Terms of use

Last updated on November 2, 2021

Introduction

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and PassDojo. (“we,” “us” or “our”), concerning your access to and use of “PassDojo・

Please read this Agreement carefully before you start using the website.

It is important that you read and understand this Agreement as by using the website you indicate that you have read, understood, agreed and accepted the Agreement, which takes effect on the date on which you start using the website.

If you do not accept this Agreement, or do not agree with at least one of its provisions, you may not access or start using the website, or in case you have already done anything of the above, you must delete your account.

Definitions

  • Trial Users: Those who explore the website without purchasing a practice test.
  • Paying Members: Users who have purchased a practice test or multiple of practice tests.
  • Users: refers to Trial Users or Paying Members.

Payments

By purchasing a practice test from Pass Dojo, you agree to pay the listed fee in GBP (£) and authorize us to charge your debit or credit card via Stripe, our payment provider. We do not offer subscription services; each purchase grants lifetime access to the specific practice test.

You must use a valid and authorized payment method. If your payment fails but you still receive access to the content, you agree to settle the payment within 30 days of notification. Pass Dojo reserves the right to revoke access to any content for which payment has not been successfully processed.

Refunds

If you are not satisfied with your purchase, you may request a refund within 14 days from the date of purchase. Refunds will be issued to your original payment method. Requests made after the 14-day period are not eligible for a refund.

Pass Dojo reserves the right to deny refunds if we believe the refund policy is being misused, such as if significant portions of the content have already been accessed. If your account is banned due to a violation of our terms, you will not be eligible for a refund.

All refunds are processed through Stripe and may take several business days to appear in your account. If you have any questions regarding our refund policy, please contact our support team.

Sharing

Users can share your test results or certificate via social media or other channels.

Account Deletion

To delete your account, login to https://passdojo.com, click on your profile and select Account Settings. At the bottom of the page click DELETE ACCOUNT. Confirm your password to permanently delete your account. Once your account is deleted, all of its resources and data will be permanently deleted. Before deleting your account, please download any data or information that you wish to retain.

Prohibited Content Clause

You shall not transfer, lend, rent, lease, distribute your credentials or account details for this website, or use it for providing services to a third party, or grant any rights to the website or any documentation concerning the website to a third party.

Misuse of any trademarks or any other content displayed on the website is prohibited.

You shall not copy, duplicate, distribute, publish, or use any content of the website, directly or indirectly, in a way that constitutes a violation of our Intellectual Property Rights.

You shall not make any attempts to use the website or part thereof for malicious intentions.

We are not responsible for the way you use the website.

We are entitled to adopt, against any user who violates the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

Availability of the website, Security and Accuracy

We make no warranty that your access to the website will be uninterrupted, timely or error-free.

You acknowledge that the website requires Internet connection, therefore, the quality and availability of the website may be affected by factors beyond our control.

Please note that we may change or update the website without notifying you. We may suspend your access to the website, or close it indefinitely in case we have a valid reason for that.

You warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it up-to-date at all times.

The version of the website may be upgraded from time to time for the sake of adding new functions and services.

You can discontinue using our Services at any time by deleting your account as described above.

Termination

We reserve the right to terminate or suspend accounts for violations without prior notice.

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the website.

Disclaimer

Pass Dojo’s platform may experience downtime due to planned maintenance or unforeseen technical issues. Additionally, we cannot guarantee the absolute accuracy or reliability of the content provided, including potential misleading statements by third-party instructors. Security vulnerabilities may also arise. By using our platform, you acknowledge that you will not hold us liable for any such issues.

In legal terms, all Services and content are provided "as is" and "as available." Pass Dojo, along with our affiliates, suppliers, partners, and agents, makes no warranties regarding the suitability, reliability, availability, timeliness, security, or accuracy of the Services. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee specific results from the use of our Services, and your use of them is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some limitations may not apply to you.

We reserve the right to discontinue or modify features of our Services at any time. Pass Dojo and its affiliates, suppliers, partners, and agents will not be held liable for any damages resulting from such interruptions or lack of availability. We are not responsible for delays or service failures caused by events beyond our control, including but not limited to acts of war, natural disasters, electrical or internet outages, or government-imposed restrictions.

Limitation of Liability. Indemnification

Using Pass Dojo’s Services carries inherent risks, such as potential inaccuracies in test content or technical issues that may impact your learning experience. By using our platform, you acknowledge and accept these risks, agreeing that you will not seek compensation for any losses or damages incurred.

You also acknowledge and agree that your any use of the website or/and User Content is at your sole risk. You assume your full responsibility arising out of your use of the website and/or use, other exploitation, further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the website, any use, other exploitation, further sharing and distribution of User Content or out of your failure to comply with the terms of the present Agreement.

To the fullest extent permitted by law, Pass Dojo and its affiliates, suppliers, partners, and agents shall not be liable for any indirect, incidental, punitive, or consequential damages, including but not limited to loss of data, revenue, profits, or business opportunities, even if we have been advised of such possibilities in advance. Our total liability to you or any third party, in any circumstance, is limited to the greater of £100 GBP or the amount you have paid us in the 12 months preceding the event that gave rise to the claim. Some jurisdictions may not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.

If your actions result in legal consequences for Pass Dojo, we may take appropriate legal action against you. You agree to indemnify, defend (if requested by us), and hold harmless Pass Dojo, its affiliates, officers, directors, suppliers, partners, and agents from any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees) arising from: (a) content you submit or post; (b) your use of the Services; (c) your violation of these Terms; or (d) your infringement of any third-party rights. Your obligation to indemnify will survive the termination of these Terms and your use of the Services.

Governing Laws and Claims

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of England and Wales.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by and construed in accordance with the law of England and Wales , excluding and without giving effect to its choice of law provisions; and (ii) shall be exclusively decided by the courts of competent jurisdiction of England and Wales, to the exclusion of other courts and fora.

We make no representations that the website is appropriate or available for use outside of the United Kingdom. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

    If you choose to access or use the website from or in locations outside of the United Kingdom, you are responsible for:
  • a) ensuring that what you are doing in that country is legal; and
  • b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorisations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the website and the Services provided by the website or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

Legal Actions and Notices

No legal action, regardless of its form, arising from or related to this Agreement may be initiated by either party more than one year after the cause of action has occurred, except where such a limitation is not permitted by law.

Any notice or communication under this Agreement must be in writing and sent via registered or certified mail with return receipt requested, or by email. We will send communications to the email associated with your Pass Dojo account, and you may contact us at [email protected].

Relationship Between Us

You acknowledge that no joint venture, partnership, employment, contractor, or agency relationship exists between you and Pass Dojo.

No Assignment

You may not assign or transfer your rights under these Terms. For instance, if you purchase a practice test, access to it is solely for you and cannot be transferred to another individual. We reserve the right to assign these Terms or our rights and obligations under them to another entity without restriction. Your account is non-transferable, and all rights to it terminate upon your death.

Sanctions and Export Laws

By using Pass Dojo, you confirm that you are not located in, nor a resident of, any country subject to UK or international trade sanctions or embargoes (such as Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions). You also confirm that you are not listed on any government sanctions list.

If you become subject to such restrictions, you must notify us immediately. Pass Dojo reserves the right to terminate our obligations to you without liability if you are found to be in violation of these laws. You also agree not to export or share any Pass Dojo content in violation of applicable trade laws.

Content Recommendations

Our platform may suggest practice tests or related materials based on your browsing history, previous purchases, and interactions with our website. These recommendations are provided to enhance your learning experience.

Dispute Resolution

If a dispute arises, we encourage you to contact our Support Team first for resolution. Most issues can be resolved informally. If that fails, the dispute will be subject to the provisions outlined below.

Dispute Resolution Overview

Pass Dojo is committed to resolving disputes fairly. If you and Pass Dojo are unable to resolve a dispute informally, you agree to resolve it exclusively through small claims court or individual arbitration, rather than filing a lawsuit in another court. You also agree to waive your right to participate in any class action lawsuit against us.

This dispute resolution clause applies to all users, except where restricted by local law.

Informal Dispute Resolution Process

Before filing a formal claim, you must first send a written statement ("Claim Statement") to [email protected], providing:
(a) Your full name and contact information.
(b) A description of the dispute.
(c) A proposed resolution. Both parties will attempt to resolve the issue in good faith within 60 days. If no resolution is reached, either party may initiate a formal claim. Failure to complete this process may prevent you from pursuing legal action.

Small Claims

If the dispute is not resolved through informal means, you may file a claim in small claims court in:
(a) The United Kingdom, or
(b) The jurisdiction where you reside, provided it has appropriate authority. We each waive the right to bring any disputes in courts of general jurisdiction.

Arbitration

As an alternative to small claims court, disputes may be resolved through binding individual arbitration. The arbitrator may award the same remedies as a court but will not preside over class actions or collective claims.

If one of us initiates a dispute in another court, the other party may request arbitration instead. Arbitration decisions are final and enforceable in any court with jurisdiction.

No Class Actions

You agree to bring claims against Pass Dojo only on an individual basis. This means:
(a) No class actions, consolidated claims, or representative claims.
(b) An arbitrator may not combine multiple claims into one case.
(c) The outcome of one claim does not affect other users.
This does not prevent mutually agreed settlements.

Changes

We may modify these terms at our discretion. Pass Dojo may update these Terms as needed to reflect new policies or legal requirements. Any significant changes will be communicated via email or through our website. Your continued use of our services after such updates means you accept the revised Terms.

Waiver

Our failure to enforce any provision is not a waiver of rights.

Severability

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Contact Us

We reserve the right to respond to user support requests. If you have queries, want to submit a support request or have any questions about this Agreement or the website, please contact us via our [email protected]

Last updated: Feb 2025.