Improve Exam Success Terms and Conditions



PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING TOUGHER MINDS PRODUCTS. These terms tell you the rules for using our Improve Exam Success Products.

WHO WE ARE AND HOW TO CONTACT US

Improve Exam Success products are operated by Tougher Minds (“We”). Registered office: Tougher Minds, No 1 Leeds, Whitehall Rd, Leeds, LS12 1BE. Our VAT number is 128 6163 11.
To contact us, please email contact@tougherminds.co.uk.

BY USING OUR PRODUCTS YOU ACCEPT THESE TERMS

By using our products, 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, you must not use our products.
You are also responsible for ensuring that all persons who access our products through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We recommend that you print a copy of these terms for future reference.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our products, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR PRODUCTS

We may update and change our products from time to time.

WE MAY SUSPEND OR WITHDRAW OUR PRODUCTS

We do not guarantee that our products or any content in them, will always be available or be uninterrupted.

We may suspend or withdraw or restrict the availability of all or any part of our products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

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.

We have the right to 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 contact@tougherminds.co.uk.

HOW YOU MAY USE MATERIAL ON OUR PRODUCTS

We are the owner or the licensee of all intellectual property rights in our products, and associated materials. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may download and print off one copy of any page(s) we sent you for your personal use and you may draw the attention of others within your family or organisation to this content.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content in our products must always be acknowledged.

You must not use any part of the content in our products for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our products in breach of these terms of use, your right to use our products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION IN OUR PRODUCTS

Although we make reasonable efforts to update the information in our products, we make no representations, warranties or guarantees, whether express or implied, that the content in our products is accurate, complete or up to date.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a user representing an organisation:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our products or any content in them.

• We will not be liable to you 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, our products; or

• use of or reliance on any content displayed in our products.

• In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user:
• Please note that we only provide our products for domestic and private use. You agree not to use our products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our products will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our products. You should use your own virus protection software.

You must not misuse our products by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our products, the server on which our products are stored or any server, computer or database connected to our products. You must not attack our products via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our products will cease immediately.

RULES ABOUT LINKING TO OUR PRODUCTS

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our products in any website that is not owned by you.
Our products must not be framed on any other site, nor may you create a link to any part of our products.

If you wish to link to or make any use of content on our products please contact contact@tougherminds.co.uk.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS ARE REGISTERED

The following are registered trade marks of Tougher Minds. You are not permitted to use them without our approval.
– A.P.E
– A.P.E. Brain
– H.U.E.
– H.A.C.
– H.A.C. Brain
– S.W.A.P.
– T.R.A.I.T.
– Tougher Minds
– Pre-Shot
– Me Power
– Team Power
– Family Power
– K.O.S.Y.
– F.A.B.
– D.E.S.
– F.A.M.
– House of Confidence
– Activation
– W.A.B.A.
– F.A.B. Moment
– Igloo of Confidence
– T.E.T.A.P.

The following are trade marks of Tougher Minds. You are not permitted to use them without our approval.
– Brain States
– Will Power Story
– E3
– Improve Exam Success