International Fundamental Academic Skills Test  Testing Terms

International Fundamental Academic Skills Test  Testing Terms

TOFAS EXAM TERMS OF USE

(Last modified on February 22, 2021)

Article 1. Definitions

These “Terms of Use” explain the terms and conditions by which you may use and/or access the website (https://tofas.education) (our “Website”) of SPRIX, LTD. (“Company” or “We”) that provides the TOFAS examination (which is a fundamental skills examination, hereinafter referred to as the “Exam”).

Article 2. Application of Terms of Use

1. These Terms of Use will apply to all applicants and examinees; thus, the applicants and examinees will be deemed to have agreed to these Terms of Use.
2. The applicants and examinees will be subject to these Terms of Use then in effect as of the date of their application.

Article 3. Exam Qualification and Requirements

1. Examinees may take an exam of any level notwithstanding the level of past exams taken.
2. Company may rescind its approval given to an application to take the Exam submitted by an applicant for any of the following reasons:
(1)The applicant’s application contains misrepresentations or typos, or has missing information;
(2)The applicant is a minor or otherwise has limited mental capacity and has not obtained the legally required consent or confirmation of a parent or guardian that would prevent the application from becoming void;
(3)The applicant violates these Terms of Use;
(4)The applicant, through the use of the Exam, does an act that infringes or may infringe the rights of Company or a third party, or Company determines that the applicant may commit an illegal act;
(5)Company determines that the application deviates from the purpose of the Exam, which is to test the applicant’s fundamental skills; or
(6)Company otherwise determines that there is impropriety regarding the examinee taking the Exam.

Article 4. Matters Related to Application

1. The applicant shall submit an application in accordance with the procedure set forth on our Website after reviewing the Exam overview, notice, requirements, and the like.
2. The Exam fee paid to Company by the applicant is considered final, and no refunds, credits, or exchanges will be provided for any reason.

Article 5. Exam Schedule

The Exam will be conducted in accordance with the schedule indicated on the Exam slip that is provided electronically to the applicant upon completion of the application procedure. Any change to the Exam schedule by the applicant shall be made in accordance with the procedure on our Website.

Article 6. Exam Method

1. The Exam will be conducted on our Website. Examinees shall take the Exam by using their personal computer connected to the Internet and in accordance with the Exam notice, requirements, and the like.
2. It shall be the responsibility of the examinees themselves to have in place the facilities and transmission environment for accessing our Website to take the Exam. Any fees that may arise in connection with the use of a transmission environment for accessing our Website shall be borne by the examinees.
3. In the event that an Exam is interrupted due to malfunction of the transmission environment or other force majeure event, neither will reexamination be given nor the Exam fee refunded, unless such event was caused by Company’s willful act or gross negligence.

Article 7. Requirements and Prohibitions

1. Examinees shall comply with the requirements and prohibitions set forth in the Exam notice and the Exam slip.
2. Any and all intellectual property including copyright(s) related to the materials (including the Exam and results thereof) that are provided to the examinee when taking the Exam belongs to Company. Examinees may not reproduce any or all of such materials, or disclose the same to a third party, without the written consent of Company.
3. Only the examinee registered at the time of the application is entitled to take the Exam, and taking of the Exam by a third party on behalf of such registered examinee or assignment of such right to take the Exam to a third party is prohibited. Furthermore, the examinee is responsible for managing the ID and password needed to take the Exam, and, other than due to Company’s willful act or gross negligence, Company shall not be liable whatsoever for any damages arising from theft or improper use thereof.
4. Company may not permit the examinee to take the Exam if the examinee fails to comply with any requirements and/or prohibitions. If it is discovered after the examinee takes the Exam that such examinee has failed to comply with any requirements and/or prohibitions, Company may choose not to disclose the Exam results.

Article 8. Purpose of Use of Acquired Information

Company will use the information (including “Personal Information”, as defined in our “Privacy Policy”) related to the applicants and examinees acquired through the application and Exam process for the following purposes. The handling of Personal Information is separately described in Article 15 herein.
(1)Register the applicants/examinees in connection with taking the Exam;
(2)Provide study guides, as well as information regarding our services and seminars, related to the Exam;
(3)Conduct the Exam in a smooth manner and facilitate our business operations;
(4)Communicate with the applicants/examinees about the Exam, including the schedule, notices, and results;
(5)Track and recognize the applicants’/examinees’ performance and progress in the Exams taken;
(6)To provide information, products, or services as requested by the applicants/examinees;
(7)To create, maintain, customize, and secure the applicants’/examinees’ Website account;
(8)Perform surveys, and prepare and perform analysis on statistical materials categorized by customer attributes;
(9)Notify the applicants/examinees about changes to our Website or any educational products or services we offer or provide through it;
(10)For customer service purposes and to respond to inquiries from the applicants/examinees; or
(11)Any other purpose with the consent of the applicants/examinees (provided, however, that consent or confirmation of a parent or guardian is required if an applicant/examinee is a minor or otherwise has limited mental capacity).

Article 9. Availability of Exam Results

The Exam results will become available for viewing on our Website from one (1) week after the date of the Exam, and shall remain available for two (2) years from such date.

Article 10. No Claims on Exam Questions or Scores

Company shall not accept any claims whatsoever against Company regarding the Exam questions or scores.

Article 11. Delegation to a Third Party

Company may delegate to its designated third party (a “Delegated Party”) all or part of the services required to provide the Exam to the applicants and examinees, in which case, Company shall, based on Company’s customary practice, require such Delegated Party to have the same obligations as Company, including the obligations to maintain confidentiality and to manage Personal Information hereunder in the same manner as that of Company, and provide necessary and appropriate supervision.

Article 12. Cancellation of Exam

Company may cancel or postpone the Exam in the event of a natural disaster such as a hurricane or a snow storm, an epidemic, malfunction of data transmission on our Website, or other unforeseeable event, in which case the examinees will be notified through postings on our Website, or the like.

Article 13. Indemnification

1. Other than due to Company’s willful act or gross negligence, Company shall not be liable whatsoever for any damages, including refunding the Exam fee, arising from taking the Exam, being unable to take the Exam, or other reason related to taking the Exam. For the avoidance of any doubt, such other reason includes any cancellation or postponement of the Exam.
2. In no event and under no circumstances shall Company be liable in excess of direct and actual damages.

Article 14. Damage Compensation

The applicants and examinees shall compensate for any damages suffered by Company or any third party due to their breach of these Terms of Use.

Article 15. Handling of Personal Information

1. Personal Information of the applicants and examinees of the Exam shall be managed in accordance with Company’s “Privacy Policy” posted on our Website (https://tofas.education/pdf/WebsitePrivacyPolicy.pdf). Company may use the Personal Information in preparing presentation materials, pamphlets, and the like; provided, however, that such Personal Information will first be converted into non- identifiable data and compiled as statistics or other like materials before such use.
2. The management of Personal Information may be delegated to a Delegated Party to the least extent necessary to operate Company’s business; provided, however, that any Personal Information provided to the Delegated Party shall be fully encrypted and password protected.

Article 16. Governing Law

These Terms of Use shall be construed and governed by the laws of the State of Hawaii.

Article 17. Jurisdiction

The state and federal courts located in Hawaii shall have exclusive jurisdiction for any disputes arising in relation to these Terms of Use.

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