This Website is controlled and operated by the Chancellor, Masters and Scholars of the University of Cambridge acting through its departments, University of Cambridge Local Examinations Syndicate (“UCLES”) and Cambridge English Language Assessment (“Cambridge English”).
Definitions and interpretation
A person includes an individual, institution or instituted body (whether or not having separate legal personality).
Words in the singular shall include the plural and vice versa.
A reference to one gender shall include a reference to the other genders.
Under these terms and conditions unless the context otherwise requires, the following words have the following meanings:
‘Assessment’ shall mean the assessment(s) owned and/or managed by Cambridge English and available through the Website and any associated documentation, software or other material.
’Self-assessment’ shall mean one of the assessment tools available on the Website.
'Content’ means Website content and User content provided by Cambridge English.
‘Intellectual property rights’ means all Intellectual property rights of Cambridge English or the University of Cambridge including any patent, rights to inventions, utility models, copyright and related rights, database rights, registered design, trademarks, trade names, logos, service marks, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, moral rights, rights in confidential information (including know-how and trade secrets) and any other Intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
‘Policies’ shall mean the Data Protection, privacy and confidentiality policies notified to you.
‘Security Feature’means any Security Feature implemented by Cambridge English including any key, PIN, or password.
‘Service’ or ‘Services’ shall mean the service(s) to be delivered by Cambridge English through this Website.
‘Teacher Development Tracker’ or’ Tracker’ shall mean the Assessment(s) tool available on the Website for use by teachers of English
‘Virus(es)’ means anything or a device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the User experience, including worms, Trojan horses, viruses and other similar things or devices.
‘Website’ means this website and any other website notified to you as part of your registration, access or Use of the Services from time to time.
‘Website content’ means all material contained in the Website including without limitation all articles, Content, discussion content, Assessment(s), answer keys, text, images, scripts, Assessment(s) and sounds added to the Website by Cambridge.
1.1 All Users
1.1.1 Each User must log in with the login and password following the instructions on the Website.
1.1.3 You must take all reasonable steps to ensure that Your login and password are kept confidential and secure.
2. International trade compliance
3. Prohibited uses
3.1 You may not misuse the Tracker, Service, Website or the Licence(s) granted or Your use of the website may be terminated or suspended.
3.2 The Licence of use granted to Users does not include any resale or commercial use of the Services, Tracker(s), Website or Content. In accessing any part of the Website, Users agree NOT to:
3.2.1 Engage in systematic copying or downloading of the Content, Tracker or Services or transmit any part of the Content or Tracker by any other means to any unauthorised user;
3.2.2 Allow copies to be stored or accessed by an unauthorised user;
3.2.3 Make the Website Content available in any other form or medium or create derivative works, in whole or in part, without the written permission of Cambridge English;
3.2.4 Alter, amend, modify or change the Content, Tracker or Services;
3.2.5 Copy, download, duplicate, reproduce or exploit the Website Content, Service or Tracker in whole or in part, for sale, resale or commercial use without our express agreement;
3.2.6 Upload, display or transmit any materials through the Website which are false, offensive, defamatory, threatening, obscene, and unlawful or which infringe the rights of any other person anywhere in the world;
3.2.7 Reverse engineer, decompile, copy, adapt, frame or use framing techniques, any software or other code or scripts forming part of the Website or attempt to transmit to or via the Website any information that contains a Virus, worm, Trojan horse or other harmful or disruptive component;
3.2.8 Use data mining, robots, or similar extraction and data gathering tools;
3.2.9 Use any Meta tags or any other “hidden text” utilising Cambridge English’s names or trademarks without our express written agreement; and
3.2.10 Change, modify, delete, interfere with or misuse data contained on the Website and entered by or relating to any third party user of the Website.
4. Right of withdrawal of access of Website content/User content
6. Exclusions and limitations of liability
6.1 We will use reasonable commercial measures to ensure the availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will give you notice of this when possible.
6.2 Cambridge English gives no warranty that the use of the Assessment or the Services or third party services in any particular jurisdiction outside the United Kingdom is permitted under any applicable non-United Kingdom laws or regulations. Accordingly, the Services accessed through the Website or any part of them are not offered in any jurisdiction or to any User where purchasing or taking the Assessment or using the Services available is prohibited, whether by reason of nationality, residence, age or otherwise. If You are resident outside the United Kingdom You must satisfy Yourself that You are lawfully able to use the Tracker or third party services.
6.3 Subject to the paragraph above, Cambridge English shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise for any losses, financial, economic or other loss, or any indirect or consequential loss or damage, costs or expenses whatever or however arising out of or in connection with the Tracker or third party services.
6.4 Subject to the two paragraphs above, the total liability of Cambridge English for any loss or damage, costs or expenses arising directly or indirectly from the use of third party services provided through the Website shall not exceed £100.
6.5 Cambridge English excludes all liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from any non-availability or use of the Website, Website Content or of any other website linked to it, or from reliance on the Website Content or any material or Content accessed through it.
6.7 Cambridge English shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Cambridge English by the User in connection with the Website, or any actions taken by Cambridge English at the User’s direction.
6.8 CAMBRIDGE ENGLISH ACCEPTS NO RESPONSIBILITY FOR AND CAN GIVE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS IN RESPECT OF (a) THE CONTENT OR AVAILABILITY OF MATERIAL ON THE SITE; (b) THE SERVICE BEING TIMELY, SECURE OR THAT IT WILL OPERATE WITHOUT ERROR; (c) THE INFORMATION, CONTENT, MATERIALS OR ASSESSMENT(S) AVAILABLE ON THE WEBSITE WILL BE AVAILABLE AT ALL TIMES (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CAMBRIDGE ENGLISH, IS EXCLUDED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CAMBRIDGE ENGLISH DISCLAIMS ANY AND ALL SUCH WARRANTIES.
6.9 SUBJECT TO THE ABOVE, YOU ACKNOWLEDGE THAT OUR LIABILITY TO YOU FOR DIRECT LOSS UNDER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL BE LIMITED TO £100 (ONE HUNDRED POUNDS STERLING) FOR ANY ONE INCIDENT OR SERIES OF INCIDENTS. WE SHALL, HOWEVER, IN NO CIRCUMSTANCES BE LIABLE TO YOU UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE FOR ANY INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS WHATSOEVER; LOSS OF REVENUE; LOSS OF PROFITS; LOSS OF BUSINESS; LOSS OF GOODWILL OR REPUTATION; LOSS OF USE; ANY DELETION, CORRUPTION, DESTRUCTION, LOSS OR REMOVAL OF DATA OR ANY PROFESSIONAL CHARGES.
6.10 If the limitation on Cambridge English’s liability set out in the preceding paragraph is adjudged to be unreasonable in the circumstances, the limit of Cambridge English’s liability shall be increased to the amount that Cambridge English can recover from its insurer for the loss in question.
7.2 Upon termination of your Licence to use this Website for any reason:
8.1 Your use of the Website and access to the Tracker, Website or Services will be granted and controlled by Us.
9. Data protection, privacy and confidentiality
Details of our Data Protection, privacy and confidentiality policies are set out in our Data Protection and Privacy Statement, which also governs Your use of the Website and Our Services.
10. Copyright and intellectual property
10.1 THE WEBSITE, TRACKERAND CONTENT (INCLUDING DESIGN, TEXT, IMAGES, SCRIPTS AND SOUNDS, ALL TRACKER MATERIAL AND ALL TECHNICAL INFRASTRUCTURE RELATING TO IT) ARE THE PROPERTY OF CAMBRIDGE ENGLISH AND PROTECTED BY INTERNATIONAL COPYRIGHT AND DATABASE RIGHTS LAWS 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 OR BY THE EXPRESS WRITTEN AUTHORITY OF CAMBRIDGE ENGLISH. © UCLES 2015
10.2 All other rights are reserved.
12. Force Majeure
13. Other important terms
13.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
15. Language version
16. Contact us
16.1 The principal place of business is at 1 Hills Road, Cambridge, CB1 2EU, England.
16.2 In the event of any comments or questions concerning these terms and conditions, then please contact firstname.lastname@example.org.