Instant Test Prep, LLC
Terms and Conditions
Effective Date May 1, 2018
1 Introduction
1.1 These terms of use (“Terms”) apply to your use of the Instant Test Prep
Application (the “App”). The App is made available by Instant Test Prep, LLC
(“us” “we” or “our” for short).
1.2 These Terms form a binding legal agreement between you, as a user of the
App, and Instant Test Prep. 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
2 Privacy Policy
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 Your use of 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:
(a) On iPhone – press and hold the application until a cross appears in the left
hand corner of the icon. Select the cross to delete the application.
(b) On Android – go to settings>applications>manage applications. Select the
application and then select “Uninstall”.
(c) On all other devices – highlight the application and choose “remove” or
“delete” from the Options menu.
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 and 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 Warranties and Liability
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 Information arising from your use of 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 Changes
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 Third Party Rights
7.1 These Terms are personal to you and us and may not be enforced by any
third party.
8 Governing Law and Jurisdiction
8.1 These Terms shall be governed by the laws of United States and any
matter or dispute arising in connection with them or in connection with the App
shall be subject to the exclusive jurisdiction of the courts of the United States. All
contracts formed by these Terms shall be construed in English.