Terms & Conditions
This ACE website has been developed and is updated by Dynevor CIC (Dynevor, we
or us) using a test designed by Prof. Rod Nicolson of Sheffied University
in conjunction with Dyenvor. The test is used to assess an individual's
profile of strengths on a wide range of cognitive and motor skills. The test takes
these abilities and attempts to identify the most appropriate corresponding learning
styles. The test scores present a snapshot of the performance at a particular time
on a particular day. Performance can vary as a function of time of day, illness,
confidence and other factors. Whilst great care has been taken to ensure that the
test provides a robust and valid indicator of learning difficulties, it should be
used only as a first step in accurate diagnosis of difficulties and it is not a
subsitute for a diagnosis by a trained medical professional. This first edition
(2006) has been normed nationally for children from 7 years and for adults
These Terms and Conditions govern your use of the ACE website and your relationship
with Dynevor. Please read the Terms and Conditions carefully as they affect your
rights and liabilities under the law. If you do not agree to these Terms and Conditions,
please do not use or subscribe to the ACE Site.
Use of the ACE site
The ACE test is provided for use by those clients who are (1) fully subscribed to
the Dore Programme, in the UK via an agreement with DDAT (UK) Ltd, CDT Ltd, or Dynevor
CIC, or overseas via an entity that has a franchise agreement to supply the Dore
Programme with one of these UK companies or (2) clients who have been provided with
an authorisation code from their school or workplace which has itself entered into
an agreement with Dynevor to offer the ACE test to an agreed number of pupils or
employees. Clients who have not fully paid for the service or have received a refund
will not be eligible to use the service.
You may be able to access some areas of the ACE Site without registering as a member,
opening an account or entering an authorisation code. However, by accessing any
part of the ACE test Site you agree to be bound by these Terms and Conditions. These
Terms and Conditions do not affect your statutory rights.
Amendments
We reserve the right to update these Terms and Conditions from time to time. You
should periodically review them for changes, although where possible we will try
to bring any changes to your attention by putting a notice on the ACE site. If you
continue to use the ACE site after the date on which any changes come into effect,
your use of the ACE Site indicates your agreement to be bound by the new Terms and
Conditions. If you do not wish to accept the new Terms and Conditions you should
not continue to use the ACE Site and, if applicable, you should cancel your membership
or account. The original Terms and Conditions apply up to the date of cancellation.
Subscription
To create an account or register as a member on the ACE site you must be over sixteen
years of age. You can review your details by signing into your personal account
on the ACE site. You must inform us immediately of any changes to the information
that you provided when registering by updating your personal details.
Payment
Payment for undertaking an ACE test is included within the fees of the Dore Programme
or the fees paid by the relevant school or workplace to gain access to the site
for a specified number of pupils or employees. Details of the fees for the Dore
Programme can be found at www.dore.co.uk.
Password and Security
If you register to become a member or open an account you will be asked to create
a password. You must keep this password confidential and must not disclose it or
share it with anyone. You will be responsible for all activities that occur under
your password. If you know or suspect that someone else knows your password you
should notify us immediately. If Dynevor has reason to believe that there is likely
to be a breach of security or misuse of the ACE site, we may require you to change
your password or we may suspend your account or membership in accordance with the
cancellation section below.
Excluded services
The services provided by the ACE site do not include the provision of a computer
or other necessary equipment to access the ACE site. To use the ACE site you will
require internet connectivity and appropriate telecommunication links. We shall
not be liable for any telephone or other such costs that you may incur. The performance
of our site is optimised when using Internet Explorer 7 as your web browser and
we cannot be responsible for the technical limitations or restrictions experienced
when using other browser technology. We encourage all members to add our email to
their inbox address list to ensure they receive all member communication from us.
We will use reasonable endeavours to send all email communication related with the
service, but cannot be responsible for non-delivery of emails due to email settings
on individual member computers.
Intellectual property
The content of the ACE site is protected by copyright, trade marks, database and
other intellectual property rights. You may retrieve and display the content of
the ACE site on a computer screen, store such content in electronic form on disk
(but not any server or other storage device connected to a network) or print one
copy of such content for your own personal, non-commercial use, provided you keep
intact all and any copyright and proprietary notices. You may not otherwise reproduce,
modify, copy or distribute or use for commercial purposes any of the materials or
content on the ACE site without written permission from Dynevor. No licence is granted
to you in these Terms and Conditions to use any trademark of Dynevor or its affiliated
companies including, without limitation, the trademarks Dore and ACE.
Your use of ACE
Users of the ACE site agree that the tests will only be used by the authorised individual
and is either a client of DDAT (UK) Ltd, CDT Ltd, Dynevor CIC or a non-UK franchise
approved by one of these UK entities. Rights to use this test by any other individual
are specifically excluded.
You may not use the ACE site,for any of the following purposes:
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence,
results in civil liability or otherwise breaches any relevant laws, regulations
or code of practice
- transmitting material containing any form of advertising or promotion for goods
and services, junk mail, chain letters or 'spam'
- gaining unauthorised access to other computer systems
- interfering with any other person's use or enjoyment of the ACE site
- transmitting or storing electronic copies of materials protected by copyright without
the permission of the owner
Dynevor reserves the right to refuse to post material on the ACE site or to remove
material already posted on the ACE site.
You will be responsible for:
- any claim by any third party that the use of the ACE site by you is defamatory,
offensive or abusive, or of an obscene or pornographic nature, or is illegal or
constitutes a breach of any applicable law, regulation or code of practice
- any claim by any third party that the use of the ACE site by you infringes that
third party's copyright or other intellectual property rights of whatever nature
- any fines or penalties imposed by any regulatory, advertising or trading body or
authority in connection with the use of the ACE site by you
Availability of the ACE site
Although Dynevor aims to offer you the best service possible, it makes no promise
that the services at the ACE site will meet your requirements. Dynevor cannot guarantee
that the service will be fault free. If a fault occurs in the service you should
report it to us immediately and we will attempt to correct the fault as soon as
we reasonably can. Dynevor does not suspend or cancel members' accounts or memberships
without prior notification to the member or account holder. Your access to the ACE
site may be occasionally restricted to allow for repairs, maintenance or the introduction
of new facilities or services. Dynevor will attempt to restore the service as soon
as it is reasonably able.
Cancellation of membership or account and refund entitlement
By subscribing to the ACE site you agree that we will make the services on the ACE
site available to you immediately. The provision of these services means that you
will not be entitled to cancel your membership pursuant to the Consumer Protection
(Distance Selling) Regulations 2000, i.e. you will not have the usual cooling-off
period.
If you wish to cancel your account or membership please email us with your request.
Excepting the specific membership terms mentioned below, cancellation will take
affect immediately. You will not be entitled to a refund for any fee already paid
For your own records, we advise you to keep a copy of any request sent. The suspension
or cancellation of your account or membership and your right to use the ACE site
shall not affect either party's rights or liabilities. Dynevor may suspend or cancel
your account or membership immediately at our reasonable discretion or if you breach
any of your obligations under these Terms and Conditions.
Health concerns and use of the site
Users must satisfy themselves that they are mentally, physically and emotionally
capable of carrying out the exercises without incurring or causing any harm. Dynevor
can accept no responsibility or liability for any harm, injury or other loss caused
by following the test. You should not use the ACE site if you are pregnant or have
any medical condition which may affect your ability to carry out the test.
Liability of Dynevor
Although Dynevor will use reasonable skill and care in providing the ACE site, it
gives no other warranties or guarantees in relation to the site. You must bear the
risks associated with the use of the Internet. Dynevor will not be responsible for
any errors or omissions or for the results obtained from the use of such information
or for any technical problems you may experience with the ACE site. If Dynevor is
informed of any inaccuracies in the material on the ACE site we will attempt to
correct the inaccuracies as soon as we reasonably can. In particular, we disclaim
all liabilities in connection with the following:
- incompatibility of the ACE site with any of your equipment, software or telecommunications
links
- technical problems including errors or interruptions of the ACE site
- unsuitability, unreliability or inaccuracy of the ACE site
- inadequacy of the ACE site to meet your requirements
You agree that we will not be liable to you for any losses related to any business
interests that you have, such as lost data, lost profits or business interruption.
Applicable law
These Terms and Conditions shall be governed by and construed in accordance with
the laws of England and any disputes will be decided only by the English courts.
International use
Dynevor makes no promise that materials on the ACE site are appropriate or available
for use in locations outside the United Kingdom and the Republic of Ireland, and
accessing the ACE site from territories where its contents are illegal or unlawful
is prohibited. If you choose to access this site from locations outside the United
Kingdom and the Republic of Ireland you do so on your own initiative and are responsible
for compliance with local laws.
Data and data protection
Dynevor will access and use data either collected by itself (or previously by DDAT
(UK) Ltd or CDT Ltd) in conjunction with feedback received from the ACE system to
determine future tests provided.
Information about each individual client is stored by for the purposes of monitoring
the progress of the tests. Such information includes some personal data. Dynevor
has taken measures to keep such information secure and our policy is not to disclose
it to a third party other than those professionals directly involved in providing
the test.
Please also note that the nature of our work requires research and the publication
of that research may include information about the client that is anonymous but
aggregated with similar information about others such that it is not possible to
identify any individual client. By signing these terms and conditions you consent
to such publication. We use other (non-medical) personal information provided by
clients and their parents or guardians for the purposes of administration, including
collection of money due to us, for which purpose the information may be disclosed
to debt collection and tracing agencies.
You should read our full privacy policy before opening an account or becoming a
member. The policy can be accessed via the ACE homepage.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these
Terms and Conditions. If any provision of these Terms and Conditions is found to
be invalid by any court having competent jurisdiction, the invalidity of that provision
will not affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect.
If you breach these Terms and Conditions and Dynevor ignores this, Dynevor will
still be entitled to use its rights and remedies at a later date or in any other
situation where you breach the Terms and Conditions.
Dynevor shall not be responsible for any breach of these Terms and Conditions caused
by circumstances beyond its control. A person who is not a party to these Terms
and Conditions shall have no right under the Contract (Rights of Third Parties)
Act 1999 to enforce any term of these Terms and Conditions but this shall not affect
any right or remedy of a third party which exists or is available apart from that
Act.
The ACE site is owned and operated by Dynevor CIC, a company registered in England
and whose registered office is at Unit 10 Park Plaza Battlefield Enterprise Park
Shrewsbury Shropshire SY1 3AF.
Dynevor CIC
Needham & James House
Bridgeway
Stratford upon Avon
Warwickshire
CV37 6YY