Effective Date: 1st July 2019
This Website is intended for use by educational Mock exam purpose, professional and commercial organizations. By accessing and using this Website (as defined below) or any portion thereof, You accept and agree to be bound by these Terms except.
By using this Website, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age (a Minor), that You are using the Website with the consent of Your parent or legal guardian and that You have received Your parent's or legal guardian's permission to use the Website and agree to its Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold Us harmless if the Minor breaches any of these Terms.
Account means an account registered through the Website.
Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Website.
Material means any Content submitted to the Website by You.
Member means a Registered Member or Paid Member.
Registered Member means a person, or organisation that has registered an Account.
Terms means these website terms and conditions between You and Us.
Service means any services offered by Us through the Website of Mock Exam.
User means any person who uses the Website, including to take tests.
Website means Content, Material, information, features, Tools and Services and Applications We make available through URL at www.Examhere.com, whether currently existing or developed in the future.
2. Access and use of the Website
a. You may access and use the Website subject to these Terms (including the payment of any applicable Fees).
b. You acknowledge and accept that access to and use of parts of the Website, Tools, and Services offered on the Website may:
1. be restricted;
2. be subject to disclaimers, terms and conditions in addition to these Terms; and/or
3. require payment of a Fee.
c. The imposition or removal of any access or use restrictions for any part of the Website is at Our sole discretion.
You agree that You will comply with your obligations under applicable data protection laws and acknowledge that You have provided notice and where required obtained (or will obtain) any consents necessary under applicable data protection laws to allow Us (i) to process Your personal data and that of any Member within Your organization, or of any person You register or provide a pre-registered ID, and (ii) to provide the Services pursuant to these Terms and any Data Protection Addendum.
We will process Member personal data only for the purposes described in these Terms and any Data Protection Addendum, and only in accordance with Your documented lawful instructions.
4. Registering an Account and becoming a Registered Member
a. To register an Account, You must:
1. enter a valid and operating email address, a password and all other information requested in the registration section of the Website; and
2. signify Your acceptance of these Terms.
b. Accepting these Terms is an important part of the registration process and You should carefully read these terms before registering an Account on the Website.
c. You must keep Your Account password confidential. You are responsible for any activities or transactions made using Your Account and We are not liable for any damage or loss which results from unauthorised access to Your Account. You must immediately notify Us of any unauthorised access or use of Your Account of which become aware via the “Contact Us” section of the Site.
d. Your Account is not transferable.
e. Registering an Account and becoming a Registered Member is free.
a. To the maximum extent permitted by law, You will not be entitled to recover any Fees if Your Account is suspended or terminated in accordance with this Agreement.
b. If You terminate Your Account and request a refund:
1. We only agree to fully refund the total value of any course if you paid.You purchased if You request a refund within 30 days of purchase.
2. We only agree to fully refund the total value for any course subscription /You purchased, if You request a refund within 30 days of purchase.
a. We derive Content from sources which We believe are accurate and up to date as of the time of publication and use reasonable commercial endeavors to update such Content, however, We do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content provided via the Website.
b. You indemnify and release Us from all liability for any claim or loss that directly or indirectly results from Your reliance on any Content provided on the Website.
c. We may engage third parties to author, design or provide Content for inclusion in the Website. You acknowledge and agree that in relation to all the Website Content contributed by third parties:
1. any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
2. despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.
a. All Transactions in respect to the payment of Fees will be conducted via a third party's secure website. These Transactions are covered by these Terms and any additional third party terms or conditions. Please ensure that You have read the terms and conditions of the third party responsible for conducting the Transaction.
b. By completing a Transaction, You agree to pay all amounts related to the Transaction including all taxes. We may suspend or terminate Your Account and/or access to the Website if Your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, You expressly authorize Us and/or Our third party payment processor to charge the applicable Fees to said payment method at regular intervals if required by Your particular Paid Membership and utilized Services. You are liable for paying any and all applicable sales and use taxes.
c. You acknowledge and accept that Transactions occurring through the Internet have inherent risks and We are not responsible for any unauthorised:
1. interception, modification or diversion of a Transaction request or delivery of a Tool;
2. access or copying of details relating to a Transaction (including personal or financial information); or
3. failure to deliver a Tool, where that failure is not directly caused by Our deliberate actions.
d. We reserve the right to modify, suspend, reject or cancel any Transaction for any reason.
8. Communications from Us
9. Suspension and Termination
a. We reserve the right, without notice to You and at Our complete discretion, to suspend, terminate or refuse to register Your Account, if We believe You:
1. have breached any part of these Terms;
2. are likely to breach any part of these Terms;
3. fail to pay a Fee;
4. have acted against Our business interests or reputation; or
5. are using the Website in such a way as to cause issues for other users of the Website.
b. You will not be entitled to recover any Fees if Your Account is closed in accordance with this clause 16.
10. Intellectual Property
a. By accessing and using the Website, You acknowledge and agree:
1. We either are the licensee of or own all right, title and interest in the Intellectual Property utilised by or embodied in the Website and You will not hinder, impede, invalidate or challenge Our ownership or right to use or register any part of such Intellectual Property in any way, or do any act which may diminish the value of such Intellectual Property;
2. any use, downloading, copying, adaption, modification, communication or reproduction of any part of Website or the Intellectual Property utilised by or embodied in the Website is strictly prohibited unless necessary for and incidental to Your access and use of Website; and
3. You must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Website, the Content, the Services, or any Intellectual Property therein or thereto.
b. Certain software, including open source software, and other Content provided or available through the Website may be stated to be subject to special or additional rules or conditions which will form part of these Terms.
To the maximum extent permitted by law, the Website and all
Content on the Website is provided on an "as-is, as-available" basis,
and We exclude and disclaim to the maximum extent permitted by law all
guarantees, conditions, warranties or terms of any kind, either express,
implied or statutory, in nature. Further, We explicitly disclaim the
ALL CONTENT, TOOLS OR OTHER DATA ON THE WEBSITE IS PROVIDED AS GENERAL GUIDANCE ONLY AND SHOULD NOT BE USED FOR ANY SPECIFIC PURPOSE OR IN SUBSTITUTION FOR SPECIALISED INDEPENDENT ADVICE.
b. If You have a question or concern about the appropriateness or application of anything on the Website You must seek advice from a relevantly qualified business consultant.
c. We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Website or Content for any particular purpose or specific business or that the Website can be used in relation to any business in substitution for proper specialised independent advice.
d. We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from Your reliance upon the Website or the Website's inability to meet Your needs.
e. The use of and Your reliance upon the Website is entirely at Your own risk. When using Website information will be transmitted over a medium which may be beyond Our jurisdiction or control. Information and files available from the Website cannot be guaranteed to be secure, free from computer viruses or other faults or defects and You should scan and check such data accordingly. We do not warrant and cannot ensure the security of any Material or Content You may transmit to the Website.
f. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website which is beyond Our direct control. For the avoidance of doubt We do not accept responsibility for any interference or damage to Your computer system which may arise in connection with Your use of the Website.
a. To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
b. Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
c. We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.