There is no contract or duration for the monthly subscription. You are welcome to cancel your subscription at any time. The first payment is taken on subscription, and then payments are taken once a month on the same date after.
11+ Practice Papers is an online testing system that delivers unique and tailor made tests that guides student to 11 plus success for the schools listed in our locations tab.
By using the 11+ Practice Papers website you agree to follow these terms and conditions:
Who we are. The 11+ Practice Papers website and associated services are operated by Mistry Maths (Company no. 08944379) of 20 Cow Green, Halifax, HX1 1HX ("we", "us", "our").
How to contact us. You can contact us by telephoning our customer service team at 01422868215 or by writing to us at 20 Cow Green, Halifax, HX1 1HX and by email to firstname.lastname@example.org.
We will contact you by telephone or by writing to you at the email address you provided to us in your order.
1.1 The following terms shall have the meanings as shown below:
"Effective Date" means the date we send you an email accepting your order for access to the Online Platform and our Materials;
"Intellectual Property" means any and all intellectual property rights including patents, trademarks, design rights etc
"Licensed Materials" means the available material on the Online Platform which you have purchased access to from us including, text, information, data, interactive features, images, audio or video materials etc.
"Parties" means you and us.
"Platform" means the interactive online platform provided by us that you may subscribe to.
"Software" means our software provided on the online learning platform.
"Subscription Fees" means the subscription fees payable by you to us according to the package chosen.
"you" "your" means any individual or business who accesses our website and/or is authorised to use our Platform.
2. Our Contract with you
2.2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between us and you.
3. Licensed Materials
3.2 You shall not grant sub-licences, in whole or in part, of any of the Licensed Materials.
3.5 We may require you to cease all use of any of the Licensed Materials if we reasonably believe that your use of this Licensed Materials infringes the Intellectual Property rights of any third party, or breaches any applicable law or regulation. In this instance, we may, at our option either:
(a) provide you with alternative Licensed Materials so as to avoid the infringement; or
4. Licence to use the Platform
4.2 Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties, you may not nor permit others to:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means;
(b) rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Software, on a temporary or permanent basis;
(c) translate, reverse engineer, decompile, disassemble, unbundle, modify or create derivative works based on the Software, except as expressly permitted by law;
(d) vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software, the Platform and the Licensed Materials; or
(e) access all or any part of the Platform and/or the Licensed Materials in order to build a product or service which competes with the Platform and/or the Licensed Materials.
4.3 You undertake to use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and/or the Licensed Materials and, in the event of any such unauthorised access or use, promptly notify us.
5.1 In relation to the Users, you undertake that:
(a) you will not allow or suffer any User Subscription to be used by more than one individual User unless it has been reassigned in its entirety to another individual User, in which case the prior User shall no longer have any right to access or use the Platform and/or the Licensed Materials;
(b) each User shall keep a secure password for his use of the Platform and the Licensed Materials;
6. Provision of the Platform
6.1 We shall use reasonable endeavours to make the Platform and the Licensed Materials available 24 hours a day, seven days a week, except for planned maintenance and unscheduled maintenance.
6.2 We reserve the right at any time to make any modification, change or addition to, or replacement of, the Platform where this is required to conform with any applicable statutory requirements.
6.4 We do not guarantee that the 11+ Practice Papers website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the 11+ Practice Papers website. You should use your own virus protection software.
7. Acceptable Use
7.1 You shall not access, store, distribute or transmit any Viruses in your use of the Platform and the Licensed Materials.
7.2 We may from time to time provide interactive services on the Platform. We will use reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on the Platform and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service on the Platform and we expressly exclude all liability for any loss or damage arising from the use of any interactive service by a User in contravention of our content standards, whether the service is moderated or not.
7.3 The following content standards apply to any and all material which you and Users contribute to the Platform and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
7.4 Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law.
7.5 Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7.6 We will determine, in our sole discretion, whether there has been a breach of these acceptable use standards through your and/or any User's use of the Platform. When a breach of these standards has occurred, we may take such action as we deem appropriate.
7.7 We have the right to remove any posting you and/or any User makes on the Platform if, in our opinion, your and/or any Users post does not comply with the standards set out above.
8. Exercising your right to change your mind if you are a consumer
8.1 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
8.2 Your right as a consumer to change your mind does not apply in respect of digital products after you have started to download, accessed or streamed.
9. Third Party Websites and Internet Use
9.1 Where the Platform or any Licensed Materials contain links to other sites and resources provided by third parties, these links are provided for your and the Users' information only. Such links should not be interpreted as approval by us of those linked websites or information you or Users may obtain from them. We have no control over the contents of those sites or resources.
10.1 We undertake that the Platform will be provided and the Licensed Materials have been developed using reasonable skill and care.
10.2 The undertaking at clause 10.1 shall not apply to the extent of any non-conformance which is caused by use of the Platform and/or the Licensed Materials contrary to our instructions, or modification or alteration of the Platform and/or the Licensed Materials by any party other than us or our duly authorised contractors or agents. If the Platform and/or the Licensed Materials do not conform with the foregoing undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Notwithstanding the foregoing, we:
(a) do not warrant that your use of the Platform will be uninterrupted or error-free; or that the Platform, the Licensed Materials and/or any information obtained by you through the Platform will meet the your requirements;
(b) do not suggest or imply that the use of the Platform and/or the Licensed Materials will result in a pass in any exam nor acceptance at any school; and
(c) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform and access to the Licensed Materials may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
11. Your Obligations
11.1 You shall:
(b) use the Platform and the Licensed Materials in accordance with our reasonable instructions and any laws, regulations and licenses which may apply to your use of the Platform and the Licensed Materials from time to time;
(c) not change, amend or develop the Licensed Materials without our prior written consent;
(d) not resell the Licensed Materials;
(e) only permit the use of the Platform and the Licensed Materials by Users and shall not permit the use of the Platform or the Licensed Materials by any third party;
(f) ensure that the Licensed Materials once downloaded are kept secure and shall prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display and distribution of the Licensed Materials;
(g) not and shall procure Users shall not display, upload or input any Licenced Materials to websites or online platforms (your own, public or commercial) without our prior written authorisation;
(i) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet; and
12. Charges and Payment
12.1 You shall pay the Subscription Fees to us in accordance with this clause 12.
12.2 Unless otherwise agreed with us, you shall on the date you order access to the Platform and the Licensed Materials provide to us valid, up-to-date and complete credit or debit card details or approved purchase order information acceptable to us and any other valid, up-to-date and complete contact and billing details and, if you provide:
(a) your credit or credit card details to us, you hereby authorises us to bill such credit or debit card on the Effective Date for the Subscription Fee payable in respect of the Term;
(b) your approved purchase order information to us, we shall invoice you on the Effective Date for the Subscription Fees payable in respect of the Term and you shall pay each invoice within 28 days after the date of such invoice.
(a) are inclusive of Value Added Tax (if required) and any other applicable taxes, duties and assessments which shall be payable by you in the manner prescribed by law;
(b) shall be payable in pounds sterling; and
(c) are non-cancellable and non-refundable.
12.4 If you fail to make any payment due to us by the due date for payment then, without prejudice to our other rights and remedies, we may:
(a) where you are a business customer, charge interest on the overdue amount at four percent (4%) above the official interest rate of the Bank of England. Such interest shall accrue on a daily basis from the due date of payment until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand by us; and/or
13. Intellectual Property
13.2 Our status (and that of any identified contributors) as the authors of content on the 11+ Practice Papers website must always be acknowledged.
13.3 You grant us a non-exclusive licence to use the school/company/organisation name and logo on our website and other marketing materials.
14.3 The provisions of Clause 15.1 shall not apply to information which:
(d) was developed independently of and without reference to the other Party’s Information; or
(e) is required to be disclosed under operation of law, by court order or by any regulatory body of competent jurisdiction (but then only to the extent and for the purpose required), in which case each Party shall promptly notify the other Party of any such disclosure requirement.
14.4 We shall be entitled to publicise that you have licensed use of the Platform and the Licensed Materials from us in our advertising or promotional materials (including in case studies), press releases, tenders, proposal, speeches, articles and other similar materials.
15. Our responsibility for loss or damage suffered if you are a consumer
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the provision of the Platform and the Licensed Materials.
15.3 If you are a consumer we only supply the Platform and Licensed Materials for to you for domestic and private use. If you use the products for any commercial or business purpose our liability to you will be limited as set out in clause 16.
16.1 This clause 15 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
(a) you assume sole responsibility for results obtained from the use of the Platform and the Licensed Materials by you, and for conclusions drawn from such use;
(c) the Platform and the Licensed Materials are provided to you on an "as is" basis.
(a) death or personal injury caused by its (or its employees’, agents’ or contractors’) negligence; and
(b) fraud or fraudulent misrepresentation; and
(c) any other liability the exclusion or limitation of which is not permitted by law.
16.4 Subject to clause 17.2 and clause 17.3:
17. Term and Termination
(c) where the other party is a company, the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) where the other party is a company, the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(a) by serving written notice on you with immediate effect, if termination is required for legal or regulatory reasons;
(b) on serving fourteen (14) days prior written notice to you if we or our third party suppliers no longer operate or provide any or all of the products or services used in relation to the Platform or the Licensed Materials or intends to cease operating or providing any or all of such products or services in the immediate future. In the event of such a termination there will be no refund of any fees paid.
18. Consequences of Termination
(a) immediately cease to make use of the Platform and the Licensed Materials;
(c) either return or destroy all of our Information, the Licensed Materials or any document containing part thereof, together with all copies of the Information and the Licensed Materials (including all electronic copies and hard copies) and shall on reasonable request provide written confirmation that such steps have been taken.
19. Force Majeure
(a) first class post; or
(b) delivered by hand; or
20.2 A notice shall be sent or delivered to the address or email address specified by you in your order for access to the Platform and the Licensed Materials. A notice shall be sent or delivered to us at 11+ Practice Papers Limited, 20 Cow Green, Halifax, HX1 1HX or by email to email@example.com.
20.3 Notice is deemed given:
(a) in the case of hand delivery – at the time the delivery is made;
(b) in the case of posting– two (2) Working Days after the notice is posted;
(c) in the case of email – one (1) Working Day after transmission.
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