OXFORD ENGLISH TESTING RESOURCES
TERMS AND CONDITIONS APPLYING TO INSTITUTIONS
These terms and conditions govern the creation and management of OET institutional accounts; and the purchase and the use by an Institution and its Authorised Users of the Resources made available at www.oxfordenglishtesting.com. These terms override any other statements or terms and conditions whether verbal or in writing.
DEFINITIONS AND INTERPRETATION
Authorised User means teachers engaged by your institution and students enrolled on a course at your institution
Chain Organisation means a chain of schools (not necessarily in common ownership) each of whom has consented to being within a specified Chain Organisation
OUP or We means Oxford University Press, a department of the University of Oxford
Personal Data means information about a person that can identify an individual, for instance name, email address, age
Resources means the tests and other interactive materials available on www.oxfordenglishtesting.com
Terms means these terms and conditions
You means, in the case of institutions setting up an account, the institution named as account holder; in the case of purchase of Resources, the institution named in the online order form.
In these Terms words in bold shall have the meanings ascribed to them above.
PURCHASING TESTS AND OTHER RESOURCES
If you are purchasing Resources from OUP:
- By accepting these Terms, you are offering to enter into an Agreement with OUP to purchase the Resources identified in the online order, at the price stated in the online order and on these Terms. By sending the order to OUP the person that performs the "send" operation personally represents to OUP that they have the authority to enter this Agreement on behalf of the Institution.
- 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.
- If we accept your order, then upon receipt of your payment we will confirm that acceptance to you by e-mail and, on our sending that confirmatory e mail to You a legal Agreement to purchase the Resources you have selected for the price in the online order will be created between you and OUP on these Terms.
- You and your Authorised Users will have access to the Resources from the date OUP accepts your offer for so long as you have unused Resources on your account including any assigned to a member of your Chain Organisation (subject always to earlier termination).
- 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.
- We shall charge VAT at the prevailing rate in the UK on all purchases from addresses in the European Union unless You are purchasing from an address in the European Union AND have completed the relevant field in the online order with a valid VAT registration number. For purchases from addresses outside of the European Union, VAT will not be charged
By creating an account:
- Where You provide Personal Data to OUP in relation to your Authorised Users to enable OUP to perform this Agreement, You warrant that You have obtained all necessary consents in accordance with your local legislation from the individuals concerned to provide the Personal Data to OUP. You will inform us of any changes to such Personal Data during the term of this Agreement.
- The terms of OUP's Legal Notice at http://www.oxfordenglishtesting.com/showContent.aspx?menuId=5&id=118#legal form part of our Agreement.
- You agree to keep confidential any passwords or access codes that are required to provide access to You or your Authorised Users and not to permit anyone who is not an Authorised User to access your account. You will tell us immediately You become aware of any unauthorised access or use of your account.
If You have accepted a request or requested to join a chain organization, You hereby agree that members of that Chain Organisation that are higher up the Chain Organisation than You may access your account for the purposes of assigning resources (or recalling unassigned Resources) or viewing (and amending) account details or obtaining reports on the account.
USING THE TESTS AND OTHER RESOURCES
OUP grants to You and your Authorised Users the non-exclusive, non-transferable licence to use the Resources.
You may through an account administrator create accounts for Authorised Users within the Resources. If an Authorised User leaves your institution You will delete his/her User ID.
Authorised Users who are teachers may log in and access the Resources in order to assign tests to students and access the learning management system. Authorised Users who are students may log in and access the Resources in order to undertake the tests and to access the learning management system.
Authorised Users may not print off or copy the Resources unless it has been expressly permitted on the face of the document.
Recognising the damage to OUP's business which would flow from unauthorised use of the Resources, You will:
- use best endeavours to keep the Resources secure from unauthorised use;
- notify Authorised Users that that persons may only log in under their own user ID and password and that passwords and user ID information must not be disclosed to anyone that is not an Authorised User;
- notify OUP immediately of any infringement of this Agreement or abuse of user name or password or it becomes 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 by an Authorised User of the terms of this Agreement.
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.
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. YOU MUST MAKE ALL AUTHORISED USERS AWARE OF THIS.
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 or one of your Authorised Users.
The Resources are 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 of non-infringement, satisfactory quality, merchantability and fitness for a particular purpose; and that the operation of the Resources will be uninterrupted or free from errors.
OUP has no obligation to mediate in the case of a dispute between Chain Organisation members,
LIMITATIONS OF LIABILITY
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 to OUP for the Resources.
OUP does not seek to limit or exclude liability for death or personal injury arising from OUP's negligence.
Save in relation to your obligations in relation to the supply by you of Personal Data, where the legislation of your jurisdiction shall take precedence, this Agreement shall be interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction.
This Agreement may be terminated by OUP immediately upon the your breaching any of the terms of this Agreement.
Upon termination of this Agreement, You and any Authorised Users shall cease using the Resources and destroy all copies thereof (including stored copies). In addition, where You are a member of a Chain Organisation, You shall recall such licences as You can from members of your Chain Organisation to which You have allocated them (if any).