Examtopics.com (https://www.examtopics.com/) is a website operated by Fabulive Limited. Fabulive Limited (company number: 2547402) is registered in Hong Kong and its registered office is situated at Unit B, 17/F., United Centre, 95 Queensway, Admiralty, Hong Kong.
1.1.1. By accessing the Website and all subsidiary web pages within the site, you agree to these General Terms and Conditions in full. Also, we may draw your attention to any additional or specific Terms and Conditions prior to your purchasing any products or services from or via this Website.
1.1.2. All material on the Website and our social media pages is provided for information purposes only and does not constitute legal, accounting or professional advice of any other kind; therefore, it cannot and should not be relied upon as such. If you require any professional advice or services, we recommend you consult a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from this Website.
We bear responsibility for the Website content and accuracy and reliability of the information and content description on his website.
1.1.3. You accept that any comments posted by you on our Website and/or social media pages can be viewed by the public, and that we have no control over, or liability for, the way in which this information is used by any third party who views your comments.
1.2.1. The Website and some of our blog articles may contain links, buttons and banners that redirect you to third-party resources and websites that may be of interest. The inclusion of any link does not mean we endorse the site or have any association with its operators, nor should the inclusion of any link be viewed as an encouragement to purchase or use any third-party products or services - we provide these links to you for information purposes and convenience only.
1.2.2. Linked Websites are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We do not accept responsibility or liability for the privacy of your personal information on any Linked Website, and we are not responsible for webcasting or any other form of transmission received from any Linked Website.
1.2.3. These General Terms and Conditions do not cover your interaction with Linked Websites; therefore, you should carefully review the Terms and Conditions and privacy policies of any third party sites you visit. Your use of any linked website is at your own risk.
1.2.4. Certain services made available via the Website are delivered by third parties. By using any product, service or functionality originating from the Website domain, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website's users and customers.
1.3.1. We bear responsibility for the Website content, accuracy and reliability of the information and content description on the Website, but we cannot guarantee that information will be accurate, complete and current at all times. For this reason we aim to update the Website regularly. We may update this information when necessary, and all information on the Website is subject to such modification from time to time without notice; however, we make no representations, warranties or undertakings of whatever nature about the information, content or materials provided on the Website. This includes, without limitation, the quality, accuracy, completeness and reliability of the information.
1.3.2. We will use reasonable efforts to keep the Website available to you but it is subject to on-going updates and improvements, and we reserve the right to change or remove (temporarily or permanently) the Website, or any part of it, without prior notice. By accepting these Terms and Conditions, you confirm that we shall not be liable to you for any such changes or removals that may take place.
1.3.3. Changes to these General Terms and Conditions and the Specific Terms and Conditions may be made at any time. Your use of the Website and the purchase of products or services are also subject to any such changes. You accept personal responsibility to check if any changes have been made to the General Terms and Conditions or relevant Specific Terms and Conditions every time you visit the Website or purchase products or services from us.
1.4.1. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made, and without warranty of any kind - whether expressed or implied - including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
1.4.2. Any and all liability to you that may arise from your access to, and use of, the Website - whether due to negligence, breach of duty or otherwise - is excluded to the maximum extent permitted by law.
1.4.3. No warranty is given that the functionality of the Website will be uninterrupted or error free.
1.4.4. We are not responsible for the content of other Websites that link to or from this Website. Links to other sites are provided simply for your information and do not imply that we approve of those sites or their content.
1.5.1. All text, templates, images, information and layouts - other than those supplied by third parties - are the property of the Company.
1.5.2. You are permitted to view, copy and print extracts from this website for your own personal use; however, all rights, intellectual or otherwise, will remain with the Company and do not pass to you.
1.5.3. The copyright of all other materials not belonging to the Company that may feature on this Website - including their design, layout, text, graphics, photographs, and the source code and software - belongs to their respective owners.
1.5.4. Registered and unregistered trade marks, logo designs, registered company names and other such forms of IP are also the property of their respective owners.
1.5.5. You are not permitted to sell or re-sell anything available from the Website, other than to the extent expressly permitted in accordance with any product or service purchased by you from the Website, where such permission is either expressly granted or in a circumstance in which it is a necessary attribute of the product or service concerned.
1.6.1. In connection with the supply of any goods or services ordered by you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. Such circumstances include – though are not limited to - acts of God, strikes; lock outs; accidents; war; acts of terrorism; fire; or failure of any communications, telecommunications or computer system. We shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a Force Majeure event occur.
1.6.2. If a Force Majeure event to which this clause applies does occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the agreement. Where services have been paid for in advance but have not been rendered, you will be entitled to a full refund from the date of cancellation for all such services.
1.7.1. The Website provides a facility that allows you to create and register an account with us in order to get access to purchased product(s) or service(s). If you choose to register with us, you are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through it - under no circumstances should you disclose your account information to anyone else. You agree to immediately notify the Company of any security breach of your account.
1.7.2. The Company shall not be responsible for any losses arising out of the unauthorised use of your account, and you agree to indemnify us for any loss or damage we may incur resulting from breach of this clause.
1.8.1. We respect your confidentiality and take the protection of your personal data very seriously. Therefore, we shall not sell or make your data available to any third party without your prior consent.
1.8.2. You may alter or update any personal information provided to us as part of registration on the Website at any time.
1.9.1. If any provision of these General Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed, and the validity and enforceability of the remaining provisions shall not be affected.
1.9.2. In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain products or services through this Website, the Specific Terms and Conditions shall prevail.
1.9.3. No person who is not a direct party to any agreement covered by these General Terms and Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
1.9.4. As a consumer, you have the right to cancel a contract for the provision of products or services at any time before seven working days have passed from the day after the contract was made. Any such cancellations must be provided to us in writing. If we have already started fulfilling our side of the contract before you exercise your right to cancel, the right to cancel is lost.
1.10.1. This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the service of notices.
1.10.2. Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be written in the English language.
1.10.3. Any such notice shall be addressed to the usual business address of the other party and may be:
• Personally delivered;
• Sent by first class pre-paid post, if the address is situated in the United Kingdom;
• Sent by pre-paid airmail, or by air courier, if from or to any place outside the United Kingdom;
• Sent by facsimile;
• Sent by electronic mail.
1.10.4. In all cases, notices shall be deemed to be given when received.
1.11.1. Your use of the Website and the purchase of any products or services from it are governed in accordance with the laws of Hong Kong.
1.11.2. Hong Kong courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the web site or the purchase of any products or services from it.
These Specific Terms and Conditions are applicable to transactions made through the Website and any subsidiary pages. They must be read carefully and agreed to in full, together with the General Terms and Conditions above, which apply to any agreement between us and to your use of the Website in general. By clicking the "I agree" button, you agree to the Terms and Conditions. If you do not agree to these Terms and Conditions, click the "Cancel" and do not use our products and services.
2.2.1. Products mean digital training materials ("Products") sold by us.
2.2.2. You will have certain rights access the Products during the access period ("Access Period"), that begins on the date of purchase of the Products.
2.2.3. The Products is for personal use only. Sharing access to the Products via Virtual Private Networks (VPN), Web Hosting servers or Cloud servers can lead to blocking access to the Products. Please use Company License if you need multiple-user access to the Products.
2.2.4. We hereby grant you a nonexclusive, nontransferable license to access and use the Products in accordance with these specific Terms and Conditions. The client access to the Products is licensed, not sold. We shall retain all right, title and interest in the Products, including without limitation all intellectual property rights embodied therein. In addition, all materials included with the Products, including all trademarks, service marks, and trade names are our property. You do not acquire any rights, express or implied, in the Products, other than those specified in these specific Terms and Conditions. To the extent permissible by applicable law, you may not, nor may you permit any other person or entity to: sublicense, redistribute or lease any portion of the Products; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Products or create derivative works from the Products; or reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Products; or copy, reproduce, capture, store, retransmit, distribute, or burn to CD (or any other format or device) any copyrighted content that you access or receive while using the Products. You assume all risk and liability for any such prohibited use of copyrighted material.
2.2.5. You shall have the right to receive new features to the Products as we, in our sole discretion, makes such features available during your Access Period. We continually strive to improve the usability and performance of the Products. In order to optimize the Products we may, at our discretion: (i) add, modify or remove features of the Products, or (ii) temporarily restrict the use of the Products or limit its availability in order to perform maintenance activities, at any time with or without notice to you. We may also update these Terms and Conditions and recommends that you check these Terms and Conditions on a regular basis to see if they've been updated. We will post any modifications on our Website. You agree that you will be considered to have been given notice of any modifications once we post them to our Website. Your continued use of our Products will be deemed to be your acceptance of the updated terms of these Terms and Conditions.
2.2.6. Your right to use shall terminate upon expiration of the Access Period. In addition, we may, at our sole discretion, immediately suspend or terminate your use of the Products at any time with or without notice to you if you violate, or we reasonably believe that you have violated, these Terms and Conditions, or if your use of the Products may cause us to have legal liability or disrupt others' use of the Products (in which case no refund shall be made).
2.3.1. You are presented with a range of choices during the ordering process. It is your responsibility to ensure you read and fully understand these choices before proceeding with any purchase. Should you have any queries regarding the Products, or any aspect of your order, we strongly recommend that you contact us prior to proceeding with any purchase.
2.3.2. Whilst we endeavour to provide a prompt response to your enquiry, we cannot guarantee to do so in every instance. It therefore remains your responsibility to elicit further information from us regarding the product you intend to order before the order is placed.
2.3.3. All orders that you place through this Website are deemed to be an offer by you to purchase the Products that we supply, subject to these Terms and Conditions and our acceptance of the order. We may choose to reject any order without disclosing our reason for doing so.
2.4.1. The price the Products that you may purchase from us is set out under the option you select on our Website. Unless otherwise indicated, the prices indicated are understood as inclusive of VAT.
2.4.2. The total purchase price will be displayed in your shopping cart prior to your confirming the order.
2.4.3. We reserve the right to update the prices on the Website and to update, amend, or withdraw the Products that we offer without prior notice or explanation. Every effort is made to ensure that all prices are correct; however, in the event of serious error, any transaction shall be voided by us, entitling you to a full refund.
2.4.4. We shall not be liable to anyone for withdrawing or amending any of the products we sell, or for refusing or failing to process an order.
2.5.1. Where payment is made by credit card your credit card data is transmitted directly via payment service provider (acquiring bank).
2.5.2. We shall take all reasonable steps to protect the credit card data against unauthorised access by third parties. But we inform you that in particular where such data is transferred electronically the possibility of such data becoming known to unauthorised third parties cannot be excluded.
2.7.1. After the purchase you will receive all the necessary information regarding usage and downloading of the purchased Products via email. The message will be sent to the email address associated with your Account registered on the Website. Normally you have immediate access to the purchased Products. Upon purchase the Products you receive, following the order, access to the Products, access to the relevant page of the Website, or the use of the Products is facilitated or provided in some other way. If, however your credit card was flagged or required to be manually verified, then there is a possible delay in product delivery up to twelve hours.
2.8.1. If you need to get a withdrawal, refund, cancel order, return or exchange purchased product(s) for any reasonable reason, or you have any other questions please contact us directly. But please be advised that We reserve the right to decline your refund request if We see any extreme usage activity in your account.
We collect some information from you directly, like information you enter yourself and data from third-party platforms you connect with the Website. We also collect some data automatically, like information about your device and what parts of our Website you interact with or spend time using.
We may collect different information from or about you depending on how you use the Website.
If you create an account and use the Website, including through a third-party platform, we collect the information you provide directly. This information stored by us and associated with your account includes:
• Account Data (hereinafter referred to as the "Account Data"): in order to use certain features, for example to get access to your purchases at the Website, you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address and password.
• Profile Data: you can also choose to provide profile information like a gender, date of birth, photo, headline, website link, social media profiles or other data. Your Profile Data will be publicly viewable by others.
• Shared Content: parts of the Website let you interact with other users or share content publicly, including by posting reviews, asking or answering questions and files you upload. Such shared content may be publicly viewable by others depending on where it is posted.
• Account Payment Data: if you make purchases, we collect certain data about your purchase (such as your name and zip code) as necessary to process your order. You must provide certain payment and billing data directly to our payment processing partners, including your name, credit card information, billing address, and zip code. For security, the Website does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
• System Data (hereinafter referred to as the "System Data"): technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types.
• Usage Data (hereinafter referred to as the "Usage Data"): usage statistics about your interactions with the Website, including pages accessed, time spent on pages or the Website, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Website.
• Approximate Geographic Data: an approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.
We use tools like cookies, web beacons, analytics services and advertising providers to gather the data explained above. Some of these tools offer you the ability to opt out of data collection.
Cookies are small text files stored by your browser as you browse the internet. They can be used to collect, store, and share data about your activities across websites, including on the Website. Cookies also allow us to remember things about your visits to the Website, like your preferred language, and to make the site easier to use.
We use both session cookies, which expire after a short time or when you close your browser, and persistent cookies, which remain stored in your browser for a set period of time. We use session cookies to identify you during a single browsing session, like when you log into the Website. We use persistent cookies where we need to identify you over a longer period, like when you request that we keep you signed in.
• Authentication and security: to log you into the Website; to protect your security; to help detect and fight spam, abuse, and other activities that violate the Website's agreements.
• Preferences: to remember data about your browser and your preferences; to remember your settings and other choices you've made.
• Personalized content: to customize the Website with more relevant content.
• Advertising: to provide you with more relevant advertising.
Please note that where advertising technology is integrated into the Website, you may still receive advertising on other websites and applications, but it will not be tailored to your interests.
When using mobile applications you may also receive tailored in-app advertisements. Apple iOS, Android OS and Microsoft Windows each provide its own rules on how to control in-app tailored advertising. For other devices and operating systems, you should review your Privacy settings or contact your platform operator.
• Most browsers automatically accept cookies, but you can change your browser settings to decline cookies by consulting your browser's support articles. If you decide to decline cookies, please note that you may not be able to sign in, customize, or use some interactive features in the Website.
• Flash cookies operate differently than browser cookies, so your browser's cookie-management tools may not remove them. To learn more about how to manage Flash cookies, see Adobe's article on managing flash cookies and Website Storage Settings panel.
• To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages for the Network Advertising Initiative and Digital Advertising Alliance, or if you're located in the European Union, visit the Your Online Choices site. To opt out of Google Analytics' display advertising or customize Google Display Network ads, visit the Google Ads Settings page.
The Website uses the following types of cookies:
• Preferences: cookies that remember data about your browser and preferred settings that affect the appearance and behavior of the Website (like your preferred language).
• Security: cookies used to enable you to log in and access the Website; protect against fraudulent logins; and help detect and prevent abuse or unauthorized use of your account.
• Functional: cookies that store functional settings (like the volume level you set for video playback).
• Session State: cookies that track your interactions with the Website to help us improve the Website and your browsing experience, remember your login details, and enable processing of your purchases at the Website. These are strictly necessary for the Website to work properly, so if you disable them then certain functionalities will break or be unavailable.
Some of the third-party partners who provide certain features on our site may also use Local Storage Objects (also known as flash cookies or LSOs) to collect and store data.
We use third-party browser and mobile analytics services like Google Analytics on the Website. These services use Data Collection Tools to help us analyze your use of the Website, including information like the third-party website you arrive from, how often you visit, events within the Website, usage and performance data, and where the application was downloaded from. We use this data to improve the Website, better understand how the Website perform on different devices, and provide information that may be of interest to you.
Depending on the types of advertising services we use, they may place cookies or other tracking technologies on your computer, smartphone, tablet or other device to collect data about your use of our Website, and may access those tracking technologies in order to serve these tailored advertisements to you. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address (in a non-human-readable form) and content that you share publicly on the Website.
When using mobile applications you may also receive tailored in-app advertisements. Apple iOS, Android OS and Microsoft Windows each provide their own rules on how to control in-app tailored advertising. For other devices and operating systems, you should review your Privacy settings or contact your platform operator.
We use your data to do things like provide our Website, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Website, analyze how people use our Website, serve personalized advertising, and as required by law or necessary for safety and integrity.
We use the data we collect through your use of the Website to:
• Provide and administer the Website, including to display customized content and facilitate communication with other users;
• Process your requests and orders for products, specific services, information or other features;
• Communicate with you about your account by:
- Responding to your questions and concerns;
- Sending you administrative messages and information, notifications about changes to our Website, and updates to our agreements;
- Sending you information and in-app messages about new products, newservices, new features, promotions, newsletters;
- Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the "options" or "settings" page of the mobile app);
• Manage your account preferences;
• Facilitate the Website' technical functioning, including troubleshooting and resolving issues, securing the Website, and preventing fraud and abuse;
• Solicit feedback from users;
• Market and administer surveys and promotions administered or sponsored by the Website;
• Learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;
• Identify unique users across devices;
• Tailor advertisements across devices;
• Improve our Website and develop new products, services, and features;
• Analyze trends and traffic, track purchases, and track usage data;
• Advertise the Website on third-party websites and applications;
• As required or permitted by law; or
• As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public or our Website.
We share certain data about you with some companies performing services for us, analytics and data enrichment providers, your social media providers, companies helping us run promotions and surveys and advertising companies who help us promote our Website. We may also share your data as needed for security, legal compliance or as part of a corporate restructuring. Lastly, we can share data in other ways if it is aggregated or de-identified or if we get your consent.
• With Service Providers, Contractors and Agents: we share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
• To Administer Promotions and Surveys: we may share your data as necessary to administer, market or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey.
• For Security and Legal Compliance: we may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
• Permitted or required by law;
• Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
• Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
• Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
• Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of the Website, our users, employees, members of the public, or our Website;
- During a Change in Control: if the Website undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence).
- After Aggregation/De-identification: we can disclose or use aggregate or de-identified data for any purpose.
We use appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled system, there is always a risk of unauthorized access, so it's important to protect your password and to contact us if you suspect any unauthorized access to your account.
The Website takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no system can be 100% secured, so we cannot guarantee that communications between you and the Website, the Website, or any information provided to us in connection with the data we collect through the Website will be free from unauthorized access by third parties. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact us with any concerns.
You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain analytics providers. You can update or terminate your account from within our Website, and can also contact us for individual rights requests about your personal data. Parents who believe we've unintentionally collected personal data about their underage child should contact us for help deleting that information.
You can choose not to provide certain data to us, but you may not be able to use certain features of the Website.
• To stop receiving promotional communications from us, you can opt out by using the unsubscribe mechanism in the promotional communication you receive or by changing the email preferences in your account. Note that regardless of your email preference settings, we will send you transactional and relationship messages regarding the Website, including administrative confirmations, order confirmations, important updates about the Website, and notices about our policies.
• The browser or device you use may allow you to control cookies and other types of local data storage. Your wireless device may also allow you to control whether location or other data is collected and shared.
• To opt out of Google's display advertising or customize Google Display Network ads, visit the Google Ads Settings page.
• To opt out of allowing Google Analytics, please check Google Analytics Opt-out Browser Add-on.
You can access and update your personal data that the Website collects and maintains as follows:
• To update data you provide directly, log into your account and update your account at any time.
• To terminate your account:
- Please visit your profile settings page and follow the steps detailed there.
- If you have any issues terminating your account - contact us.
• To request to access, correct, or delete your personal data, contact us directly. Please allow up to 30 days for a response. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request. Please note that we retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.
We recognize the Privacy interests of children and encourage parents and guardians to take an active role in their children's online activities and interests. Children under 13 (or under 16 in the European Economic Area) should not use the Website. If we learn that we've collected personal data from a child under those ages, we will take reasonable steps to delete it.
Parents who believe that the Website may have collected personal data from a child under those ages can contact us that it be removed.
If you are a California resident, you have the right to request certain details about what personal information we share with third parties for those third parties' direct marketing purposes. To submit your request, contact us with the phrase "California Shine the Light" and include your mailing address, state of residence, and email address.
Since the internet industry is still working on Do Not Track standards, solutions, and implementations, we do not currently recognize or respond to browser-initiated Do Not Track signals.
In operating the Website, we process data as a controller (as such terms are defined in EU General Data Protection Regulation). As a controller, the Website is committed to fulfill data subjects' ("Users") GDPR rights.
Any capitalized terms not defined in this policy are defined as specified in our Terms & Conditions.
Last updated: August 26, 2022