This Agreement covers the Free Trial offer for potential customers to be able to request a Demonstration 'Demo' Pack of the Moki product for a set period of time.
In addition to these Demonstration Pack Terms and Conditions the following also apply:
For the avoidance of doubt where a contradiction occurs these Demonstration Pack Terms and Conditions shall prevail for the Demo Period only.
If you have any queries about these Terms or any aspect of Moki please don't hesitate to contact us.
Moki Technology Limited a company incorporated in England with registered number 11266496 whose registered office is at Unit 10 1 Luke Street, London, United Kingdom, EC2A 4PX (the “Company”) and;
The School, College, Company or Organisation who has requested a Demo Pack of Moki (“the Customer”).
Regarding the Request and Fulfilment of
A “Moki Demo Pack” that shall contain a minimum of the following materials:
- 3 x Child size Moki wristbands
- 1 x Moki Reader
Instructions and details of how to install the Moki Application
Support will be provided by Moki Customer Services.
Eligibility & Acceptance
“The Customer” understands that all Moki Trial Pack Requests are reviewed by “The Company” individually and may or may not be granted based on a number of internal and external factors.
“The Company” reserves the right to not grant a trial pack to “The Customer” and may or may not provide a reason for such a request to be refused.
For the purpose of this Agreement a “Working Day” shall mean Monday - Friday 8am to 6pm, and not take into account bank holidays, religious holidays, half terms or any part of the school calendar. All weeks across the calendar year are deemed to include 5 working days,
Minimum System Requirements
“The Customer” understands that they shall provide their own computer to run Moki on at all times and that the minimum specifications required to run the Moki application are:
- Operating System: Windows 7
- CPU: 1.8 GHz Intal Core Duo +
- Disk Space: 75MB Free Disk Space
- Available Ports: 1 x USB 1.0/1.1, 2.0
- Internet Connection; An internet connection is required for the Moki Application
Demo Pack Programme - Acceptance
When a Demo trial is requested through the Demo Pack Application Form then Moki employees will aim to provide the services as requested. Due to stock availability, geographic restrictions, target audiences and other internal requirements Moki reserves the right to reject any Application on a case by case basis. If an Application is not successful then Moki will inform the Applicant of this decision via email. Moki reserves the right to not enter into any correspondence with Applicants about the Application process nor any decision that has been taken around acceptance.
Demo Pack Programme - Trial Length & Details
When a trial is requested and approved “The Company” shall send a “Moki Trial Pack” to the “Customer” at its convenience but shall endeavour to do this within 5 “Working Days” of the request approval.
“The Company” shall allow 3 “Working Days” for delivery of the “Trial Pack” once the pack has been sent using Royal Mail Special Delivery or other comparable trackable delivery method.
When received “The Company” grants “The Customer” 10 “Working Days” to initiate the Moki application download and start using the “Trial Pack” materials.
When the Trial Ends - The Moki Materials
From the Start of the Trial “The Customer” shall have a maximum of 1 working days to evaluate Moki.
Once the 10 working days trial period has been completed “The Customer” must return the “Moki Demo Pack” containing all the materials received back to Moki. “The Customer” shall cover the cost of this return which will be with Royal Mail Special Delivery or comparable trackable delivery services where available.
For the avoidance of doubt the Trial Pack timeline looks as follows:
- Customer requests Moki Trial Pack and is approved - 3 working Days maximum
- Customer Receives Moki Trial Pack - 5 working Days maximum
- Customer Downloads Moki Application and starts using Moki - 10 working days maximum
- Customer returns Moki demo Pack to Moki.
When the Trial Ends - Customer and User Data
Moki’s data protection principles are aligned with the GDPR and dependent on the option “The Customer” makes at the end of the Trial period will result in the following data processes:
Option 1 -
The Moki Trial Pack is returned and "The Customer" decides to proceed to purchase Moki:
The Moki application should remain on the computer used to evaluate Moki throughout the Trial and may be added to if further bands are purchased.
Once the Demo Pack has been returned and further Moki devices purchased the same login and account details as used in the trial can be reused so Demo data is retained and can be used cumulatively.
Option 2 -
The Moki Trial Pack is returned and "The Customer" decides to not purchase Moki:
The Moki application should be deleted from the computer used by “The Customer” to evaluate Moki throughout the Trial - this will result in the local data also being deleted. The responsibility of this action falls to “The Customer”.
Anonymised and aggregated data taken from the local application to the Moki servers may still be retained.
Cancelling the Trial Before the Timeline
A Moki Trial can be ended prior to the timelines indicated in this Agreement at the request of “The Customer” and no penalties shall be incurred.
“The Customer” shall cover the cost of return which will be with Royal Mail Special Delivery or similar or better trackable delivery services where available.
Failure to Return the Trial Pack & Damaged Returns
Where a Moki Trial Pack is due to be returned in line with this agreement then “The Customer’ agrees that it shall bear all costs and responsibility for this return and (if needed) speak to the return courier to resolve any and all issues.
Responsibility for failure of “The Company” to receive the returned “Trial Pack” shall rest entirely with “The Customer” and will result in an invoice being generated for the Trial pack price (£90.00) which shall be issued to the “The Customer' and payment shall be required within 30 days from date of invoice.
Where possible Moki may take payment for non-returned items using the payment details "The Customer" provided to pay for Shipping of the Demo Pack.
Any single items that are not received back will be invoiced in line with the retail pricing shown on the Moki website.
“The Company“ reserves the right to invoice “The Customer” for any items that are returned damaged or broken, Items will be charged at the same rate they appear on the Moki website for general sale,
General Trial Pack Terms & Conditions
“The Customer” agrees to be bound by these Terms throughout the Trial period and once ended to then be bound by the standard Moki Terms & Conditions where applicable.
“The Company” reserves the right at any time to suspend any or all of the Moki services to “The Customer’ and/or suspend the account so that access to the application shall cease with immediate effect.
“The Company” reserves the right at any time to request all “Trial Pack” materials be returned to Moki using Royal Mail Special Delivery or similar or better trackable delivery services where available, at the cost of “The Customer”.
Nothing in this Agreement shall be deemed to constitute a partnership or joint venture between the “The Company” and the “Customer” or constitute either party to be the agent of the other for any purpose.
Disclaimer of Warranties, Limitation of Liability
“The Company” does not guarantee, represent or warrant that your use of the Moki service will be uninterrupted, timely, secure or error-free.
“The Company” does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Governing Law & Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales and will be interpreted in accordance with the English courts. The English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
By agreeing to this document you confirm that you have the appropriate seniority and mandate within your organisation to bind into this agreement and agree to be bound by its terms.
To discuss these Terms and Conditions or any aspect of Moki, please contact us.