provided by you is accurate and that you have obtained all consents necessary for us to process such data.
Evolve Assess service
We shall use our reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for any planned or unscheduled maintenance. However, the availability of the Platform may be subject to factors outside of our control. The Platform will be provided with reasonable skill and care. If the Platform is unavailable (other than due to maintenance) or fails to conform with the foregoing undertaking, we will use all reasonable endeavours to correct the unavailability or non-conformance promptly. Such correction constitutes your sole and exclusive remedy in respect of any unavailability or non-conformance of the Platform.
Your account and password
The individual registering and accepting these terms (whether on his own behalf or on behalf of The Organisation or another User) agrees that all information provided to us shall be complete, true, and accurate. This information shall be monitored and kept up-to-date at all times by The Organisation and/or Users.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for any activity undertaken using your user information.
You may be prompted to change your password from time to time in order to maintain the security of your account. If you fail to do so, you may lose access to your Evolve Assess account. In any event, we encourage all Users to change their password regularly.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in Evolve Assess, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
Disclaimer of warranties
Although we make reasonable efforts to update the information and materials on Evolve Assess, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up-to-date.
Account data
The account holding Organisation shall own all rights, title, and interest in the data inputted into the Platform by it and its Users (Account Data). It shall have sole responsibility for the legality, integrity, and maintenance of the Account Data.
Charges and invoices
Where charges are applicable to the receipt of the Platform or any part of the Platform (and not dealt with via another agreement between us and The Organisation or a related party), such charges and the applicable payment terms shall be set out in a separate order form or contract. The Organisation shall pay such charges, as well as any applicable taxes, in accordance with those payment terms.
Termination
We may terminate The Organisation’s right (and that of its Users) to access and use the Platform with immediate effect if:
- The Organisation or any User breaches these terms of use or any incorporated terms, rules, or guidelines;
- The Organisation requests termination of the Platform in accordance with any agreement for the provision of the Platform;
- Required to do so by any law enforcement, governmental or regulatory authority;
- There is any discontinuance or material modification to the Platform (or any part thereof);
- The Organisation has engaged in illegal or fraudulent activities;
- The Organisation fails to pay any charges applicable to the provision of the Platform by the due date for payment; or
- There is any extended period of inactivity in The Organisation’s use of the Platform.
Limitation of our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Uploading content
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Platform.
Viruses
We do not guarantee that the Platform will be secure or free from bugs or viruses.
Changes to Evolve Assess
We may update Evolve Assess from time to time and may modify any aspect of the Platform (provided that this shall not result in a degradation of the Platform). The performance of modifications may result in the temporary unavailability of the Platform.
Third party links and Platforms
Where the Platform contains links to other sites and Platforms provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or Platforms and shall not be responsible for any content, advertising, products, or other materials available via those sites and Platforms.
General
Force Majeure
We shall not have any liability if we are prevented or delayed in performing our obligations under these terms due to any acts, events, omissions, or accidents beyond our reasonable control.
Entire Agreement
These terms of service and the documents referred to herein (together with any commercial agreement between us and the Organisation relating to the provision of the Platform) constitute the entire agreement between us and the Organisation for the provision of the Platform.
Waiver
No failure or delay by a party to exercise any right or remedy under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
Severance
If any provision (or part of a provision) of these terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force.
Assignment
The Organisation shall not, without our consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these terms. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these terms.
Notice
Notices given to us under these terms may be sent by post to Evolve Assessment Solutions Ltd. at Evolve Centre, Rainton Bridge Business Park, Cygnet Way, DH4 5QY, or by e-mail at support@evolveassess.com
Law and jurisdiction
This contract will be governed by and construed in accordance with the laws of the United Kingdom and shall be subject to the non-exclusive jurisdiction of the court of Great Britain.