Terms and Conditions
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, it’s 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.
We do not warrant that the Platform will be uninterrupted or error-free or that it has been created to meet your requirements.
The Organisation and its Users are responsible for procuring and maintaining network connections and telecommunications links necessary to access the Platform and ensuring that the systems and networks used to access the Platform are suitable and comply with any specifications required or recommended by us from time to time. We shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
The Organisation understands and agrees that the Platform may include certain communications from us, such as service announcements and administrative messages. These communications are considered a part of the Platform that is necessary for the performance of the contract and The Organisation may not opt out of receiving them.
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.
We have the right to terminate your User account and/or disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@evolveassess.com . We shall not be responsible for any loss or damage arising from improper access and/or use of any User account.
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.
We grant The Organisation a non-exclusive, non-transferable, limited license to access and use Evolve Assess and the material published on it (in object code form) and to grant such access to its Users to the extent necessary for the proper use of the Platform. Except as expressly authorized by us in writing, you may not use the Platform for any purpose other than as contemplated by these terms of use. Materials available via the Platform may only be printed or downloaded where expressly permitted and only for The Organisation’s internal use.
Our status (and that of any identified contributors) as the authors of content on Evolve Assess must always be acknowledged.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use the Platform may be terminated and you must, at our option, return or destroy any copies of the materials you have made.
Except as expressly stated herein, these terms do not grant The Organisation or its Users any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licenses in respect of the Platform.
You agree that you shall not reproduce, duplicate, copy, sell, trade, resell, reverse engineer, adapt or otherwise attempt to exploit for any commercial purposes any portion of the Platform or any materials available via the Platform. You agree not to attempt to access or exploit the Platform in source code form or modify the software forming part of the Platform in any manner or form, or use any modified version of the Platform, including (without limitation) for the purpose of obtaining unauthorized access to the Platform.
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.
You expressly understand and agree that, other than as expressly stated herein, we expressly exclude (to the fullest extent permissible by law) all warranties of any kind, whether or express or implied, including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose.
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.
The Organisation hereby grants us a non-exclusive, worldwide, perpetual, irrevocable license to store, process and utilize The Organisation Data for the performance of the Platform and in accordance with the Privacy Policy. This may include (but is not limited to) use of The Organisation Data for internal reviewing, quality reporting, and product development purposes; the creation and dissemination of aggregate data; and for third party publication and reporting.
To the extent that The Organisation Data comprises personal data, we shall process such personal data in accordance with our Privacy Policy and these terms of use.
The Organisation is solely responsible for the completeness and accuracy of all personal data provided to us by it or its Users. The Organisation warrants that is has obtained all consents or other legal justifications necessary in accordance with the applicable data protection legislation to enable us to process such personal data (and any other third party data comprised in The Organisation Data) and The Organisation shall indemnify and keep us indemnified against all claims, liabilities, demands, proceedings, damages, losses, costs, expenses fines and charges which are made or brought against or incurred by us as a result of The Organisation being in breach of this warranty.
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.
If charges are not paid by the due date for payment, we shall be entitled to charge interest on the overdue amount at the rate of 4% per annum above the base rate of Bank of America from time to time. Such interest shall accrue daily and be compounded monthly. We may also suspend the access to the Platform unless and until payment is made in full (together with any applicable interest).
Termination
We may terminate The Organisation’s right (and that of its Users) to access and use the Platform with immediate effect if: (a) The Organisation or any User breaches these terms of use or any incorporated terms, rules, or guidelines; (b) The Organisation requests termination of the Platform in accordance with any agreement for the provision of the Platform; (c) required to do so by any law enforcement, governmental or regulatory authority; (d) there is any discontinuance or material modification to the Platform (or any part thereof); (e) The Organisation has engaged in illegal or fraudulent activities; (f) The Organisation fails to pay any charges applicable to the provision of the Platform by the due date for payment; or (g) there is any extended period of inactivity in The Organisation’s use of the Platform.
Termination of The Organisation’s account shall include the revocation of all User account access to the Platform and deletion of passwords, data, and all related information and content related with The Organisation’s account. On termination, The Organisation’s license to use the Platform and any assessments and other materials accessible via the Platform shall immediately cease and The Organisation agrees to immediately return or destroy (at our option) any materials printed or downloaded from 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. We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Platform by Users; or
- use of or reliance on any content displayed on the Platform.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of or corruption of data or software;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Subject to those liabilities which are excluded and which cannot be limited or excluded, as set out above, our liability to The Organisation arising out of the use of the Platform (whether in contract, tort, breach of statutory duty, or otherwise), shall be limited to the amount of the fees received by us from The Organisation in the 12 months previous to any claim.
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.
You are solely responsible for securing and backing up your content.
Viruses
We do not guarantee that the Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access the Platform. You should use your own virus protection software.
You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which it is stored or any server, computer or database connected to it. You must not attack the Platform via a denial of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
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. We will use our reasonable endeavours to ensure that modifications and improvements are performed outside of school hours and will (insofar as reasonably practicable) give you reasonable prior notice of the unavailability of the Platform.
We do not guarantee that Evolve Assess, the Platform, or any content on it, will be free from errors or omissions.
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.
Third party Rights
We and The Organisation agree that no third party (including any individual User) shall have any rights to enforce these terms.
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. You acknowledge and agree that in accepting these terms, you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding other than as set out in these terms.
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. No single or partial exercise of such right or remedy shall 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.