1) Interpretation: In these terms of sale, “we” means buildyourtest which is a sister concern of eat2save ltd. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer (and “your” will be construed accordingly).
2) buildyourtest Services and Features: buildyourtest is an exam preparation framework designed specifically for primary and secondary school entrance exams that is easy, accurate, and reliable. We have digital solutions/web applications that enable both parents and students to access the website. If appropriate or desired, we reserve the right to modify the specifications of our goods. We offer software maintenance services in order to back up our goods.
That are the conditions under which we provide our goods and/or services. From time to time, we can need to amend our terminology to accommodate improvements in applicable laws or regulatory criteria. We will contact you in writing if this is appropriate.
3) General Terms:
a) We will handle all of your sensitive information collected in compliance with your request in accordance with the General Data Security Regulation and all other applicable data protection regulations, as well as our Privacy Notice as amended from time to time.
b) We own all of the intellectual property interests of the goods and services.
c) Parent Account – Only parents are permitted to establish a parent account with us. We ask for your full name, phone number, and email address when you register with us. A parent can build or maintain a pupil account if they have a legitimate account.
d) Pupil Account – The buildyourtest platform does not enable pupils or children to register or develop an account. Parents or guardians who have a legitimate parent account may establish or maintain an account for their child(ren). We should not intentionally gather or solicit personally identifying information from children under the age of eighteen. Please contact us if you are a parent or guardian and believe your child has provided us with personal information. When we discover that we have obtained sensitive data from children without parental permission, we take action to delete that data from our database.
e) Membership – There are currently two licenses available for the buildyourtest site.
buildyourtest FREE – This is a subscription that is free for parents and their children. This free subscription has no expiration date. This subscription does not have all functionality and resources.buildyourtest Paid – This is a paid membership that is available on a monthly and annual basis. A paid membership allows you to use all of the platform's capabilities and is automatically renewed next month. You pay a monthly subscription once a year.
f) Online Mock Exams – Our Prime subscription does not have any online Mock Exams. All of the online mock exams are based on the books mentioned on the mock exam page for the classroom.
g) Classroom Mock Tests - Parents are responsible for scheduling these exams via our online scheduling system. Additional terms and conditions apply to Classroom Mock Exams. This can be found on the Classroom Mock Exams list.
h) Payment Processing – PayPal handles all fees on our website and mobile browser. Subscriptions can only be purchased via the parent site by parents. When a parent purchases a subscription, it is immediately made available to their child (s). All transfers are completed on encrypted PayPal pages outside of the company. We do not store credit card information on our website. We can collect documents and confirmations, such as payment receipts, when you pay for our goods and services, whether from PayPal, app stores, or other third parties handling your payment.
i) We reserve the right to refuse to sell or provide our goods and services to anybody at any time for any reason.
j) Without written permission from buildyourtest, you can not copy or share the application or any other buildyourtest material.
k) You can only use the goods and services for your own personal use and will not resell or exchange your account information with someone else.
l) You can keep your account password and any other identification we give you that gives you access to the services with your user account safe and confidential.
m) You can only use the goods and services for legal purposes; you will not use them for any illegal activities, to inflict disturbance, irritation, or inconvenience, or to commit fraud.
n) You will not attempt to affect the software, services, or program in any manner, and you will not disrupt the product's or services' proper operation,
or the network that enables the application or services' proper operation.
o) You agree to follow all relevant laws from your home country, the country, state, and city in which you are present or using the program or services or using the goods and services or the application. You would not inflict any disturbance, irritation, embarrassment, or property harm to the third-party vendor or any other party as a result of your use of the Services.
p) During the authentication process, you will be asked to provide proof of identity in order to access or use the goods and services, and you accept that if you fail to provide proof of identity, you will be denied access to or use of the facilities.
4) Pricing and Payment: a) Price – The buildyourtest website displays our subscription rates. At any time, buildyourtest reserves the right to adjust the price.
b) Payment Type – All paying subscriptions at buildyourtest are pre-paid and valid for the period specified in the subscription.
c) Currency – buildyourtest uses the British Pound Sterling as the sole currency (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 buildyourtest Subscription at any time. No further payment will be collected once the subscription has been canceled.
b) Refund – if you believe the subscription price applied by the buildyourtest platform is not correct, you have the right to appeal by contacting us through the contact us page. buildyourtest 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. buildyourtest 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. buildyourtest 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 subscriptions you purchase.
6) Intellectual Property Rights:
a) In consideration of you agreeing to the terms and conditions, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our product and services, subject to and under 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 are 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.
7) Limitations of Liability:
a) In no event shall buildyourtest 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) buildyourtest provides the application on an as-is basis and without warranty of any kind. You acknowledge and agree that you use the buildyourtest application and its services at your own risk.
c) In any event, you acknowledge and agree that buildyourtest’s maximum liability under this agreement will be limited to any amount you have paid to use buildyourtest and its services.
a) You agree to indemnify, hold harmless, and defend buildyourtest, its officers, members, employees, agents, and directors from and against any claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorney’s fees, arising out of or with your use of the buildyourtest 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 buildyourtest 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 buildyourtest will not provide you with the right to control buildyourtest’s defense and you expressly agree that buildyourtest has the right to direct and control its defense regardless of your obligation to defend buildyourtest. You shall not enter into any settlement or compromise of any indemnifiable claim without buildyourtest’s written consent.
9) Termination and Suspension:
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 buildyourtest.
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 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 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, libelous, 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.
buildyourtest will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. buildyourtest may involve and cooperate with law enforcement authorities in prosecuting users who violate this agreement. You acknowledge that buildyourtest 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 to operate 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. buildyourtest reserves the right, at any time and without prior notice, to remove or disable access to any collective content that buildyourtest, at its sole discretion, considers violating this agreement or otherwise harmful to the service or application.
11) Governing Law and Dispute Resolution
12) Communication Between Us
b) buildyourtest 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 buildyourtest.
Copyright © 2021 Build Your Test All Rights Reserved