These terms and conditions apply to all online Courses provided by Cambridge Assessment Network from The University of Cambridge Local Examinations Syndicate known as Cambridge Assessment of The Triangle Building, Shaftesbury Road, Cambridge CB2 8EA (“Cambridge Assessment” “We” or “Us”).
You may only Register on the Course via our Website. By selecting the “Accept” checkbox you agree to these terms and conditions which will bind you. If you do not agree to these terms and conditions you must not continue with the Registration.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including without limitation, the Course Materials.
“Course(s)” means an online course delivered by Cambridge Assessment Network.
“Course Materials” means any and all information, documentation and data provided by Cambridge Assessment Network as part of a Course.
“Course Start Date” means the official start date of the Course as notified by Us.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, design and registered designs, trademarks, right in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“VLE” means the Virtual Learning Environment.
“Website” means the Cambridge Assessment website (http://www.cambridgeassessment.org.uk/events).
“You” “Your” means the individual or the company/organisation/entity purchasing the Services.
“A101 Course” means the A101: Introducing the Principles of Assessment Course.
“A102 Course” means the A102: Introducing Assessment Practice Course.
- 2.1 A description of the Course together with the dates on which the Course will begin are available on the Website. We will provide the Course with reasonable skill and care in accordance with the description set out on the Website.
- 2.2 We reserve the right to vary or withdraw any of the Services described on the Website without notice.
- 2.3 We do not guarantee to you that the Course will meet your needs or that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of a Course.
A101 Course and A102 Course
- 3.1 To be able to undertake the Courses You must have a level of English equivalent to B2 on the CEFR (Common European Framework of Reference for Languages: Learning, Teaching, Assessment).
- 3.2 To be eligible for the Statement of Participation and to complete the assignment You must undertake each weeks activities during the Courses (course outline for A101 is available on the Website), which may include posting on the discussion forum and/or completing and submitting a response to a quiz/question.
- 3.3 You must log in to the Courses within 2 weeks of the start date. If you wish to defer to a later course this must be done in accordance with clause 8.3. Failure to log in within 2 weeks of the start date will result in Your access being taken away and You will be unable to complete the Courses.
- 3.4 We will provide You with access to the VLE for a period of three months after completion of the Courses. At the end of this period Your access will terminate automatically.
Bookings for Courses are taken on a first come first served basis and must be made online. We do not accept provisional or telephone bookings.
- 5.1 In order to enrol on the Course You must follow the Registration process set out above.
- 5.2 When You place an order for a Course via the Website You are offering to purchase a Course on these terms and conditions. We reserve the right to cancel or decline Your order or any part of Your order at any time until it has been confirmed by Us.
Code of Conduct
- 6.1 You agree to ensure that any details with which You supply to Us through the Registration process are accurate and You will let us know promptly if any of the details about you change.
- 6.2 If accessing any part of the VLE, including discussion forums, You agree:
- 6.2.1 not to use the VLE in such a way that disrupts, interferes with or restricts the use of the VLE by any other third party users;
- 6.2.2 to ensure that any materials uploaded, displayed or transmitted by You through or to the VLE are not false, offensive, defamatory, threatening, obscene or 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 such materials.
- 7.1 You consent to us holding and processing Your data relating to You for legal, personnel, administrative and management purposes as defined in the Data Protection Act 1998 or subsequent legislation.
- 7.2 You consent to us making such data available to the University of Cambridge Local Examinations Syndicate and its group, the University of Cambridge and our suppliers.
- 7.3 Cambridge Assessment will correspond with you by automated messages in connection with the Course. You consent to receiving automated emails, automated alerts and scheduled reminders from us. You confirm that You will not unsubscribe from receiving such automated messages as this is a condition of enrolment on the Course. If You unsubscribe Cambridge Assessment will accept no liability whatsoever in the event that you are unable to access or complete the Course.
Cancellation and Variation
- 8.1 Subject to clause 8.4 below, where You have purchased the Course but have not commenced the Course and have given at least 7 days’ notice to Us prior to the Course Start Date You may cancel and receive a full refund.
- 8.2 Subject to Clause 8.4 below, where You have purchased the Course but have not commenced the Course, if you cancel giving less than 7 days’ notice of the Course start date, or where you have commenced the Course and within 14 days of commencing the Course You cancel the Course you will receive a refund of your fees minus an administration fee of £75.00.
- 8.3 Subject to Clause 8.4 below, after purchasing the Course, in the event that Your circumstances change, You may contact Cambridge Assessment to ask for deferment to a later Course. This will be subject to the following.
- 8.3.1 You can only seek to defer to a later Course within 14 days of the Course start date and any deferment must be to a Course which starts within 12 months of the original Course start date;
- 8.3.2 Deferment to a later Course is only permitted once;
- 8.3.3 If You have deferred to a later Course You will not be entitled to cancel the Course and receive a refund in accordance with Clauses 8.1 and 8.2 above.
- 8.4 Notwithstanding clauses 8.1, 8.2 and 8.3 there is no other right to cancel or vary your purchase of the Services and any other cancellation and/or variation of course dates will be at the entire discretion of Cambridge Assessment.
- 8.5 We reserve the right to amend, postpone or cancel any Course, Course times, dates or published fees. Changes to Course fees, times and dates will be advised before the Course start date and any Course fees already paid in full will not be subject to the increased fees.
- 8.6 In the event of insufficient enrolments on the Course, We will give notice of cancellation of the Course one week prior to its start date. Should We cancel the Course for insufficient enrolments all course fees paid will be refunded.
- 9.1 The fees for the A101 Course are on the Website.
- 9.2 The fees for the A102 Course are on the Website.
- 9.3 Payment of the Course fees can be by credit or debit card (excluding American Express) and is via a secure online payment system. Alternatively, You may request that Your organisation is invoiced for the fees by selecting the appropriate option when booking. All invoices shall be paid within 28 days of receipt of the invoice, failure to pay or pay on time may affect Your right to participate on the Course. You will not be certificated for the Course until all invoices have been paid in full.
- 9.4 Pursuant to Item 1 Group 6 Schedule 9 Value Added Tax Act 1994 the provision of Services under this Agreement is an exempt supply for UK VAT purposes. All sums payable, or consideration given, under this Agreement is exclusive of UK VAT. In the event that this tax applicability or applied rate of tax should be shown to be incorrect all payments due hereunder shall be deemed to be inclusive of applicable taxes. You shall comply with all applicable local laws and regulations of its jurisdiction including, without limitation, You shall pay any taxes including those applicable to the Course (where such taxes cannot by law be paid by You, the Fees shall be increased/grossed up to offset the amount withheld for such taxes).
- 10.1 Although We aim to provide the Services to the highest standards, We do not accept any liability for (i) any inaccuracy or misleading information provided in the Course Materials and any reliance by You on any such information (ii) any loss or corruption of data (iii) any loss of profit, revenue or goodwill or (iv) any indirect, special or consequential loss arising from any breach of the terms of this agreement.
- 10.2 It is Your responsibility to ensure that You complete a Course (including the assignment if You have chosen to do this). If you are purchasing a Course for Your employee it is Your responsibility to ensure that Your employees complete the Course (including the assignment). We accept no liability for Your failure to complete a Course (including the assignment) under any circumstances whatsoever.
- 10.3 The Website or VLE may include hypertext links to third party websites. We accept no responsibility for and can give no warranties, guarantees or representations in respect of, the content or availability of materials on any third party website.
- 10.4 Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 10.7 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
- 10.5 Subject to clause 10.7 below Cambridge Assessment’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and where the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Course in relation to which a dispute has arisen.
- 10.6 This Course is conducted entirely online and You must ensure that You have access to suitable computer facilities with internet connection for the duration of the Course. Cambridge Assessment shall not be liable for and will not reimburse any expenses that You may incur as a result of following this Course including, but not limited to, computer hardware and internet service provider fees.
- 10.7 You acknowledge that we cannot guarantee that our VLE will always be available to you owing to the nature of the internet. In addition You acknowledge that our VLE may be unavailable owing to maintenance, but where possible we will carry out such maintenance outside core operating hours, and we will try to minimise the period of any disruption.
- 10.8 Nothing in this agreement shall exclude or limit Cambridge Assessment’s liability for (i) death or personal injury caused by negligence (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
- 11.1 All intellectual property rights in the Course Materials and the Course(s) are and remain the intellectual property of Cambridge Assessment, whether adapted, written for or customised for You or not.
- 11.2 You are not authorised to:
Breach by You of this clause 11.2 shall allow us to immediately terminate these terms and conditions with You and cease to provide You with any Services, including but not limited to access to the Course(s).
- (i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without the prior written permission of Cambridge Assessment;
- (ii) record on video or audio tape, relay by videophone or other means the whole or any part of the Course(s);
- (iii) use the Course Materials in the provision of any other course or training whether given by Cambridge Assessment or any third party trainer;
- (iv) remove any copyright or other notice of Cambridge Assessment on the Course Materials;
- (v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software forming part of the Course(s).
- 11.3 In consideration of the Fees paid by You, We grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Course(s) for the sole purpose of completing the Course(s).
- 12.1 Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
- 12.2 Either party may disclose the Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
- 12.3 This clause shall continue notwithstanding termination of these terms and conditions.
- 13.1 We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- (a) fail to pay when due your Fees;
- (b) act in an aggressive, bullying, offensive, threatening or harassing manner when making postings to the discussion forum;
- (c) cheat or plagiarise any work which you are required to prepare or submit in connection with the Services;
- (d) are in breach of any of these terms and conditions.
- 13.2 On termination clauses 10 (liability), 11 (intellectual property) and 12 (confidentiality) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to You and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
These terms and conditions, together with any Course specific terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. We may make changes to these terms and conditions at any time and the updated terms and conditions will be posted on Our Website and will take effect from the date they are posted on the Website. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for fraudulent misrepresentation.
We shall not be liable to you for any breach of our obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including but not limited to fires, floods, earthquakes and other acts of god or terrorism.
You can contact us by any of the following methods:
Post: Cambridge Assessment, The Triangle Building, Shaftesbury Road, Cambridge CB2 8EA
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Each party irrevocably agrees to submit to the non-exclusive jurisdiction of the Courts of England over any claim or matter arising out of or in connection with these terms and conditions.
Last updated: 17 December 2018