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Terms of Use

Terms of Use

1)    Interpretation: In these terms of sale, “we” means eMock LTD (Company number 10088529) (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer (and “your” will be construed accordingly).

 

2)    eMock Services and Features:  eMock is an easy, effective and efficient exam preparation platform exclusively made for primary and secondary entrance examinations. The products we supply are software solutions/web application, which will allow the parent and pupil to access the platform. We reserve the right to change the specification of our products if necessary or desirable. The services we provide are software support services to back up our products.

These are the terms upon which we provide our products and/or services. We may have to revise our terms from time to time to reflect changes in relevant laws or regulatory requirements. If this is necessary, we shall notify you in writing.

3)    General Terms:

a)    We will treat all of your personal information that we collect in connection with your order in accordance with the General Data Protection Regulation and such other data protection legislation as is in force from time to time and in accordance with our Privacy Notice as updated from time to time.

b)    All intellectual property rights in the products and services belong to us.

c)     Parent Account – Only parents are allowed to register with us and create a parent account. When registering with us, we request you to enter your full name, mobile number and email address. A parent with a valid account can create or manage a pupil account.

d)    Pupil Account – pupils/children are not allowed to register or create an account with the eMock platform. Parents or guardians with a valid parent account can create or manage their pupil(s) account. We do not knowingly collect or ask personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.

e)    Subscription – the eMock platform currently has two subscriptions.

  • eMock FREE – This is a free subscription for parents and their associated pupils. There is no end date for this free subscription. Not all features and services are available in this subscription.
  • eMock Prime – This subscription is a monthly paid subscription. This subscription is set to renew every month and allows all features of the platform.

f)     Past Papers – All Past Papers are free to use and is a part of the eMock FREE subscription. Parent/Pupil do not need a prime subscription to practice Past Papers in eMock platform. All copy rights of the Past Papers are belongs to the initial creator of the Past Papers. eMock does not sell Past Papers or its contents.

g)    Online Mock Exams – All online Mock Exams are part of our Prime subscription. In addition to access to all online Mock Exams, the prime subscription also allows access to question and answers of the individual Past Papers.

h)    Classroom Mock Exams - Parents are expected to book these exams via our online booking page. Additional terms and conditions for Classroom Mock Exams are applicable. These are made available in our Classroom Mock Exams page. 

i)    Payment Processing – All payments on our website and web application are managed through PayPal. Only parents are allowed to purchase subscriptions from the parent portal. Once a parent has purchased the subscription, this will be made automatically available to their pupil(s). All transactions are processed externally in secure PayPal pages. We do not hold any credit card details within our platform. When you pay for our products and services, we may receive information and confirmations, such as payment receipts, including from PayPal, app stores or other third parties processing your payment.

j)      We reserve the right to refuse to offer our products and services to anyone for any reason at any time.

k)     You will not copy, or distribute the application or any other eMock content without written permission from eMock.

l)    You will only use the products and services for your own use and will not resell them or share the account details to a third party.

m)      You will keep your account password secured and confidential and any other identification we provide you with which allows access to the services through your user account.

n)   You will only use the product and services for lawful purposes; you will not use our product and services for any unlawful practices, to cause nuisance, annoyance or inconvenience, or for fraudulent purposes.

o)    You will not try to harm the product and services or application in any way whatsoever and will not damage the proper operation of the product and services, or the network allowing for the application or services’ proper operation.

p)    When using the product and services or the application, you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the application or services. You will not in your use of the services cause nuisance, annoyance, inconvenience, or property damage, whether to the third-party provider or any other party.

q)    In certain instances, during the registration process, you may be asked to provide proof of identity to access or use the product and services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity.

r)    If any of the content of this Terms of Use is found to be illegal, invalid or unenforceable under the applicable law, that will have no bearing on the enforceability of the rest of the Terms of Use notice and the illegal, invalid or unenforceable part shall be amended to the minimum extent necessary to make it legal, valid and enforceable.

 

4)    Price and Payment:

a)    Price – Our subscription prices are made visible on the eMock website. eMock reserves the right to change the price at any time.

b)    Payment Type – All eMock’s paid subscriptions are pre-paid and it is valid for a period set in the subscription.

c)     Currency – eMock uses a single currency, British Pound Sterling (GBP).

d)    VAT and other TAX – All charges are inclusive of value added taxes (VAT) or any other applicable taxes or fees.

 

5)    Cancellation and Refund:

a)    Cancellation – You can cancel the eMock Subscription at any time. No further payment will be collected once the subscription has been cancelled.

b)    Refund – if you believe the subscription price applied by eMock platform is not correct, you have the right to appeal by writing to support@eMock.co.uk. eMock will credit your account if we find any errors made in billing your subscription. Refund requests are carried out through other means shall not be eligible for the refund. eMock offers a FREE subscription to explore the features of the platform. Therefore, we do not provide a refund for any subscription that has been used. eMock reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this agreement. You acknowledge and agree that if we terminate the services for misusing or abusing, we are not obliged to refund you any of the subscription you purchase.

 

6)    Intellectual Property Rights:

a)    In consideration of you agreeing to the terms and condition, we grant you a limited, revocable, non-exclusive, non-sub licensable, and non-transferable license to use our product and services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our product and services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

b)    We do not sell our application to you. We remain the owners of the application at all times.

c)     You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the software, the application, and website or, to the extent applicable, any other part of the product and services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the application or software.

d)    The software may contain open source software. Any use, reproduction and distribution of components of the software licensed under an open source software license is governed by  the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license.

e)    You acknowledge that you have no right to have access to the application or other parts of the services (where applicable) in source-code form.

f)     All ownership and intellectual property rights in or to the software, the application, the site or, to the extent applicable, other parts of the product and services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in eMock, or eMock licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from eMock to you or anyone else. You are, as stated above, solely entitled to the limited license to the product and services specifically granted under this Terms of Service. For the purpose of clarification; nothing in these Terms of Use give you the right to use any of eMock trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the services provided to you.

g)    The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms of Use. Furthermore, eMock has the right to, in its sole discretion, at any time remove any materials posted to the site.

 

7)    Limitations of Liability:

a)    In no event shall eMock and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the product and services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.

b)    eMock provides the application on an as-is basis and without warranty of any kind. You acknowledge and agree that you use eMock application and its services at your own risk.

c)     In any event, you acknowledge and agree that eMock’s maximum liability under this agreement will be limited to any amount you have paid to use eMock and its services.

 

8)    Indemnification:

a)    You agree to indemnify, hold harmless, and defend eMock, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorney’s fees, arising out of or in relation to your use of the eMock and its services, your violation of a term or provision of this agreement, or your violation of the rights of a third party.

b)    You agree that your obligation to hold harmless, defend, and indemnify eMock will survive the termination or failure of this agreement and your use of the application and the services. You acknowledge and agree that your obligation to defend eMock will not provide you with the right to control eMock’s defence and you expressly agree that eMock has the right to direct and control its defence regardless of your obligation to defend eMock. You shall not enter into any settlement of compromise of any indemnifiable claim without eMock’s written consent.

 

9)    Termination and Suspension:

a)    These Terms of Use is effective until terminated by you or eMock.

b)    You have the right to cancel or terminate the Terms of Use at any time by sending eMock a cancellation notice to support@eMock.co.uk (the Account will be cancelled and deleted within ten (10) days of receipt of such notice).

c)     You acknowledge and agree that eMock is under no obligation to provide the services, and that eMock shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the of the services and/or the Terms of Use.

d)    On termination for any reason: all rights granted to you under the Terms of Use shall cease; you must immediately cease all activities authorized by the Terms of Use, including your use of any services; you must immediately delete or remove the application, the software and other parts of the services (where applicable) from all devices, and immediately destroy all copies of the same then in your possession, custody or control. eMock shall manage the termination by preventing your access to the account or other parts of the services, where applicable.

 

10)    Other Restrictions:

You may not:

a)    License, sublicense, sell, resell, transfer, assign, distribute, stream, broadcast, lease, publicly display, publicly perform, transmit, or otherwise exploit or make available the services in any way, except as expressly permitted to you in writing by eMock.

b)    Reproduce, modify, make or prepare derivative works based upon, the services.

c)     Link to, frame or mirror any portion of the services.

d)    Decompile, reverse engineer or disassemble the services except as may be permitted by applicable law.

e)    Remove any copyright, trademark or other proprietary notices from any portion of the services.

f)     Access the services in order to build a competitive product or service.

g)    Build a product using similar ideas, features, functions or graphics of any application.

h)    Copy any ideas, features, functions or graphics of any application.

i)      Cause or launch any program or script for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services (including, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second), or unduly burdening or hindering the operation and/or performance or functionality of any aspect of the services or application.

j)     Attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.

k)    You may not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws.

l)      Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violate of third-party privacy rights.

m)   Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

n)    Interfere with or disrupt the integrity or performance of the services or application or the data contained therein.

 

eMock will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. eMock may involve and cooperate with law enforcement authorities in prosecuting users who violate this agreement. You acknowledge that eMock has no obligation to monitor your access to or use of the services, application or collective content or to review or edit any collective content, but has the right to do so for the purpose of operating the services and application, to ensure your compliance with this agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. eMock reserves the right, at any time and without prior notice, to remove or disable access to any collective content that eMock, at its sole discretion, considers to be in violation of this agreement or otherwise harmful to the service or application.

 

11)    Governing Law and Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, your relationship with eMock, including any non-contractual obligations, will be exclusively subject to the jurisdiction of the courts of England and Wales. Notwithstanding the foregoing, eMock shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.

 

12)    Communication Between Us

a)    If you wish to contact eMock, or if any condition in the Terms of Use requires you to give us notice in writing, you can send this to us by e-mail to support@eMock.co.uk.

b)    eMock may use your email address stated in the account profile or any mail address or other address, provided by you in connection with your use of the account, the websites or other parts of the services, or otherwise presented to us in your account with eMock.

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