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Terms and Conditions for Individuals

Updated on:   7 January 2016
Effective on:   7 January 2016

These terms and conditions together with any other terms and conditions referred to in these terms and conditions (“the Terms”) govern (1) your registration on the Oxford English Testing learning management system  (2) use of the tests that you have now or will in future select to purchase from Oxford University Press, Great Clarendon Street, Oxford (“OUP” or “us”) and (3) use of the learning management system (the tests and the learning management system are referred to together as the "Products") and these Terms override any other statements or terms and conditions whether verbal or in writing.

We reserve the right to amend these Terms from time to time. We will exercise this right in accordance with clause 14. Please check these Terms each time you wish to order Products to ensure you understand the terms and conditions which will apply at that time.

1. INFORMATION ABOUT US

1.1. We operate the website http://www.oxfordenglishtesting.com ("the Oxford English Testing Site"). We are The Chancellor, Masters and Scholars of the University of Oxford, trading as Oxford University Press. Our main address is Great Clarendon Street, Oxford, OX2 6DP, United Kingdom. Our VAT number is GB125506730.

2. HOW TO ORDER

2.1. You can order our Products in a variety of ways:

2.1.1.  Products can be ordered through this website;

2.1.2. Using the free product unlock codes in some printed books.

2.2. Please take the time to read and check your order at each page of the order process.

2.3. Please note that you must be at least 16 years old before you can make any purchases from us.

2.4. If you are not a consumer (e.g. you are buying on behalf of a school or educational institution), then these are not the right Terms for you – please see our Terms and Conditions for Institutions.

3. HOW THE CONTRACT IS FORMED

3.1. These Terms constitute the entire agreement between OUP and you. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of OUP which is not set out in these Terms.

3.2 Orders through the Oxford English Testing Site

3.2.1. 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 these Terms.

3.2.2. 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.

3.2.3. 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 Contract") to purchase the tests you have selected will be created between you and OUP on these Terms.

3.2.4. You will have access to the Products from the date OUP accepts your offer (see clause 3.2.3) for a period of 365 days from the date we receive payment.

3.3. Orders made using unlock codes

3.3.1. A Contract will come into force when you access the Products.

3.3.2. If we are unable to supply you with a Product (for example because that Product is not accessible or is no longer available), we will notify you of this in writing and we will not process your order.

4. CANCELLATION OF CONTRACT AND REFUND

4.1. Your rights This clause 4 applies only if you are a consumer located in the European Union (i.e. you are not an organisation or an individual acting wholly or mainly within your trade, business craft or profession). If you are a consumer, you have a legal right to cancel contracts entered into with us at a distance (e.g. internet, phone or email) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Consumer Contracts Regulations") implementing the Consumer Rights Directive 2011/83/EU. Subject to the exceptions set out below, this means that within a certain period, if you change your mind or for any other reason, you decide you want a refund, you can notify us of your decision and receive a refund.

4.2. Your legal right to cancel Subject to the exceptions below, if you ordered tests, you can cancel your order within 14 days from the day of conclusion of the contract (“Cancellation Period”), unless you have expressly consented to the digital content or expressly requested for the services to be supplied to you before the end of the Cancellation Period, and you acknowledged that you would lose your cancellation rights.

4.3. Please note that by placing your order with OUP and then taking the test online, you are hereby requesting OUP to perform the services and/or expressly consenting to OUP supplying the digital content (as the case may be) from the time of your taking the test and in doing so, you acknowledge that you will lose your cancellation rights.

4.4. If you exercise your cancellation rights (as stated in this section), you must inform OUP of your decision to cancel your order.  You may inform OUP by using the form available here  or by email sent to eltsupport@oup.com (for non-US customers).  

4.5. Effects of cancellation In the case of cancellation in accordance with this clause, we will issue a full refund for the price you paid for the test (excluding import duties, taxes and/or delivery charges from you to us) no later than 14 days from the day on which we received the your communication informing us that you wish to cancel.

5. PRICE OF PRODUCTS

5.1. The prices of the Products will be as set out on the Oxford English Testing Site from time to time. We use reasonable endeavours to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please refer to clause 5.3.

5.2. The price of a Product on the catalogue page excludes VAT/sales tax (as applicable).  The exact price of the Product inclusive of VAT/sales tax (as applicable) at the applicable current rate chargeable to you will be calculated at the “check out”. If you think you are being charged VAT/ sales tax incorrectly, please email customerservice.eltonline@oup.com .

5.3. It is always possible that, despite our efforts, some of the Products may be incorrectly priced. If we discover an error in the price of the Products we will process your order and invoice you at the correct price. You will be entitled to a full refund if you decide you wish to return the Products.

6. HOW TO PAY

6.1. You can pay for Products using a number of different means as detailed on the Oxford English Testing Site. For further details, please email customerservice.eltonline@oup.com .

7. USE OF THE PRODUCTS

7.1. OUP grants to you the non-exclusive, non-transferable licence to use the Products as set out below.

7.2. You may not print off or copy the Products unless it has been expressly permitted by OUP.

7.3. Recognising the damage to OUP's business which would flow from unauthorised use of the Products, you will

7.3.1. use best endeavours to keep the Products secure from unauthorised use;

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

7.3.3. notify OUP immediately of any infringement of these Terms 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 these Terms.

7.4. 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 Products online.

7.5. The Products (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 these Terms.

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

8. PERSONAL DATA

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

8.2. You will inform us of any changes to such personal data during the term of the Contract. 

8.3. We reserve the right to delete your personal data (including your score in the test(s)) at any time after the later of (a) the date on which we inform you of your test result and (b) the end of the official appeal period (if any).

8.4. We make use of cookies in accordance with our Cookie Policy on http://global.oup.com/cookiepolicy/directory/oxfordenglishtesting/?siteid=oup&lang=en_GB&cc=gb

9. TERMINATION

9.1. A Contract may be terminated by OUP immediately upon you breaching any of these Terms.

9.2. Upon termination of a Contract, you shall cease using the Products.

10. WARRANTY

10.1. The Products 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

11. OUP’s LIABILITY

11.1. Subject to clause 11.3 but without prejudice to clause 11.2, if we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

11.2. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for:

11.2.1.  any loss of profit (whether direct or indirect);

11.2.2. any loss of business (whether direct or indirect);

11.2.3. any business interruption (whether direct or indirect);

11.2.4. any loss arising from viruses, Trojans or other harmful elements being introduced into your computer or network (whether direct or indirect);

11.2.5. any loss of business opportunity (whether direct or indirect); and/or

11.2.6. any indirect, consequential or special loss.

11.3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any liability which cannot be excluded as a matter of law.

12. EVENT OUTSIDE OUR CONTROL

12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (defined in clause 12.2).

12.2. An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, non-performance of suppliers or subcontractors, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13. COMMUNICATION BETWEEN US

13.1. For the purposes of these Terms, "in writing" includes email.

13.2. Any notice given by you to OUP under or in connection with these Terms or a Contract shall be in writing and shall be delivered to OUP personally, sent by commercial courier, or sent by email ( eltsupport@oup.com).

13.3. Any notice given by OUP to you under or in connection with these Terms or a Contract shall be in writing and shall be delivered to OUP personally, sent by commercial courier,  sent by email or posted on our Oxford English Testing Site.

14. OUR RIGHT TO VARY THESE TERMS

14.1. We may revise these Terms from time to time at our discretion.

14.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between OUP and you.

14.3. Whenever we revise these Terms in accordance with this clause 14, we will keep you informed and give you notice of this by stating that these Terms have been amended and inserting the relevant date of such amendment at the top of this page.

15. OTHER IMPORTANT TERMS

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

15.2. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

15.3. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.4. These Terms are between OUP and you. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.5. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

15.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.7. These Terms are governed by English law. This means a Contract for the purchase of Products through our Oxford English Testing Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and OUP agree that the courts of England and Wales will have non-exclusive jurisdiction.