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Terms & Conditions
- 1.1 We means Marked by Teachers Ltd; and Us, Our and Ourselves shall be construed accordingly.
- 1.2 You means the subscriber; and Your shall be construed accordingly.
- 1.3 Coursework means the essays submitted by You and are available on Our Web Site;
- 1.4 Submitted Coursework means the essays that You send to Us for use on Our Web Site;
- 1.5 Registration Data means all the information that We request from You being a requirement for your subscription;
- 1.6 Registration Fee means the charge You shall pay to access Our Web Site- the charge depends on the duration of Your Registration with Us;
- 1.7 Intellectual Property Rights means, including without limitation, all patents, copyright, design rights (whether registered or unregistered), trade marks, skill and/or know-how and other similar rights, whether existing now and/or in the future, wherever existing in the world together with the right to apply for protection of the same, in the Marked by Teachers website, shall be owned by Us;
- 1.8 Network of Websites means Marked by Teachers Ltd and all its subsidiaries;
- 1.9 Services mean access to a collection of on-line academic resources through subscription, including GCSE, A Level and Higher Education essays throughout Our network of properties.
2. ACCEPTANCE OF TERMS
We provide our Service to You, subject to the following Terms of Service ("TOS"), which may be updated by Us from time to time without notice to you. Please read these TOS carefully before registering as a member on Our Web Site. By registering with Our Web Site, You agree to be bound by the TOS. Any such modification will be effective immediately from the time it is included on Our Web Site. You agree to review these conditions of business regularly to ensure that You comply with them.
3. USE OF OUR WEB SITE
- 3.1 In consideration of your use of the Service, You agree to:
- 3.1.1 provide true, accurate, current and complete information about yourself as in your Registration Data; and
- 3.1.2 maintain and promptly update the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to immediately suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- 3.2 You consent to all communications between You and Us being in electronic form via the e-mail address that You provide to Us in your Registration Data. You agree that such communications will satisfy any legal requirement for the communication to be in writing.
- 3.3 You will ensure that any material, including but not limited to Submitted Coursework, that You send or transmit via the Web Site is legal, decent, honest and truthful.
- 3.4 You shall only use the Service for lawful purposes. You agree to not use the Service to:
- 3.4.1 upload, post, email or otherwise transmit any Coursework that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- 3.4.2 harm minors in any way; harass another;
- 3.4.3 impersonate any person or entity, including, but not limited to Us or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 3.4.4 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Coursework/Submitted Coursework to Us;
- 3.4.5 upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 3.4.6 upload, post, email or otherwise transmit any Coursework that infringes any Intellectual Property rights of a third party;
- 3.4.7 upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- 3.4.8 upload, post, email or otherwise transmit any material that contains software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 3.4.9 disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- 3.4.10 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- 3.4.11 intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
- 3.4.12 collect or store personal data about other users.
- 3.5 You will comply with all generally accepted principles of Internet usage including but not limited to not:
- 3.5.1 copying software or other proprietary materials without the appropriate authorisation; and/or
- 3.5.2 violating the security of Our Web Site or engaging in unauthorised decompilation and/or decryption of protected materials.
- 3.6 We shall have the sole discretion to edit, refuse to post or remove any Coursework that is submitted and/or posted to Our Web Site across our Network of Websites.
- 3.7 You are entirely responsible for all Coursework and other material that you upload, post, email or otherwise transmit via the Service. We shall take all reasonable steps to ensure that the work submitted by You belongs to you and it satisfies our standards. Please note that by submitting work You are declaring that you are the owner of all privileges to that work. However, We act in good faith upon your declaration that you sign when You submit your Registration Data. Under no circumstances will We be liable in any way for any Coursework and / or Submitted Coursework, including, but not limited to, any errors or omissions in any Coursework and / or Submitted Coursework, or any loss or damage of any kind incurred as a result of the use of any Coursework and / or Submitted Coursework posted, emailed or otherwise transmitted via the Service.
- 4.1 Under the Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013, consumers have a legal right to cancel a contract (with some exceptions) during set periods of time. However, special cancellation rights apply in respect of the supply of digital content not on a tangible medium. These special cancellation rules apply to the subscription to access the essays and other materials on Our Web Site, further details of which are set out below.
- 4.2 We will not give you access to Our Web Site until full payment has been received from You by Us, or Your Submitted Coursework has passed Our validation process. Further, We will not give You access to Our Web Site until after the end of the relevant cancellation period unless You confirm that You would like access earlier and acknowledge that You will lose Your right to cancel as a result of access beginning before the end of the cancellation period (the [Sign Up] page provides for this confirmation and acknowledgement).
- 4.3 We will confirm acceptance of Your Registration (subject to clauses 4.1 and 4.2) and will provide You with a username and password (chosen by You during the registration process) by e-mail to the address that You have provided to Us. We advise You to print off a copy of this e-mail for Your records.
- 4.4 You will be fully responsible for the security of Your username and password (except to the extent We have been negligent in relation to the security of your username and/or password) and shall not disclose it to any third party. You are fully responsible for all activities that occur under your password or account.
- 4.5 Please read Our TOS carefully before using Our Web Site. By accessing or using Our Web Site, you agree to be bound by the provisions set out in Clause 3. If you do not agree to be bound in this way, do not continue to access or use Our Web Site.
- 4.6 You will immediately notify Us of any suspected breach of confidentiality or security and/or unauthorised use of Your username and password.
- 4.7 We shall be entitled at Our discretion to refuse Your Registration.
- 4.8 It is your responsibility to ensure that you exit from your account at the end of each session.
- 4.9 We cannot and will not be liable for any loss or damage arising from Your failure to comply with the above.
5. SUBMITTED COURSEWORK
- 5.1 Each submitted piece of work that passes our quality control checks and is subsequently published on the site will receive 1 free day pass. Each free day pass will need to be activated by You and will last for a minimum of 24hrs. You can elect to submit as many documents as you wish, and each document that is subsequently published will receive a 1 day free pass.
- The free pass can be activated at any time you wish within 1 year from issue. Any free passes that are not used within the 1 year period will expire and can no longer be used.
- 5.2 You shall be solely responsible for the content of any piece of Submitted Coursework that You supply and You will ensure that the Submitted Coursework does not contain any inaccurate, misleading and/or offensive information. You guarantee to Us that any Submitted Coursework supplied by You to Us:
- 5.2.1 does not infringe any copyright or other personal or proprietary right of any other person or entity;
- 5.2.2 does not infringe any personal moral rights; and
- 5.2.3 is not immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or does not cause offence.
- 5.3 All work that You submit that passes Our validation system will be subsequently submitted along with Your name to plagiarism detection software (a third party company which is hosted in the United States of America). This will protect Your submitted work against abuse from other users. The plagiarism detection software will store Your submitted work for the sole purpose of plagiarism detection, to safeguard Your work against future reproduction.
6. DOCUMENT MARKING AND REVIEWING
- 6.1 Documents that are marked by teachers have been marked by UK qualified teachers. The marking is done in a formative manner, and is meant as a general guideline to quality and content completeness and does not represent a formal mark.
- 6.2 Documents that are peer reviewed have been reviewed by students with A-A* grades (or equivalent) in the subjects and levels under review. Reviews are meant as a general guide to quality from a peer's perspective and does not represent a formal mark.
- 6.3 Not all documents in our database are marked by a teacher or reviewed by our peer review team. These documents are clearly labelled on the site. We make no warranties that particular documents will be either marked by a teacher or peer reviewed.
7. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
- 7.1 You may only download Coursework from Our Web Site for Your own personal and non-commercial use.
- 7.2 You shall only use the Coursework for research purposes. You shall not pass off or attempt to pass off any Coursework as Your own work. To do so would constitute an infringement of copyright and moral rights and may also breach regulations set out by educational institutions. This will automatically give rights to the owner of such Rights to a legal action against You.
- 7.3 The copyright and any other intellectual property rights on the database, the design, text, pictures, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Web Site belongs to Us absolutely or is licensed to Us.
- 7.4 If You believe that the content of Our Web Site or Coursework in any way infringes Intellectual Property Rights belonging to You or any third party, please contact Us immediately.
- 7.5 With respect to the Coursework You elect to post to other publicly accessible areas of the Service, You grant Us the royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Coursework (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Also see clause 5.3.
- 7.6 You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, COSTS, CLAIMS OR DAMAGES OF WHATSOEVER NATURE, FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF COURSEWORK YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
- 9.1 If You are under the age of 18 years old, You may only register to Our Web Site if You have the consent of a parent or a legal guardian to do so.
- 9.2 By completing Your Registration, You confirm to Us that you are 18 years old or over or that You have the necessary consent of a parent or a legal guardian.
10. REGISTRATION FEE
- 10.1 The Registration Fee is payable by either credit/debit card or by a PayPal account.
- 10.2 All online payment transactions are handled by Paypal. If you pay via credit/debit card your payment details will be stored by Paypal's secure servers only for the lifetime of your subscription. Although we will not store your card details we are PCI DSS compliant (https://www.pcisecuritystandards.org/security_standards/pci_dss.shtml) and are regularly checked by Trustwave (https://www.trustwave.com/compliance.php) to make sure that We are maintaining secure servers to the highest standards of security. We accept no responsibility for an error, omission, negligence of PayPal. For full terms and conditions for PayPal follow the contact link on their website - http://www.paypal.co.uk/uk.
- 10.3 Once your transaction has been completed, You will receive a welcome e-mail from Us confirming your transaction - if you opt to pay via your PayPal Account you will additionally receive email confirmation from PayPal. Your transaction will also appear on your monthly credit card statement (not always the case with PayPal Account - this is dependent on your PayPal account funding). Please keep the above receipts as evidence of your Subscription.
- 10.4 Your username and password will not be validated until Your bank has approved to carry out the transaction.
- 10.5 All monthly and annual subscriptions to Our service are on an automatically renewing basis. You cannot opt out of this. However you can cancel your subscription at any time after your initial payment by following the correct procedure on Our site. Your Registration on expiry, will be automatically extended for the same period of time as Your initial Registration and Your credit/debit card will be automatically debited/credited, unless You cancel or We hear otherwise from You in writing (see "Termination" Clause 12).
- 10.6 Your Subscription with Our Web Site will cease automatically after:
- 10.7.1 the expiry of the days access, granted by Us to You when we accept Your Submitted Coursework; or
- 10.7.2 You cancel your Subscription by credit/debit card, following the correct procedure on the web site. You will always receive a confirmation of cancellation email, please don't assume cancellation has occurred if you haven't received this email, instead contact us to check your membership status for you. Always retain this email as proof of cancellation.
- 10.8 Billing - You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method. You will pay service charges in advance.
- 10.9 Automatic Recurring Billing - Unless and until this Agreement is cancelled in accordance with the terms hereof, you hereby authorize MarkedbyTeachers.com to charge your chosen payment method to pay for the ongoing cost of membership.
- 10.10 - Subscription fees are NOT refundable if you request to cancel or terminate your membership.
- 10.11 - Refunds - We will give refunds where they are genuinely deserved e.g. if our site has not delivered what it should have done.
We are not however able to give refunds in circumstances that are completely down to user error or lack of attention which include failing to cancel your subscription before your renewal date, having two subscriptions and only cancelling one, creating additional accounts and subscriptions without cancelling existing ones.
We are unable to refund payment unless:
(a) we are unable to fulfil your subscription.
(b) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund;
We do however commit to being completely fair and reasonable in deciding whether to give refunds or not. If you wish to apply for a refund, then please contact us.
If you have a query about obtaining a refund, please contact our customer services team.
- 10.12 Cancellation - At any time, and without cause, we may cancel or terminate your access or membership at any time in our sole discretion. You are not entitled to a refund of your subscription fee if you request to cancel or terminate your membership. You are liable for charges incurred by you until termination of service. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
11. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
12. LIMITATION OF LIABILITY
- 12.1 We shall have no Liability in respect of any acts and/or omissions, negligence, by PayPal including but not limited to Liability for the security of information that is passed by You to PayPal.
- 12.2 We shall use Our reasonable endeavours to ensure the security of Our Web Site. We shall have no Liability where the security of Our Web Site is breached due to acts and/or omissions by You and/or where We have taken all reasonable steps to protect the security and integrity of the Web Site.
- 12.3 We shall use Our reasonable endeavours to monitor the material on Our Web Site and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed from Our Web Site upon receipt of notice of any such material.
- 12.4 Any postings on the Web Site contain the questions, views, opinions and/or advice of -You and are not Ours.
- 12.5 We shall have no liability to You for any (including but not limited to):
- 12.5.1 direct, indirect, incidental, consequential losses or damages;
- 12.5.2 loss of profits and/or damage to goodwill;
- 12.5.3 use or inability to Use the Service;
- 12.5.4 loss of and/or corruption of data or other intangible loss;
- 12.5.5 transmission of virus and/or any other harmful code;
- 12.5.6 missed deadlines and/or failed exams;
- 12.5.7 damages, loss of data due to the network provider failure;
- 12.5.8 unauthorised access to or alteration of Your Coursework or any other data;
- 12.5.9 damage to your computer, loss of data resulting to the download of any Coursework from Our Web Site, be it from the result of software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 12.5.10 conduct of any third party
- 12.6 Our total Liability to You in relation to any one claim shall not exceed 100% of the initial Registration Fee (excluding automatic renewal fees paid) that You have paid to Us.
- 12.7 Nothing in these TOS shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which we are not permitted to exclude or limit as a matter of law.
- 12.8 Nothing in this Contract shall exclude any of Your Statutory Rights as a consumer.
- 12.9 YOU FURTHERMORE ACKOWLEDGE THAT:
- 12.10.1 THE USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY DESCRIPTION AND QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
- 12.10 WE MAKE NO WARRANTIES THAT:
- 12.10.1 THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
- 12.10.2 THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
- 12.10.3 ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- 13.1 We may terminate this Agreement immediately if You at any time:
- 13.1.1 breach the TOS; and/or
- 13.1.2 are suspected and/or found to be guilty of plagiarism or infringement of copyright in relation to any material provided by Us to You.
- 13.2 Either party may terminate this Agreement for any reason
- 13.2.1 for Us by giving you a 30 day written notice;
14. GOVERNING LAW
These TOS shall be governed by English law and the Parties agree to submit to the non exclusive jurisdiction of the English courts.
- 15.1 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You.
- 15.2 No variation to these TOS shall be binding on Us unless agreed in writing between You and one of Our authorised representatives.
- 15.3 Our employees, writers and/or agents are not authorised to make any representations or warranties concerning Our Web Sites and/or the services that We offer unless confirmed by Us in writing. You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.
- 15.4 No waiver by Us of any breach of the TOS shall be considered as a waiver of any subsequent breach of the same provision or other provision.
- 15.5 If any provision of these TOS is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the TOS and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
- 15.6 We shall have no liability to You for any delay or failure in performance of this Service to the extent that such delay or failure is due to any event outside Our reasonable control including but not limited to failures of the Internet, computer equipment, telecommunication equipment, other equipment, electrical power, acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, non-performance of third parties, and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
- 15.7 All third party rights are excluded and no third party shall have any right to enforce the TOS.
16. OUR DETAILS
- 16.1 The Web Site is owned and operated by Marked by Teachers Ltd.
16.2 To contact us please Click Here
Our support team are here to help, Monday to Friday from 10.30am to 5.30pm UK time.