TERMS OF USE

The purpose of the English Marker tool is to help you assess and improve your writing, providing constructive feedback to assist you in your preparation for whichever exam you choose to take. We are not ourselves an exam board. The results generated by the English Marker assessment system may not precisely match the result you achieve in a real examination environment.

The international awarding bodies offering English examinations all have slightly differing marking criteria for their writing components. At English Marker, we have therefore developed a tool which is by design, universal.

While there is no guarantee that achieving a high score using our service will result in a similar score in a real exam environment, our experts have chosen marking criteria which conform to the highest academic standards and cover the criteria of all the main English language examinations as thoroughly as possible.


Please note:

  • we are not an academic subject matter approval service; we assess language and overall writing skills, not domain knowledge or factual information. In other words, if a candidate states that the Earth orbits the Moon or Lady Gaga was an ancient scribe in another life, we will not include this as an error or unverifiable assertion, as long as the language is correct and the content is relevant to the topic you are writing about

  • we would not recommend using our assessment tool as a language placement test, as placement tests with a high degree of reliability usually involve other language skills as well

  • for all examinations taken, learners should remember that although there is a correlation between achievement in the various skills, a high score achieved in the writing component does not necessarily implicate a high score on the other skills tested

  • we are not a proofreading service to automatically fix all grammatical errors and writing mistakes. Our robust feedback is there to provide useful pointers regarding weaker and stronger aspects of your writing skills, so that you can improve your performance

  • we are emphatically not a place where you can purchase essays or ask someone to write an essay for you

  • using abusive or indecent language may result in English Marker refusing the processing of such submission

TERMS AND CONDITIONS

1.   AGREEMENT TO TERMS     

 

1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and English Marker, located at Lavant House, West Lavant, PO18 9AB United Kingdom (we, us), concerning your access to and use of the English Marker ( www.englishmarker.com) website as well as any related applications (the Site).  

 

The Site provides the following services: At English Marker, we believe all language learners should have access to standardised and affordable feedback to improve their language skills. Our goal is to bring professional grading (currently only exclusively offered by the official exam board) to every learner of English at a fraction of the cost with significantly more feedback than is given post-exam. Starting with writing, and working with experts in the industry, we have therefore developed an independent tool for learners of English to analyse their writing performance. Some of our automatic tools for language analytics provide excellent indicators on writing performance and we make full use of these to offer learners objective, standardised feedback. However, our experience shows that even advanced AI technology is not yet capable of detecting or understanding crucial language nuances, making the human touch still invaluable in the assessment and feedback process. Therefore, English Marker blends these two approaches for the best results whilst working towards a fully automatic grading solution.

The English Marker system offers:

  • A grading service for English language written assessments according to the highest academic standards.
  • Constructive feedback to help you improve your writing skills
  • Help in assessing when your writing is robust enough to attempt exams at the CEFR level you are aiming to achieve. 
  • A tool which schools can use for the standardised marking of essays (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.  

 

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.  

 

1.2  The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.  

 

1.3  We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.  

 

1.4  We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.  

 

1.5  Our site is directed to people residing worldwide. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.   

 

1.6  Depending on local regulation and age restrictions for minors, the use of any of our services is subject to the consent of their parent, guardian or organisation through which a child uses our services. We advise parents, schools or other linked organisations who permit their minors to use a service that it is important that they communicate with their minors about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. It is the responsibility of parents, guardians or linked organisations to ensure local regulations with regards to minors and using online services such as this one are followed.

 

1.7  Additional policies which also apply to your use of the Site include:   

  • Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.   
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.    
  • Our Privacy Policy, which sets out information about the cookies on the Site.  
  • Certain parts of this Site can be used only on payment of a fee.     

 

2.    ACCEPTABLE USE    

2.1  Our full Acceptable Use Policy, sets out all the permitted uses and prohibited uses of this site.    

 

2.2  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

 

2.3  As a user of this Site, you agree not to: 

 

  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
  • Use a buying agent or purchasing agent to make purchases on the Site
  • Use the Site to advertise or sell goods and services
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
  • Engage in unauthorized framing of or linking to the Site
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Make improper use of our support services, or submit false reports of abuse or misconduct
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
  • Attempt to impersonate another user or person, or use the username of another user
  • Sell or otherwise transfer your profile
  • Use any information obtained from the Site in order to harass, abuse, or harm another person
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Attempt to access any portions of the Site that you are restricted from accessing
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
  • Delete the copyright or other proprietary rights notice from any of the content
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with any applicable laws or regulations
  • Threaten users with negative feedback or offering services solely to give positive feedback to users
  • Misrepresent experience, skills, or information about a User
  • Advertise products or services not intended by us
  • Falsely imply a relationship with us or another company with whom you do not have a relationship   

 

3.   INFORMATION YOU PROVIDE TO US

 

3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.  

 

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at support@englishmarker.com.

 

3.2  If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.  

 

3.3  As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. 

 

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. 

 

3.4  By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists;  and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.  

 

Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site. 

 

You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.  We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content. 

 

You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to support@englishmarker.com or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.     

 

4.   OUR CONTENT

 

4.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws. 

 

4.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

 

4.3  Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.   

 

4.4  You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 

 

4.5  We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  

 

4.6  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  

 

4.7  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.  

 

5.    SITE MANAGEMENT   

 

5.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2 ) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and ( 4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  

 

5.2  We do not guarantee that the Site will be secure or free from bugs or viruses. 

 

5.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

 

6.    MODIFICATIONS TO AND AVAILABILITY OF THE SITE     

 

6.1  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    

 

6.2  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

 

6.3  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

 

7.    DISCLAIMER/LIMITATION OF LIABILITY     

 

7.1  The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  

 

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

 

7.2  Our responsibility for loss or damage suffered by you: 

 

Whether you are a consumer or a business user: 

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  
  • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.  

 

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.   

 

If you are a business user: 

 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

 

  • use of, or inability to use, our Site/Services; or  
  • use of or reliance on any content displayed on our Site.  

 

In particular, we will not be liable for: 

 

  • loss of profits, sales, business, or revenue;  
  • business interruption;  
  • loss of anticipated savings;  
  • loss of business opportunity, goodwill or reputation; or  
  • any indirect or consequential loss or damage.    

 

If you are a consumer user: 

 

  • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us .    
  • You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.     

 

8.    TERM AND TERMINATION     

 

8.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support@englishmarker.com.  

 

8.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

 

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  

 

8.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.  

 

9.    GENERAL      

 

9.1  Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  

 

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  

 

9.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.   

 

9.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.   

 

9.4  We may assign any or all of our rights and obligations to others at any time.

 

9.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   

 

9.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

 

9.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.  

 

9.8  For consumers only  - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr  

 

9.9  For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales .    

 

9.10  A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. 

 

9.11  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@englishmarker.com or by post to: 

 

English Marker  

Lavant House   

West Lavant, PO18 9AB   

United Kingdom   

PRIVACY POLICY

Thank you for choosing to be part of our community at English Marker, doing business as English Marker (“English Marker”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at support@englishmarker.com.

When you visit our website englishmarker.com, mobile application, Facebook application, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites or Apps and our services.

This privacy policy applies to all information collected through our website (such as englishmarker.com), mobile application, Facebook application, ("Apps"), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Services").

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

 

1. WHAT INFORMATION DO WE COLLECT?

 

Personal information you disclose to us

In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when registering at the Services or Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or Apps or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Services or Apps, the choices you make and the products and features you use. The personal information we collect can include the following:

Publicly Available Personal Information. We collect social media; first name, maiden name, last name, and nickname; email addresses; business email; business phone number; and other similar data. 

Personal Information Provided by You. We collect purchase history; data collected from surveys; app usage; passwords; and other similar data.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by PayPal. You may find their privacy policy link(s) here: https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.

Social Media Login Data. We may provide you with the option to register using social media account details, like your Facebook, Google, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called " HOW DO WE HANDLE YOUR SOCIAL LOGINS" below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

 

Information automatically collected

In Short:   Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Services or Apps.

We automatically collect certain information when you visit, use or navigate the Services or Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Services or Apps, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

Online Identifiers. We collect devices; tools and protocols, such as IP (Internet Protocol) addresses; cookie identifiers, or others such as the ones used for analytics and marketing; applications; device's geolocation; Radio Frequency Identification (RFID) tags; and other similar data.

Information collected through our Apps

In Short:   We may collect information regarding your geo-location, mobile device, push notifications, and Facebook permissions when you use our apps.

If you use our Apps, we may also collect the following information:

  • Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.

  • Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

  • Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

  • Facebook Permissions. We by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

 

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

  • To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed " HOW DO WE HANDLE YOUR SOCIAL LOGINS" for further information.

  • To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the " WHAT ARE YOUR PRIVACY RIGHTS" below).

  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services or Apps.

  • To post testimonials. We post testimonials on our Services or Apps that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at support@englishmarker.com and be sure to include your name, testimonial location, and contact information.

  • Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.

  • Request Feedback. We may use your information to request feedback and to contact you about your use of our Services or Apps.

  • To protect our Services. We may use your information as part of our efforts to keep our Services or Apps safe and secure (for example, for fraud monitoring and prevention).

  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.

  • To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.

  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
                             
  • To deliver services to the user. We may use your information to provide you with the requested service.

  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services or Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

 

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.

  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services or Apps, which will enable them to collect data about how you interact with the Services or Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services or Apps. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

  • Offer Wall. Our Apps may display a third-party hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in our mobile application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave our mobile application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.

 

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short:  We only share information with the following third parties.

  

We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.

  • Allow Users to Connect to their Third-Party Accounts
    Facebook account, Google account and Instagram account
  • Cloud Computing Services
    Amazon Web Services (AWS)
  • Data Backup and Security
    Amazon Glacier
  • Invoice and Billing
    PayPal
  • User Account Registration and Authentication
    Facebook Login and Google Sign-In
  • Web and Mobile Analytics
    Google Analytics

 

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

 

6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short:  If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our Services or Apps offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public. If you login using Facebook, we may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Services or Apps. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

 

7. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short:  We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The Services or Apps may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Services or Apps. You should review the policies of such third parties and contact them directly to respond to your questions.

 

8. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 2 years past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

9. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services or Apps is at your own risk. You should only access the services within a secure environment.

 

10. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm .

If you have questions or comments about your privacy rights, you may email us at support@englishmarker.com.

 

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  •     Log into your account settings and update your user account.
  •     Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or Apps. To opt-out of interest-based advertising by advertisers on our Services or Apps visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

  • Contact us using the contact information provided.

 

11. DATA BREACH

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when English Marker believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that English Marker becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information English Marker will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

 

12. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

 

13. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

 

14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), DPO English Marker, by email at support@englishmarker.com, or by post to:

English Marker 

DPO English Marker

English Marker

West Lavant

Chichester PO18 9AB

United Kingdom

 

15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.

This privacy policy was created using Termly’s Privacy Policy Generator .

TERMS OF SALES

SECTION I. DEFINITIONS

In this document (hereinafter referred to as " Terms and Conditions") the following definitions have the meaning as described below and shall be used all along this document with a capital letter:

" Website" means and refers to englishmarker.com

" Customer" means and refers to a person (individual) submitting an Order to the Website.

"Company" means and refers to English Marker operating by itself or through its authorized partner or affiliate website.

"Sample" refers to a sample of document (essay, research, project paper, etc.) in electronic form that is marked and delivered to the Customer in accordance with his/her Order instructions.

"Services" refer to writing, editing, proofreading and other services, purchased by the Customer through the Order form on the Website.

"Support Team" is a team of the Company‘s or the Company affiliated entity‘s staff members designated to provide technical and informational support to the Customer with the aim of the most efficient completion of an Order.

"Sales Team" is a team of the Company‘s or the Company affiliated entity‘s staff members designated to acquaint the Customer with the Company‘s rules and policies and which main purpose is assisting the Customer with the order placement.

"Order" means a written document of a standard electronic form that is filled in and submitted online by the Customer to the Website for the purpose of obtaining grading. The Order specifies the scope of work and other requirements of the Customer regarding the Sample project.

"Order page" refers to the page on the Website that is assigned to a specific Order. Order page is regarded as the main source of instructions and communication of a specific Order.

"Expert" (or "Marker") means and refers to a person hired by the Company on freelance basis to complete and deliver the Sample.

 

Section II. WEBSITE SERVICES

The Website is an online writing assistant that offers academic and business writing services, namely essay and other written content samples, not mentioned above, to Customers worldwide. By making a purchase of the “Premium Report” service on the Company‘s Website, the Customer gets an original and properly graded report, which is posted to the correspondent Order page at the Website within the specified time.

 

Section III. PERIOD OF TERMS AND CONDITIONS EXECUTION

The term of these Terms and Conditions execution starts on the date of creating an account with the Website and remains valid till the end of the calendar year, in which the respective account with the Website was created. The mentioned term will be automatically renewed for the period of next calendar year unless it was terminated 30 days before the expiration of the respective period. The notice to terminate the cooperation should be sent by the Customer at support@englishmarker.com in written form.

 

Section IV. FEES

Types of Service

The Company offers its Customers two types of Service: Free analytics and a “Premium Report”.

The service price is determined by the Company and may vary depending on delivery time, complexity level, amount of work, type of writing, type of Service or use of external sources. Our prices are shown on the Website.

 

Section V. PLACING AN ORDER WITH THE WEBSITE

This Section provides a detailed explanation and regulation of the features, available in the Website Order form, as well as other policies that regulate placing an Order with the Website.

By filling in the Order form and processing the payment upfront the Customer submits their essay to the Company. After receiving and reviewing the essay, the Company may refuse the Service to the Customer at its sole discretion without providing any reasoning to the Customer. In this case, the prepaid amount will be refunded to the Customer according to the MoneyBack Policy Section of these Terms and Conditions.

The Customer is responsible for giving the Company accurate and full information concerning the Order, namely writing level and topic with additional options for exam board and essay style. In case the results does not suit the Customer‘s needs due to his/her failure to provide accurate information, the Customer is not eligible for a refund. Any amendments to such a Sample may be provided to the Customer for additional fee. The Company reserves the right not to provide any amendments in such cases.

 

Section VI. BILLING RULES

All incoming payments to the Company through the Website are maintained and secured by PayPal. 

 

The Company does not collect any transaction fees. All transaction fees, collected by PayPal, credit card issuer or bank, have to be covered by the Customer.

Whenever the Customer submits an Order request and makes an upfront payment, the Company does not guarantee that the Service will be delivered to the Customer and may disapprove any of the incoming Orders based on its sole discretion and judgment (in the event of stolen card use, inability to identify the client, fraud, short delivery time, etc.) and issue a refund to the Customer according to the MoneyBack Policy Section of these Terms and Conditions.

 

Each and any Customer using the Website understands and agrees to make payments in a timely manner after an Order request is placed on the Website, unless Other type of service is chosen. In case an Order for the writing/editing/proofreading type of service. In case an Order is placed on the Website and is not paid, the Company will not start processing it and will wait for the payment. In case an Order for any type of service is not paid within an hour after it was created on the Website, the Company may automatically shift the delivery date. The Company reserves the right not to process the Customer‘s order if the status of the Customer‘s payment is "under review" on PayPal.

 

Section VII. MONEYBACK POLICY

Moneyback in case the Customer paid several times by mistake: 

If the Customer refreshes the payment page while his/her payment is being processed, the payment may be processed more than once. The Company‘s billing department tries to take note of all multiple payments processed by mistake and refunds them at the earliest convenience. In case the Customer notices multiple payments on his/her credit card statement or PayPal account balance, the Customer is requested to contact the Support Team or send respective email at support@englishmarker.com. The issue will be forwarded to the billing department of the Company immediately. All payments made by mistake shall be refunded to the Customer in full scope.

 

Moneyback if the “Premium Report” is delivered late:

  • The Order is sent to the Customer late - up to 20%. In the unlikely case of lateness, the Customer can request a partial refund. The final amount of refund depends on the Customer‘s initial deadline and how late the Sample was delivered. In case lateness is caused by lack of instructions/materials and unresponsiveness of the Customer, refund request may be declined.
  • The Order is late and the Customer is willing to cancel it (before the file is sent to the Customer) - 100%. In case the Order is late and the Customer is willing to cancel it, full refund will be provided if the Company receives the Customer‘s cancellation request before the file is sent to the Customer.

 

When the Customer is eligible for a partial or full refund, the Company may offer him/her to leave the money that is to be refunded as a store credit for use in future Orders. The Customer may refuse to leave the money as a store credit and receive a refund instead. If the Customer agrees for a store credit, the Support Team will make a correspondent note on the Customer‘s profile and the Customer will need to contact the Support or Sales Teams before placing his/her next Order for details on how to apply the credit. The amount of credit can be used by the Customer within one calendar year from the date it has been stored. The credit which is not used within one calendar year is considered expired and will be removed from Customer‘s profile.

 

Any type of refund is issued after the Order in question is completed and is issued to the same card/PayPal account/bank account the payment was made from. In case technical issues prevent the Company from issuing the refund to the initial payment source, the Company management representative will contact the Customer and another refund method will be agreed upon.

 

Section VIII. FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS

Failure to comply with these Terms and Conditions leads to an immediate termination of cooperation between the Customer and the Company and prohibits the Customer from the use of any of the Company‘s Services, either supplied or those in progress. The Customer understands and agrees that no refund for supplied Services or Services that are in progress will be issued in case of the Customer‘s failure to comply with the Terms and Conditions. If the Customer believes that he/she cannot follow any of the policies of these Terms and Conditions, the Customer agrees to contact the Company before any of his/her Orders are placed.

 

Section IX. MODIFICATION OF TERMS AND CONDITIONS

The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms and Conditions, and to change, suspend, or discontinue the Service (including without limitation, the availability of any feature or content) at any time by posting a notice on the Website or by sending the Customer an email. The Company may also impose limits on certain features and Services or restrict the Customer‘s access to parts or all of the Service without notice or liability. It is the Customer‘s sole responsibility to check these Terms and Conditions periodically for any changes. The Customer‘s continued use of the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

Section X. LAW AND JURISDICTION

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

 

Section XI. WARRANTY DISCLAIMER


THE COMPANY MAKES NO REPRESENTATIONS OR OTHER WARRANTIES WITH REGARD TO THE WEBSITE OR ANY SERVICES THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION THAT THE OPERATION OF THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION, OR OTHER CONTENT PROVIDED IN CONNECTION WITH THE SERVICE OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT.

 

Section XII. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

FOR STATES AND JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE COMPANY‘S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF SERVICES PURCHASED BY THE CUSTOMER.