Terms & Conditions

Clearexam.ie Terms of Use

The domain name www.Clearexam.ie.com (hereinafter referred to as "Website") is owned by Clearwater Labs Ltd. a  company incorporated under CRO (Companies Registration Office ) Parnell House, 14 Parnell Square Dublin 1 the (hereinafter referred to as "Clearexam.ie").

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Clearexam.ie allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Clearwater Labs Ltd.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews etc), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Clearexam.ie Policies ((including but not limited to Privacy Policy available on http://www.clearexam.ie/privacypolicy.php )) as amended from time to time.

Membership Eligibility

If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Clearexam.ie website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Clearexam.ie reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Clearexam.ie's notice or if it is discovered that you are under the age of 18 years.

Terms & Conditions

Welcome to the www.Clearexam.ie website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order/buying you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website. 

Before you place an order, if you have any questions relating to these terms and conditions please contact our customer service representatives by email, or call us on +35321- 4217684 (Mon – Fri, 8:30am – 5:00pm).

Definitions

  • Conditions - Terms and conditions and any special conditions.
  • Product - A product displayed for sale on the website.
  • Product description - Part of the website where certain terms and conditions in respect of the individual product are  provided.
  • Special conditions - The terms and conditions in the product description.
  •  Users - The users of the website collectively.
  •  Personal information - The details provided by you on registration.
  • We/us – Clearwater Labs Limited.
  •  Website - The website located at www.clearexam.ie or any subsequent URL which may replace it.
  • Cookies - Small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer.
  •  Ireland  : All Ireland County except Northern Ireland.
  • You - A user of this website.

 

Use of the Website

You are provided with access to this website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these terms and conditions. 

Our Rights 

We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the terms and conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. 

We reserve the right to refuse access to this website at our discretion. 

Third Party Links 

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse, and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on, or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. 

If you wish to link to our website homepage or any page on our site, you must seek the permission of the Chief Operating Officer first. If permission is granted you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

MyClearexam & Clearexam Online Subscriptions

Your MyClearexam account, Clearexam Online subscription and log in details are personal and non-transferable and must be kept confidential and used only by you for the duration of your subscription or registration period. We reserve the right to terminate your subscription and/or take further action should we find you in breach of this clause.

My Performance Data

Clearexam aims to retain performance data from expired subscriptions for a maximum of 90 days after the subscription has ended. Clearexam retains the right to delete data from expired subscriptions as and when necessary, and makes no guarantees about the continued retention of data after a subscription has expired.

Intellectual Property and Rights of Use

Clearexam is the registered trademark of Clearwater Labs Limited. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. 

You are permitted to use this material only as expressly authorised by us or our licensors. 

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only. Any other use of the material and content of the website is strictly prohibited. 

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 

Compliance with Laws 

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website. 

Limitation of Liability 

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether expressed or implied in relation to its accuracy. 

The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether expressed or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. 

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. 

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether expressed or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. 

We do not seek to limit our liability for death or personal injury caused by our negligence. Our liability in connection with any product(s) purchased through our website is strictly limited to the purchase price of that product.  We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions Entire Agreement. 

If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions. 

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. 

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Your statutory rights are not affected by these terms and conditions. 

The conditions shall be governed by and construed in accordance with the laws of Ireland and you irrevocably submit to the exclusive jurisdiction of the courts of Ireland. 

Contact 

The registered company address of Clearexam Limited is:

Clear Water Labs Ltd

Unit 1G The Atrium Building

Blackpool Business Park

Blackpool

Cork

Ireland

 

Purchase of products

Description of Products 

Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, guarantees, and after-sales service. 

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted, in accordance with our order acceptance policy. 

Orders

Prices & descriptions may be updated from time to time and are subject to change. You must ensure that prior to placing an order you have checked all relevant details about the products and/or services you have selected. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. Details of this policy can be found in the “contract creation and electronic contracting” section below.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website. 

Contract Creation and Electronic Contracting 

The technical steps required to create the contract (order acceptance policy) between you and Clearexam Limited are as follows:

  • You place the order for your products on the website by pressing the confirm order button at the end of the checkout process.
  • Your order constitutes an offer to us to buy our product(s)
  • We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Clearexam Limited.
  • Order acceptance and the completion of the contract between you and Clearexam Limited will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in 'change or cancel your order'

Non-acceptance of an order may be a result of one of the following:

  • Our inability to obtain authorisation for your payment
  • The identification of a pricing or product description error

All disputes arising from this contract shall be governed by Irish law and statutes.

Payment 

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. 

The total cost of your order is the price of the products ordered plus delivery charges as set out in the delivery section of this website. Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account as set out in the payment section of the website. 

You confirm that the credit or debit card being used is yours. 

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. 

Refusal of Transaction

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on the website. We may refuse to process a transaction for any reason, or refuse service to anyone at any time at our sole discretion. 

We will not be liable to you or any third party by reason of: our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. 

By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Cancellation of Live training Sessions by Company

The Company reserves the right to cancel the Live training Sessions without prior notice, if, at the Company’s sole discretion, the minimum number of students is not reached or if there is another valid reason. In this event 40% of all sums paid to the Company by the user will be refunded while the rest will be retained for the online study material provided. In the event of the Company having to cancel a programme for reasons outside its control, the Company retains the right to deduct from such sums, 20% of monies paid.

Security

Shopping with www.clearexam.ie is safe and secure.

We use internet standard encryption technology to protect your personal information including credit or debit card number, name and address. Our payment is gateway is with AIB (http://aib.ie) bank, which is highly secure for all kinds of payments.

Content and Accuracy

The information offered by Clearexam is obtained by our authors from reliable sources. However, while every effort has been made to ensure its accuracy, no responsibility for loss, damage or person acting or refraining from action as a result of information contained herein can be accepted by the publishers or author.

Zero Tolerance Policy

Any form of aggression towards staff working for Clearexam is unacceptable, be it at a course or by telephone. We therefore operate a zero tolerance policy across the organisation as a whole. 

A zero tolerance policy acknowledges that aggressive, abusive and threatening behaviour does not go with the job and will not be tolerated. Violence against staff is a crime and individuals behaving violently or aggressively towards staff may be reported to the police or to the Irish Medical Council. 

This zero tolerance policy covers foul and abusive language sent into the organization by email. We will not respond to any such communication, regardless of the underlying content, and the author will be warned that should their behaviour be repeated, we will terminate their subscription, and the user will not be entitled to any form of refund or compensation.

Copyright

When referred to in this contract  the Company refers to Clearexam/Clearwater labs Pvt Ltd and the user means the customer who has enrolled with us by subscribing to our services.

  1. By accessing the Clearexam website the user is deemed to consent to all terms and conditions set out below. If you have any questions regarding the terms and conditions, you should contact the Clearexam.ie.
  2.  The Company reserves the right at all times to vary, change, alter, amend, add to or remove any of these items. By accessing the website you accept that you are bound by the current terms and conditions and notices and we therefore recommend that you check these each time you use the website.
  3. All copyright and other intellectual property rights in any material contained in this website is either owned by the company or has been licenced to the company by the rights owners. The website contains trademarks, including the Company's name. Use of these trademarks is forbidden unless prior written permission has been obtained from the owner of the trademark.
  4. The user may access any part of the site (but not send/copy on to any server or other device connected to a network) for personal non-commercial use only. The Company shall retain the copyright in such material or where the material has been licenced to the Company, by the rights owners of the material.
  5.  Links to the Company website are not permitted except with prior written permission. Links to the Company website from within a frameset definition are not permitted except with prior permission.
  6.  You may not remove any copyright, trademark or intellectual property notices contained in the original material from any material copied from the website.
  7.  Copying, distributing or any use of the materials contained on the web site for any commercial purpose is prohibited.
  8.  You may not create a database by systematically downloading substantial parts of the website.

Disclaimer

The content of the website is for educational purposes only and does not constitute any form of advice or recommendation upon which a specific decision should be made. The Company has done its best to ensure the accuracy and currency of the materials contained on its website but excludes any warranty express or implied as to quality, accuracy, timeliness, completeness or fitness for a particular purpose of the material contained this website. The University will not be liable for any claims, penalties, loss, damages or expenses arising from the use or the inability to use the website or from any unauthorised access or alteration to the website [by a third party]. This clause shall not exclude liability for death or personal injury directly caused by the negligence of the Company.

The Company accepts no responsibility for loss or damage that may arise from reliance on information or advice contained on its website.

The Company website includes links to external websites. These links are provided to help you find additional information quickly and easily. The Company accepts no responsibility for the content of these websites and specifically excludes to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing damage, costs, injury or financial loss of any kind.

Whilst the Company website may from time to time contain advertising material, the University does not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertisements. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with all relevant laws.

Any rights not expressly granted herein are reserved to the Company.

The Company reserves the rights at any time to suspend or terminate your access to or use of the website.

  • These Terms & Conditions of use shall be construed and interpreted in accordance with Irish law. The courts of Ireland shall [subject as set out in clauses] have exclusive jurisdictions in relation to any claim, dispute or other matters arising therefrom.
  • For the exclusive benefit of the Company, it shall retain the right to bring proceedings in the Courts of the country of residence of any user of the website.
  • We may intercept and monitor all communications with the Company.
  • If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions which shall continue to have full force and effect.
  • The failure by the Company to exercise any right or remedy under these terms and conditions shall not constitute a waiver of that right or remedy.
  • The Company does not accept liability for any errors or omissions.
  •  Links from this website to other sites are for information only. The company accepts no responsibility or liability arising from access to, or for the material on, any site to which it is linked.
  •  Reproduction, redistribution and transmission of any information, data or other material contained in this website is strictly prohibited without the written authorisation of the Clearwaters Labs Pvt Ltd.
  • Access to this website is confirmation that you have understood and accepted these terms.
  • In no event will Clearexam.ie be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.
  • On 25 May 2011 the European Directive 2009/136/EC, regarding ePrivacy and the use of cookies on websites, entered into force. However, this site does not use cookies.


Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Clearexam.ie is not and cannot be a party to or control in any manner any transaction between the Website's Users.

You release and indemnify Clearexam.ie and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Clearexam.ie cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Charges

Clearexam.ie reserves the right to change its Fee Policy from time to time. In particular, Clearexam.ie may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Clearexam.ie reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Euro. You shall be solely responsible for compliance of all applicable laws including those in Ireland for making payments to Clearwater Labs Ltd.
Disclaimer: Pricing on any product(s) as is reflected on the Website Clearexam.ie may be modified as per company policy. User section access once provided to paid customer could not be half/fully revoked hence cannot be refunded in any situation for services already incorporated.

Use of the Website

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

 

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

              (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully  harassing including but not limited to "indecent representation of women" .

          (c) is misleading in any way;

          (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

          (e) harasses or advocates harassment of another person;

          (f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

          (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

          (h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights  of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

          (i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below  for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect  devices, or providing pirated music or links to pirated music files;

          (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

          (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

          (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating  someone's privacy, or providing or creating computer viruses;

          (m) contains video, photographs, or images of another person (with a minor or an adult).

          (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

          (o) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could  be construed as being illegal;

          (p) interferes with another USER's use and enjoyment of the Website or any other individual's User and  enjoyment of similar services;

          (q) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the  Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

          (r) harm minors in any way;

          (s) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

          (t) violates any law for the time being in force;

          (u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

          (v) impersonate another person;

          (w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere   with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

          (x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation  of any offence or is insulting any other nation.

          (y) shall not be false, inaccurate or misleading