Terms and Conditions

By accessing any of the Intelligent Assessment Technologies Ltd services including this website ("IAT") you are accepting and will be bound by the terms and conditions set out below without modification and to the guidelines contained within each site. Please read them carefully before subscribing to Internet application services provided by IAT using this website.

'We' or 'us' means Intelligent Assessment Technologies Ltd of The Atrium Business Centre, North Caldeen Road, Coatbridge, Lanarkshire.

'You' or 'your' means any person accessing IAT and the organisation for which they work.

'Marking' means the computerised marking of text answers to pre-defined questions delivered in English via the World Wide Web ("WWW"), marked by Intelligent Assessment Technologies marking software as per a pre-defined computerised mark scheme, the result of which is an integer value indicating the marks which we calculate should be allocated as per the mark scheme, the said value returned via the WWW or other electronic means.

'Optimisation' means the optimisation of the computerised mark scheme by the manual marking of end users answers (which shall be stored in our database) by a human marker with the resultant marks awarded modifying the text marking engine.

'Monitoring' means the comparative measurement of marks awarded by the text marking engine with the marks awarded by a human marker, with a view to determining which questions may require optimisation.

1. Provision of Service

1.1 We agree to provide you with access to Internet application services provided by IAT (the "Service") and for you to be able to use the various materials and information provided through IAT in accordance with these Terms and Conditions. We may use "cookies" when we provide our services.

A cookie is a small piece of information sent by a web server to a web browser which allows the server to collect information from the browser. The use of cookie is an industry standard and most major websites use them to provide useful features for their customers. Our cookies do not contain any personally identifying information, but do allow us to provide individual reporting of progress for each user of our service.

1.2 We do not guarantee that the service or the Website will operate according to any specification or design and that any operation will be uninterrupted or error free. It is technically impracticable to provide a fault free service and we do not undertake to do so. However, we will repair any reported faults as soon as we reasonably can. It is your responsibility to ensure that any equipment connected to or used with our service is connected and used in accordance with any instructions, safety or security procedures applicable to the use of that equipment. You must ensure that any equipment which is attached (directly or indirectly) to the service is technically compatible therewith and is approved for that purpose under any relevant legislation.

1.3 We agree to provide you with reasonable support by telephone or email during normal working hours for the purpose of assisting you to maintain your access to IAT.

1.4 With the exception of any software provided by IAT to enable you to access or use the IAT services, you are responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use our service, including the creation, maintenance and design of any website established by or on behalf of you.

1.5 If you access our services via a Local Area Network ("LAN"), you are responsible for:-

(a) providing and maintaining a suitable LAN and Internet Protocol ("IP") router capable of interfacing satisfactorily with our service;

(b) configuration of the IP router.

For the avoidance of doubt, we are not responsible for providing any support whether technical or otherwise to your LAN.

1.6 We shall use its reasonable endeavours to provide a mark for each answer within one second. However, we cannot guarantee this timescale. We will incur no liability for any consequence arising from failure to mark the answers to any questions.

1.7 Where monitoring and subsequent optimisation is required by you, it shall be only be carried out for an agreed fee and within an agreed timescale. No further monitoring or optimisation shall be allowed to take place, unless specifically agreed with us, and that at a further charge.

2. Fees
We shall charge you an set-up fee per question and we shall also charge you fees for marking answers on a usage per month basis as per our Charges List displayed on our website. Where fees are payable we will notify you in advance of each subscription period of the fees payable for that period. Subscription to the service shall be for a minimum period of three months. You agree to pay those fees in advance by such method as we reasonably determine. We are not obliged to provide the service until we have received the fees.
Where you exceed your monthly limit of usage, you may, at our discretion, be liable for the next payment increment on our Charges List.

For the avoidance of doubt, where a question is in several parts requiring separate answers, each separate answer shall be deemed to be one answer for charging purposes.

3. Copyright and Trade Marks
All intellectual property rights, including copyright, patents and design rights in the content of IAT, are and remain the property of IAT or its licensors. You accept that:

a) if you are a registered user, you have merely been granted a non-exclusive licence to use such rights in accordance with this agreement.

b) if you are not, or have ceased to be registered user then you are not permitted to access or the service and any access, use, copying or downloading of the service constitutes an infringement of those Intellectual Property Rights in respect of which all rights are reserved.
The trade marks and logos used in IAT are the registered and unregistered trade marks of us or our partners and may not be used in any way without our prior written consent.

4. Prohibition of Copying, Downloading and Printing
No part of the content of IAT may be reproduced or transmitted to or stored in any web site nor may any part by printed, nor may any of its pages or parts thereof be disseminated in any electronic or non electronic form nor be included in any public or private electronic retrieval system or service without prior written permission from us or the copyright owner. Copying or reproducing software to any other server or location is expressly prohibited.

You are not permitted to copy, broadcast, download, print, store (in any medium), transmit, show or play for the purpose of public use or for the purpose of commercial exploitation any part of IAT's content. You may not adapt or change in any way the content of IAT for any other purpose whatsoever without our prior written consent.

5. Registration and Access
If the IAT service requires you to register with us you will be allocated an individual Unique Number unless you enter into an alternative arrangement with us. We may alter these Unique Numbers upon giving reasonable notice to you. Your Unique Number is non-transferable and you are not permitted to disclose or share your Unique Number with anyone else.

We do not permit any other person to share your Unique Number. We do not permit any part of IAT to be cached in proxy servers and accessed by individuals who have not registered with IAT as users of IAT. We do not permit Unique Numbers being made available to multiple users on a network. If you do disclose or share your unique number with another person or allow another person to use IAT on your behalf, you agree to indemnify us for any losses or damages incurred by us as a result of your actions. If we reasonably believe that a Unique Number is being used in any way which is not permitted by us we reserve the right to cancel access rights immediately without notice, and to block access to all users from that address.
In extreme circumstances, access to the services may be disrupted. Our liability under such circumstances shall be limited to extending access to the services to recompense the period of downtime.

6. Disclaimer
We may provide access via hypertext links to resources in other sites but in so doing we are not endorsing any linked entities nor authorising any act which may be in breach of copyright or any other third party rights which are protected in law or by international treaties world-wide. We do not accept any responsibility or liability for any of the material contained on any third party site.

The contents of IAT are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. No warranty is given as to the accuracy of marking levels provided - they should be used as a general guide only. We do not warrant that the marking services provided will meet your requirements, nor do we warrant that the results that may be obtained from the use of the services will be accurate or reliable. We use reasonable care to make sure that the information is accurate. Any optimisation of the marking performance accuracy for any given question(s), shall be within the limitations and constraints of the marking software. However, errors and omissions do occur. Because we do not have control over the use of the information we exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of IAT or any of its contents. We will not be liable for any damages (including without limitation damages for loss of profit, revenue or anticipated savings) arising in contract, delict or otherwise from the use of or inability to use IAT or any of its contents or from any action taken (or refrained from being taken) as a result of using IAT or any such contents. We make no warranty that the contents of IAT are free from infection by viruses or anything else which has contaminating or destructive properties.

We shall use all reasonable endeavours to comply with the protocols, directions and instructions set out in our specification, as amended by us from time to time, on our website. We shall not be liable for any failure on our part to comply with such protocols, directions and instructions.

For the avoidance of doubt, we shall not be liable, nor shall we be required to remedy the situation where the limitations and constraints of the marking software result in marking which is inaccurate.
We shall not be liable for any loss or costs caused by any defamatory material nor for any loss resulting from any infection of your equipment by a computer virus.

Your sole remedy against us is to discontinue to use the Internet application services provided by IAT, which you may do at any time.

7. Changes to Access or Content of the IAT Site
We may alter without notice the arrangements for access to IAT or change the content, presentation and/or facilities of IAT. Occasionally we may for operational reasons change the technical specification of the service.

8. Changes to this Agreement
We may add to or change these terms and conditions. It is your responsibility as a user to refer to these terms and conditions on accessing IAT. Changes will be effective immediately after posting or publishing to IAT and you will be deemed to have accepted any change if you continue to access IAT after that time.

9. Material Submitted by Users
Certain elements of IAT may contain material submitted by users. We do not accept any responsibility for the content or accuracy of such material. Where the material is based on or contains extracts owned by third parties, we do not make any representation or warranty that the material is provided without infringing the rights of the third party. You agree that you will not upload files that contain software or other materials protected by intellectual property laws unless you own or control all of the rights thereto or have received all necessary consents.

Any material or information transmitted to or posted to IAT by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services. This includes the right to exploit any proprietary rights in such information and material including rights under copyright, trademark, service mark or patent laws. This right of exploitation applies, and these terms generally apply, to all material and information that has already been provided in addition to that transmitted or posted in the future.

You must not post or transmit to or from IAT any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability. You must not upload files that contain viruses, corrupted files or any other programs that may damage the operation of another's computer or conduct or forward surveys, contests, pyramid schemes or chain letters or falsify any author attributions or other proprietary designations or do anything that might restrict or prohibit other users from using IAT.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law or legal process or government request or to edit, refuse to post or to remove any information or materials at our discretion

10. Privacy Policy
We are committed to protecting your privacy. We use the information we collect about you to process your subscription and to provide a personalised service. We will keep in confidence any information about you which is of a confidential nature and we will not disclose this information to any person or company outside the organisation without your written consent.

11. Force Majeure
We shall have no liability to you for any interruption or delay in access to IAT irrespective of the cause.

12. Law
This Agreement shall be governed by the laws of Scotland and the parties shall submit to the jurisdiction of the Scottish Courts.

13. Third Party Rights
You expressly agree to waive any rights that you may have under any legislation to bring a claim in respect of any other agreement entered into between IAT and any other party.

14. Termination
We may terminate this Agreement if you are in default or if you terminate this Agreement on notice and in such cases we are not obliged to refund you any fees. If we terminate this Agreement for any other reason we will refund you that part of any fee which relates to the unexpired period of this Agreement.

15. Data Protection
The information that you provide about yourself to IAT will be used by IAT for the effective administration of its services and to communicate with you generally. Your details will not be disclosed outside of IAT. If, during or incidental to your use or the Website you hold, store, process or otherwise use information relating to any individual you are responsible for obtaining the consent of that individual to all such use or otherwise complying with relevant Data Protection law. You will indemnify us against any loss we may incur as a result of your breach of this condition.