Information about Us
This Website is provided and operated by Isle Interactive ("Isle") and the Chancellor, Masters and Scholars of the University of Cambridge acting through its departments, University of Cambridge Local Examinations Syndicate ("UCLES"), Cambridge English Language Assessment based at 1 Hills Road, Cambridge, Cambridgeshire, CB1 2EU, United Kingdom ("Cambridge English Language Assessment") under these Terms of Use. Your use of the Website is subject to Your acceptance of these Terms of Use.
Cambridge English Language Assessment is working with Isle, a digital agency, to create a free trial of a digital tool You can use to create a preparation course tailored for Your students preparing for the Cambridge English: First (FCE) for Schools exam. You can use this tool to design a preparation course for Your students based on the number of teaching weeks available for preparation, the number of teaching hours available per week and Your prioritisation, if any, of the four core competencies (Reading, Writing, Listening and Speaking). These materials are available for You to use until 31 July 2016.
Your use of the Services provided through this Website is governed by these legal terms and conditions, including the Cambridge English Language Assessment Data Protection and Privacy Statement (the "Terms of Use"),. Cambridge English Language Assessment is not responsible for the hosting of the Website.
Please read these Terms of Use carefully before using this Website or our Services. By entering and using the Website, You agree that these Terms of Use apply to Your Use of the Service(s) through this Website.
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:
'Content' means all material, contained on the Website including without limitation all articles, content, Platform Material, answer keys, text, images, scripts, and sounds added to or provided for the Website by Cambridge English Language Assessment but excluding any User content, content generated or produced by Us or any other party.
'Intellectual property rights' means all Intellectual property rights of Cambridge English Language Assessment 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.
'Weekly' shall mean the online platform owned and or managed by Cambridge English Language Assessment through the Website and any associated documentation, software or other material, include any notes made by You to support Your use of Weekly. The Intellectual property rights in Weekly are owned by Cambridge English Language Assessment exclusively.
'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.
'Platform Material' shall mean the Cambridge English: First (FCE) for Schools preparatory material, including any associated documentation, software or other material provided to You through this Website, in which all Intellectual Property rights are owned by Cambridge English Language Assessment.
'Security Feature' means any security feature implemented by Cambridge English Language Assessment including any key, PIN, or password.
'Service' or 'Services' shall mean the Weekly pilot for the course building materials to be delivered through this Website.
'Third Party' or 'Third Party Services' shall mean the Services to be delivered by Isle or other entities and not Cambridge English Language Assessment.
'Trial' means the provision of these Services until 31 July 2016.
'User(s)'/'You'/'Your' shall mean either the individual who accesses and/or uses the Website as a result of an invitation from Cambridge English Language Assessment. References in these Terms of Use to 'You', 'Your' or 'Users' are interchangeable.
'User Content' is data provided or generated by User(s) of the Website and is owned and managed as set out in the Data Protection and Privacy Statement.
'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 operated and controlled by Cambridge English Language Assessment and notified to You as part of Your Use of the Services from time to time.
'Works' means any feedback, notes, records and comments created by You during Your Use of the Services.
1. Access
Subject to Your compliance with these Terms of Use, Cambridge English Language Assessment grants registered Users a limited, non-exclusive, non-sub licensable and non-transferable licence to access and make personal non-commercial use of the Platform Material and Content.
1.1 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 where possible will apply and these Terms of Use shall take precedence.
3. Prohibited uses
3.1 If You misuse the Platform Material, Service or Website, the Licence(s) granted to use the Platform Material 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, Platform Material(s), Website or Content. In accessing the Platform Material, Content and Services, Users agree NOT to:
3.2.1 Engage in systematic copying or downloading of the Content, Platform Material or Services or transmit any part of the Content or Platform Material 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 Content available in any other form or medium or create derivative works, in whole or in part, without the written permission of Cambridge English Language Assessment;
3.2.4 Alter, amend, modify or change the Content, Platform Material or Services;
3.2.5 Copy, download, duplicate, reproduce or exploit the Content, Service or Platform Material 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 Service 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 Language Assessment's name 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.
3.3 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 the Platform Material or any other rights or licences in respect of the Content, Website, Platform Material or Service.
3.4 If a User becomes aware of any misuse of the Content, Platform Material or any security breach in connection with these Terms of Use that could compromise the security or integrity of the Content or Platform Material or otherwise adversely affect Cambridge English Language Assessment, 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 notify and fully co-operate with Cambridge English Language Assessment to remedy the issue as soon as reasonably practicable.
4. Right of withdrawal of access of Content/User content
Where Cambridge English Language Assessment 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 and Platform Material.
5. Amendment of the website, policies or Terms of Use
Cambridge English Language Assessment reserves the right to make changes to the Content, Policies and these Terms of Use at any time. We will notify Users of changes to the use of the Service, 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 Service. 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
6.1 Isle is responsible for the hosting of the Website and ensuring that the availability of the Service 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.
6.5 Cambridge English Language Assessment 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, Content or of any other website linked to it, or from reliance on the Content or any material or Content accessed through it.
6.6 Nothing in these Terms of Use shall exclude Cambridge English Language Assessment's liability to You for fraudulent misrepresentation by Us or Our employees or for death or personal injury resulting from Cambridge English Language Assessment's negligence or that of our employees.
6.7 Cambridge English Language Assessment shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Cambridge English Language Assessment by the User in connection with the Website or Service, or any actions taken by Cambridge English Language Assessment at the User's direction.
6.8 Cambridge English Language Assessment 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 Platform Materials included on the site will be available at the time of listing, lawful to sell; (d) any implied warranty arising from the Platform Material 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 Language Assessment, is excluded to the full extent permissible under applicable law. Cambridge English Language Assessment 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 Platform Material and the Service 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 Website, the Service or Platform Material 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 Language Assessment'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 Language Assessment can recover from its insurer for the loss in question.
7. Termination
7.1 These Terms of Use shall remain in full force and effect for the duration of Your access to the Service and the Platform Material, unless Cambridge English Language Assessment determines (in its reasonable discretion) that You are in breach of these Terms of Use or using the Service or Platform Material in a manner that is detrimental to Cambridge English Language Assessment's reputation, Isle, the Website or to other Users, in which case Cambridge English Language Assessment 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.
7.2 Upon termination of this agreement for any reason You agree to continue to adhere to the provisions of these Terms of Use relating to any Intellectual property rights of Cambridge English Language Assessment or any third party rights holder.
8. Access
8.1 Your use of the website and access to the Platform Material(s), Website or Services will be granted and controlled in the sole discretion of Cambridge English Language Assessment.
9. Data protection, privacy and confidentiality
9.1 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 Platform Material and Our Services.
9.2 By using the Services You agree that Cambridge English Language Assessment may collect and use technical data and related information – including but not limited to the technical information about your device, system and application software, and peripherals - that is gathered periodically to facilitate the provision of product support and other services to You (if any) related to the Services. By using the Services, you agree that Cambridge English Language Assessment may use this information, as long as it in in a format that does not personally identify You, for the purpose of providing the Services, customising and improving the Services.
9.3 By using the Services, You agree that Cambridge English may use the Works, as long as it in in a format that does not personally identify You, for the purpose of providing the Services, customising, improving and promoting the Service
10. Copyright and intellectual property
10.1 The Content and Platform Material (including design, text, images, scripts and sounds, all material and all technical infrastructure relating to it) are the property of Cambridge English Language Assessment 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 Language Assessment. © UCLES 2016
10.2 In consideration for Your use of the Services, the sufficiency of which is acknowledged by Your use of the Services, You hereby assign by way of present and future assignment absolutely with full title guarantee, free from encumbrances, the following rights throughout the world:
10.2.1 the entire copyright and all other rights in the nature of copyright subsisting in the Works ; and
10.2.2 all other rights in the Works of whatever nature, whether known or created in the future, to which You are now, or at any time after the date of Your use of the Services, may be entitled by virtue of the laws in force in the United Kingdom
in each case for the whole use of the Services including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recover) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the Trial.
10.3 Without prejudice to any other terms of this clause 10, You shall grant to Cambridge English Language Assessment a fully paid up, royalty free, transferable sub-licensable, non-exclusive, worldwide, perpetual and irrevocable licence to Use the Works that have not been assigned to Cambridge English Language Assessment pursuant to clause 10.2.
10.4 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 Platform Material(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
12.1 Cambridge English Language Assessment 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 Language Assessment or its sub-contractors.
13. Other important terms
13.1 These Terms of Use constitute the entire agreement between Cambridge English Language Assessment and You with respect to the Use and supply of the Platform Material or Services.
13.2 Cambridge English Language Assessment 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 Language Assessment's reasonable control.
13.3 Cambridge English Language Assessment may terminate or suspend Your access to, or use of, or other features of Platform Material or Services, without notice, for any conduct that Cambridge English Language Assessment believes is disruptive or is in violation of any applicable law or these Terms of Use, including without limitation any infringement of Cambridge English Language Assessment's Intellectual property rights or other rights.
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.
14. Notices
Any notice required to be given under these Terms of Use 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
16.1 The principal place of business of Cambridge English Language Assessment 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 Cambridge English Language Assessment.
