Privacy Policy and Terms Of Use | TopTests

1.00    INTRODUCTION:

This is a legal agreement between Toptests.co.uk and you. It defines our mutual rights and responsibilities. Please read these terms and conditions and our privacy policy carefully and in their entirety before using this web site so that you are fully aware of your rights and obligations.

Welcome to Toptests.co.uk! Please note at the outset that we are a private testing organization whose purpose is to assist you in taking the driving multiple choice theory test in the United Kingdom. This website is the proprietary and copyrighted content of Toptests.co.uk and is not owned or operated by, nor affiliated with, any federal, state, county, or city government, or any department, bureau, division, or agency of any governmental body. For help or assistance you may contact us at [email protected].

1.01   ACCEPTANCE OF AGREEMENT

(A)      You Have Read and Understand These Terms and Conditions.   By accessing this web site and using the free or premium services, you are agreeing to be bound by these Terms and Conditions, along with the Privacy Policy and related site provisions, each and every time that you visit. You agree also to abide by and comply with all applicable federal, state and local laws, statutes, ordinances and regulations, and with our various rules and prohibitions that we list throughout this Agreement, regarding your use of our website, content, services and any software provided therein. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

YOU AGREE THAT THERE IS GOOD AND VALUABLE CONSIDERATION PASSING BETWEEN BOTH PARTIES TO THE AGREEMENT, AND YOU HEREBY ACKNOWLEDGE YOUR VOLUNTARY INTENTION TO BE LEGALLY BOUND TO ALL PROVISIONS AND MATERIALS THAT COMPRISE THE AGREEMENT.

YOU AGREE TO COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, AND ANY SOFTWARE PROVIDED THEREIN.

(B)     Under 18 Requires Adult Permission.   You agree that by accessing or using the service, you, the Customer, hereby verifies and agrees that you are lawfully able to enter contracts; and that you are at least 14 years of age or older.  If you are under the age of 18 and choose to purchase a Premium account, you must also have an adult parent or guardian agree to the establishment of a “family account” which requires that the parent or guardian must provide their valid credit card or other bank information acceptable to Toptests.co.uk for payment of all fees of the program(s) selected. The adult parent or guardian must confirm to Toptests.co.uk that he/she/they are aware of the applicant’s enrollment in the program and that they give permission for same, along with acknowledging their responsibility to pay, according to our normal protocol, any fees that are incurred by the minor.

(C)      COPPA Compliant.  These procedures and policies are designed to be fully compliant with federal mandates embodied in the Children’s Online Privacy Protection Act (“COPPA”), which provides children and their parents or guardians with meaningful protection of their privacy rights. In that connection, we do not collect information from or accept any form of account relating to  any minor 13 years of age or younger.

1.02    SIGNATURES, ELECTRONIC NOTICES, OTHER CONSENTS

(A)     Digital Signature.  By registering for a Premium account, or by using any of the free tests, you are deemed to have executed this Agreement, the Privacy Policy and other related materials that may be referenced, effective on the date you first registered or used the free tests, whichever occurs first. Pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.), your account registration or starting your first use of our practice test constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms and Conditions, and any amendments.

(B)      Consent To Use and Receive Electronic Records and Notices.   You may at times be entitled to receive certain records or notices from Toptests.co.uk, such as amendments, notifications, changes, communications, and the like.  To facilitate your use of our Website and services, you give us permission to provide these records to you electronically by email or on the Website instead of in paper form.

We do reserve the right, in our sole discretion, to communicate with you via your email address under which your account is registered.  At the same time, your consent to receive records and notices electronically will remain in effect until you withdraw it.  You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support.  If you withdraw your consent, however, we will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services.  Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.  Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

(C)     Password Security.    When you complete the registration process, you will choose or receive a password that will allow you to access our website and services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality.  You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

(D)      Keeping Your Address And Email Address Current.  In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support.

(E)      Duty to Provide Factual, Current and Truthful Information.  You, the Client, hereby acknowledge, understand and agree that you will furnish factual, correct, current and complete information regarding yourself and other requested information. You agree to maintain and promptly update your registration, profile, and other requested information so that it is accurate, complete and updated. If anyone knowingly provides false, untrue, deceptive, inaccurate or incomplete information, Toptests.co.uk has the right in its discretion to suspend or terminate the violating User/Client, and to refuse all current or future use of our services, or any portion thereof, including the processing or completion of any pending transactions and the forfeiture of payments made.

1.03    NO GOVERNMENT AFFILIATION – DRIVER’S MANUAL GOVERNS.

As stated, we are not owned, operated or affiliated with the Government. Toptests.co.uk is not connected to the Driver and Vehicle Standards Agency, any government office or to any other agency or mechanism that administers, creates, processes or grades driving licence or permit examinations. Our website contains general information regarding the DVSA written/computerized theory test in the United Kingdom for informational and educational purposes only.  We are not claiming to act on behalf of, nor that we are endorsed, sponsored or sanctioned by any governmental unit or authority. Where we make a definitive statement regarding the test or the motor vehicle laws or regulations in the UK, we are referencing the official the Highway Code manual and/or motor vehicle laws.  In rare instances, our interpretation of the official Highway Code manual’s wording may be inaccurate in some respect; you hereby recognize this fact and agree to always rely on the manual and laws as the final word on the official test materials.

Our practice tests are intended for training and learning purposes only. We do not represent that you will get the same exact questions and answers on the official examination. The practice tests are intended to give you a good idea of what to expect and what to pay particular attention to while studying the Highway Code manual. The testing that we provide tries to follow as closely as possible the subject matter stressed in the Highway Code manuals but the actual test questions can never be assuredly predicted so that the client/customer agrees and acknowledges that the testing and learning techniques are helpful tools but they can never assure certain test questions or answers, nor a certain result on an official DVSA examination.

We are confident that our program mirrors closely the material concepts that will be on your official test. That is because our experienced experts have spent years continually reviewing the official  Highway code manual to sift the key and changing material for your assistance and preparation. You should, however, always expect to see questions on the official examination that are worded differently from what you have seen before. Fortunately, our experts have incorporated into the Toptests.co.uk program important

2.0     LIMITED USE LICENCE

1. Toptests.co.uk grants you a non-exclusive, non-transferable, revocable licence
2. to access and use our Website and Services strictly in accordance with this Agreement. We hereby grant you permission to temporarily download one copy of the materials (information or software) on Toptests.co.uk’s website, including with respect to our mobile apps; permission is given for personal, educational and non-commercial viewing only.
3. This is the grant of a licence, not a transfer of title, and this grant can be and will be
4. terminated by us in the event that you or any third persons or entities do any of the following:
   1. Modify, display, post, reproduce, distribute or copy the materials;
   2. use any of the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile, adapt, translate, take source code, interfere with the operation of, or reverse engineer any software contained on Toptests.co.uk’s web site;
   4. remove any copyright or other proprietary notations from the materials or otherwise interfere in any way
   5. with any of our intellectual property rights;
   6. transfer the materials to another person or “mirror” the materials on any other server; or
   7. Attempt to build a similar service or application by reference to our proprietary programs, textual content and test materials;
   8. Conduct or Publish any performance, or benchmark test or analysis relating to the Website or the services;
   9. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
   10. Collect or store personal data about other users or viewers without their consent;
   11. Use or attempt to use another’s account or impersonate any person or entity or misrepresent their affiliation with anyone;
   12. Create a false identity or misrepresent your identity;
   13. Scrape or copy profiles or identifying information of others through any means or technology;
   14. Use or distribute any material, data or programs that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data;
   15. Interfere with or disrupt the Toptests.co.uk website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
5. This licence shall automatically terminate if you violate any of the foregoing restrictions and may be terminated by Toptests.co.uk at any time in our sole discretion without further notice to you. We may terminate your account for any reasons at our sole discretion. Upon such termination, you agree to destroy any downloaded materials in your possession whether in electronic or printed format.
6. Where the violation is egregious and results in damage to our resources or affects the facilities or operational functionality for any period of time, or where it appears to violate any law or regulation, you, the client/customer, recognize and agree that we may report the attack to the authorities for prosecution and will take legal action as may be appropriate under the circumstances. We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
7. You may not use your account or the web content or testing materials for any kind of business or commercial use or for any purpose other than preparing for the multiple choice part of the driving theory test. If you have an educational program that necessitates test preparation for several students at one time, you may establish a business account by contacting our customer service help center. Each account (free or Premium) is for individual use only and is not to be shared among multiple users unless the additional services are duly purchased through Toptests.co.uk. If the account content is accessed more times than an individual average user then Toptests.co.uk reserves the right to block the account from future use.
8. This Agreement does not create any kind of agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us.

2.1    LINKS.

There may be links provided in our website to outside services and resources. These linked sites are not a part of Toptests.co.uk, but you may be bound to the terms and conditions of those sites if you click and access them. Whenever you access a link to another entity that is separate from our Website, you are responsible to read and follow the separate terms and conditions of that entity. We are not responsible for any transactions or activities that you may engage in or encounter on those sites because we do not control or influence them in any way.

2.2     AMENDMENTS

We may amend this Agreement at any time without specific notice to you, except that amendments will be posted on the website and, if applicable, on this page. If we decide in our sole discretion that the notice of amendment should be sent to your email address, then we may choose that method of delivery in addition to website posting.  If you continue to use the services after an amendment is published, that is confirmation by you of your acceptance of the amendment(s) or changes. The latest Agreement, with all changes or modifications, will always be accessible on our Website, and for that reason, your continued use of the site is evidence of your acceptance of any updates, revisions, amendments, changes, deletions, additions or modifications to this Agreement. Therefore, you acknowledge that  it is important for you to visit the website and this page periodically to review the Agreement for changes.

2.3     DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

Our Website will respond quickly to claims of copyright infringement purportedly found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA), pursuant to United States law (17 USC. § 512).  If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2) A description of the copyrighted work that you claim has been infringed; 3) A description of where the material that you claim is infringing is located on our Website; 4) Your address, telephone number, and email address; 5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material that you are using is protected by copyright laws, we suggest that you first contact an attorney.

Our address for communications described above:

Elegant E-Learning, Inc.
d/b/a Toptests.co.uk
574 Mountain Brow Blvd, Hamilton, ON
L8T 1B1
44203-014-8900

For best response, direct your comments or questions to us via

[email protected]

2.4     OUR INTELLECTUAL PROPERTY

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or licence for you to use our service marks or trademarks, without the prior written permission of Toptests.co.uk.

2.5     OUR CONTENT

Our content in our website and services is protected under United Kingdom, United States and foreign copyrights. The copying, redistribution, use or publication by you of any such content is prohibited. Your use of our website and services does not grant you any ownership or other rights to our content, trademarks, logos, or other intellectual property.

3.0     PREMIUM SERVICES

(A)     Increase Your Chances With Premium.  We provide a basic service that you can use for free. This includes the basic practice tests, content and functionality. Toptests.co.uk also provides several membership and subscription options that we refer to collectively as “Premium.”  These enhancements include additional practice tests, content and/or upgraded functionality. Your prospects for passing are enhanced significantly when you complete an applicable Premium program as directed.  In fact, your chances are so well substantiated that we even created a program called Pass Guarantee.  These features and the Premium Fee schedules can be viewed on our Website at: https://www.Toptests.co.uk/premium/. The Fees are subject to different membership plans, gift plans and promotions, and the fees and plans may be modified, increased or changed at any time without advance notice. You can access the latest updated information on our Website. Website users who want to add mobile or tablet access will pay an additional fee and may contact our customer help desk. Consult our website for all prices and features of our programs. PDF e-books are available for download as electronic files only.  Toptests.co.uk does not provide paper copies. In addition, the practice tests are available online and there is no behind-the-wheel component included.
(B)     Prices and Payment Method.  All prices appearing on our Website are subject to change without notice. When you open a Premium Account, you authorize Toptests.co.uk to charge the payment method you submitted for all charges that you generate by our services. The different programs and the payment plans, if any, and amounts are set forth on our Website.  Again, you may get all of the details and make an informed decision by reviewing the materials on the Toptests.co.uk Website.

4.0     REFUND/CANCELLATION POLICY AND PASS GUARANTEE

(A)      Pass Guarantee:   We are so confident of the results of our powerful learning and testing techniques that we devised a way for customers who do not pass the official knowledge exam to receive a full refund under certain limited, specified conditions.  The Pass Guarantee will be provided only to a customer who meets the following conditions and qualifications:

1. The customer must purchase a plan that provides Pass Guarantee as part of the package.
2. The customer must enable Pass Guarantee protection on the website when prompted (immediately after logging into their Premium account for the first time), and successfully pass every practice test on Toptests.co.uk.
3. The customer must fail the multiple-choice part of their driving theory test administered by DVSA and provide a true and correct copy of official proof of failure.
4. The customer must  email us at [email protected] and request a refund under the Pass Guarantee program: your most recent completion of all the tests should be not earlier than 30 days before your exam date. We will decide in our sole discretion whether an individual who requests a Refund is entitled to one. Any changes in the foregoing procedures will be instituted at our sole and exclusive discretion and will be published online at our Website and on this page. We reserve the right to modify the conditions for Pass Guarantee at our sole discretion but we will strive to give notification on the Website or herein so that our customers will know the rules. We reserve the right to discontinue this program without advance notice at our sole discretion.
5. You must be the primary account holder. Additional family members that got their free accounts as part of the Family Sharing packages are not covered by the Pass Guarantee or eligible for any kind of refund.

(B)     Refund Policy:    Toptests.co.uk also has a discretionary Refund Policy  for Premium customers. You hereby acknowledge and agree that, despite reference to a refund policy, that Toptests.co.uk has a standard no-refund policy. Like most website businesses, we do not grant refunds because the economic cost of opening, establishing, processing and maintaining a customer’s account is formidable. Therefore, we issue refunds only in rare, meritorious cases, in our sole and exclusive discretion. We sometimes issue a refund where a technical problem has arisen in the delivery or quality of the product or service to the customer. However, you must contact us first and attempt to resolve the obstacle first. If the problem could have been easily resolved and you do not timely contact us about it, then we will not consider a refund.  A technical problem that could justify a refund if it cannot be quickly fixed in certain situations is:

1. Non-delivery of the product: due to some mailing issues of your e-mail provider or mail server, or some technical glitch on our side, you might not receive a delivery email from us. In this case, contacting us for assistance will often resolve the problem.
2. Major defects: although all the PDF products (Cheat Sheets) are thoroughly tested before release, unexpected errors may occur. Such issues must be reported directly to our technical support department, which usually will result in a resolution, correction and/or re-issuance of the product where we deem it to be justified and appropriate.
3. Product not-as-described: such issues must be reported to our technical support within 14 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the product description page.

Complaints which are based merely on the customer’s false expectations or wishes are not honored.  By way of example and not by way of limitation, there is no obligation to provide a refund or credit in the following situations:

1. You changed your mind about the service;
2. You bought the service by mistake;
3. You do not have sufficient expertise to use the service.
4. You need return of your money for some other purpose.

Once a request for refund is received, Toptests.co.uk will review it. If we in our sole and exclusive discretion believe that a refund, either partial or total, is warranted, we will issue the amount that we determine within 14 business days. Once the refund is issued, the customer’s Premium account will be downgraded to a free account.  Please note that when purchasing a product or service through our website you, as a customer, are considered to be aware of our Refund Policy statements and all of the within Terms and Conditions that may be applicable.

(C)     Cancellation policy.   Customers may cancel their Premium membership and/or subscription at any time by emailing: [email protected] and providing their membership name and e-mail address. If a refund is requested, include your reason for the request. No refunds are provided for our withdrawal of payments from your automatic renewal program, and as stated below, it is up to you to take steps to stop the automatic payments from recurring. You can do this within our Website. In order to prevent the next upcoming automatic renewal withdrawal, you must inform us of the cancellation within 5 days prior to your subscription renewal date and at the same time you must take the steps to disengage the auto renewal function by going onto our Website and following instructions. Therefore, in order to assure that you are not charged by auto renewal during a transitionary period, you must act in advance, as stated, and prior to the funds being withdrawn by the automatic renewal process. Once the funds are withdrawn, a request for a refund is invalid and not honored.

(D)     Cessation of Services Upon Cancellation or Failure to Pay.   We will cease to provide services on your subscription renewal date if you have either notified us of a cancelation prior to that date or if you fail to provide pre-payment for the renewal of the next 30-day period of service, or if you withdraw the authorized pre-payment from your payor.

(E)      Automatic Renewal of Premium Account.  If the automatically renewed subscription plan is purchased, it is the customer’s responsibility to disable the auto-renewal in their account dashboard once the Premium services are no longer needed. At the discretion of Toptests.co.uk, we may be unable to provide a full or partial refund in the event that you are charged by our automatic renewal function for services not used.

4.1     CHARGEBACKS

AS STATED, WE HAVE A NO REFUND, NO CHARGEBACK POLICY.  Although partial or total refunds may be paid at Toptests.co.uk’s discretion under very limited circumstances, the rule in most instances is that we do not issue refunds and we prohibit and may penalize your use of chargeback procedures with your payment service. If you have an issue with a charge or payment to us, you hereby agree to contact us first for clarification of the charge before you contact your credit card company to request a dispute or reversal of the charge. Therefore, if you want to use the service, you hereby agree that chargebacks are not to be used under any circumstances.  You shall not make any chargebacks and/or deny or reverse any payment made by you regarding a bill owed to Toptests.co.uk,  and you shall reimburse us for any loss or damage that we incur because of any such action by you or your financial institution or representative, including reimbursement to us of reasonable attorney’s fees and costs incurred in collecting the amount owed. You promise to pay promptly all your debts to Toptests.co.uk, and you agree that we shall have all rights of collection stated herein. You understand and acknowledge that the use of chargeback procedures could result in your preclusion from using our free services as well as our premium programs.

4.2     RESOLUTION OF CONFLICTS PROCEDURE

Toptests.co.uk is committed to providing a great service to our customers. We therefore expect to resolve any issues between us in a mutually satisfactory manner. Most disputes or disagreements are minor, and they are resolved in-house between us on an informal basis. When you have an issue, you may communicate directly with a representative of the company. If the initial contact does not resolve your issue, then put it in writing and send to [email protected].  We will review again and respond within 48 hours. We will continue to discuss the issue if we are still at an impasse. This will be a process of mediation where we will informally try to find an acceptable ground for both sides of the issue. If there is no possibility of a resolution, you will have the option of bringing a civil action in a court of applicable jurisdiction and venue, but you understand and agree to be limited by the damages cap listed below.

5.0     DISCLAIMERS – NO WARRANTIES AND NO LIABILITY FOR LOSSES

Although there are limitations to our liability, your satisfaction is very important to us. We encourage you to contact us at any time that you feel that our services are not in accordance with our mutual agreement. We hope to avoid conflicts by having our courteous, proactive administrative staff assist you every step of the way and try to accommodate your expressed needs within reasonable standards accepted in the industry.

However, you, the Client, affirm that you understand and agree that the intensity of competition online is great, and we must limit our potential liability to the maximum degree allowed by law.  Therefore, you agree to the following limitations, and if you do not, you will cease the registration process and exit the site. Your continued use of the site indicates your voluntary understanding and agreement to the following limitations, waivers, disclaimers, hold harmless provisions and to other such provisions contained elsewhere in the Terms and Conditions.

PLEASE READ AND UNDERSTAND OUR LIMITS OF LIABILITY BEFORE USING SERVICES. OUR RIGHTS TO SUE OR MAKE CLAIMS ARE RESTRICTED AS SET FORTH IN SEVERAL PROVISIONS BELOW.

NOTE:  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY SO THAT SOME OF THESE EXCLUSIONS MAY NOT BE ENFORCEABLE BY US.

YOU, THE CLIENT/CUSTOMER, DO UNDERSTAND,  ACKNOWLEDGE AND AGREE THAT THE SERVICES OFFERED BY Toptests.co.uk ARE PROVIDED IN “AS IS” CONDITION, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR FOR VIOLATION OF ANY PERSONAL OR PROPERTY RIGHTS.  YOU UNDERSTAND AND AGREE THAT Toptests.co.uk HAS MADE NO REPRESENTATION OR WARRANTY NOR SHOULD YOU REASONABLY EXPECT OR BELIEVE THAT THESE SERVICES WILL IN ALL INSTANCES OBTAIN THE OUTCOME THAT  YOU WANT, OR THAT THEY WILL BE EFFECTIVE, PROBABLE, RELIABLE, SECURE, TIMELY, VALID, ERROR-FREE, UNHARMFUL OR WITHOUT DEFECT OF ANY KIND. Toptests.co.uk DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE TESTS OR OTHER LEARNING TECHNIQUES PROVIDED ON THE WEBSITE WILL FULLY OR COMPLETELY SATISFY YOUR PARTICULAR NEEDS OR REQUIREMENTS FOR PREPARATION AND LEARNING OF THE MATERIAL, NOR THAT OPERATION OF ITS WEBPAGES, GIVEN THE SOMETIMES INSECURE ASPECTS OF THE INTERNET, WILL BE UNINTERRUPTED, FREE OF CORRUPTION, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS.  WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THERE WILL NOT BE ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.

YOU, THE CLIENT/CUSTOMER, DO VERIFY THAT YOU UNDERSTAND AND ACKNOWLEDGE THAT EACH PERSON HAS DIFFERENT LEARNING CAPACITIES AND ABILITIES OR DETRIMENTS, ALL OF WHICH WILL GO INTO MAKING THE RESULTS OF THE TESTING PROCESS DEPEND ON THOSE VARIABLES AND OTHER VARIABLES SUCH AS THE AMOUNT OF SLEEP AND PHYSICAL OR MENTAL CONDITION OF THE STUDENT ON THE DAY OF THE TEST.  YOU EXPRESSLY AND VOLUNTARILY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE FUNCTIONS AND LEARNING TOOLS CONTAINED IN THE Toptests.co.uk WEBSITE IS AT YOUR SOLE PERSONAL RISK. YOU AGREE THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT YOU ARE ENTIRELY RESPONSIBLE AND LIABLE FOR ANY UNWANTED OR UNSUCCESSFUL TESTING RESULTS WITH RESPECT TO ANY OF THE PROGRAMS ACCESSED OR PRACTICED OR STUDIED ON THE Toptests.co.uk WEBSITE,  AND YOU HEREBY ASSUME THE ENTIRE RISK RELATING IN ANY WAY TO THE QUALITY, PERFORMANCE, FUNCTIONING, ACCURACY, AND CONTENT OF THE SITE OR ANY PART OF IT.  TO SUM IT UP, THE PARTIES RECOGNIZE AND AGREE THAT, WHILE THE PROGRAMS ON THE WEBSITE ARE EXCELLENT LEARNING TOOLS, NO ONE CAN GUARANTEE A SUCCESSFUL RESULT.

YOU, THE CLIENT/CUSTOMER, DO EXPLICITLY AND VOLUNTARILY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Toptests.co.uk AND ITS AFFILIATES, LICENSORS, SUBSIDIARIES, OFFICERS, EMPLOYEES, OWNERS, AGENTS, SUCCESSORS OR ASSIGNS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES, FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR EXEMPLARY DAMAGES, ARISING OUT OF THE PURCHASE AND IMPLEMENTATION OF ANY OF THE DRIVER’S LICENCE OR PERMIT LEARNING PROGRAMS OFFERED BY US.  THIS DISCLAIMER APPLIES TO ANY DAMAGES OR LOSSES INCURRED BY YOU OR ANY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROPERTY, PROFITS, LOST SAVINGS, LOST INCOME, DISRUPTION OF DOMESTIC TRANQUILITY, PERSONAL PSYCHOLOGICAL TRAUMA OR MENTAL ILLNESSES, PAIN AND SUFFERING, LOSS OF LIFE’S PLEASURES, PHYSICAL HARM TO HEALTH OR HARM TO THE HEALTH OR PHYSICAL WELLNESS OF THIRD PARTIES, LOSS OF EARNING CAPACITY, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REPLACEMENT COSTS, LOSS OF USE, LOSS OF DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH Toptests.co.uk OR A Toptests.co.uk AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THE DAMAGES RESULT FROM OUR OWN NEGLIGENCE.

5.1     LIMITS OF LIABILITY FOR CLAIMS DEEMED VALID BY US OR BY A COURT

IN ANY EVENT, WHERE A CLAIM IS MADE FOR DAMAGES, YOU, THE CLIENT/CUSTOMER, HEREBY AGREE THAT THE AGGREGATE LIABILITY DUE YOU OR ANYONE UNDER ANY CIRCUMSTANCES UNDER THIS AGREEMENT WILL BE LIMITED TO A MAXIMUM AMOUNT THAT YOU, THE CLIENT/CUSTOMER, HAVE ACTUALLY PAID US UNDER THIS AGREEMENT FOR THE SERVICE(S) OR PRODUCT(S) THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM, OR FOR SUCH LESSER AMOUNT DEEMED APPROPRIATE.

5.2     FORCE MAJEURE.

YOU, THE CUSTOMER/CLIENT, HEREBY AGREE THAT Toptests.co.uk, ITS EMPLOYEES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT WHERE THE DELAY OR FAILURE RESULTS FROM ANY CAUSE BEYOND THE COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD; LABOR DISPUTES OR OTHER INDUSTRIAL DISTURBANCES; SYSTEMIC ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY FAILURES; EARTHQUAKE, STORMS OR OTHER ELEMENTS OF NATURE; BLOCKAGES, EMBARGOES, RIOTS, ACTS OR ORDERS OF GOVERNMENT; ACTS OF TERRORISM OR WAR; AND/OR INTERNET SERVICE PROVIDER FAILURE OR DELAY, OR FAILURE OF SERVICE DUE TO ATTACK BY HACKERS. CUSTOMER/CLIENT AGREES AND YOU DO HEREBY WAIVE, RELEASE AND REMISE ANY CLAIMS OR ACTIONS WHATSOEVER, FOR ALL TIME, ARISING OUT OF SUCH CAUSES, AND YOU HEREBY AFFIRM THAT YOU WILL PROTECT, INDEMNIFY AND HOLD DIGITAL RENEGADES HARMLESS FOR ANY CLAIMS RESULTING FROM OR CONNECTED WITH ALL SUCH EVENTS AND INTERRUPTIONS.

5.3    HOLD HARMLESS CLAUSE.

YOU, THE CLIENT/CUSTOMER, DO ALSO HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD Toptests.co.uk AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS, FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, OR ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU,  AND ANY OTHER CLAIMS OR LIABILITIES ARISING OUT OF YOUR USE OF THE SERVICES, THE USE OF THE PLATFORM OR ANY USE OR PROVISION OF THE SERVICES BY ANY PERSONS OR ENTITIES.

5.4     CLASS ACTION WAIVER.

The Customer hereby affirms that it understands and agrees that the Customer may only resolve  disputes with Toptests.co.uk pursuant to the dispute resolution provisions stated in this agreement, and that the Customer may not bring or join a claim as a plaintiff or a class member in a class, consolidated, or representative action. The Customer understands and agrees that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited by this agreement.

6.0   ADMINISTRATIVE PROVISIONS.

The following provisions are entered into mutually by You and Toptests.co.uk to cover various Administrative issues that may arise in the performance or termination of an Agreement.

6.1     NO THIRD-PARTY BENEFICIARIES

This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

6.2     ASSIGNMENT.

You will not assign this Agreement, or delegate or sublicence any of your rights under this Agreement, without the prior written consent of Toptests.co.uk. Any assignment or transfer in violation of this section will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective heirs, successors and assigns. 

6.3     NO WAIVERS.

The failure by Toptests.co.uk to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision later. All waivers by us must be in writing to be effective.

6.4     SEVERABILITY.

If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be severed from this agreement and the rest of the Agreement shall remain in full force and effect; excepting that, the stricken provision shall, to the maximum extent permissible by law, be interpreted to affect the intent of this agreement according to the expressions in the remaining enforceable provisions herein.

6.5     GOVERNING LAW; VENUE.

The laws of Ontario, Canada, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute relating in any way to the Service, Products or this Agreement will be adjudicated in any court in Canada. You consent to exclusive jurisdiction and venue in those courts. We may seek injunctive or other relief in any state or federal court of competent jurisdiction for any actual or alleged infringement of our or our affiliates, or any third party’s intellectual property or other proprietary rights.

6.6     ENTIRE AGREEMENT.

This Agreement is the entire agreement between you and us regarding the Services or Products that you purchase or will purchase. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any information or materials appearing elsewhere, such as on the website or in a mobile app that we may distribute for the use of our customers, the terms contained in this document will control.

6.7     CONTACT US FOR INFORMATION OR ASSISTANCE:

We are:

Elegant E-Learning, Inc.
d/b/a Toptests.co.uk
574 Mountain Brow Blvd, Hamilton, ON
Hamilton, ON L8T1 B1
44203-014-8900

For best response, direct your comments or questions to us via

[email protected]

These Terms and Conditions were last fully updated on November 19, 2020.