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User Terms and Conditions

This is the User Agreement for iqcore.net and iqcore.co.uk ("User Agreement"). The services at http://www.iqcore.net and http://www.iqcore.co.uk ("IQcore", "we", "us" or "our") are provided by 3MRT Ltd ("3MRT"). We are registered in Scotland as a Company under company number SC231846 and we have our registered office at Caledonian Exchange, 19a Canning Street, Edinburgh, EH3 8HE. Our main trading address is located at The Clocktower, Bush House, Edinburgh Technopole, Edinburgh, EH26 0BB, United Kingdom.

This User Agreement describes the terms and conditions applicable to your use of the services available under the domain and sub-domains at http://www.iqcore.net and http://www.iqcore.co.uk (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.

You must read all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. By accessing any part of the Site, you shall be deemed to have accepted this legal notice and all other terms and conditions set out on the Site. If you do not accept this legal notice or the other terms and conditions set out on this Site, you may not use the Site and you must leave the Site immediately.

If you have any questions about this User Agreement, please refer first to our Frequently Asked Questions.

We may amend this User Agreement, and the other terms and conditions set out on the Site, at any time by updating this posting. You should check this User Agreement from time to time to take notice of any changes we make as they are legally binding on you. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of the amendment. Certain provisions of this legal notice and the terms and conditions set out on this Site may be superceded by expressly designated legal notices or terms located on particular pages on the Site. This User Agreement is effective on 1 March 2008 for new registered users.

1. Membership Eligibility

Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended IQcore members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a corporate entity, you represent that you have the authority to bind that entity to this User Agreement.

2. User ID

You must choose a user identification code and password on completion of registration as part of our security procedures. You are responsible for all actions taken under that user identification code and password whether by yourself or a third party. You shall not transfer or sell your user identification code and password to any third party and you shall notify us if you wish to suspend your user identification code and password.

We have the right to disable any user identification code and/or password at any time if in our opinion you have failed to comply with any of the provisions of this User Agreement.

3. Links

Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may link to site, provided you 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.

The Site must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Terms and Conditions.

If you wish to make any use of material on our site other than that set out above, please address your request to the site admin.

4. IQcore is Only a Venue

1. IQcore is not a seller.
Although 3MRT is a seller on IQcore, it is important to realise that IQcore as a separate entity is not a seller. Instead, the Site acts as a venue which allows registered users to offer, sell, and buy educational content, at any time, from anywhere, for a price that they set. We do not review content provided by users, and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, suitability or legality of the content listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you.

2. Identity verification.
We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, IQcore cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our various feedback systems will also help you to evaluate the user with whom you are dealing. We encourage you to communicate with potential trading partners using the tools available on the Site.

3. Feedback.
You must not take any actions that may undermine the integrity of the feedback systems. We may limit the number of listings you may place on the Site and your other activities on the Site based upon the level of your feedback. Feedback ratings are not designed for any purpose other than for facilitating trading between IQcore users, and you agree that you shall not market or export your IQcore feedback rating in any venue other than an IQcore website.

4. Liability.
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release IQcore (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

5. Information Control.
We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that IQcore is not responsible for the acts or omissions of users on the Site.

5. Buying

1. By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. Purchases are only reversible in exceptional circumstances. As a buyer, you must ensure that you are legally able to purchase and own any item that you purchase.

2. You must not ask a seller to supply you with items listed on the Site other than through the payment and download mechanisms provided on the Site.

6. Selling

1. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to residents of your country or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be accurately listed in the appropriate categories with regard to software, content type, curriculum, subject and any other categories you choose.

2. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

3. You must not supply items listed on the Site to another user other than through the payment and download mechanisms provided on the Site. You must report requests to do this from other users to 3MRT.

7. Fees

Joining IQcore and listing items is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. We charge a commission when an item is sold through our Site and we charge a handling fee when you fund your account by some methods. Our fees are described in our Fees Policy which forms part of this User Agreement. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify). However, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events and such changes are effective when we announce the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our services and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.

8. Your Information

1. Definition
"Your Information" is defined as any information you provide to us or other users in relation to IQcore including the registration, listing or feedback processes (including, without limitation, any description of items listed), your messages to us and other users and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

2. Restrictions
Your Information and your activities on our Site (including all content you upload to the Site) must comply with the terms and conditions of the Content Terms and Conditions.

You must not list any item on the Site (or complete any transaction initiated using the Site) that, by paying to us our fee, could cause us to violate any applicable law.

3. Licence
To enable us to use Your Information to provide our services, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable licence to use the copyright, trade mark(s) (whether registered or unregistered) and database rights you have in Your Information (including the content you upload to the Site), in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

4. Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to IQcore by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior express written permission of IQcore and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.

5. Your Use of Other Users' Information
In order to facilitate interaction among all IQcore community members, our service allows you limited access to other users' contact information.

By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an IQcore-related communication or IQcore facilitated transaction, you may only use such information for: (a) IQcore-related communications that are not unsolicited commercial messages and relate to your genuine participation in an IQcore-facilitated transaction, (b) using services offered through IQcore, and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.

IQcore and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an IQcore employee or an IQcore user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other IQcore users, please send a message to the administrator via the web form.

6. Use of Email Tools
You may not use the Tell a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate the User Agreement and/or the Content Agreement. We do not permanently store the email messages or the email addresses.

9. Service Access

While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us.

10. Breach

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

11. Processing of Personal Data

We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

12. No Warranty

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. The Site and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

13. Limitation of Liability

Nothing in this User Agreement or the documents incorporated by reference shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including by way of negligence) arising out of or in connection with this User Agreement or the documents incorporated by reference.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other services offered giving rise to liability, or (b) £100.

14. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

15. Notices

Unless otherwise explicitly stated, notices to IQcore must be sent by registered mail to 3MRT Ltd, The Clocktower, Bush House, Edinburgh Technopole, Edinburgh, EH26 0BB, United Kindom and notices to you will be sent to the email address that you provide to IQcore during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

16. Governing Law and Legal Compliance

This User Agreement shall be governed by and construed in accordance with Scottish law and subject to the exclusive jurisdiction of the Scottish courts.

Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).

The laws of your country may be different from Scottish law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

17. Dispute Resolution

Disputes between you and IQcore regarding our services may be reported to the administrator. We encourage you to report all disputes between users to your local law enforcement body.

18. Third Party Rights

Save to the extent expressly set out in this User Agreement, this User Agreement is not intended nor shall it create any rights, entitlement, claims or benefits enforceable by any person that is not a party to it.

19. Copyright

The content of the Site (including, but not limited to all text and artwork but excluding content uploaded by you) is protected by copyright. The copyright is owned by 3MRT or is otherwise licensed from a third party for use by 3MRT.

You may view or download any part of the Site for private purposes, but you are not permitted, without our permission, to:
� store the Site, or any part of the Site, for any other purpose;
� print copies of the Site, or any part of the Site, for any other purpose;
� reproduce, copy or transmit the Site, or any part of the Site, in any way, for any other purpose or in any other medium.

All other rights which are not specifically granted are reserved.

20. General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by IQcore, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and IQcore are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

If you have any questions, please contact the administrator.