Terms and Conditions
1. Introduction: Pass Your Theory Limited are offering subscribers access to the Official DSA UK Theory Test Questions up to date for tests taken from September 2007 on the www.passyourtheor.co.uk website under the following terms and conditions which must be accepted prior to entry to the site. We highly recommend you print these terms and conditions for your future reference. This information will be referred to as the 'service' in the terms and conditions. 'Users' within this document refers to you the subscriber and provider of payment for the 'service'.
2. Access to the service, its charges and how it works:
Users consenting to and submitting payment for the service are able to access the full Official “DSA” Theory Test Question bank for CARS and MOTORCYCLES. Access to questions is provided on a random basis and the charges for access are based on the time allowed access to the service. Users are also able to access 8 Hazard Perception clips as supplied by the Driving Standards Agency, elearning and a sign recognition test. We also provide elearning and downloadable Sign Recognition training. All components except Sign Recognition will work on PCs and Macs running Internet Explorer 5.5+, Firefox or Safari browsers. Sign Recognition is PC only.
We commit to providing the users with updates of their progress which can be accessed online. We do not commit to providing user progress reports via any other method of communication. Results will be displayed via a scoring method. Results are also viewable via category to show specific areas that may require further attention or show specific categories of weakness.
Subscribers paying £9.99 will be sent a CDROM containing the Hazard Perception Training, elearning and sign recognition. This CDROM will be sent within 14 days of payment being made.
3.Interruptions to Service Access:
Pass Your Theory Limited is not responsible for server problems resulting in the user being unable to access their account. Pass Your Theory Limited will endeavour to the best of its ability to limit such interruptions to the provision of its service however will not be obliged to refund monies for these temporary access limitations whether they be the fault of Pass Your Theory Limited's service provider or the fault of Pass Your Theory Limited itself. (Further details of 'Exclusions of Service' can be read in Clause 8.
4. “DSA” Theory Test Question Bank:
Pass Your Theory Limited commit to the diligence of keeping the Official DSA Theory Test Question Bank as up to date as possible but cannot be held responsible where the “DSA” fails to notify Pass Your Theory Limited of changes to the Question Bank. The Database of Questions is up to date as of September 2006 as provided by the “DSA”. Pass Your Theory Limited cannot guarantee that the questions accessed will be the same randomly provided questions in the Official “DSA” Theory test that the user may experience.
5. How to access the Service:
We will require details to be entered into the selected form fields online. Access to the service will be granted in the form of Username and Password as chosen by the user. Access will only be granted on the successful submission of payment and for this we will require the production of credit, debit or paypal details for the person paying for the user to access the service. Provision of the details may be by the user themselves, friends, family members or an employer. Pass Your Theory Limited will not be responsible for the fraudulent use of another's credit, debit or paypal details. If Pass Your Theory Limited suspects fraudulent use of a credit, debit or paypal details we reserve the right to refuse access to our service and alert the relevant authorities. Prior to providing card details the (“Cardholder”) must read and accept these terms of Service and Conditions. If the (“Cardholder”) does not agree to these terms of Service and Conditions access to the Service cannot be given.
In the event that the User and Cardholder are not the same person we may also require some details of the User such as their email address.
Upon successful payment Pass Your Theory Limited will attempt to email the access password within two hours. In the case of the user and cardholder not being one and the same the password will be mailed to the “Cardholder” and the “Cardholder” must supply the password to the intended user.
The 48 hour, one week, one month and one year access will start from the time that access to the Service is enabled.
6. Copyright, Design Rights and the Rights of Publisher Pass Your Theory Limited and the use thereof:
“DSA” Theory Test Questions and Answers and Hazard Perception clips are the property of the third party being the Office of Crown Copyright, HSMO and the DSA and are legally licensed to Pass Your Theory Limited. Should Pass Your Theory Limited suspect that unlawful reproduction or downloading of this information is or has occurred we will immediately notify and assist the relevant bodies. All other Software, Programming, Code and Design either belong to Pass Your Theory Limited or third parties under agreement. Users have the right to access the Service for the purpose of learning and sitting a Mock Theory Test, Mock Hazard Perception Test, using the E-Learning modules to facilitate this.
All other rights are expressly reserved and Pass Your Theory Limited will uphold these rights to the full extent of the law. No part of this site or its contents may be reproduced for any purpose without the Permission of Pass Your Theory Limited.
7. Personal Information and the Data Protection Act:
Cardholders and Users personal information will protected in strict accordance with the 1998 Data Protection Act.
8. Reliance of Service Exclusion:
Pass Your Theory Limited provide no warranty as to the correctness of answers provided to questions. No warranty or guarantee is given that the Service will meet the standards, expectations or needs of the User or Cardholder. We will not be held responsible for interruptions in service or errors in software programming or delivery. Pass Your Theory Limited is committed however to the standards of Business Best Practice.
9. Passing the Official “DSA” Theory Tests and Hazard Perception Tests.
No guarantee is given that the completion and use of our Service will mean the successful passing of the Official “DSA” Theory Tests and Hazard Perception Tests or Driving Tests. Pass Your Theory Limited does, however, offer a full refund to members who have paid £9.99 if they fail their Theory or Hazard Perception tests having successfully completed at least 5 mock theory tests on www.passyourtheory.co.uk.
10. Liability
No Liability will be accepted for loss or damage resulting in the use of our Service.
11. Locality and Relevance of Service:
“DSA” Theory Tests and Hazard Perception Tests are relevant to the UK only and should only be used for the purpose of studying and are not intended for study in any area outside the UK.
12. Passwords and Access to the Service:
Passwords are provided for use by one person only being either the user or the Cardholder. Pass Your Theory Limited reserves the right to cancel any membership or subscription where we have reasonable grounds to suspect that this term and the password is being used by more than one person or being abused in anyway.
13. Language Accessibility:
At the time of publishing the www.passyourtheory.co.uk web site and Service is available in only one language.
14. Data Protection:
The Data Controller in this instance is
NLIGHTN MULTIMEDIA LTD
4 LECK HOUSE
LAKE STREET
LEIGHTON BUZZARD
BEDFORDSHIRE LU7 1TQ
Company No. 03674714
Pass Your Theory Limited will only use information provided for the purposes of Administration, Customer Services and Internal Marketing Purposes. We will not share your information with any other third party. We may keep information provided by you the user or cardholder to contact you with notification of other services or offers to you.
When the User or Cardholder supplies information regarding another person they do so with the express understanding that the other person has granted you permission to do so, and they have granted you authorisation to act in this manner. Pass Your Theory Limited will not be held responsible for any breach of this understanding.
You have the right to request a copy of any information held by us. This must be requested in writing to the address above signed by you.
You may request us to correct any inaccuracies in the information held on you in writing, signed to the address above.
Sensitive Data:
By accepting these terms and conditions you are consent to the use of your data as specified above and for these purposes only.
15. These terms and conditions and the service itself is governed by English Law and if you accept these Terms and Conditions Cardholders and Users are submitting to the exclusive jurisdiction of the Courts of England in the Event of a Dispute.
16. Cancellation. You have the right to cancel the service and receive a refund if you notify us within 24 hours of payment being made AND if you have not used the service. This does not affect your statutory rights.
16. Pass Your Theory Limited reserves the right to alter these terms and conditions at anytime with or without notice.
If you the user or you the Cardholder are in agreement and to accept these terms and conditions please click the 'I Accept' checkbox on the registration page.
Please print a copy for your records.
September 2007