examday

1. About these terms

ExamDay (“ExamDay”, “we”, “us” or “our”) is an independent revision service. These terms of use (the “Terms”) apply to your use of examday.co.uk, its subdomains and everything available through them (together, the “Service”). You can contact us at [email protected].

Our privacy notice explains how we use your personal information and forms part of how we provide the Service. If you are under 18, we recommend that you read these Terms with a parent or guardian.

2. Who can use ExamDay

The Service is intended for students preparing for school and university admissions examinations, and for the parents, guardians and teachers who support them. You must be at least 13 years old to create an account. By creating one, you confirm that you are.

3. Your account

• You must give a valid email address that you control, and keep your password private. An account is for one person only.
• You are responsible for what happens on your account. If you think someone else has used it, change your password, use “Sign out everywhere” on your Account page and tell us.
• You can delete your account at any time from your Account page. Deleting it permanently removes your revision history, bookmarks and notes.

4. The Service

The Service is currently free. We may add, change or remove features, subjects, papers or questions, and we may limit how much of the Service can be used in a period (for example, the number of papers that can be opened) to protect it from automated copying. We will try to give reasonable notice of significant changes that affect you.

We aim to keep the Service available and working, but because it is provided free of charge over the internet we do not promise that it will always be available, uninterrupted or free from errors. We may suspend it for maintenance or for reasons outside our control.

ExamDay is independent. It is not affiliated with, endorsed by or connected to AQA, OCR, Pearson Edexcel, Cambridge University Press & Assessment, UAT-UK or any other examination body, university or test provider. Their names and the names of their qualifications and tests are used only to describe what our material relates to, and their trade marks belong to them.

5. Revision material, not advice

The Service is a revision aid. Questions, worked solutions, explanations, topic groupings, mark estimates and scores are provided to help you practise; they are not official, and they may contain errors or differ from how an examination body would mark an answer. Always check the specification, rules and published information for your own examination with the relevant examination body or your school or college. We cannot and do not promise any particular result in any examination or admissions process.

If you find a mistake, please report it using the report option on the question or by emailing us. We are grateful for corrections.

6. Intellectual property

Examination board material

Past papers, mark schemes, inserts and other material published by examination bodies (“Board Material”) remain the property of their copyright owners. We make Board Material available, including where we have arranged questions from it by topic, to help students revise. We place no restrictions of our own on how you use Board Material you get from the Service. Because we do not own it, we cannot give you any rights in it: if you want to copy, share, publish or sell it, check what its copyright owner allows. You are responsible for using it in line with their terms and the law.

Notices from rights holders

We respect the rights of copyright owners. If you own material on the Service and object to how it is used, please email [email protected] with details of the material and your rights in it. We will respond promptly and, where appropriate, remove the material.

7. Acceptable use

You must not, and must not help or allow anyone else to:

• use any robot, scraper, crawler or other automated means to access, download or copy the Service or its content, or download content in bulk, except for ordinary search engine indexing of public pages;
• get round, disable or interfere with any security feature, usage limit or access control, including our protections against automated copying;
• share your account, use another person’s account, or create accounts by automated means;
• reverse engineer the Service, or attempt to gain unauthorised access to it, to other users’ accounts or to our systems;
• upload or send anything that is unlawful, harmful, abusive, misleading or that infringes anyone’s rights, or that contains viruses or other harmful code;
• use the Service in any way that breaks the law or could damage, disable or overload it.

8. Your content

You keep ownership of anything you write on the Service, such as notes and question reports (“Your Content”). You give us a non-exclusive, royalty-free licence to store, copy and use Your Content to provide the Service to you, and, for question reports and other messages, to correct and improve the Service. Notes are private to your account. You confirm that Your Content does not break the law or anyone’s rights, and we may remove anything that we reasonably believe does.

9. Other websites

The Service may link to websites run by others, such as examination bodies. We are not responsible for those websites or their content.

10. Suspending and ending your use

You may stop using the Service and delete your account at any time.

We may suspend or close your account, or restrict your access, if you seriously or repeatedly break these Terms, if we reasonably believe your account is being used for automated copying, fraud or other misuse, or if we are required to by law. Where it is reasonable to do so, we will tell you why and give you a chance to respond. We may also stop providing the Service, or any part of it, by giving reasonable notice on the Service or by email.

Sections 6, 7, 11 and 13 continue to apply after your use of the Service ends.

11. Our responsibility to you

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law. Nothing in these Terms affects your legal rights as a consumer, including under the Consumer Rights Act 2015.

Subject to the paragraph above:

• we are not responsible for any loss or damage that was not reasonably foreseeable when you started using the Service;
• we are not responsible for any examination result, admissions decision or other outcome, or for decisions you make in reliance on the Service;
• we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity;
• if digital content we supply damages a device or digital content belonging to you because we did not use reasonable care and skill, we will either repair the damage or pay you reasonable compensation.

12. Changes to these terms

We may change these Terms, for example to reflect changes in the law or in the Service. The date at the top shows when they last changed. If a change significantly affects you, we will tell you by email or on the Service before it takes effect. If you do not agree with a change, you may stop using the Service and delete your account.

13. General

• These Terms, together with our privacy notice, are the whole agreement between you and us about the Service.
• If a court decides that any part of these Terms is unlawful or unenforceable, the rest will continue in full force.
• If we do not enforce our rights straight away, we can still enforce them later.
• We may transfer our rights and obligations under these Terms to another organisation; we will tell you if this happens and it will not reduce your rights. You may not transfer yours without our written agreement.
• Nobody other than you and us has any right to enforce these Terms.
• These Terms are governed by the law of England and Wales. You can bring legal proceedings in the courts of England and Wales; if you live in Scotland or Northern Ireland, you can also bring proceedings in the courts there.

14. Complaints and contact

If you have a question or complaint about the Service, please email us and we will do our best to resolve it promptly.