Terms & Conditions

USER AGREEMENT

Introduction

Thanks for choosing to use ExamVillage. These terms and conditions are for the protection of all parties using and associated with ExamVillage. We hope you find them helpful and fit for purpose. All registered users of ExamVillage agree to be bound by the following Terms and Conditions, where relevant. In this Agreement ExamVillage denotes the website www.examvillage.com and its proprietors and managers.

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Part 1 - TERMS AND CONDITIONS FOR STUDENTS

Agreement with Student

This Agreement sets and contains all of the terms and conditions of use by a user of ExamVillage services registered as a student ("you" or "Student").

By agreeing to the terms and conditions of this Agreement, you agree also to the terms of ExamVillage's Privacy Policy which is incorporated into this Agreement.

Definition of Service

ExamVillage provides a platform where Students can locate Tutors, receive learning content created by various Tutors and ask for advice or services from Tutors. ExamVillage enables any Student to negotiate and communicate with Tutors and to pay ExamVillage for services provided by such Tutors.

Content

ExamVillage services downloading of learning content created by Tutors and operates bulletin boards pursuant to which Tutors may answer questions regarding various topics. ExamVillage does not warrant the validity, accuracy, or availability of the content and Tutor advice provided thereby and it will not be liable for any damages sustained by Student due to reliance on such information or advice.

ExamVillage Disclaimer of Warranty and Limitation of Liability

Student acknowledges and agrees that the ExamVillage service is provided "as is". ExamVillage expressly disclaims all warranties or liabilities for information posted or transmitted by tutors. ExamVillage does not control or make representations as to the quality, relevance or accuracy of the content provided, the accuracy of the biographical details of any Tutor, whether the Tutor is qualified to provide the specific advice, whether the Tutor or content is categorized correctly or most appropriately, the accuracy of any postings on ExamVillage or any transmissions through it by Students or Tutors. ExamVillage makes no representation or warranty whatsoever as to (a) the willingness or competence of any Tutor to give advice, (b) whether the Student shall find the advice given by a Tutor satisfactory, (c) whether the advice of the Tutor will provide an adequate solution to a Student's queries, or (d) whether the Tutor advice will otherwise be suitable to the Student's needs. The Student is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Tutors from whom he or she receives or contemplates to receive content, advice or services.

Student Registration

By submitting the Student registration form, you agree that:

- You are at least 18 years of age, and (i) you are submitting the registration in your own name, or (ii) you are legally authorised to represent and bind to these terms and conditions the person in whose name the registration is being submitted

- The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will at all times be true, accurate and complete.

Policy on Student Refunds

Refunds of money paid to ExamVillage for content purchases may be made solely at the discretion of ExamVillage.

Use of ExamVillage

You will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using ExamVillage you will act according to the following rules:

1. Student will have the sole responsibility to verify the Tutor's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Student by a Tutor; In addition, ExamVillage cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Tutors Student will not take any actions that may undermine, disrupt or manipulate the integrity of the Student feedback (rating) system on the Site. ExamVillage reserves the right to exclude without explanation any rating that it considers may compromise the integrity of the Student feedback system.
2. Student will not deliberately interfere with or disrupt the ExamVillage servers or networks connected to the Site and will not transmit "junk mail", "spam", or any unsolicited mass distribution of email or bulletin board postings
3. Student will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
4. ExamVillage enables the transfer of files between Students and Tutors. When opening such file attachments received from Tutors or other users it is the Student's responsibility to take sufficient anti-virus protection measures prior to opening them
5. ExamVillage may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Student. Without derogating from the above, ExamVillage may remove any content violating this Agreement. The Student will bear all the risks associated with the uploading and transmitting of material while utilising ExamVillage, including reliance on its accuracy, reliability or legality
6. When you create and open an account with ExamVillage, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.
7. When you create and open an account with ExamVillage, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.

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Part 2 - TERMS AND CONDITIONS FOR TUTORS

Agreement with Tutor

This Agreement sets and contains all of the terms and conditions of use by a user of ExamVillage registered as a Tutor or Teacher ("you" or "Tutor"). By agreeing to the terms and conditions of this Agreement, you agree also to the terms of ExamVillage's Privacy Policy which is incorporated into this Agreement.

Definition of Service

ExamVillage provides a platform whereby Tutors can locate Students, provide self-created or other authorised learning content for purchase by various Students and provide advice or other services for purchase by Students. ExamVillage enables any Tutor to negotiate and communicate with Students and to receive payment through ExamVillage for services provided to such students.

ExamVillage Disclaimer of Warranty and Limitation of Liability

The tutor acknowledges and agrees that ExamVillage service is being provided "as is". ExamVillage expressly disclaims all warranties or liabilities for information posted or transmitted by Tutors. The sale and purchase of content or services provided by the Tutor are effected entirely and solely at the tutor's own risk.

ExamVillage does not control or make representations as to the quality, relevance or accuracy of the content provided, the accuracy of the biographical details of any Tutor or Student, whether the Tutor is qualified to provide the specific advice, whether the Tutor or content is categorized correctly or most appropriately, the accuracy of any postings on ExamVillage or any transmissions through it by Students or Tutors.

ExamVillage makes no representation or warranty whatsoever as to (a) the willingness or competence of any Tutor to give advice, (b) whether the Student shall find the advice given by a Tutor satisfactory, (c) whether the advice of the Tutor will provide an adequate solution to a Student's queries, or (d) whether the Tutor advice will otherwise be suitable to the Student's needs.

Additional Tutor Representations and Warranties:

The Tutor is encouraged to independently verify the skills, degrees, qualifications, credentials and background that he or she should possess in order to provide the content or services effected or contemplated.

Tutor Registration

By submitting the Tutor registration form, you agree that:

1. You are at least 18 years of age, and (i) you are submitting the registration in your own name, or (ii) you are legally authorised to represent and bind to these terms and conditions the person in whose name the registration is being submitted.
2. The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will at all times be true, accurate and complete.
3. At all times, to the best of your ability and in good faith, you will provide correct and accurate representation of skills, degrees, qualifications, background and other information for display in ExamVillage, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will not misrepresent yourself or create a misleading name or listing.

Use of ExamVillage

You, the Tutor, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using ExamVillage as a Tutor, you will act according to the following rules:

1. You must exercise a reasonable standard of care, at least the same as a tutor in good standing would exercise in a similar transaction not conducted through the internet, or the standard of care mandated by his or her profession, whichever is higher.
2. You will be solely responsible for the content and services provided by you to Students through ExamVillage.
3. Where contacts between Tutors, Students and other users have been initiated through ExamVillage all payments in respect of services or content transfers that are transacted between these parties on foot of or following that contact shall be made wholly and solely through the ExamVillage payment mechanism.
4. Where contacts between any particular Tutors, Students and other users have been made prior to engagement between these parties through ExamVillage and where services and/or content transfers are effected wholly or partially through ExamVillage all payments in respect of all said services and/or content transfers that are transacted between these parties shall be made wholly and solely through the ExamVillage payment mechanism.
5. ExamVillage will not take any actions which may undermine, disrupt or manipulate the integrity of the Student feedback (rating) system on the Site. ExamVillage reserves the right to exclude without explanation any rating that it considers may compromise the integrity of the Student feedback system.
6. Tutor will not deliberately interfere with or disrupt the ExamVillage site or servers or networks connected to the Site; and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings.
7. Tutor will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind.
8. ExamVillage enables the transfer of files between Students and Tutors. When opening such file attachments received from other users it is the Tutor's responsibility to take sufficient anti-virus protection measures prior to opening them.
9. ExamVillage may review the Tutor's personal profile and amend any typing or spelling errors. ExamVillage cannot and will not verify or examine the truthfulness or accuracy of the details in the Tutor's personal profile, credentials, qualifications, or any of Tutor's postings or transmissions. ExamVillage may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Tutor. Without derogating from the above, ExamVillage may remove any content violating this Agreement.

Fees, Charges and Tutor Nett Revenue

A "Class" is a real-time session between a Tutor and a Student or Students using voice, chat or video.

A "Pack" is a pre-prepared set of learning materials which may include some or all of the following: video, audio, text document, etc.

For each Class or Pack offered for sale the sale price is determined by the Tutor and set as the Student's purchase price during the procedure for loading or offering the Class or Pack on ExamVillage. Students may purchase these products solely using the ExamVillage purchasing and payment mechanism.

ExamVillage retains a commission on all products purchased, pays e-commerce and VAT charges, and credits the balance (Nett Revenue) to the Tutor's account for eventual remittance to the Tutor, when the Class or Pack has been delivered to the Student.

For clarity, the following formula applies:

(Tutor) Nett Revenue = Sales Price - ExamVillage Commission - (electronic payment charge + VAT)

With effect from 29th March 2010 and until further notice, ExamVillage resultant Tutor Nett Revenue rates are as follows:

Item	Tutor Nett Revenue (% of Product Sales)
Class	80.0%
Pack	65.0%

Payment to the Tutor will be effected by electronic payment within thirty (30) days of delivery of the Class or Pack to the student. If the payment due to the Tutor for any given month is less than &eur;20, ExamVillage may hold such payment to Tutor until the amount due is equal to or exceeds &eur;20.

ExamVillage shall make payment to the Tutor electronically via PayPal or via other payment methods as may become available and suitable. Tutor alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to Tutor's participation in ExamVillage. ExamVillage reserves the right to modify the ExamVillage retained commission rates at any time without prior notice. However, ExamVillage will use reasonable efforts to notify the Tutor in advance of any such change via e-mail and/or posting notifications of modifications on the ExamVillage to the Site. Tutor authorises ExamVillage to withhold, in its discretion, payments to Tutor of certain amounts paid by Students by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Student or charged back by such Student's credit card issuer, or, if ExamVillage reasonably believes that fraudulent activity may have occurred in connection with payment, until ExamVillage is able to verify that no such activity has occurred.

ExamVillage's billing system is not error-free, and ExamVillage shall not be liable for any problems, miscalculations or malfunctions in processing Tutor Fees or other payments due to the Tutor. If the Tutor believes that an error has occurred he or she notify his/her claim for correction of the error by email to support@ExamVillage.com within 30 days of discovery of such error. If for any reason the Student has not paid the Tutor Fee or has paid but has later charged back such payment, no Tutor Fees will be paid to the Tutor for that transaction and if the money has already been sent to the Tutor, Tutor is required to repay this amount to ExamVillage, and ExamVillage has the right to deduct this amount from the Tutor's account or from the following payments to be made from ExamVillage to Tutor. It is ExamVillage policy not to entertain such non-payments or charge-backs without adequate investigation and establishment of reasonable cause.

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Part 3 - ADDITIONAL TERMS

No amendment to this Agreement will be effective unless made in writing. ExamVillage reserves the right to alter any of the Terms and Conditions of this Agreement without notice. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. The user agrees to be bound by the terms of this Agreement as may be in force at any time and for so long as the user is a registered user of ExamVillage. The term of this Agreement is the period of registration on ExamVillage of the User.

Governing Law

This Agreement shall be governed by the law of the Republic of Ireland and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of the Courts of the Republic of Ireland.

Intellectual Property

ExamVillage does not make any claim to the ownership of the intellectual property of the content or educational advice or information traded as part of the ExamVillage service. ExamVillage is the sole owner of the intellectual property associated with the concept, delivery technology, implementation methods and designs, databases, software, graphics, text and other material used in the ExamVillage site, including the organization and selection of the materials contained therein.

Delivery of ExamVillage Service

ExamVillage reserves the right to modify or discontinue, temporarily or permanently, the services in ExamVillage, with or without notice to Students, tutors or other users. ExamVillage shall not be liable to any user or any third party for any modification or discontinuance of ExamVillage's services, or for any losses or damages that may result to any user from such discontinuance or interruption of service. ExamVillage's services depend on various factors such as software, hardware and communications networks of ExamVillage, its contractors and suppliers. ExamVillage cannot and does not guarantee that ExamVillage's service will be uninterrupted or that it will be timely, secure or error-free.

Violation

Any user may report any violation of this Agreement by email to support@ExamVillage.com
Last Updated: 29th March, 2010.