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23456

Terms and Conditions of Use

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. SHOULD YOU DO NOT AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE PLEASE ADVISED NOT TO USE, SUBSCRIBE OR ACCESS THIS WEBSITE.

SCOPE OF AGREEMENT

Welcome to Edu Mock Tests.

The User Agreement (“Agreement”) by and between Edu Mock Tests (“we”, “us”, “our” or “Edu Mock Tests”) and you (“you” or “your”) governs your use of the Edu Mock Tests website together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Edu Mock Tests Website shall be collectively referred to as the “Services”).

By using or otherwise accessing the Edu Mock Tests, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Services in any manner.

When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with any other terms of use applicable to other Edu Mock Tests owned or controlled websites, as specifically noted on such sites, and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.

AMENDMENTS

We may add, delete or modify any of our Services at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any changes on the Edu Mock Tests Websites, or otherwise. Changes will take effect once we notify you (“effective date”). You can always obtain a current copy of this Agreement at any time on the Edu Mock Tests Websites. If any change is not acceptable to you, you must stop using the Services. Your use of the Services after the effective date shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

INFORMATION AND PASSWORDS

Subscription Period

You may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the Services including, without limitation, your name or your parent’s name, login credentials e.g., your e-mail address and/or applicable payment data. In order to protect (secure) your payment details, third party website, (Pay Pal) shall be used for purchasing all subscription packs.

The subscription packs are designed to provide additional help and practice around the time of State accredited exams and therefore the access will be available to for a limited time only.

You agree to read all required information prior to purchasing any package.

You are required to seek assistance of a parent or caregiver if you are below the age of 18 prior to purchasing the subscription packs.

You represent, warrant and covenant to us that any and all Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information.

You further consent and authorize us to verify your Information as required for your use and access to the Services, as applicable. Your email, password, and any additional codes or passwords are collectively referred to herein as “IDs”. Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances.

You agree that Edu Mock Tests reserves the rights to not refund the cost of the subscription pack for any delays in accessing the services and contents by you.

Edu Mock Tests will not be liable for any loss of time from the user from the date of purchase till the end of the subscription period.

The key objective of Edu Mock Tests initiative is to provide exam like environment. In Basic and Ultra packages for Selective Exams specifically, the tests are designed similar to the demo test and no explanations are provided within these packages keeping the nature of packages in mind.

You agree that Edu Mock Tests is and will not be accountable for any technical errors, unless otherwise stated by the Owner’s of the service during maintenance and or updates.

 

SECURITY OF YOUR ACCOUNT

You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.

Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure

ACCESS TO AND USE OF THE WEBSITE CONTENT AND SERVICES

You may not use or allow others to use, your IDs and/or the Services, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Services, that:

(a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive

(b) violates any law or regulation or the rights of others

(c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services and/or

(d) infringes any intellectual property, privacy or proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.

In addition, you also may not use, nor allow others to use, your IDs, the Services, directly or indirectly, to:

(a) attempt to or disrupt, impair or interfere with, alter or modify the Services or any information, data or materials posted and/or displayed by us or anyone else

(b) act in a way that affects or reflects negatively on us, the Services, or anyone else

(c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations.

EMAIL COMMUNICATION

By supplying your email address upon registration to Edu Mock Tests, you consent to receive program update emails. You may also contact us via CONTACT US tab on the Menu if you have any enquiries, complaints, access related questions, subscription questions and we will endeavor to contact you as soon as convenient.

DISCLOSURE BY LAW

You acknowledge and agree that Edu Mock Tests may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to

a) Protect Edu Mock Tests rights of services and contents.

b) Comply with the law, orders from law enforcement or any Legal Process

INTERNATIONAL USERS

Recognising the nature of the internet, it is a global computer network, interconnected, an electronic communications network, you agree to,

a) Comply with all local rules regarding online conduct and acceptable Content

b) Comply with all applicable laws regarding the transmission of information exported from Australia and the country you are residing.

INTELLECTUAL PROPERTY

The content displayed or otherwise made available via Edu Mock Tests (directly or indirectly), including, without limitation, all text, graphics, images, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same. In addition, all names, service marks, logos, brands, brand names, trade dress and trade names, and any other distinctive identification are trademarks (the “Trademarks”) owned by us in Australia and other countries or licensed to us or our third-party partners.

You acknowledge and agree that any software used in connection with Edu Mock Tests (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

TRADEMARKS AND COPYRIGHTS

You have no rights in or to such Material or Trademarks and you will not use any Material or Trademarks, except as specifically permitted under this Agreement.

You may not do or allow anyone else to do anything with the Material or the Trademarks which is not specifically permitted under this Agreement. 

You may not use or display our Trademarks in any manner without our prior written permission. 

Our Trademarks may not be used in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Unless otherwise specifically set forth on the Edu Mock Tests Websites or we give you written permission, you may only use and access, download and copy the Material (and print a single copy) for your personal use, and you will not alter, erase or otherwise obscure our copyright, trademark proprietary or other notices on the Material.

You acknowledge and agree that the Material is made available for informational and educational purposes only without representation or warranty of any kind. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement are reserved to us.

Prohibited User Activities

You agree not to reproduce, duplicate, translate. Copy, download, sell, photograph, resell, or exploit for any commercial purpose or otherwise (sharing of User ID’s), any material of Edu Mock Tests.

COPYRIGHT COMPLAINTS

Edu Mock Tests respects the intellectual property rights of others. Ed Mock Tests may, under appropriate circumstances and at its sole discretion, disable and/or terminate access to or use of the Services for those users who may be infringing the intellectual property rights of others.

LINKS

Edu Mock Tests may provide, or third parties may provide, links to other Websites (Pay Pal). Because we have no control over such sites, you acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or otherwise made available via such sites.

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services made available on or through any such site or resource.

DISCLAIMER OF WARRANTY

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS, AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE EDU MOCK TESTS WEBSITE AND SERVICES, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE EDU MOCK TESTS WEBSITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. EDU MOCK TESTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE EDU MOCK TESTS WEBSITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. EDU MOCK TESTS DO NOT WARRANT THAT THIS WEBSITE AND ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE, TO THE EXTENT THAT YOU COMMUNICATE WITH US THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES..

FURTHERMORE, EDU MOCK TESTS DO NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDU MOCK TESTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE RESTS WITH YOU. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE RESPONSIBLE FOR THOSE COSTS.

LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EDU MOCK TESTS, ITS LICENSORS OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE EDU MOCK TESTS WEBSITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT EDU MOCK TESTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE MATERIAL OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, FROM FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

INDEMNITY

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon

(a) your breach of the terms and conditions of this Agreement

(b) your use of the Services, and/or

(c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

TERMINATION

We may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.

DISPUTES

This Agreement and your use of the Services will be interpreted under and governed by the substantive laws of the Australia. You agree that exclusive jurisdiction and venue of any dispute with Edu Mock Tests or its licensors, or any of their respective affiliates, officers, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in the New South Wales, Australia. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non-convenience or otherwise.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT WHERE PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

ADDITIONAL

This Agreement may not be modified by anyone except us. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.

Terms and Conditions of Use

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