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Welcome to Exam.net (“the Service”, “the Services”, “the Platform”, “the Website”),
provided to you (“the user”, “you”) by one of the following:
jointly “Exam.net”, “we”, “us”.
The Platform is a cloud-based service which assists teachers in carrying out on-line exams with their students. The access and subscription is administered by the relevant educational institution attended by the students.
The Services are not intended for use by users under the age of 18, provided however, that students may use the Services for educational purposes at the invitation and direction of their school or teacher. We do not knowingly collect information from users under the age of 18, other than students using the Services at the invitation of their school.
In some cases, we may need to verify the provided user information, in order to make sure that you are an eligible user. You accept that we share certain personal information of yours, such as name and email address, with your school representatives (for example head teacher, school administrator or similar) for that purpose.
As a user, you are entitled to close or remove your account from the Platform at any time, provided that such removal will not delete data, content and materials owned by the educational institution.
The Services are primarily aimed at teachers as users, but users could also be employed in other teaching roles or administrative functions. Students do not have accounts, and only use the Platform at the invitation and direction of their school or teacher.
Using the Services
After having registered your account, you are able to create and upload tests, quizzes, exams and similar material (in this document referred to as “exams”) on the Platform. Exams that are uploaded to the Platform are considered User material, please refer to the section section INTELLECTUAL PROPERTY RIGHTS AND USER MATERIAL for terms and conditions on User material.
For each exam, you may enable and disable a range of tools in the exam settings, and you select what personal information the students have to enter before starting the exam. When you are finished editing the exam and its settings, you may let students access the exam and see the questions and/or the writing area in the Platform by distributing a so-called “exam key”. The students go to exam.net, enter the exam key along with their personal information as selected by you, and then gain access to the specific exam.
During the exam, you can monitor the progress of the students’ work on the Platform.
When the exam is finished, the students’ answers may be viewed by you. Students’ answers may also be printed and/or downloaded to a chosen space or folder of your choice and control, for sake of clarity, outside of the Platform.
Student personal information notice
Exam.net has no other purpose to collect and process student personal information apart from ensuring that the teacher can connect submitted answers to the right student and to prevent cheating. Exam.net does not use student personal information or contact details for its own use.
The responsibility for ensuring that applicable parties have provided consent, if applicable, to Exam.net’s collection and processing of student information lies solely on the educational institution and its principal organizer. Exam.net shall not be responsible for obtaining such consent and shall not be held liable in the event the educational institution has failed to obtain a valid consent from the students and/or their legal representatives.
You accept and guarantee that you will not publish, transfer, distribute or upload any material to the Services that:
Furthermore, you accept and guarantee that you will not, and will not allow any third party to:
YOUR USE OF THE WEBSITE AND THE PLATFORM, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND THE PLATFORM IS AT YOUR OWN RISK. THE WEBSITE AND THE PLATFORM, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EXAM.NET NOR ANY PERSON ASSOCIATED WITH EXAM.NET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER EXAM.NET NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE AND THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXAM.NET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Services is a cloud service where the user (the teacher) creates an individual account. The Services is hosted by a well-known company, with data storage in the Netherlands.
The accessibility and functionality of the Services are dependent on several technical aspects which are out of Exam.net’s control including, but not limited to, internet access and server capacity. Exam.net takes no responsibility for the functionality of these technical aspects. You hereby accept that situations could arise where the Services may not be accessible for you, such as, but not limited to, various types of technical maintenance and other circumstances out of Exam.net’s control, for which Exam.net shall not be held responsible. Furthermore, we do not take responsibility for any fees connected with establishing and maintaining access to the Services, such as operators’, internet access or roaming fees.
We may terminate your right to use the Service at any time in the event of a material breach of one or more of the provisions contained herein, including but not limited to, perceived or actual infringement of any of our and/or our licensors’ copyright or other intellectual property rights.
You agree to respect intellectual property, such as, but not limited to, copyright, brands, trademarks and company names (registered or not) included or displayed on the Website or that you have gained access to in connection to the Services. The above is also applicable for data compilations and material on the Website that are to be regarded as a database.
You understand and accept that content published on the Website may belong to third parties, and that we are not in control of such content. Therefore, you understand and accept that we do not control, assume no liability for, and will not be held responsible for contents provided by third parties, displayed or made accessible on the Website.
You may upload text, written comments, data, images, exercises, quizzes, tests, exams and other information (“User material”) to the Website. Please note that uploading or in any other way entering sensitive data, special category data or confidential material to the Website/the Services is not allowed. This also applies to any text fields that the Platform may contain. Such information could be – but is not limited to – course grades, remarks or notes on social or medical status or progress for an individual, as well as scanned confidential tests and exams.
You guarantee that you hold all the applicable rights to show, upload and use the User material and you grant us the right to publish and use the User material as described. In case any User material infringes on the intellectual rights of any third party, you consent to immediately remove all infringing parts of the User material and you assume full liability for any claims arising out of such infringement. Exam.net is not to be held liable for any damage, costs or expenses caused by such an infringement.
If we become aware of or have reason to believe that your User material infringes on the intellectual properties of a third party, we have the right, but not the obligation, to remove all such material from the Website and we may deny further access to your User account, temporarily or permanently.
We reserve the right to:
(a) remove any User material for any or no reason in our sole discretion;
(b) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform and the Services.
(e) without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and the Platform. YOU WAIVE AND HOLD HARMLESS EXAM.NET AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EXAM.NET/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXAM.NET BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, BUSINESS, PROFITS, COMPUTER HARDWARE OR SOFTWARE. IN NO EVENT SHALL EXAM.NET’S LIABILITY EXCEED $150.
You must make any claims for damages no later than three (3) months after you discovered or should have discovered the basis for the claim, otherwise your right to make such a claim shall be forfeit.
We may, in our sole discretion and at any time, amend the Service provided that the functionality of the Service is not materially decreased. If we intend to change the Service by materially decreasing or removing functionality then we will inform you of upcoming changes on exam.net or via the email address provided by you prior to such change becoming effective.
You have the right to, at any time and without previous notification, terminate your user account. Termination or de-registration is done by sending an email with your request.
All feedback, comments, requests for technical support and other communications regarding the Website and the Service should be sent to:
Thank you for visiting and using our Platform and Services.
Last Updated: September 30, 2021