This morooq Terms and Conditions Agreement (the “Agreement“) is between the applicable Customer (“You” or “Customer“), and morooq, Inc. with its corporate office at 2035 Sunset Lake Road Suite B-2 Newark, DE 19702.
By accepting this Agreement, by making a payment indicating Your acceptance, You agree to the terms of this Agreement. If You do not agree with these terms and conditions, You must not accept this agreement and may not use the Software or Services.
The Agreement shall become binding once the Customer accepts the Agreement in the manner provided by morooq (the “Effective Date”). morooq and Customer are sometimes referred to as a “Party”, and together as the “Parties”.
1. DEFINITIONS.
(i)"Applications" means the applications for mobile, tablet, and other smart devices, web application and application program interfaces provided by morooq, including but not limited to the mobile applications entitled as "morooq" and "morooq exams".
(ii)"morooq", "we", "us", or "our" means (i) morooq, Inc., with respect to employees that access and use of the morooq Service;
(iii)"Candidate" means a user that purchases and uses morooq Services such as several trial exams.
(iv)"Examiner" means a user that offers and delivers Marking Services for Candidates.
(v). "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure;
(vi). "Electronic Terms" means the terms and conditions that were agreed upon by the Customer during the electronic purchase process or any subsequent amendments to these terms and conditions;
(vii). "Software" or "Services" means any of morooq's products or services, including morooq Exams Software and related programs, granted to or used by You, including Updates, and corresponding documentation, associated media, printed materials, and online or electronic documentation; and
(viii). "Updates" means a bug fix, patch, error correction and/or other enhancements to the Software or Services.
2. APPOINTMENT
Subject to this Agreement and its terms, morooq hereby grants to Customer a free, non-exclusive, non-transferable and revocable license (“License”) to acquire morooq exams, and to use the URLs provided by morooq and listed in Exhibit A (“Licensed Marks,” as may be amended by morooq from time to time), and Customer accepts such grand from morooq.
3. DESCRIPTION OF SERVICES; ACCOUNT REGISTRATION: PASSWORD AND RESPONSIBILITY; THIRD-PARTY ACCOUNT
3.1 Description of Services
morooq provides online services for monetary compensation in the form of online payments through a third party. The Services allow users to access and use a variety of educational services, including learning or practicing a language skills. morooq may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently. Further descriptions and relevant advice toward use of services are listed in Exhibit A.
3.2 Account Registration
In order to use many of the features that are offered through the morooq Platform, you must create an account ("morooq Account") and become a user.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you as requested by morooq; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to morooq, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
3.3 Password and Responsibility
AS PART OF THE REGISTRATION PROCESS, YOU WILL SELECT A PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD YOU USE TO ACCESS THE SITE AND AGREES THAT MOROOQ WILL HAVE NO OBLIGATIONS WITH REGARD TO YOUR PASSWORD. You agree not to assign, transfer or sublicense your rights as a user of the Site.
In case of an auto-generated password delivered to you through e-mail notification by morooq, you are required to change your password immediately after signing-in into your personal cabinet.
You agree to notify morooq immediately of any unauthorized use of your morooq Account. We reserve the right to close your morooq Account at any time if you violate these morooq Terms or if we otherwise have a legitimate interest to do so, such as complying with a legal or regulatory obligation.
3.4 Third-Party Account
You can also register to become a user by logging into your account with certain third-party social networking sites ("SNS") including, Facebook and Gmail (each such account is a "Third-Party Account"), through our Sites or Applications. Unless you add your email address or phone number and set up a password for such account, if a Third-Party Account or associated service becomes unavailable or morooq's access to such Third-Party Account is terminated by you or the third-party service provider, then you are no longer be able to log into any morooq Platform through such Third-Party Account.
4. PAYMENT; FEES; TAXES; REFUND; ORDER PROCEDURES.
4.1 Payment
The Customer will pay the amount of relevant service as provided through the application as well as agreed upon fees listed in Exhibit B as part of the Electronic Terms. morooq shall collect all fees from the Customer for Service provided and for the Customer the fee will be charged automatically to the Customer’s credit card.
4.2 Payment Terms
The Customer shall pay for any and all Products in advance and through credit card to the bank account of morooq. All amounts paid to morooq by the Customer hereunder are non-refundable, except as provided herein.
4.3 Payment Processors
All financial transactions made in connection with the Services will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will morooq be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
4.4 Fees
The list fees for the Products shall be as set forth in Exhibit B, and issued from time to time. morooq, from time to time on 10 days' advance notice to the Customer, may change the list fee for any Product not yet subject to an order submitted and accepted hereunder. No changes will apply to Products for which has received and accepted an order before the date on which the change is effective.
4.5 Taxes
Customer shall be responsible for payment of all taxes, duties, governmental charges and other like charges levied on the Customer Fees, and Customer shall indemnify, defend and hold morooq harmless from and against any claims arising out of or relating to all charges emanating from morooq’s payment of Customer Fees.
4.6 Refund
Fees paid by the Customer for successful applications are NON-REFUNDABLE. The Customer shall contact morooq for refund of fees for unsuccessful applications. If you have questions or need any support related with refund please contact morooq customer service as follows:
Email: refund@morooq.com
4.7 Order Procedures
The Customer shall submit orders to morooq online at any time stating the type of Products that the Customer needs to meet the demands of the Customer. The Customer's orders must be through an automated order entry facility designated by morooq to the Customer, and must comply with such other order procedures as may be established by morooq from time to time. Customer's orders shall constitute binding commitments to accept and pay for the number and type of Products stated therein, in accordance with the terms and conditions of this agreement.
morooq will confirm its acceptance to the Customer in the form of a notification through mobile application and email of your enrolment on the relevant exam
5. GENERAL
5.1 Intellectual Property Rights
All intellectual property rights (such as but not limited to trademarks, trade names, logos, patents, copyrights, domain names and derivative rights) in morooq Marks and related content and technology around the world (“morooq IP Rights”) are and will remain the exclusive property of morooq. The License granted by morooq to the Customer under Section 2 of the Business Terms is granted solely under the terms of this Agreement and in furtherance of its objectives. The Customer’s right to use the Licensed Marks is at the discretion of morooq and is subject to the Customer’s compliance with the terms of this Agreement, Guidelines, and with all applicable laws and regulations. The Customer agrees to (a) not use any morooq IP Rights in any manner reasonably likely to breach this Agreement; (b) not do anything contesting or impairing any morooq IP Rights; (c) not create or obtain any intellectual property rights (such as but not limited to trademarks, trade names, logos, patents, copyrights, domain names and derivative rights) that are substantially similar to any morooq IP Rights; (d) promptly notify morooq of any unauthorized use of any morooq IP Rights of which the Customer has actual knowledge; and (e) always use the Licensed Marks and any other morooq Marks in compliance with the Guidelines. morooq may perform periodic reviews of any Marketing Materials presented by Partner, and shall have the exclusive authority and discretion to order the removal and/or amendment of any Marketing Materials presented by Partner.
5.2 No Waiver
Either Party’s failure to enforce the other Party’s strict performance of any provision of this Agreement will not constitute a waiver of the first Party’s right to subsequently enforce such provision or any other provision of this Agreement.
5.3 Links to other sites
The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by us of any third-party site or any materials contained therein. We do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
5.4 LIMITATION OF LIABILITY
NEITHER MOROOQ NOR ANY OFFICER, EMPLOYEE, DIRECTOR OR ANY OTHER REPRESENTATIVE OF MOROOQ SHALL BE LIABLE TOWARDS PARTNER OR TOWARDS ANY THIRD PARTY, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS TERMINATION, IN CONTRACT, PRE-CONTRACT, TORT OR OTHERWISE FOR (A) ANY ECONOMIC LOSS (INCLUDING LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR (B) ANY LOSS OF GOODWILL OR REPUTATION. SUCH LOSSES INCLUDE, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, STATUTORY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES AS WELL AS ANY LOSSES OR DAMAGES CAUSED BY INTERRUPTION OF OPERATIONS. NOTWITHSTANDING ANY OTHER CIRCUMSTANCES OR UNDERSTANDINGS SURROUNDING ANY RELATIONS AMONG THE PARTIES, MOROOQ’S ENTIRE LIABILITY TO THE CUSTOMER UNDER THIS AGREEMENT SHALL NOT EXCEED $10 U.S. FOR ANY AND ALL CLAIMS FOR DAMAGES OF ANY KIND MADE BY PARTNER UNDER THIS AGREEMENT, AND BY ENTERING THIS AGREEMENT PARTNER RECOGNIZES THE LIMITATIONS HEREIN ON MOROOQ’S LIABILITY.
5.5 Independent Contractors
The Parties herein act on their own behalf as independent contractors. Nothing in this Agreement shall create any joint venture, agency, franchise, sales representative, employment or any other relationship between the Parties beyond the relations set out in this Agreement, and the Customer is expressly precluded from acting on morooq’s behalf. The Partner’s display of Licensed Marks under this Agreement, other content presented by the Customer, or contact among the Customer and third parties shall not misrepresent the relations described herein.
5.6 Indemnification
The Customer will indemnify, defend and hold morooq and its subsidiaries, affiliates, officers and employees (the “morooq Indemnified Parties”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against the morooq Indemnified Parties arising from any of the following: (a) a breach of the Agreement by Partner; (b) the negligence, gross negligence or willful misconduct of Partner or its employees, agents or contractors; or (c) a failure by Partner or its employees, agents, contractors or invitees to comply with the laws and regulations referenced hereinbefore.
5.7 Confidential Information and Prohibition on Raiding
Each of the Parties guarantees that all information of a confidential nature received from the other Party before, during and after the conclusion of the Agreement shall remain confidential. Information shall in any event be considered confidential if related to pricing, discounts, Referrals’ information or if designated as confidential by either of the Parties. Neither Party shall for the duration of this Agreement and for two (2) years after termination thereof hire, employ or solicit any employee of the other Party, or have such employee work for such Party either directly or indirectly.
5.8 Force Majeure
A Party shall not be obliged to perform any of its obligations herein if it is prevented from doing so by a situation of force majeure. “Force majeure” events shall include events beyond the reasonable control of the Parties, including acts of God, acts of government, acts of nature, strikes or riots, as well as improper performance by morooq’s suppliers or defects in objects, materials or software of third parties. If a situation of force majeure lasts for more than thirty (30) days, either Party may terminate this agreement upon written notice to the other Party.
5.9 Parties' Expenses
The Parties shall each carry and pay all their respective costs, charges and expenses incurred by it in the performance of this Agreement, except as otherwise may be agreed-upon by the Parties in writing in advance.
5.10 Governing Law; Jurisdiction; Dispute Resolutions
This Agreement shall be governed by the laws of the State of Delaware, U.S.A, without giving effect to any principles of conflicts of law. Jurisdiction shall lie exclusively in the District Courts of Delaware. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be an appropriate federal or state court located in the State of Delaware, and the Parties agree not to raise, and hereby waive, any objections or defenses based upon venue or forum non conveniens. Prior to initiating any legal action arising under or relating to this Agreement, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with a view to speedy resolutions of such dispute within ten (10) business days of the receipt of such notice.
For morooq’s web applicationwww.morooq.com
Candidate Personal Cabinet:
Laptop or PC
Make sure that you use a laptop or PC for computer delivered services.
Keyboard condition
Make sure that the keyboard on your device is in a good working condition. Your typing process should be smooth and
without any failure to work as you have strict time constraints during the exams.
In order to be able to start and accomplish your exam successfully you have to check if your device is compliant with following recommendations:
Browser
Make sure that the browser on your device is relevant to the requirements of
morooq, as morooq web application supports Chrome, Firefox, Edge, Internet Explorer,
Safari.
Internet connection
Your device should be connected to the Internet.
Please, be sure that your device has stable Internet connection.
For morooq’s mobile application
Make sure that OS on your device is relevant to morooq, as morooq mobile application operates on Android (Android 4.4 and higher) and iOS (iOS 10 and higher) operation systems.
Make sure that you have minimum 25Mb free storage on your device to enable applications to temporarily store your audio recordings until uploading the files to the server.
Make sure that the microphone on your device is in a good working condition. Your voice should be recorded clearly without any interfering noises and interrupting.
Make sure that the surrounding environment is quite silent enough to provide clear recording and effortlessly listening of your voice during marking.
Your device should be connected to the Internet.
Please, be sure that your device has stable Internet connection.
Your device battery level should not be less than 25%.
Please, recharge your device or plug it to the power source If battery level is less than 25%.
Your device should be turned to Silent Mode.
Please, activate Silent Mode in your device if it is not active
As the software will check for battery level, Silent Mode as well as the Internet connection on your device and give you notification messages regarding device compliance with requirement, until you fix it.
| Name | Quantity | Price | Amount |
|---|---|---|---|
| IELTS Writing Academic Trial Exam | 1 | $11.99 | $11.99 |
| ELTS Writing General Training Trial Exam | 1 | 11.99 | 11.99 |
| IELTS Speaking Trial Exam | 1 | $9.99 | $9.99 |
| IELTS Reading Academic Trial Exam | 1 | $5.99 | $5.99 |
| IELTS Reading General Training Trial Exam | 1 | $5.99 | $5.99 |
| IELTS Listening Trial Exam | 1 | $5.99 | $5.99 |