Terms and Conditions

Effective Date: 01/01/2024

Governing Law and Jurisdiction: England and Wales

Parties

1. "the Provider" which owns and operates the website located at the URL frcophthnotes.com (the "Website");
2. "the user" being the individual accessing or using the Website and/or subscribing to the subscription services available on the Website.

• This Agreement is made between the Provider and user. The Provider can be contacted at Admin@Frcophthnotes.com for notice purposes.

Background

• the Provider operates the website located at the URL www.frcophthnotes.com ("Website"), which provides notes and questions to assist in preparation for exams ("Notes").
• the Provider offers an online subscription service via the Website ("Subscription Service") whereby users can access the Notes for a set period of time in return for a fee.
• Individual accounts and access to the Subscription Service are provided for individual use only and must not be shared with any other person. If the Provider discovers that a user has shared their account or access, the Provider reserves the right to immediately terminate the account without providing a refund.
• Payments for the Subscription Service are processed through Stripe Payments UK Limited and subject to their terms and conditions.
• the Provider does not use any non-essential cookies on the Website.
• These terms and conditions ("Terms") govern the use of the Subscription Service and Website.

1. Definitions
   1. "Website" means the website located at the URL www.frcophthnotes.com or any website owned, operated, licensed or controlled by the Provider.
   2. "Subscription Service" means the online subscription service provided through the Website, whereby Users can access Notes for a set period of time in return for a fee.
   3. "Notes" means the study notes, questions and other educational content provided through the Subscription Service.
   4. "User" means an individual who accesses or uses the Website and/or subscribes to the Subscription Service.
   5. "Provider" means the Provider, being the owner and operator of the Website.
   6. "Terms" means these terms and conditions agreed between the Provider and User regarding use of the Website and Subscription Service.
2. Access and Use of the Website
   1. Permitted use. The User may access and use the Website and Subscription Service for their own lawful, personal, non-commercial use only.
   2. Prohibited use. The User must not share their login details with any other person. The User must not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any information or content obtained from the Website including the Notes. The User must not hack or otherwise access any part of the Website by any means other than the interface provided.
   3. While the Provider aims to make the Website and Subscription Service available 24 hours a day, 7 days a week, it is possible that access may be interrupted, delayed or unavailable occasionally for maintenance, upgrades, updates, technical or network problems or reasons beyond the Provider's reasonable control.
   4. Intellectual property. All intellectual property rights in the Website and Notes, except where explicitly stated, belong to and shall remain vested in the Provider (or its licensors) at all times.
   5. User content. The User retains ownership of any content or material they submit or post to the Website ("User Content") but hereby grant to the Provider a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute any User Content in connection with operating the Website and improving the Subscription Service.
   6. Compliance with law. The User must use the Website and Subscription Service in accordance with all applicable laws.
   7. Termination of access. the Provider reserves the right to suspend or terminate the User's access to the Website and Subscription Service if the User breaches these Terms or applicable law.
3. Payment Terms
   1. Payment Methods. The only accepted payment method for the Subscription Service is via credit or debit card through the Stripe payment system. No other payment methods shall be accepted.
   2. Subscription Fees. The subscription fee entitles the User access to the Subscription Service for the selected time period from the date of sign up or renewal (the "Subscription Period"). Fees shall be charged at the rate displayed on the Website at the time of purchase. the Provider reserves the right to change fees at any time but any such changes will only apply to Subscription Periods commencing after the date of the change.
   3. Automatic Renewal. Unless cancelled in accordance with clause 3.6, the subscription will automatically renew at the end of the Subscription Period for a time period equivalent to the initial Subscription Period. At least fourteen (14) days' notice shall be provided to the User prior to automatic renewal.
   4. Payment on Renewal. Payment for the renewal period shall be taken automatically using the same payment details provided by the User unless alternative payment details are provided at least three (3) days before renewal.
   5. Failed Payments. If a payment fails or the User's payment details are no longer valid, the Provider reserves the right to suspend or terminate access to the Subscription Service until valid payment details are provided.
   6. The User may cancel the subscription at any time via the stripe customer portal. No refund shall be provided for any unused portion of a subscription for which payment has already been made except as required by law.
   7. Refunds shall only be available within fourteen (14) days of purchase/renewal and only where the User is exercising their cancellation rights under the Consumer Contracts Regulations 2013.
4. Cancellation and Refunds
   1. Cancellation rights. The User may cancel their Subscription within 14 days from the date of signing up ("Cancellation Period") and receive a full refund of any fees paid.
      1. Cancellation request. To cancel, the User must send written notice by email to Admin@Frcophthnotes.com within the Cancellation Period.
   2. No refunds after Cancellation Period. If the User cancels their Subscription after the Cancellation Period has expired, they will not be entitled to a refund for any remaining paid period of their Subscription.
   3. Termination for breach. If the Provider terminates the User's access and Subscription for a breach of these Terms, including sharing their account, the User will not be entitled to a refund for any remaining paid period.
   4. Refund processing. Any refund due under this clause 4 will be processed within 14 days of a valid cancellation or termination. Refunds will be made through the same payment method the User used when signing up.
5. Intellectual Property
   1. Ownership of Intellectual Property Rights
      1. the Provider owns all intellectual property rights in the Notes, Website content, database and software made available through the Website except where explicitly staed. This includes any copyright, database rights, design rights, logos, service marks, trade names, trade secrets, trade marks (whether registered or unregistered) and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world.
   2. License
      1. the Provider grants the User a non-exclusive, non-transferable, revocable license to access and view the Notes and Website content for their personal, non-commercial use only as part of the Subscription Service.
   3. Restrictions
      1. The User must not modify, copy, distribute, transmit, display, publish, sell or sublicense any of the Notes or Website content.
      2. The User must not remove any copyright or trademark notices from the Notes or Website content.
      3. The User is prohibited from attempting to extract or re-utilise the Notes or Website content without the Provider's prior written permission.
   4. No Challenge of Rights
      1. The User acknowledges the Provider's ownership of intellectual property rights and will not challenge or assist any third party to challenge the validity of those rights.

6. Warranties and Disclaimers
   1. Provider Warranties. The Provider warrants that:
      1. the Website and Subscription Service will perform substantially in accordance with any description or specification set out in these Terms; and
      2. it will use reasonable endeavours to correct any defects or errors in the Website or Subscription Service of which it is notified within a reasonable time.
   2. User Warranties. The User warrants that:
      1. they are legally capable of entering into a binding contract; and
      2. all information provided during registration and payment is true, accurate and complete.
   3. Except for the warranties expressly set out in these Terms:
      1. the Website and Subscription Service are provided on an "as is" basis without any other warranties or conditions, whether express or implied;
      2. all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement are expressly disclaimed;
      3. no warranty is given that the Website or Subscription Service will meet the User's requirements or that its operation will be uninterrupted or error-free; and
      4. the Provider is not responsible for any defects, errors, bugs or technical malfunctions in the Website or Subscription Service.

7. Limitation of Liability
   1. Exclusion of liability
      1. Subject to Clause 7.2, the Provider shall not be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, revenue, business, data, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered as a result of any action brought by a third party) even if such loss was reasonably foreseeable or the Provider was advised of the possibility of the User incurring the same.
   2. Cap on liability
      1. If, notwithstanding Clause 7.1, the Provider is found liable for any loss or damage to the User, the Provider's liability shall be limited to the total amount paid by the User for the Subscription Service in the 12 months preceding the date on which the claim arose.
   3. Internet disclaimers
      1. The Provider does not guarantee continuous, uninterrupted or secure access to the Website or Subscription Service. The User acknowledges that use of the Website and Subscription Service is at their own risk.
   4. Viruses
      1. The Provider has no responsibility for viruses and shall not be liable to the User for any loss or damage arising from the User's failure to implement appropriate virus protection measures.
   5. Third party materials
      1. The Provider has no responsibility for any third party materials or websites accessible via links from the Website and shall not be liable for any loss or damage arising from their use.

8. Indemnity
   1. The User hereby agrees to indemnify, defend and hold harmless the Provider against any and all third party claims, actions, proceedings, losses, damages and expenses (including legal fees) arising out of or in connection with:
      1. the User's use of the Website;
      2. any breach of these Terms by the User; and
      3. any violation of applicable laws by the User.
   2. The Provider hereby agrees to indemnify the User against any and all claims, actions, proceedings, losses, damages and expenses (including legal fees) arising directly out of or in connection with:
      1. the Provider's breach of these Terms;
      2. the Provider's violation of applicable laws; or
      3. the Provider's gross negligence.
   3. The Provider shall not be liable to the User for any indirect, consequential or special damages under this indemnity.
9. Termination
   1. Unilateral termination by Provider. the Provider may terminate this agreement and the user’s access to the Subscription Service at any time by providing the user with 30 days' notice via email.
   2. Termination for breach. the Provider may terminate this agreement immediately and with no prior notice if the user breaches any of these Terms, including sharing their account or access with another person.
   3. Effect of termination. Upon termination the user’s right to access the Subscription Service will end immediately. the user must immediately return or destroy any confidential information or intellectual property of the Provider received as part of the Subscription Service.
   4. Refunds on termination. the Provider is under no obligation to provide any refunds of fees paid except where it terminates under clause 9.1 without cause or as otherwise required by law.
   5. The rights and obligations in clauses relating to intellectual property, limitation of liability, governing law and jurisdiction shall survive termination of this agreement.
10. Privacy and Data Protection
    1. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
    2. the Provider will process personal data provided by the User in accordance with applicable data protection laws in the United Kingdom, including the UK GDPR and DPA 2018.
    3. the Provider’s lawful basis for processing personal data is that such processing is necessary for the performance of its obligations under these Terms and providing the User with access to the Subscription Service.
    4. Personal data will only be processed by the Provider for the purposes of:
       1. Providing the User with access to the Subscription Service;
       2. Administering the User's account;
       3. Internal record keeping; and
       4. Improving the operation and functionality of the Subscription Service and Website.
    5. the Provider will retain personal data for the duration of the User's subscription and for a period of 6 years thereafter, after which time it will be securely deleted or anonymised.
    6. The User has the right to request access to, rectification or erasure of their personal data. the Provider will respond to any such written request within one month and provide the relevant data or a reasoned refusal.
    7. the Provider will implement appropriate technical and organisational security measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
    8. the Provider may share personal data with its third party payment processor Stripe Payments UK Limited, but will impose equivalent data protection obligations on any such subprocessor.
    9. the Provider will comply at all times with applicable data protection laws in the processing of personal data under these Terms.