Terms & Conditions
By entering and using any part of the Website, including:
- accessing and using the services and functionality made available through the Website;
- viewing and interacting with any content, information, communications, advice, text or other material provided Minerva or any User Content; and
you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not enter or use the Website.
Minerva reserves the right to update the Terms and Conditions at any time by updating this page without notice. Your use of the Website after changes to the Terms and Conditions are posted by us will signify your agreement to the updated Terms and Conditions and you agree to be bound by the most recent version of the Terms and Conditions.
It is your responsibility to check the Website regularly for the most current version of the Terms and Conditions.
Changes to the Website
Minerva reserves the right to change, vary or discontinue the operation of the Website (or any page of the Website) as and when required without being liable for any loss, damage, cost or expense suffered by you. The Website may contain errors.
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
- download (other than page caching) or modify the Website or any portion of the Website;
- impersonate or falsely claim to represent a person or organisation;
- are commercial, including selling, marketing, advertising or promoting goods or services;
- frame the Website without Minerva's express written permission;
- post, link to, or otherwise communicate or distribute any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
- post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
- deletes, alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
- knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material; or
- solicits information (including login information).
Termination of Use
Minerva may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use of the Website (or any portion thereof). Minerva may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
Registration of account
Although you may browse the Website without creating an account or providing your details, in order to use certain features of the Website, you will be asked to register for an account with the Website by providing all of the information required. You agree to:
- provide true, accurate, current and complete information about yourself as prompted by any registration form; and
- maintain and promptly update the information you provide to keep it true, accurate, current and complete.
When registering for an account, you warrant that you are of legal age to form a binding contract with Minerva and have the necessary capacity to enter into a binding legal contract. If Minerva has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Minerva has the right to suspend or terminate your access to and use of the website (or any portion thereof).
We reserve the right to refuse registration of any account, at our sole discretion.
To use your account, you will require a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account as if they were your own acts and omissions.
You agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your account or do anything that would risk the security of your account.
You agree to notify Minerva immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Minerva cannot and will not be liable for any loss, claims, costs, expenses or damage arising from your failure to protect your password or account information.
Access and Communication
Subject to the consumer guarantees provided for in the ACL, Minerva does not warrant that you will have continuous access to the Website. We will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
Minerva does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
Whilst Minerva takes reasonable precautions to protect information transmitted via the Website, Minerva cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
Minerva does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Warranties, Consumer Guarantees and Limitation of Liability
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, the liability of Minerva for a breach of a non-excludable guarantee provided by the ACL is limited, at Minerva’s option, to:
in the case of goods supplied or offered by us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
in the case of services supplied or offered by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable (but subject to your rights under the ACL). It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
Subject to this section “Warranties, Consumer Guarantees and Limitation of Liability”, Minerva will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, Minerva Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
The maximum aggregate liability of Minerva for all proven losses, damages and claims arising out of or in connection with these Terms and Conditions or a supply under these Terms and Conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the total amount paid by you to Minerva in connection with the subject matter of the particular dispute, or the sum of £100, whichever is greater.
You will fully indemnify Minerva and its related bodies corporate against any loss, damage, costs, expenses, fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, that you may sustain in connection with any breach of these Terms and Conditions by you, your use of the Website, any third party use of the Website through your account (whether authorised or not), your infringement of any third party rights, your use of third party websites linked to the Website or your communications with Minerva.
This Website may also include links to other websites. These links, which provide further information, are included for your convenience. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). If you decide to access or use any linked websites or content, materials, software, goods or services from a website linked to minervatesting.com, you do so entirely at your own risk. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements).
You hereby release Minerva and its designated representatives from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through third party websites.
While Minerva encourages links to the Website by third parties, Minerva reserves the right to prohibit or refuse to accept any link from a third party website. You agree to remove any link you may have to the Website upon the request of Minerva.
Third Party Advertisements
The Website may contain third party advertisements (such as banner ads, third party logos and information, material and documents relating to or provided by third parties). These advertisements (if any) do not constitute an endorsement or recommendation by Minerva (or its related bodies corporate) of any business, products or activities of the third party advertisers. If you choose to access these third party linked sites, you do so at your own risk. Minerva is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Minerva is not responsible for and will not be liable in respect of any incorrect link to an external website.
Severance of Clauses
If any clause of the Terms and Conditions is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed and will not affect the validity and enforceability of the remainder of the Terms and Conditions.