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Mock Exam Terms & Conditions
1. These Terms
These Terms and Conditions (the “Terms”) govern the provision of 11 plus mock exam services by MRT. Please read these Terms carefully. By booking a Mock Exam, you accept to be bound by these Terms
2. Information about MRT and how to contact us
We are Marie Redmond Tuition Limited, a company registered in England with registration number 08203788 (“MRT”, “We”, “Us”). You can contact us by calling us at +44 (0) 1494 956 809 or by writing to us at email@example.com
3. Definitions and interpretation
3.1 We use the following definitions in these Terms:
“Child” means the child whom the Client registers to attend a Mock Exam;
“Client” means the person booking Mock Exam(s);
“Mock Exam” means the 11 plus mock exam organised and run by MRT;
3.2 “Client”, “You” and “Your” refers to the Client. “MRT”, “Company”, “We” and “Us”, refers to Marie Redmond Tuition Limited. The “Parties” refers to both the Client and MRT.
4. Booking Mock Exams
4.1 In order to register a child for the Mock Exam(s) and secure their place, you must fill in an online booking form and pay the fee applicable to your booking.
4.2 The child’s place at the Mock Exam is confirmed once we have received your payment and sent you a confirmation email.
4.3 During the online booking process, you are responsible for:
(a) providing accurate and up-to-date emergency contact details; and
(b) notifying us if your Child suffers from any medical conditions, allergies or disabilities that need to be brought to our attention.
4.4 If any of the details set out in 4.3(a) and 4.3(b) above change before the Mock Exam, you must inform us in writing by e-mail at firstname.lastname@example.org.
5. Medical conditions and specific needs
5.1 Please do not send your Child to a Mock Exam if they have any known or suspected condition which may be contagious. If a contagious condition is suspected, your Child should not attend any Mock Exam during the period in which they could be incubating the condition or at any point after contracting the condition when they could still be contagious.
5.2 Any Child who has family members showing any symptoms of a flu-like illness should stay away from Mock Exams until they are fully recovered and free of symptoms. In the instance of sickness or diarrhoea, your Child must have been clear of all symptoms for at least 48 hours before attending a Mock Exam.
5.3 If your Child requires urgent medical attention while under our care, we will attempt to obtain your prior consent if practicable. However, should we be unable to contact you, we shall be authorised to make the decision on your behalf should consent be required for urgent treatment recommended by a doctor.
5.4 In the event that your Child suffers from an allergy or other medical condition and you have notified us about it in accordance with these Terms, the invigilators will take reasonable precautions to accommodate your Child’s needs, however we are unable to guarantee that your Child will not be exposed to any particular allergen.
5.5 Unfortunately, we are currently unable to accommodate children with specific needs that would require them to have extra time for the Mock Exam or to take the Mock Exam in a separate room from other candidates.
6. Arrival and Pick up from the Mock Exam
6.1 You are responsible for ensuring that your Child arrives at the Mock Exam venue at the time indicated in the instructions we send to you in the confirmation email or in any follow-up communications from us. Upon arrival to the Mock Exam venue, you should take the Child to register with our invigilator.
6.2 If your Child is late for the Mock Exam, they will not be admitted to enter the Mock Exam room and no refund will be issued for the missed Mock Exam.
6.3 You are required to collect your Child at the end of the Mock Exam in a timely fashion. If you are late in coming to collect your child by 10 minutes or more, you accept to pay for the waiting time of our staff, charged at £12.60 per each 15 minutes, payable within 24 hours of an email from us.
7. After the Mock Exam
7.1 Once the Mock Exam has taken place, our team will assess and mark the exam papers and we will provide you within a reasonable period of time with a written record of the results obtained by your Child and a written analysis of their performance.
7.2 Whilst we endeavour to provide experience which is very similar to the actual tests, we cannot guarantee that the Child’s performance at the actual exams will reflect or be similar to your Child’s results from the Mock Exams.
7.3 You will be able to access online those questions from the Mock Exams that your Child answered incorrectly. These answers will be available for viewing until the date of the final GL Assessment or CEM tests of the relevant year. By way of example only, in the year 2019 this means until 14 September 2019.
7.4 We reserve a right to withhold or delay provision of the answers to Mock Exams in circumstances where we have a reasonable belief that these may be used contrary to these Terms and in particular, in breach of clause 8 (Intellectual Property).
8. Intellectual Property
8.1 All materials created by us are protected by copyright and are provided to you and your Child for private personal use only. You agree that you will not publish or distribute any portion of any materials without prior written permission from us.
8.2 You agree that you will only use any answers to Mock Exams provided to you by us for the purpose of assisting your Child with analysing their performance and learning. You agree not to make any commercial use of the answers and not to publish or distribute anywhere any portion thereof.
9. Changes or cancellation by the Client
9.1 Should you wish to change or cancel any of the Mock Exams bookings, we will charge you an administration fee in accordance with the rates set out below.
9.2 Should you wish to change your existing Mock Exam booking to an alternative date or paper, you need to notify us by email to email@example.com at least seven (7) days before the date of the Mock Exam originally booked. A £20 administration fee will be charged for each date or paper change. Provided that there is availability for the alternative date or paper and the administrative fee has been paid by you, we will confirm the new booking by e-mail.
9.3 Should you wish to cancel a Mock Exam booking (whether in respect of one or more exams) you need to notify us by email to firstname.lastname@example.org at least seven (7) days before the relevant Mock Exam is due to take place. A £20 cancellation fee will be charged for each cancellation. If you have booked only one Mock Exam, you will receive a refund of the booking less the £20 cancellation fee. If you have booked more than one Mock Exam and you wish to cancel some of them, we will recalculate the fee to take into consideration any revised discounts and the £20 cancellation fee. This is illustrated in the example below:
The Client booked three Mock Exams and paid £165 in total (i.e. £195 less a £30 discount). The Client subsequently cancels one Mock Exam at least seven days before it is due to take place.
The fee is therefore recalculated based on the revised booking of two, instead of three, Mock Exams, i.e. £120 (instead of £165) and taking account of the cancellation fee of £20. This refund equals the original payment for three Mock Exams (£165) less:
(a) the new cost for two Mock Exams (£120); and
(b) the £20 cancellation fee.
£165 – £120 – £20 = £25
Accordingly, upon cancellation in this example, the Client will receive a refund of £25.
9.4 If you cancel a Mock Exam booking less than seven (7) days before that Mock Exam, no refund will be given.
10. Changes or Cancellation by MRT
10.1 Although we make every effort to deliver Mock Exams as scheduled, we reserve the right to change or cancel Mock Exams (or your Child’s spot at the Mock Exam), at any time up to and including the Mock Exam date.
10.2 In the event that we cancel a Mock Exam or the Child’s spot, you will receive a full refund for that Mock Exam. If you booked more than one Mock Exam in the same booking, we will make a pro-rata refund. For example, if three Mock Exams were booked for £165 and one Mock Exam was cancelled, the Client will receive a refund of £55 (one third of £165).
10.3 Our liability for any cancellations due to circumstances within our control is limited to the amount paid by you for the relevant Mock Exam that has been cancelled.
10.4 We are not liable for any Mock Exams cancelled due to circumstances beyond our control including but not limited to adverse weather conditions, natural disasters, an epidemic, civil commotion or riots, collapse of buildings, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts. If such events lead to the cancellation of a Mock Exam, no refund will be given. However, we will endeavour to offer alternative Mock Exams wherever possible.
10.5 We may propose a new date, time and/or location for a Mock Exam, at any time up to including the date of the Mock Exam. Where we propose such a change, you are entitled to choose either to:
(a) accept the new date, time and/or location, or
(b) receive a pro-rata refund for that exam.
11. Exclusions and Limitation of Liability
11.1 All items of personal property that are brought to the Mock Exam venue are entirely at the owner’s risk. We shall not be responsible, nor accept any liability, for any loss or damage to any such items.
11.2 If you are driving to the Mock Exam venue, please park safely and considerately. We are not liable for any damage to vehicles whilst parked in the vicinity of the Mock Exam venue.
11.3 We shall not be liable for any indirect or consequential loss.
11.4 Our maximum liability for breach of these Terms, whether arising in contract, tort, misrepresentation or otherwise, shall not exceed the amount of the fee paid by you to us.
11.5 Nothing in these Terms shall limit any liability for death or personal injury caused by negligence or any other liability which cannot be excluded by law.
12. Data Protection
12.1 In the course of providing our Mock Exams services, we may collect, use, store and transfer different kinds of personal data as follows:
(a) Your / your Child’s /the emergency contact’s identity data such as first name, maiden name, last name, title, date of birth and gender;
(b) Your / the emergency contact’s contact data such as billing address, email address and telephone numbers;
(c) Your Child’s performance data / marks or analysis of their performance;
(d) Your Child’s medical conditions and allergies;
(e) Your financial data such as bank account and payment card details;
(f) Your transaction data such as details about payments from you and refunds from us as well as details of products and services purchased by you from us;
(g) Your technical data such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices that you use to access our website;
(together the “Personal Data”).
12.2 We use the Personal Data in order to:
(a) identify you, your Child and the emergency contact (where it is a different person than yourself);
(b) provide our service to you (this includes processing the booking information, communicating with you in relation to the booking/Mock Exam(s), providing you with an analysis of your Child’s performance after the Mock Exam takes place, among others); and
(c) fulfil our legal obligations.
12.3 We do not share the Personal Data with any third parties, except for Stripe Payments Europe, Ltd. which processes the payments and refunds for us.
(a) Any notice given under or in connection with these Terms shall be in writing and shall be sent by email. Our email address is email@example.com.
(b) Any notice we send to you will be sent to the email address provided by you at the time of the booking (or subsequently notified by you in accordance with these Terms).
(c) Any notice shall be deemed to have been received at the time of transmission.
13.2 Statutory Rights. Your statutory rights are not affected by these Terms.
13.3 Jurisdiction and governing law
(a) These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
(b) The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, their subject matter or formation.
5th July 2019
Marie Redmond Tuition Ltd