Experts in Language Assessment

Cambridge ESOL E- Commerce Terms and Conditions

This website is controlled and operated by the Chancellor Masters and Scholars of the University of Cambridge acting through its department Cambridge ESOL of 1 Hills Road, Cambridge, CB1 2EU, United Kingdom

You may contact Cambridge ESOL either by using the online enquiry form or by post at the address above.

Please read these terms and conditions carefully before using this website to purchase online test preparation courses, online practice tests, publications and/or other online products (“Products”). By checking the “Tick here to accept the Terms and Conditions” box at the checkout, you agree that these terms and conditions apply to the purchase of Products by you from this website.

Contract Terms

By ordering Products using this website you confirm either that you are placing the order in your personal capacity and that you accept that these terms and conditions will apply; or where you are placing an order in the name of another individual, a partnership, company or other legal entity, that you have the right and authority to place the order and to accept these terms and conditions on behalf of such individual, partnership, company or other legal entity.

Ordering Products and Availability

It is your responsibility to ensure that all details of each order you place are complete and accurate.  Each order will be an offer by you to purchase Products subject to these terms and conditions. Cambridge ESOL will not be bound to supply any Products ordered until it has accepted the order by email or otherwise notified its acceptance to you. Cambridge ESOL is entitled to reject any order and, if it does so, it will notify you. Although availability may be indicated on the website, Cambridge ESOL cannot guarantee Product availability and Products may not be available for immediate delivery. Cambridge ESOL reserves the right, without liability or prior notice, to revise, discontinue or cease to make available any or all Products. If there is any revision, discontinuance or cessation, Cambridge ESOL may, at its discretion, provide Products which have substantially similar functionality and specifications to the Products ordered, or cancel your order.

Prices and Payment

Product prices are the prices in force on the date and at the time of ordering. Cambridge ESOL tries to ensure that the prices displayed on this website are accurate but prices are subject to validation by Cambridge ESOL as part of its acceptance procedure. Cambridge ESOL will inform you prior to acceptance of your order if the correct price of a Product is higher than that stated in your order and in such a case you may cancel the order if you wish. The price indicated is inclusive of any UK VAT payable if applicable. If you require a VAT receipt please contact us.

Payment for the total cost of the Products together with any applicable delivery charges must be made by credit or debit card at the time of order. Any credit or debit card used to purchase Products must belong to you or be used with the consent of the owner and there must be sufficient funds or credit available to cover the cost of any Products. Cambridge ESOL reserves the right to obtain validation of any credit or debit card details or verification of the authenticity and ownership before accepting any order or supplying any Products.

Cancellation Policy

Cambridge ESOL will inform you prior to acceptance of your order if the correct price of a Product is higher than that stated in your order and in such a case you may cancel the order if you wish. In this case cancellation must be done before the Product is delivered.

In all other cases you may cancel the order before the time you receive the login and password for the Product, by sending an e-mail to ESOLstakeholderrelations@cambridgeesol.org. Cambridge ESOL will refund the sum that you paid for the original supply and delivery of the Products as soon as possible, but in any event within 30 days of you notifying Cambridge ESOL that you are returning the Products.

Delivery Policy

Once an order has been accepted by Cambridge ESOL, Cambridge ESOL will confirm by sending you a login and password required to access any Products. All times or dates for delivery stated on this website are estimates only. Cambridge ESOL will make all reasonable efforts to deliver Products within the time specified (normally within an hour of your order being accepted) but does not accept liability for any failure to deliver within that time. If your login does not arrive, please contact us immediately using the online enquiry form.

Refunds Policy

If you are dissatisfied with the Product(s), Products may be returned within 7 working days commencing the day after delivery, but in order to receive a refund for online Products, you must only have used 20% or less of the Product. To return Products, you must notify Cambridge ESOL in writing at the address given above or by email to ESOLstakeholderrelations@cambridgeesol.org Cambridge ESOL will refund the sum that you paid for the original Product(s) as soon as possible, but in any event within 30 days of you notifying Cambridge ESOL that you are returning the Products. Once you have notified Cambridge ESOL that you wish to return the Product(s), any current passwords or logins will be deactivated immediately.

Warranties

Cambridge ESOL warrants that the Products will correspond with their descriptions as set out on this website and, save to the extent that any defects are drawn to your attention before acceptance of your order, will be of satisfactory quality.  Cambridge ESOL gives no warranty that making the Products available in any particular jurisdiction outside the United Kingdom is permitted under any applicable non-United Kingdom laws or regulations. Accordingly the Products or any part of them are not offered for sale in any jurisdiction or to any customer where making those Products 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 purchase the Products.  All other express or implied terms, conditions, warranties or representations whatsoever with regard to the Products, this website or any information provided by Cambridge ESOL through this website are excluded to the fullest extent permitted by law.

Website and Product Use

In consideration of the payment by you for any Product, Cambridge ESOL grants you the non-exclusive, non-transferable licence to use such Product and the website as set out below.

You may not print off or copy a Product unless it has been expressly permitted on the website. Recognising the damage to Cambridge ESOL’s business which would flow from unauthorised use of the Products or website, you will: use best endeavours to keep such secure from unauthorised use; where applicable, log in only under your own login and password and not disclose your password to anyone; notify Cambridge ESOL immediately of any infringement of these Terms and Conditions or abuse of a login and password or if you become aware of any of any loss or theft of password(s), any unauthorised use of any of login or password or any breach of the terms of these Terms and Conditions.

THE WEBSITE, PRODUCTS AND CONTENT (INCLUDING DESIGNS) ARE THE PROPERTY OF CAMBRIDGE ESOL AND ARE TRADEMARK OR COPYRIGHT PROTECTED 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 EXPRESS WRITTEN AUTHORITY OF CAMBRIDGE ESOL.

Exclusions and limitations of liability

Nothing in these terms and conditions shall exclude or restrict the liability of Cambridge ESOL for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.

 Subject to the paragraph above, Cambridge ESOL shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss, or any indirect or consequential loss or damage, costs or expenses whatever or however arising out of or in connection with the sale and supply of the Products or the purchase or attempted purchase of the Products by persons in jurisdictions outside the United Kingdom.

 Subject to the two paragraphs above, the total liability of Cambridge ESOL, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any loss or damage, costs or expenses arising directly in connection with the sale and supply of the Products or the purchase or attempted purchase of the Products by persons in jurisdictions outside the United Kingdom shall not exceed such sum as has been paid to Cambridge ESOL for the Product concerned.

 If the limitation on the Cambridge ESOL’s liability set out in the preceding paragraph is adjudged to be unreasonable in the circumstances, the limit of Cambridge ESOL’s liability shall be increased to the amount that Cambridge ESOL can recover from its insurer for the loss in question.

Privacy

By supplying personal details to Cambridge ESOL through this website you consent to Cambridge ESOL maintaining, recording, holding and using such personal data in accordance with Cambridge ESOL’s Data Protection and Privacy Statement.

International Trade Compliance        

The Products licensed or sold under these Terms and Conditions, and the transaction contemplated hereby are subject to any applicable customs and export control laws and regulations of the United Kingdom, and may also be subject to the customs and export laws and regulations of the country in which the Products are received. You acknowledge that it is your responsibility to comply with and abide by those laws and regulations.

Amendment of the website, policies or Terms and Conditions

Cambridge ESOL reserves the right to make changes to the website, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the website or that you order Products, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).

General Terms

The failure or delay by either party to exercise or enforce any right or remedy under these terms and conditions shall not operate as a waiver of that right or remedy.

 These terms and conditions together with Cambridge ESOL’s privacy policy, any order form, any payment method instructions or any order acknowledgement, constitute the entire agreement between Cambridge ESOL and you with respect to the purchase and supply of the Products.

 Cambridge ESOL may terminate or suspend your access to, or use of, any ordering or other features of this website, without notice, for any conduct that Cambridge ESOL believes is disruptive to this website or is in violation of any applicable law or these Terms and Conditions, including without limitation any infringement of Cambridge ESOL’s or the University of Cambridge’s intellectual property.

 Cambridge ESOL will not be deemed to be in breach of these terms and conditions or held liable to the customer for any delay in performance or failure to perform any of its obligations to the customer to the extent that such delay or non-performance is due to any cause beyond Cambridge ESOL’s reasonable control.

 No person who is not a party to the contract between Cambridge ESOL and you shall have any right to enforce any term or condition of it.

 If any provision or terms of these terms and conditions shall become or be declared unlawful, invalid or unenforceable, in whole or in part, for any reason whatsoever, such provision or term or such part of it shall to that extent be severed from the remaining terms and conditions and deemed to be deleted from them as far as possible without modifying or affecting the legality, validity or enforceability of the remaining terms and conditions, which will remain in full force and effect.

 In the event of any conflict between the English version of these Terms and Conditions and any other language versions, the English version shall control to the extent of the conflict. The Products offered on this website are solely for the use of Cambridge ESOL’s customers. You may not assign your rights or obligations under these Terms and Conditions without Cambridge ESOL’s express written consent.

 These terms and conditions shall be governed by and construed in accordance with English law and any dispute arising out of the supply and purchase of the Products shall be subject to the exclusive jurisdiction of the English Courts.

Contact Details

You can contact us by post at: Cambridge ESOL, 1 Hills Road, Cambridge, CB1 2EU, United Kingdom, or by using the online enquiry form.