Terms of Service

Website Terms of Use
These Website Terms of Use set out the terms under which you may use this website, testbuddy.app (“our Site”). Please read these Website Terms of Use carefully and ensure you understand them. It will be deemed that you agree to comply with and be bound by these Website Terms of Use upon your first use of our Site. If you do not agree to comply with and be bound by these Website Terms of Use, you must stop using our Site immediately.

1. Definitions and Interpretation
   1. In these Website Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
      1. “Content” means any and all text, images, audio, video, scripts, code, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and
      2. “We/Us/Our” means New Driver Programme Ltd, a company registered in England and Wales under number 09981078, whose registered office address is 82A, James Carter Road, Mildenhall, Suffolk, IP28 7DE, United Kingdom.

2. Access to Our Site
   1. Access to our Site is free of charge. Access is provided “as is” and “as available”. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.
   2. Content on the Website is provided solely for your information. The Content does not provide you with any advice or recommendation. It must never be used as a substitute for, nor does it replace professional medical advice, diagnosis, assistance or treatment. Remember to consider, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website.

3. Intellectual Property Rights
   1. All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. Applicable intellectual property laws protect all Content.
   2. Subject to clause 3.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Site unless we give you express written permission to do so.
   3. You may:
      1. Access, view, and use our Site in a web browser (including any web browsing capability built into other types of software or app);
      2. Download our Site (or any part of it) for caching;
      3. Print pages from our Site;
      4. Download extracts from pages on our Site; and
      5. Save pages from our Site for later and/or offline viewing.
   4. You must always acknowledge our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate).
   5. You may only use Content saved or downloaded from our Site for commercial purposes after obtaining a licence from us (or our licensors, as appropriate). This does not prohibit our Site’s regular access, viewing and use for general information purposes by business users or consumers.

4. Links to Our Site
   You may link to our Site provided that:
   
   1. You do so fairly and legally;
      1. You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
      2. You do not use any logos or trademarks displayed on our Site without our express written permission; and
      3. You do not do so in a way intended to damage our reputation or take unfair advantage of it. and
      4. You do not do so in a way that is intended to damage our reputation or to take unfair advantage of it.
   2. Framing or embedding our Site on other websites is not permitted without our express written permission.
   3. You may not link to our Site from any other site, the main content of which contains material that:
      1. is obscene, deliberately offensive, hateful or otherwise inflammatory;
      2. promotes violence;
      3. promotes or assists in any form of unlawful activity;
      4. discriminates against, or is in any way defamatory towards, any person or group of people;
      5. is intended or is otherwise likely to threaten, harass, annoy, inconvenience, upset or embarrass another person;
      6. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      7. Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
      8. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
      9. Is made in breach of any legal duty owed to a third party, including, but not limited to, contractual duties and duties of confidence.
   4. The restrictions in clause 4.3 do not apply to Content submitted to sites by other users, provided that the Site’s primary purpose meets with the provisions of clause 4.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such Content. However, you are prohibited from posting links on websites that focus on or encourage the submission of such Content from users.

5. Your Account
   1. Sharing of Accounts is not permitted unless we expressly authorise this in writing. You must keep your Account details confidential and not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. We also recommend the password you choose is strong and secure, containing a combination of letters, numbers and symbols, and is changed regularly.
   2. When using our website, creating an Account or publishing information, you must not submit unlawful or otherwise objectionable Content. This includes, but is not limited to, Content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory. Failure to comply with this clause could result in your Account’s suspension and/or deletion. Further information and restrictions on using our website are detailed in the policies available on the Website.

6. 6. Links to Other Sites

Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the Content of third-party sites. Including a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or those in control.

7. Disclaimers
   1. Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only.
   2. Insofar as is permitted by law, we make no representation, warranty or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
   3. We make reasonable efforts to ensure that the Content on our Site is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that this will be the case.

8. Viruses, Malware and Security
   1. We exercise all reasonable skill and care to ensure our Site is secure and free from viruses and other malware.
   2. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
   3. You must not deliberately introduce viruses, malware or any other malicious or technologically harmful material to or via our Site.
   4. You must refrain from attempting to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer or database connected to our Site.
   5. By breaching the provisions of clauses 8.3 and 8.4, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities, and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in case of such a breach.

9. Acceptable Usage Policy
   1. You may only use our Site in a manner that is lawful. Specifically:
      1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      2. you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
      3. you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
      4. you must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
   2. We reserve the right to suspend or terminate your access to our Site if you materially breach the provisions of this clause nine or any of the other provisions of these Website Terms of Use. Specifically, we may take one or more of the following actions:
      1. Suspend, whether temporarily or permanently, your right to access our Site;
      2. Issue you with a written warning;
      3. Take legal proceedings against you for reimbursement of any and all relevant costs incurred as a result of your breach;
      4. Take further legal action against you as appropriate;
      5. Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
      6. Any other actions which we deem reasonably appropriate (and lawful).

10. Our Liability
    1. 1. To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
       2. To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (express or implied) that may apply to our Site or any Content included.
       3. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or any indirect or consequential loss or damage.
       4. We exercise all reasonable skill and care to ensure our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.
       5. We neither assume nor accept responsibility or liability arising from any disruption or non-availability of our Site resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, legal restrictions or censorship.
       6. Nothing in these Website Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, death or personal injury resulting from negligence, or any other liability that cannot be excluded or restricted by law.

11. 11. Privacy and Cookies

Use of our Site is also governed by our Privacy Policy, which this reference incorporates into these Terms of Use.

12. 12. Changes to these Website Terms of Use

We may alter these Website Terms of Use at any time. Any such changes will become binding upon your first use of our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

13. 13. Contacting Us

To contact us, please email us at support@newdriverprogramme.com.

14. Law and Jurisdiction
    1. These Website Terms of Use and the relationship between you and us (whether contractual or otherwise) will be governed by and construed following the laws of England & Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 14.1 above removes or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.
    4. If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising from them or associated with them (whether contractual or otherwise) will be subject to the exclusive jurisdiction of the courts of England and Wales.
    15. 15. Cancellation Policy

    All sales of our individual courses are final and non-refundable. Once you purchase a course, you will have immediate access to all its content; therefore, we cannot offer refunds. Please note that we do not guarantee that all devices can always access the course content. If you experience technical or performance difficulties, please report them to our support team, but please note that such difficulties do not qualify for refunds.

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Privacy Policy

TestBuddy– Privacy Notice  

We at TestBuddy understand that your privacy is important and that you care about how your data is used and shared online. We respect and value the privacy of our clients and everyone else who visits this website, testbuddy.app (“our Site”) and will only collect and use personal data in ways that are described here and in a manner that is consistent with our obligations and your rights under the law.  

The procedures and principles set out in this Notice will always be followed by us as a company, our employees, sub-contractors or other parties working on our behalf.  

Please read this Privacy Notice carefully and ensure that you understand it. You are deemed to have accepted our Privacy Notice when you first use our Site. If you do not accept and agree with this Privacy Notice, you must stop using our Site immediately.  

I. Definitions and Interpretation  

In this Notice, the following terms have the following meanings:  

“Client” means any individual, firm or corporate body to which we provide our services;  

“Cookie” means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the Cookies used by our Site are set out in section 11 below;  

“Data Protection Laws” means the General Data Protection Regulation 2016/679 (“GDPR”) and Data Protection Act 2018;  

“Personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us by becoming a client of ours or by visiting our Site. This definition shall, where applicable, incorporate the definitions provided in the applicable Data Protection Laws; and  

“We/Us/Our” means New Driver Programme, a company registered in England and Wales under number 09981078, whose registered office is at 82A, James Carter Road, Mildenhall, Suffolk, IP28 7DE, United Kingdom.  

II. What Does This Notice Cover?  

1. This Privacy Notice applies to our use of personal data collected when you become a Client of ours, when you enquire about our services or when you visit our Site; you may choose to upload further personally identifying data through your use of the Site in comments and to message; however, this shall be at your discretion.  
2. Our Site may contain links to other websites, including social media links. Please note that we have no control over how your data is collected, stored, or used by other websites, and we advise you to check the privacy policies of any such websites before providing any data to them.  

III. Your Rights  

As a data subject, you have the following rights under the applicable Data Protection Laws, which this Notice and our use of personal data have been designed to uphold:  

The right to be informed about our collection and use of personal data;  

1. The right of access to the personal data we hold about you (see section 10);  
2. The right to rectification if any personal data we hold about you is inaccurate or incomplete (please get in touch with us using the details in section 12);  
3. The right to be forgotten – i.e., the right to ask us to delete any personal data we hold about you (we only hold your data for a limited time, as explained in section 5, but if you would like us to delete it sooner, please get in touch with us using the details in section 12);  
4. The right to restrict (i.e., prevent) the processing of your data;  
5. The right to data portability (obtaining a copy of your data to re-use with another service or organisation);  
6. The right to object to us using your data for particular purposes; and  
7. Rights concerning automated decision-making and profiling.  

If you have any cause for complaint about our use of your data, please contact us using the details provided in section 12, and we will do our best to solve the problem for you. If we are unable to help, you also have the right to complain to the UK’s supervisory authority, the Information Commissioner’s Office.  

Please contact the Information Commissioner’s Office or your local Citizens’ Advice Bureau for further information about your rights.  

IV. What Data Do We Collect, and How Do We Use Your Data?  

We may collect, use, store, and transfer different kinds of personal data about you, which we have grouped as follows:  

1. Identity Data includes first name, last name, title, username or similar identifier.  
2. Contact Data includes billing address, site address, email address, and telephone numbers.  
3. Financial Data includes bank account and payment card details.  
4. Transaction Data includes details about payments to and from you and other services you purchased from us.  
5. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.  
6. Profile Data includes your username and password, interests, preferences, feedback and survey responses.  
7. Usage Data includes information about how you use our Site and services, including but not limited to comments and messages on the Site.  
8. Marketing and Communications Data includes your preferences in receiving marketing from our third parties and us and your communication preferences.  

All personal data is processed and stored securely for no longer than is necessary or statutorily required in light of the reason(s) for which it was first collected.

We will always comply with our obligations and safeguard your rights under the applicable Data Protection Laws. For more details on security, see section 5 below.  

Purpose/Activity	Type of Data	Lawful basis for processing including basis of legitimate interest
To commence working with you as a new or returning client	Identity   Contact	Performance of a contract with you
To deliver our services to you, including:  (a) Managing payments  (b) Collecting and recovering money owed to us	Identity  Contact  Financial  Transaction  Marketing and Communications	(a) Performance of a contract with you  (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you, which will include:  (a) Notifying you about changes to our terms or website policies  (b) Asking you to leave a review or take a survey	Identity  Contact  Profile  Marketing and Communications	(a) Performance of a contract with you  (b) Necessary to comply with a legal obligation  (c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our services)
To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity   Contact Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)  (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	Identity  Contact  Profile  Usage Marketing and Communications  Technical	Necessary for our legitimate interests (to study how clients use our services, to develop our services, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Site, services, marketing, client relationships and experiences	Technical Usage	Necessary for our legitimate interests (to define types of clients for our services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about services that may be of interest to you	Identity  Contact  Technical  Usage  Profile  Marketing and Communications	Necessary for our legitimate interests (to develop our services and grow our business)

1. With your permission and/or were permitted by law, we may also use your data for marketing purposes, including emailing you with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the applicable Data Protection Laws and the Privacy and Electronic Communications (EC Directive) Regulations 2003.  
2. Third parties whose content appears on our Site may use third-party Cookies, as detailed below in section 11. Please refer to section 11 for more information on controlling Cookies. Please note that we do not control the activities of such third parties nor the data they collect and use, and we advise you to check the privacy policies of any such third parties.  
3. You have the right to withdraw your consent to us using your data at any time and request that we delete it. Unless we have reasonable grounds to refuse to delete it (where this is permitted under the applicable Data Protection Laws), we will do so without delay and within no longer than one month of receiving your request.  
4. We only keep your data for as long as is necessary for light of the reason(s) for which it was first collected. 

V. How and Where Do We Store Your Data?

1. We only keep your Personal Data for as long as we need to in order to use it as described above in section 4, and/or for as long as we have your permission to keep it.
2. We will only store your data in the UK, however, third party processors we use may store data elsewhere, as set out in section 6
3. Data security is very important to us and to protect your data, we have taken suitable measures to safeguard and secure data collected.

VI. Do We Share Your Data?

1. We may sometimes contract with other third parties to supply services to you on our behalf, such as sub-contractors, and in some cases, these third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and following your rights, our obligations, and the obligations of the third party under the law.  
2. We may compile our site’s use statistics, including traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data or any anonymised data that can be combined with other data and used to identify you. Occasionally, we may share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.  
3. We may sometimes use third-party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where we transfer personal data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the applicable Data Protection Laws.  
4. In certain circumstances, we may be legally required to share specific data held by us, which may include your personal data, for example, where we are involved in legal proceedings, complying with legal requirements, a court order, or a governmental authority.  

VII. What Happens If Our Business Changes Hands?

1. From time to time, we may expand or reduce our business, which may involve the sale and/or transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part. Under the terms of this Privacy Notice, the new owner or newly controlling party will be permitted to use that data only for the same purposes for which we originally collected it.  
2. If any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.

VIII. How Can You Control Your Data?

1. In addition to your rights under the applicable Data Protection Laws, set out in section 3, when you submit personal data to us via email or our Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us, which you may do by unsubscribing using the links provided in our emails and at the point of providing your details).  
2. You may also wish to sign up for one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may prevent you from receiving unsolicited marketing. Please note, however, that these services will ensure you receive marketing communications you have consented to receive. 

IX. Your Right to Withhold Information

1. You may access certain areas of our Site without providing any data. However, to use all features and functions available on our Site, you may be required to submit or allow for collecting specific data.  
2. You may restrict our use of Cookies. You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether to disable all cookies or only third-party Cookies. Most internet browsers accept Cookies by default, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device. 

X. How Can You Access Your Data?

1. You have the right to request a copy of any of your personal data held by us (where such data is held). Please contact us for more details using the contact details below in section 12.  

XI. Our Use of Cookies

1. All Cookies used by and on our Site are used following current Cookie law.  
2. We may place and access the following first-party and third-party Cookies on your computer or device, to facilitate and improve your experience of our Site and to provide and improve our services
3. First-party Cookies are those placed directly by us and are used only by us. Third-party Cookies are those placed by websites, services, and/or parties other than us. These Cookies are not integral to the functioning of our Site, and your use and experience of our Site will not be impaired by refusing consent to them.  
4. Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to placing Cookies, you are enabling us to provide you with the best possible experience and service. If you wish, you may deny consent to placing Cookies; however, certain features of our Site may not function fully or as intended.  
5. Certain features of our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are also shown above. Your consent will not be sought to place these Cookies, but it is still essential that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed in clause 10.2, but please be aware that our Site may not work correctly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.  
6. Our Site uses Google Analytics. Website analytics refers to tools used to collect and analyse anonymous usage information, enabling us to understand better how our Site is used. This, in turn, enables us to improve our Site and its services. You do not have to allow us to use these Cookies; however, whilst our use of them does not pose any risk to your privacy or your safe use of our Site, it does enable us to continually improve our Site, making it a better and more helpful experience for you. Google’s privacy policy is available at: google.com/policies/privacy  
7. You can delete Cookies on your computer or device at any time; however, you may lose any information that enables you to access our Site more quickly and efficiently.  
8. It is recommended that you keep your internet browser and operating system up-to-date and consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you need clarification on adjusting your privacy settings. 

XII. Contacting Us

If you have any questions about our Site or this Privacy Notice, please contact us by email at support@newdriverprogramme.com. Please ensure that your query is clear, mainly if it is a request for information about the data we hold about you (as under section 10, above).  

XIII. Changes to Our Privacy Notice

We may change this Privacy Notice occasionally (for example, if the law changes). Any changes will be immediately posted on our Site, and you will be deemed to have accepted the terms of the Privacy Notice on your first use of our Site following the alterations. Please check this page regularly to keep up-to-date. 

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