Terms & Conditions
Mark Mate Subscription Terms and Conditions
​
1. User Registration
2. Your Account
3. Verification of Account Information
4. Payments
5. Processing of Account Payments
6. Renewals
7. Cancellations & Refunds
8. Directions for Cancelling Your Account
9. Data Processing Agreement
1. USER REGISTRATION
To obtain full access to our Services, you will be required to complete a subscription. You will be asked to (i) provide certain registration details or other information; (ii) to establish an account specific to you (“UserName” “E-Mail Address” “Password”) by choosing the Service plan to be provided by us under the terms and pricing set forth at https://login.markmate.co.uk/teachers/sign_up; and (iii) to pay a subscription fee. By signing up for Your Subscription, you agree to pay the fees (“Monthly/Yearly Subscription”) designated for the Service plan you selected.
​
To create Your Account, Log-In and/or to participate in any services offered by Mark Mate, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms. Specifically, you agree that:
​
· You are either (i) the age of legal consent or (ii) you are a minor over the age of thirteen (13) years old and have obtained your parent’s (or your legal guardian’s) permission, for accessing the Site under the laws of any jurisdictions that apply to you. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;
· All information that you provide in your registration form for the purposes of establishing “Your Account” is true and correct and you will promptly notify us of any changes to such information;
· You acknowledge that in establishing “Your Account” you have provided us with certain personal information about you. All information collected will be used only to improve your service for Mark Mate and will never be sold to any third parties. Please see our Privacy Policy for further information;
“Your Account” is for your sole use only and must not be used by any third party. You shall not allow any third party to use “Your Account”, password, Log-In or User ID to access or use the Site to arrange, enter, and/or participate in services, or for any other purposes. We take no responsibility for any third party access to Your Account. You shall notify us promptly of any unauthorised use of your password and identification and/or breach. You accept responsibility for all activities that occur under Your Account, User ID or password and such use shall be deemed to be use by you;
· You have verified and determined that your use of Mark Mate does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
· You will not use Mark Mate for fraudulent or otherwise illegal purposes;
· You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site is illegal or restricted;
· You will not mask your identify in any way, including without limitation, IP masking by accessing the Site over any type of Proxy Server, through IP masking software or the like; and
· You will ensure that all use of Your Subscription fully complies with these Terms. We may suspend your access to the Site without notice to you in the event that you do not use the Site for an extended period of time.
​
2. YOUR ACCOUNT
Your Account must be registered under your current full legal name, your e-mail address, and your current business address if registering through a school. It is your responsibility to keep your e-mail address current. If you need to update your e-mail address, please contact support@markmate.co.uk.
To access all or some of the website services, you must have previously established a valid Account as provided herein. Further, you must meet all the conditions described throughout these Terms. You agree and understand that we collect data relating to your Log-In, your use of the Site, and Your Account activity and that some of this information may be made public.
​
3. VERIFICATION OF ACCOUNT INFORMATION
We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate Your Account information, to ensure that your participation in the subscription does not breach these Terms and/or any applicable law. You authorise us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or we cannot verify the information applicable to Your Account, Your Account may be terminated.
​
4. PAYMENTS
All payments to Marking Solutions LTd for Service Fees for Your Account must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA & MasterCard) via BACS, Direct Debit or PayPal payment. All payments must be made from a payment source on which you are the named Account holder. All payments are not refundable, for any reason.
You will be charged in arrears for the Services at the end of each month (“Billing Date”). If we do not receive the full amount of your Service Fees within 15 days of the Billing Date, a late payment charge of 1.5% per month may be added to your bill and immediately become due and payable. You agree to pay us all reasonable attorney’s fees and costs incurred by us to collect any past due amounts. Your account will be deactivated without further notice if payment is past due, regardless of the GBP amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services.
You agree that we will not be liable for any loss caused by any unauthorised use of your credit card or any other method of payment by a third party in connection with the Site. You waive your right to dispute any payment made into Your Account and you will bear all costs.
​
– 12 Month Subscriptions (Paid Monthly)
A minimum of 12 monthly payments are required before this contract may be terminated (this includes any initial pro-rata payment). Once you have completed the 12 monthly Direct Debit payments you can cancel your automatic renewal payments (see below) anytime. You should not cancel your Direct Debit mandate with the bank or PayPal until the final months payment has been drawn.
​
Any attempt to defraud the Site through the use of credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of Your Account and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block Your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
​
5. PROCESSING OF ACCOUNT PAYMENTS
Marking Solutions Ltd may use third party electronic payment processors and/or financial institutions (“ESPs”) to process financial transactions. You irrevocably authorise us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that Marking Solutions Ltd may give such instructions on your behalf in accordance with your requests as submitted on the Site. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms and the ESP’s terms and conditions then these Terms shall prevail.
​
6. RENEWALS
To provide continuous service, Marking Solutions Ltd automatically renews all paid subscriptions without expiration. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on). By using Mark Mate, you acknowledge that Your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish Your Account to renew automatically, please follow the directions set out under “Cancellations & Refunds.”
“School” accounts will be given a minimum of 1 month notice in regards to their subscription automatically renewing to allow for timely closing of their accounts and data removal.
​
7. CANCELLATIONS & REFUNDS
a) Single Month Subscriptions
You may cancel your subscription at any time during your subscription to our service. We will refund the cost of the label printer in full if your account is closed within 30 days of account creation. You will be required to pay return postage of the printer if you have received one, we will arrange for the couriers and supply a postage label, to be paid by the User. Return postage is charged at a flat rate of £7.99.
​ Thereafter, you may cancel Your Account at any time and you will not be charged further; however, you will not receive a refund when you cancel after 30 days. Directions for cancelling are below.
b) 12 Month Subscriptions (Paid Monthly)
Marking Solutions Ltd operates a fair cancellation policy. Only under the following circumstances will
we consider the cancellation of a membership within the first 12 months of a Direct Debit membership
or annual membership.
12 Month subscriptions are paid in full at the start of the service contract. If a cancellation is requested during an active subscription, Marking Solutions Ltd will not refund any outstanding balances.
1. Relocation: This agreement may be cancelled if the member moves to a different school which will not allow the use of Mark Mate due to policy restrictions.
2. Long term (over 3 month) illness or injury: This agreement may be cancelled in the event of an illness,
injury or medical condition which in the opinion of a suitably qualified medical practitioner, prohibits
teaching for 3 months or longer.
3. Hardship: This agreement may be cancelled where the members financial circumstances have reduced
to the extent where it makes it difficult to sustain the membership. Appropriate proof must be provided.
E.g.
a. Redundancy or loss of employment
3. Maternity Leave
​
8. DIRECTIONS FOR CANCELING YOUR ACCOUNT
· Visit www.MarkMate.co.uk
· Complete the contact form outlining your reasons for wanting to cancel your subscription.
· Marking Solutions Ltd will cancel your subscription payments.
· If subscription is cancelled within 30 days from initial account creation then printer must be returned to included address.
Your Account will be deactivated immediately, and your account data will be scheduled for deletion. Deletion may occur at any time during our 7 day backup cycle.
​
NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY
We have no obligation to check whether users are using the Site in accordance with these Terms or any other agreement.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
9. DATA PROCESSING AGREEMENT
By accessing and using Mark Mate you agree to our current ‘Data Processing Agreement‘
OUR SERVICES AND ALL MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKING SOLUTIONS LTD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE SITE, OR ON ANY WEBSITE OR WEBSITES “LINKED” TO THE SITE. MARKING SOLUTIONS LTD MAKES NO WARRANTY THAT THE SITE AND OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
​
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL MARKING SOLUTIONS LTD OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES OR YOUR INABILITY TO USE THE SITE, OUR SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE, OUR SERVICES, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY.
​
IF YOU ARE DISSATISFIED WITH US, THE SITE, OUR SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND OUR SERVICES.