CBYLE

TERMS AND CONDITIONS OF USE

Information about Us

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”). The Website is hosted on Amazon Cloud.

Your use of the Services provided through this Website is governed by these legal terms and conditions (the “Terms of Use”), and by entering and using this Website You confirm that You agree to these Terms of Use.

Please read these Terms of Use carefully before using this Website or our Services. By using the website, You agree that these Terms of Use apply to Use of the Service(s) through this Website. Please note that other terms of use may apply to the use of other products or services.

You may print and keep a copy of these Terms of Use. The Terms of Use are a legal agreement between Us and can only be modified with our prior written consent.

In these Terms of Use:

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:

'Sample Test' or 'Sample Test Material' shall mean a Sample Test and any associated documentation, software or other material.

'Content' means Website content and User content provided by Cambridge.

'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.

'Licence' means the limited permission granted to Users to use this Website under these Terms of Use.

'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.

'Sample Test' shall mean Online Sample Tests owned and/or managed by Cambridge English through the Website and any associated documentation, software or other material.

'Third Party' or 'Third Party Services' shall mean the services to be delivered by Cambridge University Press or other entities and not Cambridge English.

'User(s)'/'You'/'Your' shall mean either the individual or who accesses and/or uses the Website. References in these Terms of Use to 'You', 'Your' or 'Users' are interchangeable.

'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 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, Sample Tests, answer keys, text, images, scripts, Sample Tests and sounds added to the Website by Cambridge.

  1. Access

    Subject to Your compliance with these Terms of Use, Cambridge English grants registered Users a limited, non-exclusive, non-sub licensable and non-transferable licence to access and make personal non-commercial use of the Sample Test, Content and the Website.
    1. All Users
      Each User must accept these Terms of Use.
  2. International trade compliance

    Where a User uses the Services from a country from outside the United Kingdom, European Union or the European Economic Area, in the case of conflict, ambiguity between any provision contained in these Terms of Use and the laws of that country then the jurisdiction of England and Wales will apply and these Terms of Use shall take precedence.
  3. Prohibited uses

    1. If You misuse the Sample Test, Service or Website, the Licence(s) granted to use the website may be terminated.
    2. The Licence of use granted to Users does not include any resale or commercial use of the Services, Sample Test(s), Website or Content. In accessing any part of the Website, Users agree NOT to:
      1. Engage in systematic copying or downloading of the Content, Sample Test or Services or transmit any part of the Content or Sample Test by any other means to any unauthorised user;
      2. Allow copies to be stored or accessed by an unauthorised user;
      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;
      4. Alter, amend, modify or change the Content, Sample Test or Services;
      5. Copy, download, duplicate, reproduce or exploit the Website Content, Service or Sample Test in whole or in part, for sale, resale or commercial use without our express agreement;
      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;
      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;
      8. Use data mining, robots, or similar extraction and data gathering tools;
      9. Use any Meta tags or any other “hidden text” utilising Cambridge English's names or trademarks without our express written agreement; and
      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.
    3. Except as expressly stated herein, these Terms of Use do not grant any User any rights to, or in, the prices, patents, copyrights, database right, trade secrets, trade names, trademarks (whether registered or unregistered), any derivative use of the Content, Service or Website or any other rights or licences in respect of the Content, Website, Sample Test or Service.
    4. If a User becomes aware of any misuse of the Website, or any security breach in connection with these Terms of Use that could compromise the security or integrity of the Website or otherwise adversely affect Cambridge English, or if a User learns or suspects that any Security Feature has been revealed to or obtained by any unauthorised person, the User shall promptly Cambridge English and fully co-operate with to remedy the issue as soon as reasonably practicable.
  4. Right of withdrawal of access of Website content/User content

    Where Cambridge English considers, in its sole opinion, there to have been a deliberate and/or systematic breach of applicable laws, these Terms of Use or any other applicable terms and conditions by You, it reserves the right to immediately, temporarily or permanently withdraw Your Licence to use the Website.

  5. Amendment of the website, policies or Terms of Use

    Cambridge English reserves the right to make changes to the Website, Policies, and these Terms of Use at any time. We will notify Users of changes to this website, policies, and these Terms of Use by displaying them on this webpage and they will take effect from the time they are displayed on this webpage. You will be subject to the version of the policies and Terms of Use in force at the time that You use the website. If any of these Terms of Use are deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  6. Exclusions and limitations of liability

    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.
    2. Cambridge English gives no warranty that the use of the Sample Test 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 taking the Sample Test 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 Sample Test or third party services.
    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 Sample Test, third party services.
    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.
    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. Nothing in these Terms of Use shall exclude Cambridge English's liability to You for fraudulent misrepresentation by Us or Our employees or for death or personal injury resulting from Cambridge English's negligence or that of our employees.
    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.
    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 SAMPLE TESTS INCLUDED ON THE SITE WILL BE AVAILABLE AT THE TIME OF LISTING, LAWFUL TO SELL, OR THAT THE CENTRES WILL PERFORM AS PROMISED; (d) ANY IMPLIED WARRANTY ARISING FROM SAMPLE TEST 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.
    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.
    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. Termination

    1. These Terms of Use shall remain in full force and effect for the duration of Your access to the Website, unless Cambridge English determines (in its reasonable discretion) that You are in breach of these Terms of Use or using the Website in a manner that is detrimental to Cambridge English's reputation, the Website or to other Users, in which case Cambridge English may without prejudice to any other rights or remedies that it may have, at its discretion, terminate or suspend Your access and/or exercise all rights and remedies which may be available to it in law or equity.
    2. Upon termination of this agreement for any reason
      1. All rights granted by You to Cambridge English under these Terms of Use shall remain licensed to Cambridge English as set out in clause 3; and
      2. You agree to continue to adhere to the provisions of these Terms of Use relating to any intellectual property of Cambridge English or any third party rights holder.
  8. Access

    Your use of the website and access to the Sample Test(s), Website or Services will be granted and controlled in the sole discretion of Cambridge English.

  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

    1. THE WEBSITE, SAMPLE TEST AND CONTENT (INCLUDING DESIGN, TEXT, IMAGES, SCRIPTS AND SOUNDS, ALL SAMPLE TEST 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
    2. All other rights are reserved.
  11. Jurisdiction

    These Terms of Use shall be governed by and construed in accordance with English law and any dispute arising out of the supply and purchase of the Sample Test(s) or Services shall be subject to the exclusive jurisdiction of the English Courts. The User(s) irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with these terms and conditions.

  12. Force Majeure

    Cambridge English shall have no liability to a User or third party under these Terms of Use if it is prevented from or delayed in performing its obligations under these Terms of Use, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Cambridge English or its sub-contractors.

  13. Other important terms

    1. These Terms of Use together with Cambridge English's Data Protection and Privacy Statement, constitute the entire agreement between Cambridge English and You with respect to the Use and supply of the Sample Test, Website or Services.
    2. Cambridge English will not be deemed to be in breach of these Terms of Use or held liable to the User for any delay in performance or failure to perform any of its obligations to the User to the extent that such delay or non-performance is due to any cause beyond Cambridge English's reasonable control.
    3. Cambridge English 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 English believes is disruptive to this website or is in violation of any applicable law or these Terms of Use, including without limitation any infringement of Cambridge English's Intellectual Property or other rights.
    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.
  14. Notices

    Any notice required to be given under these terms and conditions shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the address set out in these Terms of Use.

  15. Language version

    In the event that these Terms of Use are translated into any language other than English, the terms of the English Language version shall prevail.

  16. Contact us

    1. The principal place of business is at 1 Hills Road, Cambridge, CB1 2EU, England.

    2. In the event of any comments or questions concerning these terms and conditions, then please contact Cambridge English.

Data Protection and Privacy Statement

This website is provided by the Chancellor Masters and Scholars of the University of Cambridge acting through its departments University of Cambridge Local Examinations Syndicate (also known as Cambridge Assessment) and Cambridge English Language Assessment, based at 1 Hills Road, Cambridge, Cambridgeshire, CB1 2EU, United Kingdom. Cambridge English Language Assessment offers and provides teaching and examination services and related information. We are committed to protecting the privacy and confidentiality of information provided by those parties (“Users”) who access our website at www.cambridgeenglish.org and sites provided for use by staff in Cambridge English centres (“the Site”) and we uphold the relevant data protection principles and process all personal data in accordance with the Data Protection Act 1998.

  1. Collection of personal information

    In order for Users to use some of our online services and to gain the full benefits of such services we need to collect and process various personal data. In the sample Speaking test, your voice will be recorded and stored for a maximum of 48 hours, following which it will be destroyed securely.

  2. Processing of data

    The personal data we collect is used to process your request for our services and to provide such services.

  3. Disclosure of information to third parties

    We will use our reasonable endeavours not to disclose Users' information to any other third parties, unless we are required to do so by law or any court order, unless a User consents to such disclosure.

  4. Security

    This Site and our computer systems have security measures in place with the aim of protecting the loss, misuse or alteration of the information Users provide to us.

  5. Comments/questions

    Any comments or questions about our Data Protection and Privacy Statement may be sent to us by contacting the Helpdesk team or writing to us at the above address.

  6. Changes to this statement

    We will notify Users of changes to this Data Protection and Privacy Statement by displaying them on this webpage.

  7. Cookies

    We use cookies on this site. This enables us to personalise your experience of our site by recording details about use of the site as a file on your computer. You can disable the use of cookies but this may limit the functionality of web pages on our site, or your access to our site. For further information about how this Cambridge English: Young Learners Sample test uses cookies, visit Use of cookies in Cambridge English: Young Learners computer-based sample tests.

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