1.0 The Examagram Agreement
1.1 The Examagram Website is provided to you for your use subject to these Terms. These Terms form a binding agreement between you (the user) and Examagram. By accessing or using the Examagram Website you agree to accept and/or to be bound by the Terms set out in this document. By using the website you agree to use the Examagram.com Website at your own risk.
1.2 In the case of any conflict between these Terms and any contract you have with Examagram, these Terms will take precedence in all circumstances. This includes any marketing material or the service level agreement.
1.3 From time to time we may update these terms for legal or regulatory reasons or to allow the proper operation of the Examagram.com Website. The changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Examagram.com Website. They will also be sent to any secondary email address that you have provided. They will also be sent to candidates listed in every users’ account. The changes will apply to the use of the Examagram.com website after we have given you (the user) notice. If you do not wish to accept the new Terms you should not continue to use the Examagram Website. If you continue to use the Examagram.com Website after the date on which the change comes into effect, your use of Examagram.com indicates your agreement to the new Terms without exception.
2. 1“User” means a person (examiner) or entity that is contracting to use the website to send a test to another person (candidate) or a person (candidate) completing the test as requested by another person (examiner). The definition of “user” may also be used to define a third party contact who has been sent the results or any other relating information regarding the Examagram services.
2.2 “Design” includes the colour combinations and the page layout of the Examagram Website and all emails and test certificates sent by Examagram.
2. 3 “Examiner” or “Examiners” means a person or entity that is accessing an Examagram Website to send a test or utilise any Examagram Services for any reason related to the purpose of candidate testing or employment. It may also be used to describe a third party who has been sent the test by the examiner.
2.4 “Examiner Materials” or “Examiner account” includes any brochures, emails, job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by the Examiner, if any, for use in connection with the Examagram Services.
2.5 “Graphics” includes all logos, button icons, and other graphical elements on the Examagram Website, with the exception of paid advertising banners.
2. 6 “Candidate” or “Candidates” means a User who is accessing the Examagram Website to complete a test or visits the website for any other capacity except in some cases as an Examiner.
2.7 “Examgram.com” means Examagram or the company operating the Examagram Website for the country in which you live or in which business is headquartered. “Examagram” is inclusive of Examagram.com and other associated websites.
2.8 “Examagram Content” includes all Text, Graphics, and Design, Programming, information, images, video, audio files, software and other contents used on the Examagram Website.
2.9 “Examagram Database” or “Examagram Databases” includes all information inputted into the Examagram Websites and/or all candidates and/or employers’ information registered with Examagram.com.
2.10 “Examagram Services” means any services provided by Examagram.com or its agents including:-
2.10.1 the provision of online recruiting or testing, some advertising and creating Profiles which may include personal information;
2.10.2 the future provision of recruitment and executive search services;
2.10.3 the provision of online search access or information search functions to third parties;
2.10.4 future matching of job specifications with potential candidate profiles and advising Users and/or Candidates of the positions available;
2.10.5 providing Examiners with access to future internal recruitment management system by registering an Examagram account with Examagram.com;
2.10.6 providing Advertisers and/or Examagram with other ancillary recruitment and advertising services including banners, electronic direct mail system, design and posting support services; and
2.10.7 providing external Advertisers and/or Examiner services to advertise on Examagram.com Website.
2.11 “Examagram Website” means any website under Examagram.com’s control. This includes Examagram.com Mobile Applications.
2.12“Profiles” means user (candidates or examiners) profiles created or company profiles created and maintained by Examiners.
2.14 “Examagram Account” means the account authenticated by username and password, to access the Examagram recruitment/testing management system. It can also be used to describe a candidate’s profile.
2.15 “Examagram Account Holder” refers to any User who has registered for an Examagram Account with Examagram.com and/or has access to Examagram.com recruitment/testing Database for any purpose relating to testing or employment.
2.16 “Text” includes all text on every page of the Examagram.com Website, whether editorial, navigational, or instructional.
2.17 “User Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by Users (examiners or candidates) on or through Examagram.com Website.
2.18 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.
3.1 In order to use the Examagram Service, you must:
3.1.1 Be at least 18 years of age and able to enter into contracts;
3.1.2 Complete the account registration process;
3.1.3 You must ensure that the contact and billing information provided by you on registration or at any time are correct and complete.
3.1.4 You must inform Examagram immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively. This can be done by contacting us at [email protected] or updating your profile via the Examagram Dashboard.
3.1.5 not be based in Iran, North Korea, Syria, or any other country that is subject to a U.K. government embargo, or that has been designated by the U.K. government as a “terrorist-supporting” country; and
3.1.6 not be listed on any U.K. government list of prohibited or restricted persons.
3.2 By using the Service, you represent and warrant that you meet all the requirements listed above and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
3.3 Examagram may refuse service, close accounts of any Members, and change eligibility requirements at any time.
4.1 We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.
5.0 Password and Security
5.1 When you register to use the Examagram.com Website you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us at [email protected] immediately.
5.2 If Examagram has reason to believe that there is likely to be a breach of security or misuse of the Examagram Website, we may require you to change your password or we may suspend your account. On occasions this may be enforced.
5.3 As a result of loss of your Password or the misuse of the Examagram.com Website:
5.3.1 all losses or damage incurred thereby shall be borne by you; and
5.3.2 you shall fully indemnify Examagram.com should Examagram.com suffer any loss or damage.
6.1 Paid Monthly Plans
6.1.1 When you sign up for a Monthly Plan, you agree to monthly recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you started your Monthly Plan.
6.1.2 Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If any part of a month is included in the Term, then payment is required for the full month.
6.1.3 If you exceed your self-selected usage limits for your Monthly Plan, then you’ll have to pay additional charges (as described above) for the prior billing cycle on or before the next Pay Date, even if the Term ends. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.
6.2 Free Plans and Trial Period
6.2.1 If you use the Service under the free plan (“Free Plan”) and you want to go over the Free Plan limits, you’ll be required to upgrade your account to, and select and pay for, a Monthly Plan. Monthly Plans are described in Section 6.1 above. If you go over the limits for the Free Plan more than once, you’ll no longer qualify for the Free Plan, even if your future sending volume is within the limits of the Free Plan.
6.2.2 Free plans will be withdrawn on the 15th September 2019, any accounts associated with free plans at this time will be automatically moved over to a Free Trial Plan “Trial Plan”.
6.2.3 Free Trial Plans cannot be extended past their limit as worded on our Website. Continuation of our service will require a Paid Monthly Plan or credit purchase at the end of the trial period. If you commence a Paid Monthly Plan or purchase exam credits before the end of the trial period you will not qualify for the Trial Plan even if you have not reached the limits of the Trial Period.
6.3 Debit and Credit Card
6.3.1 As long as you’re a Member with a Monthly Plan or otherwise have an outstanding balance with us, you’ll provide us with valid debit or credit card (“card”) information and authorize us to deduct your charges against that card.
6.3.2 You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card.
6.3.3 Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected.
6.3.4 If we’re unable to process your card order, we’ll try to contact you by email and suspend your account until your payment can be processed.ds
6.4.1 We’ll give you a refund for a prepaid month if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.
6.5 Billing Changes
6.5.1 We may change our fees, including our charges for Monthly Plans at any time by posting a new pricing structure to our Website or in your account and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.
7.0 Intellectual Property
7.1 Examagram Website, Examagram.com Content, and all right, title and interest in and to the Examagram Website are the exclusive property of Examagram.com.
7.2 Examagram.com Website and Content are protected by copyright, trademark, database right and other intellectual property rights.
7.3 You may retrieve and display Examagram.com and the content of the Examagram.com Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print not more than 10 copies of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or Examagram.com. You can not use content from the Website without written permission from Examagram. Please contact us at [email protected] if you would like to clarify what is acceptable use of the content from the website. We grant users the access to use of the test certificates along with statistical information available on the website as well as the written definitions of the Test results on the condition that it is not used to harm the credentials or brand image of Examagram. We reserve the right to withdraw this permission at any time without dispute. We also grant any users the right to include any of the commercial information provided on our website or in our service level proposal in order to obtain additional business, assuming that it is to promote the use of Examagram. Examagram reserves the right to remove these permissions.
8.0 Availability of the Examagram.com Website
8.1 Although we aim to offer you the best service possible, we make no promise that the services at the Examagram.com Website will meet your requirements.
8.2 We cannot guarantee that the Examagram.com Website will be fault-free, error-free, or that Examagram.com Website and servers are free of viruses or other harmful mechanisms. If a fault occurs with the Examagram.com Website you should report it here and we will attempt to correct the fault as soon as we can.
8.3 Your access to the Examagram.com Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.
9.0 Your use of the Examagram Website
9.1 Examagram.com grants you a limited, terminable, non-exclusive right to access and use Examagram.com Website only for your personal use and/or employment purposes.
9.2 You may not use the Examagram.com Website for any of the following purposes:-
9.2.1 disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
9.2.2 aggregating, copying or duplicating in any manner any of the Examagram.com Content or information available from any Examagram.com Website.
9.2.3 reproducing any of the Examagram.com Content for general use.
9.2.4 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
9.2.5 interfering with any other person’s use or enjoyment of the Examagram.com Website; or
9.2.6 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. (with the exception of test certificates). In the case of test certificates, Examagram grants you the right to use the test certificate at you own free will with the exception of activity that can harm the image of Examagram or for any activities that are not regarded as appropriate to the service provided. Examagram reserve the right to remove the test certificate from use at any time.
9.3 You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Examagram.com Website. With exception, Examagram does grant you the right to use the product as a value add service to your commercial activity. I.E in the case of an external recruitment agency offering the Examagram service to a client. Examagram reserves the right to withdraw this usage at any time. In no way can a third party charge or produce any revenue from the Examagram service without prior consent.
10.0 Your use of the Examagram.com Services
10.1 Additional Terms applicable to Examiners
10.1.1 Examagram hereby grants you a limited, terminable, non-exclusive right to access and use Examagram.com Website for your internal business use seeking candidates or to test candidates for employment. This authorizes you to view and download not more than 10 copies of Examagram.com Content or materials on the Website solely for your use directly related to recruiting and testing Candidates. We do grant you the right to use of the test certificates and other information under the conditions or these Terms.
10.1.2 Examagram.com also grants you a limited, terminable, non-exclusive right to use Examagram.com Services for your internal use only. These rights are granted and set out in the standard service documented in the Examagram Service Level Agreement.
10.1.3 You are responsible for maintaining the confidentiality of your Examagram account, Profile and passwords, as applicable. As previously mentioned you are responsible for maintaining the data you have provided for third parties (users & candidates). If at any time a user (candidate) wishes to have their details removed you must inform Examagram immediately. If a user (candidate) at any time wishes to have their details removed at any time then Examagram will adhere to their request. Examagram will seek reasonable due diligence to ensure the user (candidate) identity is true and will notify you of any activity relating to the status of their information.
10.1.4 You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be strictly liable and/or responsible for all uses of your Examagram Website registrations and passwords, whether or not authorized by you.
10.1.5 You agree to immediately notify Examagram.com of any unauthorized use of your employer account, Profile or passwords. You shall fully indemnify Examagram.com should Examagram.com suffer any loss or damage relating to unauthorized use of your Examagram account.
10.1.6 Examiner represents, warrants and covenants that any Examiner Materials provided by Examiner for use in connection with Examagram Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights or publicity or privacy, and defamation laws.
10.1.7 Examiners acknowledge and agree that it shall disregard any personal data received from the Candidate which are irrelevant to obtaining and assessing the suitability of candidates or testing the candidates.
10.1.8 Examiners are solely responsible for the Examiner Materials on Examagram Website. Examagram is not to be considered to be an employer with respect to your use of any Examagram Website and Examagram shall not be responsible for any employment decisions, for whatever reasons, made by any examiner using the Website for testing purposes.
10.1.9 Examiner Information may not contain:-
10.1.9.1 names, logos or trademarks of unaffiliated companies;
10.1.9.2inaccurate, false, or misleading information;
10.1.10 Examagram is under no obligation to monitor the Employer information on Examagram Website, but Examagram may monitor the User Materials at any time.
10.1.11Examagram reserves the right to remove any User information which in the reasonable exercise of Examagram discretion, does not comply with this Section, or if any content Examagram believes is not in the best interest of Examagram.
10.1.12If any time during your use of the Examagram Services, you made a misrepresentation of fact to Examagram or otherwise misled Examagram in regards to the nature of your business activities or breach of the Terms, Examagram may terminate your use of the services and in such event. Examagram reserves the right to remove any profiles/users from the database if it considers the business to be damaging to its service, damaging to its public perception or is bad natured to Examagram or to any Examagram users.
10.1.13 You understand and acknowledge that all information provided by you may be disclosed to other related to parties such as prospective Employees and businesses.
10.1.14 You understand and acknowledge that if you cancel your Examagram account or your Examagram account is terminated, all your account information from Examagram, may be deleted from the Database. Information may continue to be available for some period of time because of delays in propagating such deletion through Examagram web servers. Examagram is under no obligation to provide you with this information.
10.2 Additional Terms applicable to Candidates
10.2.1 Examagram hereby grants you a limited, terminable, non-exclusive right to access and use Examagram Website only for your personal use to take the test and view other associated information. This authorizes you to view and download a not more than 10 copies any content or material on Examagram Website solely for your personal. You are permitted to use the hyperlink that provides your test certificate as many times as required to show you English competence. Examagram reserves the right to remove this link at any time.
10.2.2 Examagram gives you the right to request any information that has been given to us via another user (Examiner). It is your responsibility to work with the examiner to ensure all information submitted is accurate, complete, and up to date and not misleading. The Profile requires standard fields to be completed. You may not impersonate another person, living or dead. You understand that by taking the test your assume control of the information provided by the Examiner on the Examagram website.
10.2.3 You acknowledge and agree that you are solely responsible for the information given, immediately informing Examagram of any false information that has been given by any users upon taking the test.
10.2.4 Examagram reserves the right to offer third party services and products to you based on the agreement you enter by taking the test. By taking the test you agree to have your information stored on our internal database.
10.2.6 You understand and acknowledge that all information provided by you may be disclosed to other related to parties such as prospective Employers and others.
10.2.7 You understand and acknowledge that you have no ownership rights in your profile and that if you are sent the test by more than one examiner then your profile may appear a number of times. If you request your profile to be removed or if your profile is removed by Examagram all your account information from Examagram, will be marked as deleted in and may be deleted from Examagram Databases and will be removed from any public area of the Examagram Website. Information may continue to be available for some period of time because of delays in propagating such deletion through Examagram web servers. In addition, third parties may retain saved copies of your information.
10.2.8 Examagram.com reserves the right to delete your account and all of your information after a significant duration of inactivity.
10.3 User Content and submissions
10.3.1 You understand that all User Content is the sole responsibility of the person from which such User Content originated. This includes the information provided about your profile or account. If there is a dispute on the information given by users (examiners) about other users (candidates) this may lead to the deleting of the profile.
10.3.2 You understand and acknowledge that all information provided by shall be stored in Examagram Databases and this from time to time will be shared with relevant third parties, potentially for commercial use.
10.3.4 By signing up as a user (examiner) on the Website or by taking a test as a user (Candidate), you grant Examagram, subject to your privacy setting, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content.
10.3.5 Examagram may review and remove any User profiles that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Examagram Website. Examagram reserves the right to expel Users and prevent their further access to the Examagram Services for violating the Terms or applicable laws, rules or regulations. Examagram may take any action with respect to User profile or action that it deems necessary or appropriate in its sole discretion if it believes that such User action could create liability for Examagram or do damage Examagram’s brand or public image, or cause Examagram to lose Users.
10.3.6 Examagram does not represent or guarantee the truthfulness, accuracy, or reliability of user opinion or commentary that, is created from user activity nor does Examagram endorse any opinions expressed by Users on the Examagram website or on external websites and publications. You acknowledge that any reliance on material posted by other Users will be at your own risk.
11.0 Term and Termination
11.1 These Terms will remain in full force and effect while you are a user of any Examagram Service.
11.2 Examagram reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User account/profile from the Examagram Website and immediate termination of your registration with or ability to access the Examagram Website and/or any other services provided to you by Examagram, upon any breach by you of these Terms or if Examagram is unable to verify or authenticate any information you submit to a Examagram Website registration or any information subsequently uploaded.
12.0 Examagram’s liability
12.1 Examagram Website and Examagram Services act as, among other things, venues for:-
12.1.1 Employers or their agents to test and evaluate candidates for potential jobs or their current employees;
12.1.2 candidates to participate in tests and engage in activities proving their suitability for positions.
12.1.3 Advertisers to post advertisements.
12.2 Examagram does not screen or censor the information given. Examagram is not involved in the actual transaction between examiners and candidates. As a result, Examagram is not responsible for User Content or profiles, the truth or accuracy of the information. To be clear, it is solely the responsibility of the examiner to ensure that the candidates is fully aware of the information that is being provided up until the candidate decides to take the test. Any information given by the examiner and therefore any liability relating to the information is solely with the examiner. Once the candidate has started the test, they have fully agreed with the terms and conditions laid out in this document and they are in full understanding that they are then responsible to ensure that the examiner has submitted correct and accurate information on their behalf in relation to their profile. Examagram will assume that the candidate has given full permission for the information to be shared. It is the candidate’s responsibility to inform Examagram of false or unauthorized information being given past the point of starting the test.
12.3 Examagram reserves the right in its sole discretion to remove any User accounts, profiles or content from the Examagram Website from time to time.
12.4 Examagram Website also provides content from other internet sites and resources and while Examagram tries to ensure that material included on the Examagram Website is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If Examagram is informed of any inaccuracies in the material from the Examagram Website we will attempt to correct the inaccuracies as soon as we reasonably can.
12.5 Examagram Website and Examagram Content may contain inaccuracies or typographical errors. Examagram makes no representations about the accuracy, reliability, completeness, or timeliness of any Examagram Website or the Examagram Content. The use of all Examagram Website and the Examagram Content is at your own risk.
12.6 Nothing on the Examagram Website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web sites, products, services, hiring, experience, employment or recruiting practices, or otherwise, unless otherwise stated.
12.7 If Examagram are in breach of these Terms, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use the Examagram Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
12.8 The aggregate liability by Examagram to you for all claims arising from your use of Examagram Website and/or Examagram Services shall be limited to the amount of GBP10.05p.
13.1 Examagram shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of Examagram Services or for Examagram Content, accuracy or quality of information available or transmitted through Examagram Services.
13.2 You acknowledge and agree that it is not Examagram policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through Examagram Website and/or Examagram Services.
14.0 Third Party Website
14.1 As a convenience to customers, the Examagram Website includes links to other websites or material which are beyond its control. Examagram is not responsible for content on any site outside the Examagram Website.
15.0 Advertising and Sponsorship Policy
15.1 Part of the Examagram Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Examagram Website complies with relevant laws and codes.
15.2 Examagram reserves the right to refuse to run any advertisements that, in Examagram sole discretion, are not suitable for publication on any of the Examagram Website.
15.3 Examagram will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
16.1 You agree to defend, indemnify, and hold harmless Examagram, and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:-
16.1.1 any User Content or other material you provide to any Examagram Website or any content from the Examagram website;
16.1.2 Your use of any Examagram Content; or
16.1.3 Your breach of these Terms.
16.2 Examagram shall provide notice to you promptly of any such claim, suit or proceeding.
16.2 These Terms will be subject to the laws of the United Kingdom.
16.4 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
17.0 International Use
17.1 We make no promise that materials on the Examagram Website are appropriate or available for use in your location, and accessing the Examagram Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Examagram Website from your location, you do so on your own initiative and are responsible for compliance with local laws.
18.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
18.2 If you breach these Terms and Examagram chooses to ignore this, Examagram will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
18.3 Examagram shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
18.4 If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.
19.1 The Examagram Website is owned and operated by Witega Ltd.
19.2 If you have any queries about the terms or the service please contact us at [email protected]
19.3 We will send notice to you at the address submitted by you or to such other address as Examagram reasonably determines is an appropriate address for you.