FQPS Academy Terms and Conditions

Last Modified: 28 May 2023
Effective date: 28 May 2023 These terms and conditions (“Terms”) apply to the all learning and preparation packages designed and delivered by FQPS Academy (the “Website” or “we”, “us” or “our”) relating to the Solicitor’s Qualification Examinations: • SQE 1 Preparation • SQE 2 Preparation (the “Packages”). Thank you for taking the time to carefully review these Website Terms of Use ("Agreement"). This Agreement is established as a legally binding contract between you ("you" or "your") and FQPS Academy ("FQPS Academy," "we," or "us") and for the fqps.co.uk Website (the "Website"). Your usage of the Website is contingent upon your acceptance to adhere to the terms included in this Agreement. By accessing and using the Website, you agree to be bound by this Agreement's terms and conditions. DO NOT ACCESS THE FQPS Academy Website IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS OF USE. THIS AGREEMENT CONTAINS AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. PLEASE REFER TO SECTION 15 FOR DETAILS. 1.Changes to Agreement FQPS Academy holds the right to alter or modify this Agreement or any additional terms at its sole discretion, at any time. If you do not agree with the modified terms of the Agreement for the Website, you should stop using the Website. Consequently, we urge you to visit this page regularly to stay updated with the most recent Agreement. UNLESS OTHERWISE STATED, ANY CHANGES TO THIS AGREEMENT WILL BE IMMEDIATELY APPLICABLE UPON POSTING. While we are not obliged to notify you about any changes, any changes to this Agreement will not retroactively apply to events that occurred prior to such changes. Your ongoing use of this Website will constitute your acceptance of any new terms within the revised Agreement. 2.Your License to Access this Website The content of the Website, and the Website in its entirety, is designed to provide information regarding FQPS Academy's various products and services, as defined and subject to change by us at any time, according to our sole discretion. All written content prepared and posted by us, as well as the Website design, layout, look, appearance, and graphics on the Website, in addition to the trademarks, service marks, and logos contained on our Website (collectively, "FQPS Academy Content"), are owned by or licensed to us. We reserve all rights not explicitly granted in, and to, the Website and the FQPS Academy Content. Unless otherwise provided in this Agreement, no part of the Website and no FQPS Academy Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, Website, or other medium for publication or distribution or for any commercial use without our prior express written consent. FQPS Academy grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Website, provided you comply with all your obligations under this Agreement. Any usage of the Website beyond this license is strictly prohibited and constitutes a violation of this Agreement, potentially leading to the termination of your right to access and use this Website. Your access to this Website is provided temporarily with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on the Website without notice. 3.Restrictions on Participation Please refrain from misusing the Website or any of its content. You may not interfere with the Website's presentation or delivery or attempt to access the Website using any method other than the interface and the instructions that we provide. As a condition of accessing the Website, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Website other than as expressly allowed under this Agreement; (b) use FQPS Academy’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated, or electronic means to access the Website (including, but not limited to, robots, spiders, scripts, or web-scraping tools); (d) frame the Website, place pop-up windows over its pages or otherwise affect the display of its pages; (e) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website. 4. User Content Certain features of the Website may allow you to provide content to the Website, such as written comments. Such content is publicly shared on the Website. As such, all content submitted by you to the Website may be retained by us for as long as we need it in relation to the purposes set out in the Privacy Policy, which can be viewed here, subject to state law, even after you terminate use. We may continue to disclose such content to third parties, as described in the Privacy Policy. You agree to use the Website in accordance with all applicable laws. You agree that you will not use the Website for organized partisan political activities. Also, you agree that you will not email or post any of the following content ("Prohibited Content") anywhere on the Website: Content that defames, harasses, or threatens others Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties Material that contains obscene (i.e., pornographic) language or images Advertising, promotional materials, or any form of commercial solicitation Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of email addresses associated with any of the foregoing) Content that otherwise harms other users or visitors to the Websites Content that is otherwise unlawful or that violates any applicable local, state, national or international law While FQPS Academy will not typically screen or monitor content posted by users to the Website, FQPS Academy reserves the right to remove Prohibited Content of which it becomes aware (though it is under no obligation to do so). 5.Posting Content on Our Website Your content is solely your responsibility. We will not be liable under any circumstances for your content or for any loss or damage of any kind incurred as a result of the use of any of your content. You can post content to the Website only if (a) you created and own the rights to the content, or you have the owner’s express written permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including copyrights, trademarks, or privacy rights), or violate any applicable laws, this Agreement or any other posted policies. We have the right, but not the obligation, to remove content for any reason. You are responsible for any content you post to the Website and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR Website. You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Unless otherwise provided in this Agreement, you or the owner of any content that you post to our Website retain ownership of all rights, title, and interests in that content. However, by posting content on the Website, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature of the Website that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. 6.Notice of Copyright Infringement FQPS Academy respects the intellectual property rights of all, and has implemented a policy that provides for the termination, in appropriate circumstances, of users who infringe the rights of copyright holders. 7.Links, Frames, and Metatags You may link to the home page of the Site for non-commercial purposes as long as the link does not cast us in a false or misleading light. This limited right may be revoked at any time, subject to our sole discretion. You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates FQPS Academy trademarks or name without our express prior written consent. 8.Links to Other Websites The Site may contain links to other websites, including third-party websites that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites. This Agreement and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites. 9.Your Privacy; Protection of Your Account Credentials The FQPS Academy Privacy Policy, which can be viewed here, describes how we collect and use personal information about you through the Site. You are responsible for protecting your account log-in credentials from unauthorized access and use. You must promptly notify us by email of any known or suspected unauthorized use(s) of your account. 10. ​​System Availability and Errors You must provide the equipment and Internet connections necessary to access the Site at your own expense. We do not guarantee that the Site will operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or used with your computer. There may be times when the Site is unavailable due to technical errors or for maintenance and support activities. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SITE WILL ALWAYS BE AVAILABLE OR IS COMPLETELY FREE OF ERRORS. The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Site or any information supplied to you via the Site, or that files available through Site are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics. 11. Disclaimer FQPS Academy undertakes to deliver and maintain the Site with a commercially reasonable degree of professionalism and diligence. However, THE SITE AND ANY INFORMATION, PRODUCTS, OR SERVICES INCLUDED ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT. FQPS Academy DOES NOT PROVIDE ANY WARRANTY, AND THEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, RELATING TO THE PRECISION, ADEQUACY, OR COMPLETENESS OF THE SITE, INFORMATION DERIVED FROM THE SITE, OR LINK TO THE SITE. FQPS Academy DOES NOT ASSURE THAT THE SITE WILL OPERATE UNINTERRUPTED OR WITHOUT ERRORS, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE AFORESAID, FQPS Academy DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR FULFILL THE INTENDED PURPOSES, (B) THE SITE WILL NOT FACE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED. FQPS Academy DOES NOT MAKE ANY ASSERTION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. FQPS Academy DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO IT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR ANY INFORMATION OR SERVICES PROVIDED ON IT IS AT YOUR OWN RISK. 12. Liability Limitation UNLESS PROHIBITED BY LAW, YOU AGREE THAT FQPS Academy WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON THE SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE. UNLESS PROHIBITED BY LAW, FQPS Academy WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. FQPS Academy’s TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED TWENTY U.S. DOLLARS ($20). YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FQPS Academy, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR FQPS Academy'S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. 13.Indemnification You agree to indemnify, defend, and hold harmless FQPS Academy and its affiliates, officers, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys' fees and costs, made by any third party relating to or arising out of: (a) your use or attempted use of the Site or any content contained therein; (b) your violation of any law or rights of any third party, (c) information or content that you post or otherwise make available on the Site, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights, and (d) any act or omission by you which is a breach of your obligations under this Agreement. You will have the right to defend and compromise such claim at your expense for the benefit of FQPS Academy; provided, however, you will not have the right to obligate FQPS Academy in any respect in connection with any such settlement without the written consent of FQPS Academy. Notwithstanding the foregoing, if you fail to assume your obligation to defend, FQPS Academy may do so to protect their interests and you will reimburse all costs incurred by FQPS Academy in connection with such defense. 14.Termination Rights FQPS Academy may terminate your use of the Site at any time and for any reason without liability. Cancellation of this agreement with us occurs when you cancel your SQE monthly Subscription, or if the FQPS Academy cancels this contract ("Cancellation"). Other cancellation: Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation. You must give 30 days' notice of cancellation to FQPS Academy. Cooling off Period Waiver: you acknowledge that you have waived your consumer rights to a refund as soon as you access our digital content. 15. Dispute Resolution; Class Action Waiver YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY REGARDING ANY DISPUTE. YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO A PUNITIVE OR EXEMPLARY DAMAGES AWARD. ANY ARBITRATION AWARD SHALL BE LIMITED TO ACTUAL DAMAGES AND ATTORNEYS' FEES. YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO ANY FORM OF CLASS ARBITRATION. YOUR DISPUTE SHALL BE RESOLVED INDIVIDUALLY AND SHALL NOT BE CONSOLIDATED WITH ANY OTHER CLAIM OF ANY OTHER PERSON OR ENTITY. YOU AGREE AND ACKNOWLEDGE THAT YOU MUST INITIATE ANY DISPUTE BY FILING A PROPER DEMAND FOR ARBITRATION WITHIN ONE YEAR OF THE DATE OF YOUR USE OF THE SITE AND THAT YOU CAN BRING NO DISPUTE AFTER THAT TIME. YOU AGREE AND ACKNOWLEDGE THAT ANY DISPUTE, INCLUDING THE FACT AND OUTCOME OF ARBITRATION, IS STRICTLY CONFIDENTIAL. YOU ALSO AGREE AND ACKNOWLEDGE THAT ANY ARBITRATOR MUST AGREE TO THE SAME STRICT CONFIDENTIALITY. YOU AGREE AND ACKNOWLEDGE THAT FQPS Academy WOULD NOT PERMIT USE OF ITS SITE ABSENT YOUR AGREEMENT TO ARBITRATE AND WAIVER OF YOUR RIGHT TO A TRIAL BY JURY. 16.General Legal Terms If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else. Subject to the Disclaimer and Limitation of Liability section above, in any dispute with us, your sole remedy is to stop using the Site. This includes any dispute related to, or arising out of: (a) any term of this Agreement or our enforcement or application of this Agreement; (b) any of our policies or practices, including our Privacy Policy, or our enforcement or application of these policies; (c) the content available on the Site or the Internet or any change in content provided by us; (d) your ability to access or use the Site; or (e) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges, or billing methods. Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Site electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decide not to receive notices from us electronically, we may terminate your access to the Site. Contact FQPS Academy If you have any questions or need to contact us for any reason relating to this Agreement, please contact us at: [email protected]

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