GENERAL TERMS AND CONDITIONS OF WWW.EFAQT.COM
1. General
1.1 For purposes of these General Terms and Conditions (the “T&Cs”) and elsewhere on the website, "eFaqt" means eFaqt BV, a private limited liability company, having its registered seat and headquarters in Groningen, the Netherlands.
1.2 eFaqt’s head office is located at Zuiderpark 1 (9724AD) Groningen; email address: info@efaqt.com. eFaqt B.V. is listed in the Trade Register of Groningen, the Netherlands; Chamber of Commerce number 0115332, VAT number NL818962070F01.
1.3 These T&Cs will apply to any and all agreements and legal relations to which eFaqt acts as supplier of Services to you, the end-user (“User”).
2. Services
2.1 eFaqt provides services (“Services”) to User. The Services consist of the making available of the e-studying tool as it is published by eFaqt via the web at www.efaqt.com or a special portal (the “Website”).
2.2 eFaqt provides the Services as is. eFaqt may change the Services from time to time at its sole discretion.
2.3 eFaqt provides User with Services that can be used as a tool in addition to User’s regular study methods. The Services do not replace any studying or learning material prescribed under any educational program. The results of studying with eFaqt depend on the personal capacities of User together with the quality of content provided by User or other Users. eFaqt does not make any representation as to the effectiveness or the results that can be obtained by using the Services.
2.4 eFaqt provides Users two different versions of the Services:
(i) a free service under the name “eFaqt Basic” and
(ii) a premium paid service under the name “eFaqt Pro”.
3. Charges and Payment
3.1 Any charge for the Services does not include the cost for the use of an internet connection to access the Services, charged by the User’s internet provider.
3.2 eFaqt Basic: Use by the User of the eFaqt Basic service is free of charge.
3.3 eFaqt Pro:
(i) Users shall be entitled to use the eFaqt Pro service free (this used to be called 'eFaqt Speed Graduate') of charge for a period of thirty (30) calendar starting on the day of registration for the Service. After that 30-calendar day period the User will no longer have access to Pro, until additional days are purchased via the Website.
(ii) In certain circumstances eFaqt may make the Pro service available to User free of charge. In such a case, User will not be a third party beneficiary to such an agreement and will not have an enforceable right to claim continued access to the Pro service free of charge when eFaqt discontinues this access, for whatever reason.
4. User Generated Content
4.1 Without prejudice to section 9, the information on the Website is generated by Users (“User Generated Content”).
4.2 eFaqt is entitled to moderate, redact, remove or review User Generated Content, but undertakes no commitment to actively do so.
4.3 User Generated Content expresses the views, interpretation and perception of the author of the User Generated Content and of the underlying learning material and should, as such, not be attributed to eFaqt.
4.4 The use of and reliance on User Generated Content of the User is User’s sole responsibility.
4.5 User accepts that eFaqt, or educational institutions bear no responsibility for the accuracy or completeness of the User Generated Content. eFaqt shall not be liable for User Generated Content.
4.6 User shall at its own expense indemnify eFaqt from and against all claims, proceedings, costs (including legal costs), expenses and liabilities arising out of any allegation or claim that the User Generated Content submitted by User infringes any patent, copyright or other proprietary or protected right.
4.7 eFaqt may share the User Generated Content submitted by User with all other Users and third parties.
5. Intellectual Property Rights
5.1 User hereby transfers all present and future rights of intellectual property vested in works submitted to the Website to eFaqt, which transfer is hereby accepted by eFaqt. If necessary to bring about a transfer of intellectual property right, User hereby irrevocably agrees to cooperate with and perform any legal act necessary to establish such transfer.
5.2 Insofar as any intellectual property rights are incapable of being (completely) transferred from the User to the eFaqt, User hereby grants eFaqt the exclusive, irrevocable, royalty-free, worldwide, perpetual right, with the right to grant sublicenses, to use those intellectual property rights in the broadest sense, which right is hereby accepted by eFaqt.
5.3 Insofar as any personal or moral rights vest in User and insofar as permitted by law, User hereby waives all of her personal or moral rights.
6. Acceptable use
6.1 User shall refrain from entering information into the Website that is in conflict with any applicable law or eFaqt’s or third party’s rights.
6.2 User shall not submit content or engage in activity, which may be considered harmful and/or hurtful to others. Behavior in violation of this provision will be grounds for immediate termination of the User’s account.
7. Term and termination
7.1 The agreement between eFaqt and a User will remain in force indefinitely.
7.2 Parties may terminate the agreement at any time for any reason.
7.3 Termination will never result in a refund of payments made by the User, unless the User is entitled to a refund based on mandatory law.
8. Publisher Study Pack
8.1 eFaqt allows third parties to offer Users enhanced content regarding certain learning materials for additional charges (“Third Party Study Packs”).
8.2 Users may acquire a Third Party Study Pack for the price listed on the Website.
8.3 The general terms and conditions of third parties, if presented to User on the Website before or at the time of purchase, will apply to the purchase and use of Third Party Study Packs.
9. Personal Data
9.1 eFaqt will use your personal data in accordance with its Privacy Policy, which may be found at http://www.efaqt.com/en/page/privacy .
10. Amendments
10.1 eFaqt will be entitled to amend these T&C’s.
10.2 In case of an amendment, the User will be informed by email or via the website. The most recent version of the T&C’s will be published at the Website.
10.3 Amendment of the T&C’s by eFaqt will entitle User to terminate the agreement.
11. Applicable Law
11.1 Dutch law will apply to any and all legal relations between eFaqt and the User.
