Terms and Conditions

This agreement applies as between you, the User of this Website and First Due Brands, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

Unauthorized reproduction or distribution of First Due Fire Exams materials is prohibited. Do not, under any circumstance, share actual exam materials; doing so violates Civil Service rules. First Due Fire Exams does not guarantee a passing exam score. While every effort is made to provide accurate and up-to-date information, errors or omissions are possible. All sales are final. Study materials are for educational purposes only and should not be considered legal or official guidance. Nothing provided should be interpreted as legal, procedural, or HR advice. Use of the materials is at the user’s own risk.
USER AGREEMENT FOR FIRST DUE FIRE EXAMS
Effective Date: [08/01/2025 ]
Last Updated: [08/01/2025]
This User Agreement ("Agreement") is a legally binding contract between you ("User," "you," or "your") and First Due Fire Exams, LLC, a Massachusetts Limited Liability Company ("Company," "we," "us," or "our"), governing your access to and use of our online fireman training platform, courses, materials, and related services (collectively, the "Services").
BY CLICKING "I ACCEPT," REGISTERING FOR AN ACCOUNT, ACCESSING THE SERVICES, OR USING ANY COURSE MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING OUR PRIVACY POLICY AND ANY COURSE-SPECIFIC GUIDELINES.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
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1 ACCEPTANCE AND MODIFICATIONS
1.1 Binding Agreement
This Agreement constitutes a binding legal contract between you and the Company. This Agreement governs your access to and use of the https://firstduefireexams.learnworlds.com/ website, including any content, functionality, and services offered on or through (the "Site"). This Agreement incorporates by reference, to the extent applicable to end users, the Terms of Service of LearnWorlds located at https://www.learnworlds.com/terms/. By using the Services, you represent that you are at least 18 years of age and have the legal capacity to enter into this Agreement.
1.2 Modifications to Terms
The Company reserves the right to modify, amend, or update this Agreement at any time. We will provide notice of material changes by posting the updated Agreement on our website with a new "Last Updated" date or by sending notice to your registered email address. Your continued use of the Services following such notice constitutes acceptance of the modified terms. You are responsible for reviewing this Agreement periodically.
1.3 Additional Terms
Specific courses or services may have additional terms, conditions, or requirements. Such additional terms are incorporated into this Agreement by reference and govern your use of those specific offerings.
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2. SERVICES AND LICENSE GRANT
2.1 Description of Services
The Company provides online educational training courses, materials, videos, documents, and resources related to fire safety, firefighting techniques, emergency response, and related topics (collectively, "Course Content"). The Services are designed for educational and training purposes only.
2.2 Limited License
Subject to your compliance with this Agreement and payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Course Content solely for your personal, non-commercial educational purposes during the term of your enrollment or subscription.
 2.3 License Restrictions
You may NOT:
• Copy, reproduce, distribute, publish, display, perform, or create derivative works from the Course Content
• Share your account credentials or access with any third party
• Download, record, screenshot, or capture Course Content except where expressly permitted by the Company in writing
• Use the Course Content for any commercial purpose or monetary gain
• Reverse engineer, decompile, or disassemble any technical aspects of the Services
• Remove, obscure, or alter any copyright notices, watermarks, or proprietary markings
• Use the Services in any manner that violates applicable laws or regulations
• Circumvent any technological measures designed to control access to the Services
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site;
• Intentionally or unintentionally violate any applicable local, state, national, or international law;
• Collect or store personal data about other users of the Site without their express consent;
• Use the Site to transmit or facilitate the transmission of any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
2.4 Reservation of Rights
All rights not expressly granted to you in this Agreement are reserved by the Company. The Course Content and Services are protected by United States and international copyright, trademark, and other intellectual property laws.
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3. INTELLECTUAL PROPERTY RIGHTS
3.1 Company Ownership
The Company retains all right, title, and interest in and to the Services and Course Content, including all intellectual property rights therein. This includes, but is not limited to, all text, graphics, videos, audio recordings, photographs, illustrations, trademarks, service marks, trade names, logos, course curriculum, training methodologies, and software (collectively, "Company IP").
3.2 Trademark Notice
First Due Fire Exams, [Logo], and [Course Names] are trademarks or registered trademarks of the Company. You may not use any Company trademarks without prior written permission.
3.3 Copyright Notice
All Course Content is protected by copyright law. ©2026, First Due Fire Exams LLC. All rights reserved. Unauthorized reproduction, distribution, or use of Course Content is strictly prohibited and may result in civil and criminal penalties.
3.4 Third-Party Materials
Certain Course Content may incorporate materials licensed from third-party publishers or content providers. You acknowledge that such third-party materials are subject to additional restrictions and that you must comply with all applicable license terms.
3.5 User-Generated Content
If you submit any content to the Services (such as questions, comments, feedback, or forum posts), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and promoting the Services. The Company reserves the right to terminate this Agreement upon written notice to any user who submits content that harasses another user, is sexually explicit, or violates any state or federal laws.
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4. REGISTRATION AND ACCOUNTS
4.1 Account Creation
To access the Services, you must create an account by providing accurate, current, and complete information as requested in the registration process. You agree to maintain and promptly update your account information to keep it accurate and current.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials (username and password). You agree to:
• Use a strong, unique password
• Not share your credentials with any third party
• Immediately notify the Company of any unauthorized use of your account
• Accept responsibility for all activities occurring under your account
4.3 Account Termination
The Company reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of this Agreement, fraudulent activity, or conduct harmful to the Company or other users.
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5. FEES, PAYMENT, AND REFUNDS
5.1 Course Fees
Access to certain Services requires payment of fees as specified on our website or in course descriptions. All fees are in U.S. dollars unless otherwise stated.
5.2 Payment Terms
Payment is due at the time of registration unless alternative payment arrangements have been made in writing. You authorize the Company to charge your designated payment method for all applicable fees.
5.3 Subscription Services
If you enroll in a subscription-based service, your payment method will be automatically charged on a recurring basis according to the selected billing cycle until you cancel. You must cancel at least 7 business days before the next billing date to avoid charges for the subsequent period.
5.4 No Refund Policy
**ALL SALES ARE FINAL. THE COMPANY DOES NOT OFFER REFUNDS OR CREDITS FOR PARTIAL USE, UNUSED PORTIONS OF SUBSCRIPTIONS, OR DISSATISFACTION WITH COURSE CONTENT, EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY STATED IN A COURSE-SPECIFIC REFUND POLICY. NO REFUNDS FOR EXAM CANCELLATION**
5.5 Price Changes
The Company reserves the right to change fees at any time. Price changes will not affect courses for which you have already paid, but will apply to future purchases or subscription renewals.
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6. EDUCATIONAL DISCLAIMER AND LIMITATIONS
6.1 Educational Purpose Only
**THE SERVICES ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE COURSE CONTENT DOES NOT CONSTITUTE PROFESSIONAL ADVICE, CERTIFICATION, ACCREDITATION, OR QUALIFICATION TO PERFORM ANY FIREFIGHTING, EMERGENCY RESPONSE, OR FIRE SAFETY ACTIVITIES.**
6.2 No Certification or Credentials
Completion of any course does not:
• Certify you as a firefighter or fire safety professional
• Qualify you for employment in any fire department or emergency services organization
• Satisfy any licensing, certification, or regulatory requirements
• Replace hands-on training, practical experience, or official certification programs
6.3 Supplemental Training Only
The Services are intended to supplement, not replace, official fire safety training programs, department training, or required certifications. You are solely responsible for ensuring that you meet all applicable requirements for your intended profession or activities.
6.4 Accuracy of Information
While the Company strives to provide accurate and current information, fire safety standards, techniques, and regulations change frequently. The Company makes no warranty regarding the accuracy, completeness, or currency of the Course Content. You are responsible for independently verifying all information and ensuring compliance with applicable laws and regulations. Errors and Omissions are possible.
6.5 Physical Activity Warning
**CERTAIN TRAINING ACTIVITIES MAY INVOLVE PHYSICAL EXERTION, DEMONSTRATION OF TECHNIQUES, OR PRACTICAL EXERCISES. YOU SHOULD CONSULT A PHYSICIAN BEFORE ENGAGING IN ANY PHYSICAL TRAINING ACTIVITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY INJURIES SUSTAINED WHILE PRACTICING TECHNIQUES OR EXERCISES PRESENTED IN THE COURSE CONTENT.**
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7. DISCLAIMER OF WARRANTIES
**TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:**
7.1 "AS IS" Provision
**THE SERVICES AND COURSE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR QUIET ENJOYMENT.**
7.2 No Guarantee of Results
**THE COMPANY DOES NOT REPRESENT OR WARRANT THAT:**
• The Services will meet your requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• Any information obtained through the Services will be accurate or reliable
• Any defects or errors will be corrected
• The Services are free from viruses or other harmful components
• Use of the Services will result in any particular outcome, skill level, employment, or certification
 7.3 Technical Limitations
The Company does not warrant that the Services will be compatible with your computer, mobile device, or internet connection. You are solely responsible for ensuring you have appropriate equipment and internet access to use the Services.
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8. LIMITATION OF LIABILITY
**TO THE MAXIMUM EXTENT PERMITTED BY MASSACHUSETTS LAW AND APPLICABLE FEDERAL LAW:**
8.1 Exclusion of Damages
**IN NO EVENT SHALL THE COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:**
• Lost income, profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Personal injury or property damage
• Emotional distress
• Loss of employment or professional opportunities
**THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.**
8.2 Cap on Liability
**TO THE EXTENT THAT LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.**
8.3 Essential Terms
You acknowledge and agree that the disclaimers and limitations in this Agreement are essential elements of the bargain between you and the Company, and that the Company would not provide the Services without these limitations.
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9. INDEMNIFICATION
9.1 Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless the Company, its owners, officers, directors, employees, agents, contractors, licensors, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) arising out of or related to:
• Your access to or use of the Services
• Your violation of this Agreement
• Your violation of any law, regulation, or third-party right
• Your User-Generated Content or any content you submit
• Any injury, death, or property damage caused by your actions or omissions in connection with the Services
• Your unauthorized use or reproduction of Course Content
• Any misrepresentation of your qualifications, certifications, or authority based on completion of our courses
 9.2 Defense and Settlement
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with the Company's defense of such claims.
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10. DISPUTE RESOLUTION AND ARBITRATION
10.1 Informal Dispute Resolution
**BEFORE INITIATING ARBITRATION OR ANY LEGAL PROCEEDING, YOU AGREE TO FIRST CONTACT THE COMPANY IN WRITING TO ATTEMPT TO RESOLVE ANY DISPUTE INFORMALLY.** Written notice should be sent to First Due Fire Exams, Registered Agents Inc. - 82 Wendell Ave. - STE 100 - Pittsfield, MA. 01201 or firstduefireexams@gmail.com, describing the nature of the dispute and the relief sought. The parties agree to negotiate in good faith for a period of thirty (30) days to resolve the dispute before proceeding to arbitration.
10.2 Binding Arbitration Agreement
**YOU AND THE COMPANY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, OR YOUR RELATIONSHIP WITH THE COMPANY (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU OR THE COMPANY MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY AND REMAIN IN SMALL CLAIMS COURT.**
10.3 Arbitration Rules and Procedure
Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitration shall be conducted as follows:
• The arbitration shall be administered by a single neutral arbitrator selected in accordance with the AAA Rules
• The arbitration shall take place in Norfolk or Suffolk County, Massachusetts, or at another location mutually agreed upon by the parties
• The arbitrator's decision shall be in writing and shall include findings of fact and conclusions of law
• The arbitrator shall apply the substantive law of the Commonwealth of Massachusetts (without regard to its conflict of laws principles) and may award any relief that would be available in court, except to the extent otherwise waived in this Agreement
• Either party may seek provisional remedies from a court of competent jurisdiction as necessary to protect their rights pending completion of arbitration
10.4 Costs of Arbitration
Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a party's claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party. The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with this Agreement, unless the arbitrator finds your claims to be frivolous.
10.5 No Class Actions
**YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.** Unless both you and the Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative, class, or collective proceeding.
10.6 Waiver of Jury Trial
**BY AGREEING TO ARBITRATION, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.**
10.7 Waiver of Right to Court Proceeding
**YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR DISPUTE, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 10.**
10.8 Opt-Out Right
**You have the right to opt out of this arbitration agreement.** To opt out, you must send written notice to the Company at [Company Address] within thirty (30) days of first accepting this Agreement. Your opt-out notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of this Agreement will continue to apply, but neither you nor the Company will be required to arbitrate disputes.
10.9 Severability of Arbitration Clause
If any portion of this arbitration provision is found to be unenforceable or unlawful for any reason, including but not limited to the class action waiver: (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact on the remainder of the arbitration provision or the parties' ability to compel arbitration of any remaining claims; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration.
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11. GOVERNING LAW AND JURISDICTION
11.1 Governing Law
This Agreement and any dispute arising out of or relating to this Agreement or the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.
11.2 Exclusive Jurisdiction
To the extent that arbitration does not apply or has been opted out of, you and the Company agree that any legal action or proceeding arising out of or related to this Agreement or the Services shall be brought exclusively in the state or federal courts located in Norfolk of Suffolk County, Massachusetts, and you consent to the personal jurisdiction of such courts.
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12. TERMINATION
12.1 Termination by You
You may terminate this Agreement at any time by discontinuing use of the Services and closing your account. Termination does not entitle you to any refund of fees paid.
12.2 Termination by Company
The Company may suspend or terminate your access to the Services immediately, with or without notice, for any reason or no reason, including but not limited to:
• Violation of this Agreement
• Fraudulent, abusive, or illegal activity
• Requests by law enforcement or government agencies
• Unexpected technical issues or problems
• Extended periods of inactivity
12.3 Effect of Termination
Upon termination:
• Your license to access and use the Services immediately terminates
• You must cease all use of the Course Content
• The Company may delete your account and all associated data
• Sections of this Agreement that by their nature should survive termination shall remain in effect, including but not limited to Sections 3 (Intellectual Property Rights), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 10 (Dispute Resolution and Arbitration), and 11 (Governing Law)
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13. PRIVACY AND DATA COLLECTION
13.1 Privacy Policy
Your use of the Services is subject to Learn.World’s Privacy Policy, set forth at https://www.learnworlds.com/privacy-policy/ which is incorporated into this Agreement by reference. By using the Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
13.2 Data Security
While the Company implements reasonable security measures to protect your information, no system is completely secure. The Company cannot guarantee the security of information transmitted through the Services and is not responsible for unauthorized access to your account or data.
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14. GENERAL PROVISIONS
14.1 Entire Agreement
This Agreement, together with the Privacy Policy and any course-specific terms, constitutes the entire agreement between you and the Company regarding the Services and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties.
14.2 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
14.3 Waiver
The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.
14.4 Assignment
You may not assign, transfer, or delegate this Agreement or your rights and obligations hereunder without the Company's prior written consent. The Company may freely assign this Agreement without restriction. Any attempted assignment in violation of this section is void.
14.5 No Third-Party Beneficiaries
This Agreement does not create any third-party beneficiary rights. No person or entity not a party to this Agreement shall have any right to enforce any term of this Agreement.
14.6 Force Majeure
The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions. This includes Website/Server outages.
14.7 Notices
All notices required or permitted under this Agreement shall be in writing and delivered to:
**Company Address:**
First Due Fire Exams LLC
Registered Agents Inc. - 82 Wendell Ave. - STE 100 - Pittsfield, MA. 01201
Firstduefireexams@gmail.com
Notices to you may be sent to the email address associated with your account and shall be deemed delivered upon sending.
14.8 Relationship of Parties
Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship between you and the Company. You have no authority to bind the Company or to make representations on its behalf.
14.9 Headings
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
14.10 Survival
All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.
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15. ACKNOWLEDGMENT AND CONSENT
**BY CLICKING "I ACCEPT," REGISTERING FOR AN ACCOUNT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:**
• You have read and understood this entire Agreement
• You agree to be bound by all terms and conditions
• You understand that the Services are for educational purposes only and do not confer any professional certification, qualification, or credentials
• You acknowledge the physical risks associated with training activities
• You understand and agree to the arbitration provisions, class action waiver, and jury trial waiver in Section 10
• You acknowledge the limitations of liability and disclaimers of warranties
• You consent to the collection and use of your information as described in the Privacy Policy
• You have the authority to enter into this binding Agreement
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16. CONTACT INFORMATION
If you have questions about this Agreement or the Services, please contact us at:
First Due Fire Exams LLC
First Due Fire Exams LLC
Registered Agents Inc. - 82 Wendell Ave. - STE 100 - Pittsfield, MA. 01201
Firstduefireexams@gmail.com
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**EFFECTIVE DATE: 08/01/2025
**LAST UPDATED: 08/01/2025
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**© 2026 First Due Fire Exams LLC. All Rights Reserved.**

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that First Due Brands makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the First Due Brands proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that First Due Brands makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by First Due Brands Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (firstduefireexams.learnworlds.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means First Due Brands, a company incorporated in [COUNTRY] with Company registration Number [123456] , located at [Address].

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of First Due Brands, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable [COUNTRY] and International intellectual property and other laws.
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of First Due Brands or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site firstduefireexams.learnworlds.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at firstduefireexams@gmail.com or call us in the following number: your_number.

9. Use of Communications Facilities

  • 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 9.1.1 You must not use obscene or vulgar language;
  • 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 9.1.3 You must not submit Content that is intended to promote or incite violence;
  • 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
  • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 9.1.6 You must not impersonate other people, particularly employees and representatives of First Due Brands or Our affiliates; and
  • 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
  • 9.2 You acknowledge that First Due Brands reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that First Due Brands may retain copies of any and all communications made to Us or using Our System.
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

  • 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit Payment Information where permission may be required; and
  • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

  • 11.1 Either First Due Brands or you may terminate your Account. Explanation of termination is not required from either party. Violating any rules, ethics, laws, suspicious behavior, theft of IP or other improper behavior or patterns can result in instant removal from the site without a refund.  Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 11.2 

12. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from First Due Brands correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
    *** All Purchases are FINAL. There are NO REFUNDS under any circumstances, including but not limited to, Exam Cancellation or rescheduling ***

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between First Due Brands and you.
  • 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 13.2.3 Relevant times and dates for the provision of the Services;
  • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 First Due Brands shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.8 First Due Brands provides technical support via our online support forum and/or phone. First Due Brands makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from First Due Brands. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at firstduefireexams@gmail.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between First Due Brands and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: firstduefireexams@gmail.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
  • 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
  • 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
  • 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
  • 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (firstduefireexams.learnworlds.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 16.2 We may use your personal information to:
  • 16.2.1 Provide Our Services to you;
  • 16.2.2 Process your payment for the Services; and
  • 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
  • 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

  • 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. First Due Brands uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts .
  • 20.3 Nothing in these Terms and Conditions excludes or restricts First Due Brands's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and First Due Brands.

24. Communications

  • 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to firstduefireexams@gmail.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and First Due Brands shall be governed by and construed in accordance with the Law of England and Wales and First Due Brands and you agree to submit to the exclusive jurisdiction of [COUNTRY].
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