TERMS OF USE
Prescription Revision Limited is a private company limited by shares incorporated in Ireland with registered company number 609389 and having its registered office at Suite 104, 4/5 Burton Hall Road, Sandyford, Dublin 18, D18 A094 (“we” and cognate phrases such as “us” and “our” shall be construed accordingly).
We have agreed to make available our website www.gpexamsimulator.ie (the “Website)”, on the terms and subject to the conditions set out herein (these “Terms”) to any person over 18 years of age who has registered to use the Website.
1. THE TERMS OF USE
1.1 Please take the time to carefully read these Terms and all other policies and guidelines referred to herein, as amended, revised, modified or replaced from time to time (the “Policies”). Each of the Policies is incorporated by reference into these Terms as if specifically set out herein and references herein to these Terms shall include the Policies. Our current Policies are:
- Privacy Statement; and
- Cookies Policy
1.2 Your use of the Website is conditional upon your compliance with these Terms.
1.3 By using the Website to obtain the Services you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms you shall immediately cease to use the Website. We recommend that you print a copy of these Terms for future reference. These Terms constitute the sole and entire agreement between you and us in relation to their subject matter and supersede all prior written and oral arrangements, understandings, representations, warranties and agreements between you and us in that regard (if any). You acknowledge that you are not relying, and shall not seek to rely, on any arrangement, understanding, representation, warranty, agreement, term or condition which is not expressly set out in these Terms.
1.4 We may make changes to these Terms from time to time at our absolute discretion. By continuing to use the Website you confirm that you accept these Terms, as revised by us from time to time in our absolute discretion.
2. YOUR PAYMENT
2.1 By submitting your payment you are attempting to purchase a mock consultation on the GP Exam Simulator website.
2.2 You acknowledge and agree to use only payment means (credit cards or others) which you are duly and fully authorized to use.
2.3 You agree to pay for your mock consultation in a timely manner and according to the terms and the rates as published on the Website.
2.4 We may increase or decrease the mock consultation fee at our absolute discretion and will endeavour to notify you by email prior to any such increase or decrease.
2.5 All payments are processed through Stripe and we do not collect any information on your method of payment (e.g. the credit card you used). You acknowledge and agree that your payment is subject to the Stripe Services Agreement – Ireland (the “Stripe Services Agreement”). By using the Website, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. We shall have no liability in contract, tort (including, without limitation, negligence) or otherwise for any loss or cost suffered or incurred by you arising out of or in connection with your use of Stripe services.
2.6 It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your mock consultation, including in relation to any currency conversion required.
2.9 The price we state for a mock consultation is inclusive of value added tax.
2.10 Cancellation:
- You have 14 days after the day we email you to confirm we accept your order to cancel your mock consultation order. You will be entitled to a full refund. You can cancel your order by contacting us at support@gpexamsimulator.ie stating why you wish to cancel your order.
- We reserve the right to cancel your mock consultation order if you do not make payment to us or if you breach other terms of the Agreement.
3. YOUR USE OF THE WEBSITE
3.1 We hereby grants you a non-exclusive, non-transferable right to access and use the Website for your own personal, non-commercial purposes. You shall not: a) create derivative works of the Website b) knowingly permit any third party to access or use the Website; or c) use or distribute the content on the Website for commercial use.
3.2 The content on the Website is provided and made available to you on an “as is” or “as available” basis. We make no promises in respect of the quality, completeness or accuracy of the information published, or that use of the Website will guarantee success in any exam. The Website is intended for use as an exam revision aid by clinicians or other health professionals. However, it is your responsibility to independently verify any information that you may choose to rely upon from the Website.
3.3 While we make every effort to provide accurate information in connection with the Website, we make no warranty that:
- the Website or our Services will be uninterrupted, timely, secure, virus-free or error-free; or
- any information contained on, results that may be obtained from the use of, or other aspect of the Website will be accurate, current, complete or reliable.
3.4 We may from time to time and at our absolute discretion perform maintenance upon the Website or experience hardware, software or other problems related to the Website, resulting in interrupted Website service or delays or errors in the Website. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
3.5 You acknowledge and agree that we may, at our absolute discretion, revise, discontinue, or otherwise modify, temporarily or permanently, the Website or any part thereof or your access to the Website. We will try to give you reasonable notice of any major changes. You may choose to accept or decline our changes to the Website by continuing or discontinuing use of the Website. Your use of the Website after we make any changes to the Website shall constitute your acceptance of such changes.
4. TERMINATION
We reserve the right at our absolute discretion to terminate your access to the Website and/or your account, in whole or in part, at any time and for any reason, including for any breach by you of any provision of these Terms.
5. INTELLECTUAL PROPERTY
Nothing in these Terms shall operate to assign or transfer to you any Intellectual Property Rights of or belonging to us. You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in the Website and in all other materials and/or documents, created by and belonging to us and/or our licensors. Nothing in these Terms grants you any rights, title and/or interest in and to any of the aforementioned Intellectual Property Rights.
6. DATA PROTECTION
6.1 We may collect, store and otherwise process your personal data which we obtain from you directly, from your use of the Website or from third parties. You acknowledge and agree that your personal data will be processed in accordance with our Privacy Statement. If you do not wish for your personal data to be processed in such a way, you shall immediately cease to use the Website.
7. ASSIGNMENT
These Terms are personal to you and you may not assign rights or obligations contained in these Terms or your rights related to the Website to any other party. We expressly reserve the right to assign these Terms and to delegate any of our obligations hereunder, in our absolute discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under these Terms to independent contractors or other third parties in our absolute discretion and without your consent.
8. NO WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
9. HARM TO COMPUTER SYSTEMS AND DATA
You acknowledge and agree that we shall have no liability of any kind for viruses, worms, Trojan horses or other similar harmful components that may enter your computer by downloading information, software or other materials from the Website.
10. LIABILITY
10.1 This Clause 10 prevails over all other provisions of these Terms and sets forth our entire liability in respect of: (a) the performance, non-performance, purported performance or delay in performance by us of our obligations under these Terms; and (b) these Terms or the entering into or performance of our obligations under these Terms.
10.2 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
10.3 To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
10.4 We shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise):
- loss of revenue;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of the use of money;
- loss of anticipated savings;
- loss of business;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of, damage to or corruption of data; or
- any indirect or consequential loss howsoever caused
whether arising out of, or in connection with, or in relation to these Terms or the performance of our obligations hereunder or any transaction or matter contemplated by these Terms.
10.5 Our total liability in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with or in relation to our supply or non-supply or purported supply or delay in supply of services under these Terms or otherwise out of or in connection with or in relation to these Terms (including the performance of our obligations hereunder) or any transaction or matter contemplated by them shall be limited to 120% of the price you have paid for your mock consultation. The limitation of Liability under this Clause 10 has effect in relation both to any liability expressly provided for under these Terms and to any liability arising by reason of the invalidity or unenforceability of any term of these Terms.
10.6 We shall not be liable to you in contract, tort or otherwise for any failure or delay in the performance of any of our obligations under these Terms which is caused by any event or circumstances beyond our control including any labour disputes between us and our employees.
11. SEVERABILITY
If any provision of these Terms is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
12. LAW AND JURISDICTION
These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and construed in accordance with Irish law. Subject as provided below, the Irish courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and any non-contractual obligations arising out of or in connection with these Terms and we and you submit to the exclusive jurisdiction of the Irish courts for that purpose. Nothing in this Clause 11 limits our right to bring proceedings against you arising out of or in connection with these Terms:
- in any other court of competent jurisdiction; or
- concurrently in more than one court of competent jurisdiction.