Effective Date: 3 Jan 2022
These terms and conditions are the terms on which ClassMarker Pty Ltd (ACN 140 552 389) ("ClassMarker", "We" or "Us") permit You to access and use the Website and view and interact with any information, content, advice or material provided by Us.
This Website is intended for use by educational, professional and commercial organisations. By accessing and using this Website (as defined below) or any portion thereof, You accept and agree to be bound by these Terms except if you are resident in the EU, in which case please see Section 10 below. You should review these Terms carefully. if You do not accept these Terms, You must not access or use the Website.
By using this Website, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age (a Minor), that You are using the Website with the consent of Your parent or legal guardian and that You have received Your parent's or legal guardian's permission to use the Website and agree to its Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold Us harmless if the Minor breaches any of these Terms.
Account means an account registered through the Website.
Application means a method of accessing the Website other than navigating to the Website using a web browser.
Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Website.
Credit Pack means a Service where Members pay a Fee and are issued a limited number of Credits based on the number of tests that they (or Related Users) wish to take.
Credits means the allocated number of credits a Member receives based on the type of Credit Pack or Professional Plan purchased.
Direct Communication means email, SMS, instant message or any other direct electronic communication.
EU/UK Data Protection Laws means:
Fee means any fee required to become or maintain the status of Paid Member.
GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC.
Instructor means a Member who has registered an administrator account on the Website to create and administer tests, polls and learning content.
Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered.
Material means any Content submitted to the Website by You.
Member means a Registered Member or Paid Member.
Paid Member means a Registered Member that has complied with the requirements in clause 5(a).
Professional Plan means a Service where Members pay a Fee and are issued a limited number of Credits to be used any given month of for the Professional Plan Term. The number of monthly Credits purchased will be reset each month according to clause 7(a).
Professional Plan Term means (a) where the Member has a non-recurring Professional Plan subscription, 12 months from the date on which a Member purchases a Professional Plan; or (b) where the Member has a recurring Professional Plan subscription, the term will commence on the date on which a Member purchases a Professional Plan and end on the date on which a member cancels their Professional Plan subscription.
Registered Member means a person, or organisation that has registered an Account.
Related User means a User who is registered by an Instructor, has registered an account using a registration code or has taken tests under an instructor account.
Terms means these website terms and conditions between You and Us.
Tools means online calculators and other analytical tools, templates, formulas or software available through the Website which can analyse user provided data and generate reports and other outputs based on that data.
Transaction means any purchase of or payment for Services or Tools facilitated via the Website.
Service means any services offered by Us through the Website.
UK GDPR means the Data Protection Act 2018 (UK).
User means any person who uses the Website, including to take tests.
Our, We, Us means ClassMarker Pty Ltd (ACN 140 552 389).
Website means Content, Material, information, features, Tools and Services and Applications We make available through URL at www.classmarker.com, whether currently existing or developed in the future.
Yearly Professional Plan means a Professional Plan that is 12 calendar months.
Yearly Professional Plans Term means 12 calendar months from the date on which a Member purchases a Yearly Professional Plan.
You, Your mean the customer or user of the Website, including a Member or User.
You agree that You will comply with your obligations under applicable data protection laws and acknowledge that You have provided notice and where required obtained (or will obtain) any consents necessary under applicable data protection laws to allow Us (i) to process Your personal data and that of any Member within Your organization, or of any person You register or provide a pre-registered ID, and (ii) to provide the Services pursuant to these Terms and any Data Protection Addendum.
We will process Member personal data only for the purposes described in these Terms and any Data Protection Addendum, and only in accordance with Your documented lawful instructions.
To the extent ClassMarker processes your data, protected by EU/UK Data Protection Laws, as a processor on your behalf, you and ClassMarker will be subject to and must comply with ClassMarker's Data Processing Addendum (DPA), which is incorporated into these Terms. The DPA sets out our respective obligations with respect to data protection and security when processing such data on Your behalf in connection with the Services.
We Offer our Services and provide them on the Website to organisations ("Customers") that wish to register their employees, students or agents, or provide them with pre-registered ID numbers, in order to use our Services ("Users"). Some of those Users may be EU residents. We process the personal data of Users who are EU residents on behalf of our Customers, pursuant to instructions issued by our Customers, and the terms of our agreements with them, including these Terms and Conditions as supplemented by Our Data Protection Addendum