Cambridge Placement Test. Terms of Use for Candidates

Transcription

1 Cambridge Placement Test Terms of Use for Candidates 1

2 Cambridge Placement Test Terms of Use for Candidates Your use of University of Cambridge ESOL Examinations (Cambridge ESOL) 1 Cambridge Placement Test at ("the Site") is governed by these Terms of Use. You have accepted and agreed to be bound by these Terms of Use by your entering and use of this Site. In providing this Cambridge Placement Test Service, Cambridge ESOL also seeks to ensure your privacy in accordance with the UK Data Protection Act For this reason, Cambridge ESOL cannot process your data unless you have given your consent for Cambridge ESOL to do so. Please read Clause 5 of these Terms of Use for the data protection provisions. You may print and keep a copy of these Terms of Use. The Terms of Use are a legal agreement between you and Cambridge ESOL, and can only be modified with Cambridge ESOL's prior written consent. Cambridge ESOL reserves the right to change the Terms at its discretion by changing them on this webpage of the Site. Your continued use of the Site is deemed to be acceptance of the amended Terms of Use. 1. Accuracy of Information and Disclaimer 1.1. Cambridge ESOL will use reasonable endeavours to ensure that all information on the Site is accurate. The Site and information available on the Site is provided for the use of candidates for the Cambridge Placement Test to whom Cambridge ESOL grants access at its sole discretion All other warranties, undertakings, conditions and terms, express or implied, whether by common law, statute, custom, trade usage, course of dealings or otherwise (including without limitation as to quality, fitness for purpose, performance or suitability for purpose) in respect of the Site are hereby excluded to the fullest extent permitted by law Nothing in these terms of use shall exclude our liability to you for fraudulent misrepresentation by CAMBRIDGE ESOL or its employees or for death or personal injury resulting from CAMBRIDGE ESOL's negligence or that of our employees 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 THE AMOUNT PAID BY YOU, OR ON YOUR BEHALF, TO CAMBRIDGE ESOL WITHIN THE PRECEDING 12 MONTHS 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 USE; ANY DELETION, CORRUPTION, DESTRUCTION, LOSS OR REMOVAL OF DATA OR ANY PROFESSIONAL CHARGES You acknowledge that Cambridge ESOL cannot guarantee that the Site will always be available to you, owing to the nature of the Internet. In addition, you acknowledge that the Site may be unavailable owing to maintenance, but where possible Cambridge ESOL will carry out such maintenance outside core operating hours and will try to minimise the period of any disruption. 2

3 2. Code of conduct 2.1. You agree to ensure that any details which you supply to Cambridge ESOL through the Site are accurate and to let Cambridge ESOL know promptly if any of the details that you have supplied about yourself change You may be provided with a login in order to use the Site. You agree to keep any login for use on the Site confidential. The login is personal to you and must not be passed on to anyone else. You will be responsible for any loss or damage resulting from use of your login by any third party Cambridge ESOL reserves the right to terminate your access to the Site with immediate effect should Cambridge ESOL consider at its sole discretion that your use of the Site is detrimental to the Site or to other users If accessing any part of the Site you agree: not to use the Site in such a way that disrupts, interferes with or restricts the use of the Site by other third party users; to ensure that any materials uploaded, displayed or transmitted by you through or to the Site are not false, offensive, defamatory, threatening, obscene, unlawful and do not breach or infringe the rights of any person anywhere in the world and you waive any moral rights in respect of any such materials; not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the Site nor attempt to transmit to or via the Site any information that contains a virus, worm, trojan horse, or other harmful or disruptive component; not to send "spam" or any unsolicited correspondence which is unrelated to the business of Cambridge ESOL to any addresses made available on the Site; and not to change, modify, delete, interfere with or misuse data contained on the Site entered by or relating to any third party user of the Site If Cambridge ESOL suffers loss owing to a breach by you of these Terms of Use, you agree to indemnify Cambridge ESOL for any such loss. 2.6.You should satisfy yourself that you have appropriate protection against computer viruses, worms, trojan horses or other items of a destructive nature whilst using the Internet, and that your connection to the Site is secure. 2.7 You agree to keep information obtained through the Site, in particular examination questions, strictly confidential. 3. Links 3.1. The Site may include hypertext links to third party web sites. CAMBRIDGE ESOL ACCEPTS NO RESPONSIBILITY FOR, AND CAN GIVE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS IN RESPECT OF, THE CONTENT OR AVAILABILITY OF MATERIAL OF ANY THIRD PARTY SITE. 3

4 3.2. You may not create any hypertext link to the Site. 4. Copyright and intellectual property 4.1. The copyright and other intellectual property in material contained in the Site, including without limitation in text, images, scripts and sounds, is owned by Cambridge ESOL except where otherwise stated. UCLES All other rights are reserved 'Cambridge' is a registered trade mark of the University of Cambridge in the UK and in other countries. 5. Data protection 5.1. By using this Site, you consent to Cambridge ESOL processing your personal data in accordance with these Terms of Use and Cambridge ESOL's Data Protection provisions. Cambridge ESOL is committed to protecting the privacy and confidentiality of information provided by Users who access the Site and it upholds the relevant data protection principles and processes all personal data in accordance with the UK Data Protection Act Collection of personal information In order for Users to use some of Cambridge ESOL's online services and to gain the full benefits of such services, Cambridge ESOL needs to collect and process various personal data. Prior to accessing the test you will be asked to complete one or more online forms which request personal data, such as your name and date of birth. 5.3 Processing of data The personal data Cambridge ESOL collects is used to process your test and provide you with your results. If you are a User based outside the UK, this may involve the transfer of personal data overseas and you agree to this transfer. 5.4 Disclosure of information to third parties Cambridge ESOL will use reasonable endeavours not to disclose your User information to any other third parties, unless we are required to do so by law or any court order, or unless you consent to such disclosure. You hereby consent to our disclosing to our administrator and your training provider your personal data including your result information. 5.5 Security This Site and Cambridge ESOL's computer systems have security measures in place with the aim of protecting the loss, misuse or alteration of the information you provide to Cambridge ESOL. 4

5 5.6 Cookies and Website Tracking Software We may use website usage tracking software which relies on cookies. This software allows us to customise our website to your preferences, to password protect parts of our website and also allow us to analyse and review how users use our website, how useful our website is and how effective our website design is. 5.7 What is a cookie? A cookie is a text file which is stored on your computer. It records your internet behaviour information, including you IP address, and transmits that information to us or our agents. 5.8 What if I don t want cookies? You can disable or block cookies from you computer but please be aware this will result in parts of our website becoming inaccessible or having reduced functionality. 5.9 If you want to block or disable cookies you can do this by modifying the settings on your browser. The Interactive Advertising Bureau (IAB) is an industry body that has produced a series of web pages (allaboutcookies.org) which explain how cookies work, how they can be managed and how to block or disable them. As computers and software are constantly being upgraded we recommend you refer to the IAB for advice specific to your system Changes to this statement Cambridge ESOL will notify you of changes to these data protection provisions by displaying them on this webpage. 6. Other agreements 6.1. In the case of any conflict between these Terms of Use and any other agreement which you have with Cambridge ESOL or the University of Cambridge, the latter shall prevail. These terms of use shall not affect or override any of the statutes of the University of Cambridge. 7. Contacting us 7.1. Cambridge ESOL is a part of the University of Cambridge (formally known as the Chancellor, Masters and Scholars of the University of Cambridge), based at 1 Hills Road, Cambridge, Cambridgeshire, CB1 2EU, United Kingdom. For the purposes of delivering the Cambridge Placement Test, Cambridge ESOL is acting on behalf of itself If you have any queries about these Terms of Use you should contact us by sending a letter to the above address. 8. Governing Law and Jurisdiction 8.1. These terms and conditions shall be governed by and construed in accordance with English law. Each party irrevocably agrees to submit to the nonexclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with these terms and conditions. 5

6 1 "University of Cambridge ESOL Examinations" and "Cambridge ESOL" are operating names for the division of the University of Cambridge Local Examinations Syndicate ("UCLES") responsible for providing examinations and tests for learners and teachers of English language. UCLES operates under the brand name of Cambridge Assessment. 6