Dated 29th August 2018
THE WOOHOO COMPANY operates the https://exam-booster.com website, which provides the SERVICE.
Thank you for using Exam Booster from The WooHoo Company AS. These Terms and Conditions ("Terms") are applicable to our websites (including www.exam-booster.com and www.thewoohoocompany.com and software applications ('apps'), all owned and operated by The WooHoo Company AS and from or in connection with which you are accessing this document. We refer to such websites and apps in this agreement as The WooHooCo Service" or "Service". By using the Services or accessing any content or material that is made available by The WooHooCo or its users through the Service you understand and agree to accept and adhere to the following terms and conditions as stated herein.
Please read the Agreements carefully as they contain important information about The WooHooCo Services provided to you and any fees and charges applicable to the Services. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the The WooHooCo Service or consume any Resources.
You promise that your registration information, payment details (if you have signed up for a Paid Subscription, conf. section 4) and any other information that you submit to us are true, accurate, and complete, and you agree to keep it that way at all times. If you have provided incorrect or inaccurate information, you should return to the log-in screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the agreements.
By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, (b) our Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines ("Acceptable Use"). The current Acceptable Use Policy is available here: https://woohooco.com/terms-and-conditions/#acceptable-use. We reserve the right to change the Acceptable Use Policy at any time without notice.
You understand and agree that in the event of a violation of the Acceptable Use we may immediate terminate or suspend your WooHooCo account.
We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. In the event of material changes to the Terms, we will notify you at least 30 days before these new Terms apply to you, by issuing notice accessible through your use of the Services or by email to your registered email account. Please therefore make sure you read any such notice carefully. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the Agreements by contacting us.
The WooHooCo Services are available as a paid service in accordance with the following and you agree to abide by the terms applicable to the Service program that you have signed up for:
The WooHooCo provides a learning platform, which brings efficient math exam boosting for grade 6,7 and 8. These services require payment before you can access them. The payment is a onetime fee for one grade for one year (12 month).
The WooHooCo Service and the Resources are the property of The WooHoo Company's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Service for non-commercial, educational use of the Service (the "License"). This License shall remain in effect for 12 month or until and unless terminated by you or The WooHoo Company. You promise and agree that you are using the Services and the Resources for non-commercial, educational purposes and that you will not broadcast the Services or the Resources. For the avoidance of doubt, you may not charge any fees or require any payment as part of your use of the Service or the Resources. The WooHooCo software applications and the Resources are licensed, not sold, to you, and WooHooCo and its licensors retain ownership of all copies of the WooHooCo software applications and Resources even if you have downloaded such Resources to your personal computers, mobile handsets, tablets, and/or other relevant devices.
All WooHooCo trademarks, service marks, trade names, logos, domain names, and any other features of the WooHooCo brands are the sole property of The WooHooCo or its licensors. The Agreements do not grant you any rights to use any WooHooCo Brand for any purpose, whether for commercial or non-commercial use.
The WooHooCo Service is integrated with third party applications, websites, and services ("Third Party Applications") to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that The WooHooCo does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available in the Service infringes your copyright, you (or your agent) may send to The WooHooCo a written notice by mail or e-mail, requesting that The WooHooCo removes such material or blocks access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to The WooHooCo a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Svein Fagereng as follows: By mail to Svein Fagereng, The WooHooCompany AS, Ramdalveien 2B, 3128 Nøtterøy, Norway ; or by e-mail to email@example.com Svein Fagereng's phone number is +47 92699300. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. Please note that The WooHooCo may, in appropriate circumstances, terminate or suspend users and accountholders who are repeat infringers.
Notwithstanding the foregoing, The WooHooCo may in its sole discretion take such actions as it deems fit in order to protect the intellectual property rights of any intellectual property owner.
Although The WooHooCo will endeavor to provide the Service in the best possible way without interruptions, you understand and agree that the Service is provided "as is" and " as available", without any express or implied warranty, condition or assurance of any kind. This means that we do not represent or warrant to you that:
You are using the WooHooCo Service and the Resources at your own risk and for your own account. Any Resources downloaded or otherwise obtained through the use of the WooHooCo Service is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such Resources. The WooHooCo and all owners of the Resources make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither The WooHooCo, its licensors, partners nor any owner of Resources warrants that the WooHooCo Service is free of malware or other harmful components. In addition, The WooHooCo makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the resources thereof), or any other product or service offered by a third party on or through the WooHooCo Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that The WooHooCo is not responsible or liable for any communication between users or any transaction between you and third party through the WooHooCo Service. No information or advice, whether expressed, implied, oral or written, obtained by you from The WooHooCo AS or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms. This section shall apply to the greatest possible extent permitted under applicable law.
YOU HEREBY AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WOOHOOCO SERVICE IS TO UNINSTALL ANY WOOHOOCO SOFTWARE AND TO STOP USING THE WOOHOOCO SERVICE. WHILE THE WOOHOOCO ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE RESOURCES THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO THE WOOHOOCO, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE RESOURCES THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE WOOHOOCO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE WOOHOOCO SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE WOOHOOCO HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WOOHOOCO SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO WOOHOO COMPANY FOR THE PRECEDING TWELVE MONTHS PRIOR TO THE RELEVANT LIABILITY AROSE, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits The WooHooCo's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
You agree to indemnify and hold harmless The WooHooCo and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.
10.2. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and The WooHooCo, the Agreements constitute all the terms and conditions agreed upon between you and The WooHooCo and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
10.3. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by The WooHooCo or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive The WooHooCo's or the applicable third party beneficiary's right to do so.
The WooHooCo may assign the Agreements or any part of them, and The WooHooCo may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold The WooHooCo harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the WooHooCo Service; and (3) your violation of any law or the rights of a third party.
he Services are controlled by The WooHooCompany AS from our offices located in Nøtterøy (close to Oslo), Norway. They can be accessed by most countries around the world. As each country has laws that may differ from those of Norway, by accessing our Services, you agree that the statutes and laws of Norway, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.
Furthermore, any action to enforce this User Agreement shall be brought in the courts located in Oslo (Oslo tingrett), Norway. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use the Services and these Resources only for the purposes intended as permitted by (a) the Terms, (b) this Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines ("Acceptable Use"). Wherein, you understand that:
a. In order to access our Services and Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services and Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services and Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Services and Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services and Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Services and Resources, including the servers and/or networks to which our Services and Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our Services, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iiii. Impersonates any person or entity, including any WooHooCo employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with the Agreements, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. You agree to indemnify and hold harmless The WooHooCo and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Acceptable Use Policy or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Acceptable Use Policy. In such event, you shall provide us with such cooperation as is reasonably requested by us.