1.1 These terms of use (“Terms”) apply to your use of the ExcelPrep Application (the “App”). The App is made available by ExcelPrep (“us” “we” or “our” for short).
1.2 These Terms form a binding legal agreement between you, as a user of the App, and ExcelPrep. By downloading, installing and using the App you confirm that you have read, understood and agree to these Terms in their entirety and all other applicable laws. If you do not agree to these Terms in their entirety you must uninstall the application from your mobile device.
1.3 The App enables users to engage in test preparation by answering practice questions and reviewing the correct answers and explanations, where possible.
2.1 Our Privacy Policy sets out important information on how we collect, use, disclose and manage personal information. Please read it carefully. If you do not agree to the terms of that Privacy Policy, then you will need to uninstall the App.
3.1 We hereby grant you a personal, non-exclusive, non-transferable, limited, right to download the App for your own limited, personal, non-commercial and lawful use on your mobile device, provided always that such use is subject to, and in accordance with, these Terms. The App and all content within it is made available to you on a limited license basis, and all rights and title in and to the App and all content within it not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.
3.2 You can disable the App at any time by following the steps below:
3.3 You must not remove or alter any copyright and other proprietary notices contained within the App. Neither the App nor any part of or content within it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without our prior written permission.
3.4 If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the App or any applicable account or service provided by us to you and/or terminate it immediately (where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests).
3.5 You shall compensate and keep us fully protected against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of these Terms, including any use of the App other than in accordance with these Terms.
3.6 Please note that use of the App is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the App which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
4.1 The App and all content, functionality and features within it (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, we disclaim all warranties of satisfactory quality and fitness for a particular purpose and that content, information displayed in or on the App is accurate, complete up-to- date and/or does not infringe the rights of any third party. We do not warrant that the functions contained in the Materials will be uninterrupted or error-free. Unless expressly stated otherwise in this Agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this Agreement.
4.2 We shall not be liable for any damages, loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the App, or any function of the App, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
4.3 While we use reasonable efforts to ensure that the App is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the App assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the App or your downloading of any materials, data, text, images, video or audio from the App. We shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the App .
5.1 Any information, data, reports, analysis and results which are created following your installation of the App on your mobile device (“Data”) shall vest in and be owned by us. You are entitled to access and view this information, or to ask us to stop processing it. Please refer to our Privacy Policy for more detail.
6.1 We reserve the right to make changes to these Terms, or to the functionality, features, feature or content of the App at any time. Changes to these Terms will be announced on our website. Please be sure to visit it regularly. You will need to download a new version of the App if you wish to take the benefit of any changes we may make to it.
7.1 These Terms are personal to you and us and may not be enforced by any third party.