Terms & Conditions

1.0 Definitions

  • You, Your, Client, End-User, Business = Refers to customer of the web site.
  • Company, Our, We, Us, Web site, the service, www.classmarker.com, classmarker.com = ClassMarker

2.0 Notice

The Web site and its content are owned by ClassMarker TM (also known as www.classmarker.com, classmarker.com). This Terms and conditions is an agreement between Customer and ClassMarker and applies to Customer's account(s) with ClassMarker. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. ClassMarker may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers

3.0 Back-Up Files

ClassMarker will make every reasonable effort to protect and backup data for registered Users on a regular basis, however ClassMarker does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, users are solely responsible for independent backup of data stored on ClassMarker website.

3.1 Content

All content added to ClassMarker is held until your account is closed, by you or ClassMarker. Content that is set to be shared to the public will stay on classmarker.com unless ClassMarker removes it. Any content you don't want shared with the public you must not set to be shared within the classmarker.com website. Any content can be removed by ClassMarker at any time. All test content/questions/answers and comments added to ClassMarker are the responsibility of the user adding them. ClassMarker will endeavour to remove any content which is deemed offensive and inappropriate.

4.0 Uptime

ClassMarker cannot guarantee 100% uptime, but does make every effort to keep maximum uptime. ClassMarker takes no responsibility of events caused by any type of computer virus, hackers, server failure and the like.

5.0 You warrant that:-

  • you will keep secure your password/s used to access ClassMarker.
  • No content of the adult nature can be used on ClassMarker if students or teacher is under the legal age to view such content.
  • You accept responsibility for all information and material you issue over ClassMarker, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information that is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through ClassMarker. We do not accept any liability for any loss, claim or damages arising from or relating to information and material available through ClassMarker, to the full extent permitted by the law. You access and use such information and material at your own risk.
  • You are solely responsible for dealing with persons who access your content on ClassMarker, and must not refer complaints or inquiries in relation to such content to us.
  • You have permission to use the externally hosted images you use within ClassMarker, by the creators or owners of those images you use within ClassMarker.
  • You have permission to use the hosting of the images you use within ClassMarker, from whom is responsible for the hosting of those images you use within ClassMarker.

6.0 We are not liable to you or any other person for:-

  • Cost, loss or liability (including loss of profit or other consequential damages) arising from our supply or failure or delay in supplying the Service.
  • The content, context or confidentiality of any communications made by using the Service.

6.1 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:-

  • your breach of these terms;
  • your use or misuse of the Service;
  • the use or misuse of the Service by any person using your account; and,
  • Publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your Service.

Suspension and Termination of Service

7.0 We may from time to time without notice suspend the Service or disconnect or deny access to your Service:-

  • during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practical; or
  • If you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardizing the operation of the Service, until the breach (if capable of remedy) is remedied.

7.1 ClassMarker may without notice to you remove, amend or alter your data upon being made aware of :-

  • any claim or allegation; and
  • any court order, judgment, determination or other finding of a court or other competent body, that the data is defamatory, illegal, offensive or in breach of a third party rights.

7.2 We may end our agreement with you and cease providing Services for any reason immediately.

8.0 Features and Pricing

ClassMarker is a free service with optional upgrades to extra services and features. ClassMarker may change prices or institute new charges for any services or features on ClassMarker.com at any time. Price changes to ClassMarker paid options will apply to subsequent paid membership periods and to all new ClassMarker.com paying users after the effective date of the change. All pricing changes will be posted on the ClassMarker.com site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes.

8.1 Refunds

ClassMarker will refund your purchase providing you contact us for a refund within 30 days of your purchase.

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