1. Terms of Service

Introduction

Your use of the Diagnostic Questions site, services, products and content is governed by these Terms of Service “Terms” below.

If you use Diagnostic Questions, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use Diagnostic Questions.

 

More simply put:
Every company has its terms. These are ours.

Description of Service

   
 
Diagnostic Questions is a web-based service available from the domain diagnosticquestions.com. This service provides teachers and publishers with an online service to create, share and publish questions, grouped in various ways, in order to discover students’ misconceptions. Diagnostic Questions also provides data-driven insights into students misconceptions. These insights are available in the form of graphic visualisations, reports and content recommendations for teachers, tutors, parents and students.
 
Diagnostic Questions is owned and operated by Maths Doctor Tuition Limited.
 
 

More simply put:
Diagnostic Questions is a website that provides a combination of services that enable teachers and students to discover and analyse students' misconceptions.

You and Your Use of Diagnostic Questions

Content rights & responsibilities

   
 
You own the rights to the content you create and post on Diagnostic Questions.
 
 
You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
 
You’re welcome to post content on Diagnostic Questions that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to Diagnostic Questions, you represent that doing so doesn’t conflict with any other agreement you’ve made.
 
By posting content you didn’t create to Diagnostic Questions, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.
 
We can remove any content you post for any reason.
 
You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 14 days after you delete it.
 
Unless otherwise specified, all content shared on the site is published under the Creative Commons Attribution-Share Alike 3.0 Licence.
 

More simply put:
You own the rights to any content you create or post on Diagnostic questions, and you grant us the right to publish and utilise the content as part of our services.

Age Restrictions

   
 
You may only use the Diagnostic Questions if you are at least 13 years of age. If you are under 13 years of age you may only use Diagnostic Questions with the consent of your teacher or a legal parent or guardian. By using the Diagnostic Questions, you affirm that you are at least 13 years of age or that you have the consent of your teacher, legal parent, or guardian.
 
If you provide the aforementioned consent for a student, you affirm that you are that student’s legal parent or guardian or that you are are a teacher or school official with authority to consent to that student’s use of Diagnostic Questions. By registering the student on Diagnostic Questions, or otherwise providing consent, you agree to be bound these terms on behalf of that student and are liable for the use of the site and services by the student.
 
If we learn someone under 13 is using Diagnostic Questions, we will terminate their account.
 
 

More simply put:
You must be at least 13 years old to use Diagnostic Questions and if you are not, you must have the permission of a teacher, legal parent or guardian.

Verification of Identity

   
 
Diagnostic Questions cannot guarantee the identity of any user or the accuracy of any information submitted by any user. We may, but are not obligated to, make inquiries, to validate any user’s registration information, Diagnostic Questions reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of our Services.
 
 

More simply put:
Whilst we may make inquiries into the validity of a user's registration information. we cannot guarantee the identity of any user or the accuracy of information that they submit.

Registering to Use the Site and Services

   
 
You do not need to register with Diagnostic Questions to simply visit and view the Site, and you will be able to see a preview of lessons for Students and the Teacher dashboard without registration. However, in order to use the Services and Resources offered on and through the Site, Teachers must register with Diagnostic Questions to create an account.
 
Teacher Registration. You are only permitted to use the Services as a teacher user ("Teacher") on condition that you are a teacher, teacher-assistant, or similar educational professional who is employed by the school that the Student attends.
 
We may terminate a Teacher user account at any time and without warning for any failure to comply with these Terms.
 
Student Registration. By registering to use the Services as a Student, you represent and warrant that: (i) you are a student who wishes to use the Services for your own personal educational purposes; (ii) you understand and agree that your use of the Site and Services is governed by these Terms (please ask your Parent to explain these Terms if you do not understand them); and (iii) you will immediately cease using the Site and Services when you no longer wish to use (or you are no longer permitted to use) the Site and/or Services for any reason. You acknowledge and agree that through the Teacher dashboard, and/or other features of the Services, Diagnostic Questions and/or your Teacher and/or your Parent and/or your Classmates may be able to review your activities using the Services, including without limitation, your scores, and your explanations.
 
Parent Registration. You are only permitted to use the Services as a parent user ("Parent") on condition that you are a parent of a student. We may terminate a Parent user account at any time and without warning for any failure to comply with these Terms.
 
Diagnostic Questions reserves the right to approve or reject all users of the Services, in Diagnostic Questions' sole discretion.
 
Termination of Accounts. You may close your user account at any time by following the account cancellation procedure on the Site or by contacting us using the contact information specified below in these Terms, and requesting termination of your account. We may terminate your account any time and for any reason in our sole discretion. To the extent you have paid any fees to Diagnostic Questions (as further specified below in these Terms) prior to termination of your account, you will not be entitled to any refund of such fees.
 
 

More simply put:
You will need to register to make use of the services and resources on our site. You may register as either a teacher or a student and we reserve the right to terminate your account if you do not satisfy the requirements for that account type.

Submissions

   
 
You are responsible for the content that you create or post on Diagnostic Questions (each a "Submission"). You may not upload or post any material protected by copyright, trademark or any other intellectual property or other proprietary right without the express permission of the owner.
 
You agree to pay for all royalties, fees, damages, and any other monies owing to any person and/or entity by reason of any Submissions posted by you to or through this Site and the Services.
 
We may modify or adapt your Submissions in order to transmit, display, or distribute them over computer networks, in various media, and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services, or media and/or otherwise modify them in any manner in our sole discretion. Diagnostic Questions does not guarantee any confidentiality with respect to any Submissions.
 
For the avoidance of doubt and without limiting the foregoing, you acknowledge and agree that you retain ownership of your Submissions; provided however, that Diagnostic Questions may use such Submissions in accordance with the foregoing license. By way of example only, Diagnostic Questions may use any lesson (or any modification and/or derivative work thereof) submitted by a user through the Services for Diagnostic Questions' benefit, without any fee, royalty, other payment, or attribution due to the submitting user; provided, however, that the submitting user may not compel any such use.
 
When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require Diagnostic Questions to monitor, police or remove any submissions or other information submitted by you or any other user.
 
 

More simply put:
You are responsible for the content you post on Diagnostic Questions. You must not post content without the owners permission. You retain ownership of any content that you submit and you grant Diagnostic Questions a licence to use it in the context of our business and services.

Unauthorized Activities

   
 
When using this Site and/or the Services, you agree not to:
 
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others. Use racially, ethnically, or otherwise offensive language. Discuss or incite illegal activity. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). Post anything that exploits children or minors or that depicts cruelty to animals. Post any Resources that violate the copyright rights, trademark rights, or other intellectual property rights of any person without the express permission from the owner. Disseminate any unsolicited or unauthorized advertising, promotional Resources, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitations. Use any robot, spider, scraper, or other automated means to access the Site or Services. Take any action that imposes an unreasonable or disproportionately large load on our or our third-party service providers' infrastructure. Alter the opinions, comments, messages or other Submissions posted, sent or otherwise communicated by others on this Site or through the Services. *Post, send, or otherwise communicate any Submission or other information contrary to our public image, goodwill or reputation, as determined by us in our sole discretion.
 
This list of prohibitions provides examples and is not complete or exclusive. Diagnostic Questions reserves the right to: (i) terminate access to your account and your ability to post to this Site (or use the Services); and (ii) refuse, modify, delete, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Diagnostic Questions determines is inappropriate or disruptive to this Site and/or the Services or to any other user of this Site and/or Services. In addition to violating these Terms, any unauthorized use of any Resources may violate applicable laws, rules, and/or regulations.
 
Diagnostic Questions may report to law enforcement authorities, or other third parties, any actions that may be illegal and any reports it receives of such conduct. When legally required or at Diagnostic Questions’ discretion, Diagnostic Questions will cooperate with law enforcement authorities in any investigation of alleged illegal activity in connection with the site, services, or on the internet, with or without notice to you.
 
 

More simply put:
You agree not to use Diagnostic Questions in a way that in discriminatory, harmful, inappropriate or illegal. If you use Diagnostic Questions in a prohibited way, we may restrict your access, terminate your account or cooperate with an investigation by law enforcement.

Feedback

   
 
If you send or transmit any communications, comments, questions, suggestions, or related Resources to Diagnostic Questions, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Diagnostic Questions is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Diagnostic Questions is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. The terms of this paragraph shall not apply to your Submissions which are governed by the terms set forth above under "Submissions".
 
 

More simply put:
Any feedback you may send is non-confidential and non-proprietary. Any ideas contained in such feedback may be used by Diagnostic Questions without attribution or compensation to you.

Our Site and Our Services

General Use

   
 
Diagnostic Questions provides content through the Site and Services that is copyrighted and/or trademarked work of Diagnostic Questions, of the Skills Academy, of Diagnostic Question’s third-party licensors and suppliers, or of other users of the Services (collectively, the “Resources”). Resources may include without limitation, logos, graphics, video, images, software, and other content. The resources and their associated intellectual property and other proprietary rights are owned by the authors and creators of the Resources.
 
Diagnostic Questions grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Resources and to use this Site and the Services solely for your personal educational use, subject to compliance with these terms.
 
Except for Submissions that you have provided, you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site, Services, or Resources, or any part thereof, in any manner.
 
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Resources and refrain from any further use of the Site, Services, and Resources.
 
 

More simply put:
You may use this site and these services in compliance with these terms and the intellectual property rights of the content providers.

Changes

   
 
Diagnostic Questions may change, terminate, or restrict access to any aspect of the service, at any time, without notice.
 
Diagnostic Questions may also change these Terms at any time. We will use commercially reasonable efforts to notify you of such changes, however, it is your responsibility to periodically check on the Site to see if these Terms have changed. By using this Site after Diagnostic Questions has updated these Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and Services.
 
 

More simply put:
Our Services and these terms may change at any time.

Electronic Communications

   
 
By using the Site and Services provided on or through the Site, you hereby consent to receive electronic communications from Diagnostic Questions. These electronic communications may include notices about applicable fees, taxes, other charges, transactional information, and other information concerning or related to the Site and Services. These electronic communications are part of your relationship with Diagnostic Questions. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
 
 

More simply put:
We will contact you via notifications and emails to share information about our site, our services and your account.

Marketing Communications

   
 
We may send periodic promotional or informational emails to teacher and parent users. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.
 
 

More simply put:
We may send you marketing emails but you are free to opt-out of these communications.

Links to Third-Party Sites

   
 
This Site may be linked to other websites that are not Diagnostic Questions sites, including, without limitation, social networking, blogging, and similar websites through which you may be able to log into this Site using your existing account and log-in credentials for such third party websites, including without limitation, Google and Facebook (any and all of which of the foregoing listed websites may change from time-to-time) and websites that provide educational content and question-and-answer forum functionality (collectively, "Third-Party Sites"). Certain areas and features of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site.
 
You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions, and/or user guides and business practices than Diagnostic Questions, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides, and privacy policies of any of Third-Party Sites. Diagnostic Questions is providing links to the Third-Party Sites to you as a convenience, and Diagnostic Questions does not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
 
You agree that neither Diagnostic Questions nor the other Diagnostic Questions parties shall, under any circumstances, be responsible or liable, directly or indirectly, to you or any third party, for any goods, services, information, resources, resources, and/or content available on or through any third-party sites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the products, services, content, or business practices of any third party.
 
 

More simply put:
We may link to and integrate with sites that are not Diagnostic Questions. You agree to abide with the terms and policies of such sites and that Diagnostic Questions is not responsible for the content or result of any interaction you have with such sites.

Rights and Liabilities

Indemnification

   
 
You hereby agree to indemnify, defend, and hold harmless, Diagnostic Questions, its parents, affiliates, subsidiaries, suppliers, licensors, and business partners, and its and their respective officers, directors, employees, and agents (collectively, the “Diagnostic Questions Parties”) from and against any and all costs, damages, liabilities, losses, and expenses (including without limitation attorneys’ fees and costs of defense) any Diagnostic Questions Party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site and/or the Services, or the use of this Site and/or the Services, by any person using your user name and/or Password (including without limitation, your participation in the Interactive Features and your Submissions) violates any applicable law, rule or regulation, or the copyrights, trademark rights or other rights of any third party, including without limitation, the intellectual property, privacy, and/or publicity rights of any third party. For the avoidance of doubt, Teachers’ foregoing indemnification obligations expressly extend to the acts and omissions of their Students for whom they are responsible in accordance with these Terms.
 
 

More simply put:
You agree to compensate Diagnostic Questions for any harm or loss we incur in relation to legal or other action we undertake resulting from your wrongful use of our site or services.

Proprietary Rights

   
 
"Diagnostic Questions" and associated logo(s) are trademarks owned by Diagnostic Questions in the United Kingdom and in other countries. Other trademarks, names and logos on this Site are the property of their respective owners.
 
Unless otherwise expressly specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons and all Resources, as well as the arrangement thereof, are the sole property of Diagnostic Questions, Copyright © 2016 Diagnostic Questions.com. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express prior written consent of the copyright owner or license.
 
Certain Resources that are not Submissions may be provided by third party licensors and suppliers to Diagnostic Questions and your use of such Resources may be governed by separate and additional terms; you will be notified if such additional terms apply.
 
 

More simply put:
You may use our name, logo or trademark only as expressly described in these terms. Any other use requires our written permission.

Intellectual Property Infringement

   
 
Diagnostic Questions respects the intellectual property rights of others, and we ask you to do the same. Diagnostic Questions may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site and the Services for users who infringe or misappropriate the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or is otherwise made available through the Services, please provide Diagnostic Questions’s designated agent with the following information:
 
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Diagnostic Questions to locate the material.
  • Information reasonably sufficient to permit Diagnostic Questions to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
For notice of claims of copyright or trademark infringement on this Site please us.
 
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
 
 

More simply put:
We respect the copyright of others and if you use our site, you must too. If you believe that your copyright has been infringed, please follow the process outlined here.

Disclaimer of Warranties

   
 
Diagnostic Questions provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.
 
Diagnostic Questions does not warrant the accuracy or timeliness of the Resources contained on this Site or otherwise made available through the Services. Diagnostic Questions has no liability for any errors or omissions in the Resources, whether provided by Diagnostic Questions, our licensors or suppliers or other users.
 
Diagnostic Questions does not warrant Guarantee that using the site and/or services will result in any improved performance by any student or will result in any particular student advancement or attainment.
 
No warranties, covenants or guarantees are made relating to the quality, suitability, truth, accuracy or completeness of any information or content contained or presented on or through this site and/or the services, including without limitation, the resources and submissions.
 
 

More simply put:
We provide no warranty for the quality of content on our site. We offer no guarantee that using our site will result in improved academic performance.

Limitation of Liability

   
 
Diagnostic Questions won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
 
In addition, in no event shall Diagnostic Questions’ or the other Diagnostic Questions parties’ total cumulative liability arising under or in connection with these terms, exceed the greater of: ( I ) one hundred British pounds (£100); or (ii) the total amount of any fees you have paid Diagnostic Questions for the services during the one (1) year period immediately preceding the event giving rise to the relevant Diagnostic Questions party’s liability.
 
Some jurisdictions do not allow certain limitations of liability, so the foregoing may not apply to you; in such case, Diagnostic Questions Parties' liability will be limited to the greatest extent permitted under the applicable laws of such jurisdiction.
 
 

More simply put:
Diagnostic questions is not liable for any damages arising from your use of, or inability to use, our services.

Local Laws

   
 
Diagnostic Questions controls and operates this Site from its headquarters in the United Kingdom and the Site and Services may not be appropriate or available for use in other locations. If you use this Site or Services outside the United Kingdom, you are responsible for following applicable local laws, rules and regulations. You acknowledge and agree that the Site and Services are primarily designed for users in the United Kingdom and are based on U.K. curricula, requirements and standards, which may be different to curricula, requirements and standards in other jurisdictions.
 
 

More simply put:
Diagnostic Questions is based in the UK but you must use our site and services in accordance with your local law.

General

   
 
Diagnostic Questions prefers to inform you if we feel that you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Diagnostic Questions in our sole discretion, may result in immediate termination of your access to the Site and Services without prior notice to you. Any disputes relating to these Terms or the Site or Services will be heard in the courts located in the United Kingdom. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Diagnostic Questions’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Diagnostic Questions in respect of the Site and Services and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Diagnostic Questions relating thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions, and any other terms which by their nature are intended to survive, shall survive any termination of these Terms.
 
 

More simply put:
These terms entirely govern your relationship with Diagnostic Questions. All disputes relating to these terms will be heard in courts located in the United Kingdom.

Contact Us

   
 
If you have any questions about these Terms or otherwise need to contact Diagnostic Questions for any reason, you can us.
 
Effective Date: June 1, 2015
 
 

More simply put:
If you have questions about these terms, feel free to contact us.