OXFORD ENGLISH TESTING PRODUCTS

TERMS AND CONDITIONS FOR INDIVIDUALS

PLEASE NOTE IN PARTICULAR CLAUSE 10.5 OF THESE TERMS AND CONDITIONS

1 Our Agreement

1.1 These terms and conditions relate to (1) registration with Oxford University Press, Great Clarendon Street, Oxford ("OUP" or "us");(2) use of the tests that you have now or will in future select to purchase from OUP and (3) use of the learning management system on which the tests reside (the tests and the learning management system are referred to together as the "Resources") and these terms override any other statements or terms and conditions whether verbal or in writing.

2 Your offer to purchase

2.1 The person named in the registration materials ("you"), offers to enter into an agreement with OUP to purchase the tests identified in the online order, at the price stated in the online order and on the Terms and Conditions set out in this document.

3 Our acceptance

3.1 Following our receipt of your on-line order we will inform you if we do not, for any reason, accept and process your order. We reserve the right to reject any order as we see fit.

3.2 If we accept your order, we will confirm that acceptance to you by e-mail and, on our sending that confirmatory e mail to you an agreement ("the Agreement") to purchase the tests you have selected will be created between you and OUP on these Terms and Conditions.

3.3 You will have access to the Resources from the date OUP accepts your offer (see clause 3) for a period of 365 days from the date we receive payment..

4 Cancellation and refunds

4.1 Fees and charges are non-refundable. In respect of the purchase of the Resources via online purchase, you will not have the right to cancel your order under regulation 10 of the Distance Selling Regulations 2000 once the supply to you of the Resources has begun with your agreement. You agree that the supply to you of the Resources may begin before the expiry of the cancellation period given by those Regulations. The supply to you of the Resources will begin when we make the Resources available to you for the first time.

5 Security

5.1 Personal information supplied by you to enable us to provide the Resources is stored on the OUP customer database at a data centre controlled by our third party hosting company. The data centre controlled by our third party hosting company is specifically designed to be physically secure and to admit authorized personnel only, who are contractually bound to keep all of our data confidential.

5.2 Access to our customer databases at OUP and OUP, Inc. in the USA is only given to those of our employees who need such access in order to carry out necessary processing of your account.

5.3 All personal information submitted by you and entered by OUP or OUP, Inc. into the Resources access control system is encoded using 128-bit SSL encryption before being sent over the Internet.

6 Tax

6.1 We shall charge VAT at the prevailing rate in the UK on all purchases from addresses in the European Union

6.2 For purchases from addresses outside of the European Union, VAT will not be charged.

7 Personal Data

7.1 OUP will Process any Personal Data which may be obtained as part of your registration for and use of the Resources in accordance with OUP’s Privacy Policy for the Oxford English Testing web site which is available at www.oxfordenglishtesting.com/showContent.aspx?menuId=5&id=116. By registering to use the Resources, you are agreeing that we may process any Personal Data that you supply to us in accordance with to OUP's Privacy Policy.

7.2 You will inform us of any changes to such Personal Data during the term of this Agreement.

7.3 Terms in bold this clause 7 shall have the meaning given to them in the UK Data Protection Act 1998.

7.4 Use of "cookies"

7.4.1 we do not use cookies to track what other sites you have visited.

7.4.2 we do not look at or track any personal or confidential information about you.

7.4.3 we do make use of cookies to enable authorization control for online products.

8 Legal notice

8.1 The terms of OUP's Legal Notice at [www.oxfordenglishtesting.com/showContent.aspx?menuId=5&id=118#legal] form part of our Agreement.

9 Jurisdiction

9.1 Save in relation to Clause 7.2, this Agreement shall be interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction.

10 Terms specific to use of the Resources

10.1 In consideration of the payment by you in full for the tests identified in the online order, OUP grants to you the non-exclusive, non-transferable licence to use the Resources as set out below.

10.2 You may not print off or copy the Resources unless it has been expressly permitted on the face of the document.

10.3 Recognising the damage to OUP's business which would flow from unauthorised use of the Resources, you will

10.3.4 use best endeavours to keep the Resources secure from unauthorised use;

10.3.5 log in only under your own user ID and password and not disclose your password to anyone;

10.3.6 notify OUP immediately of any infringement of this Agreement or abuse of user name or password or if you become aware of any of the following: (a) any loss or theft of password(s); (b) any unauthorised use of any of user ID or password(s); or (c) any breach of the terms of this Agreement.

10.4 You will obtain at your cost all telecommunications and other equipment and software (including an Internet browser and portable document file reader) together with all relevant software licenses necessary to access the Resources online.

10.5 THE RESOURCES AND CONTENT (INCLUDING DESIGNS) ON OXFORDENGLISHTESTING.COM IS PROTECTED BY © COPYRIGHT AND MUST NOT BE USED, DISPLAYED, MODIFIED, ADAPTED, DISTRIBUTED, TRANSMITTED, TRANSFERRED, PUBLISHED OR OTHERWISE REPRODUCED IN ANY FORM BY ANY MEANS OTHER THAN STRICTLY IN ACCORDANCE WITH THIS AGREEMENT.

Without prejudice to any other right or remedy, OUP reserves the right to withdraw the Resources immediately if it becomes aware of any infringement of the copyright in the Resources by you..

11 Warranty

11.1 The Resources is provided "as is" and OUP expressly excludes to the maximum extent permitted by law, all other representations, warranties, conditions or other terms, express or implied, including the implied warranties

11.1.1 of non-infringement, satisfactory quality, merchantability and fitness for a particular purpose; and

11.1.2 that the operation of the Resources will be uninterrupted or free from errors.

12 Limitations of Liability

12.1 OUP's entire liability in contract, tort, negligence or otherwise for damages or other liability (including where access cannot be granted to the Resources) shall be the return of the price paid for the Resources

12.2 OUP does not seek to limit or exclude liability for death or personal injury arising from OUP's negligence.

13 Termination

13.1 This Agreement may be terminated by OUP immediately upon you breaching any of the terms of this Agreement.

13.2 Upon termination of this Agreement, you shall cease using the Resources and destroy all copies thereof (including stored copies).