Terms & Conditions

  1. Definitions

In the wording that follows,

"EnglishScore", "We", "us" and "our" refer to BC EnglishScore Limited, a company located in the United Kingdom with registered offices at 1 Hammersmith Broadway, London W6 9DL.

"Site" refers to www.englishscore.com and any other domains and subdomains operated by EnglishScore;

"App" refers to any and all versions of mobile applications published and authored by EnglishScore or it's recognised partners;

"Services" refers to the services provided by EnglishScore to its registered members which enable registered members to take a language proficiency test, receive their test scores, purchase and receive a digital asset certifying their test score, receive 3rd-party product recommendations, and related services;

"Content" refers to text, images, audio files, video and other media published within the App or on the Site, including test questions;

"Certificate" refers to a bespoke, personalized digital product displaying a registered member's information and their Test result, made available to registered members within the App upon completion of a valid Test and purchase or other grant of license pursuant to these Terms of Use.

"Test" refers to the EnglishScore test which is part of the App and may be taken by a licensed user of the App to rate and score English language proficiency.

2. License and Acceptable Use

Subject to your agreement to and compliance with these Terms of Use, we grant you a non-exclusive, non-transferable, non-sharable, revocable, non-perpetual limited license to use the App, Certificate and Services solely for [personal, non-commercial] use in accordance with the Terms of Use.

YOU MAY NOT TRANSFER THE APP, CERTIFICATE OR SERVICES TO SOMEONE ELSE

We are granting you personally the right to use the App, the Certificate and the Service as set out above and you may not otherwise transfer or share the App, the Certificate or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

2.1 License Registrations

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App, the Certificate or the Services in any form, in whole or in part to any person without prior written consent from us;

• not copy the App, the Certificate or Services, except where it is necessary for the purpose of back-up or operational security;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Certificate or Services nor permit the App, the Certificate or the Services or any part of them to be combined with, or become incorporated in any other programs, except as necessary to use the App, the Certificate and the Services on devices as permitted in these terms;

2.2 Acceptable Use Registrations

You agree that you will:

• not use the App, the Certificate or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by inserting malicious code, such as viruses or harmful data, or hacking into the App, any Service or any operating system;

• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service.

If you don't agree with (or cannot comply with) the Agreements, then you may not use the App, Certificate, Services or access any Content.

3. Registration

You may access areas of the App that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

To become a registered licensee of the App you must be at least 18 years old. During registration we will ask you to confirm that you are over 18, and you must ensure that the registration information you submit to EnglishScore is true and correct.

You agree to notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others.


4. Copyright and Ownership of Content

All intellectual property rights in the App (including any software and Content), the Certificate and the Services throughout the world belong to us (or our licensors) and the rights in the App (including any software and Content), the Certificate and the Services are licensed (not sold) to you. You acknowledge and agree that you have no intellectual property rights in, or to, the App (including any software and Content), the Certificate or the Services other than the right to use them in accordance with these terms.


5. Payment and purchases

When you purchase or are otherwise granted a license to use the App, a Certificate or the Services, you do so pursuant to the provisions in these Terms of Use. In the event that you violate these Terms of Use or we have a reasonable basis for suspicion that you have violated the Terms of Use then we may, in our sole discretion, terminate your account and immediately block your access to the App and revoke your license to use the App, any Certificate purchased or downloaded and the Services.

6. Prohibited Conduct

You must not:

6.1 Download, screenshot, photograph or copy any of the Content, including test questions and sample questions;

6.2 Share the Content, including test questions and answers, with anybody else, or publish such content online;

6.3 Take a Test on behalf of anyone but yourself;

6.4 Allow anyone to take the Test on your behalf or help you during a test;

6.5 Submit a false name, or somebody else's name, when you purchase a Certificate;

6.6 Submit a photograph of someone else when you purchase a Certificate;

6.7 Cheat on a Test;

6.8 Make your own copies of Certificates;

6.9 Modify Certificates;

6.10 Sell, or offer for sale, your Test results or Certificates;

6.11 Create multiple user accounts.

7. Termination

7.1 If you no longer wish to have a registered account, you may terminate your account by sending an email to contact@englishscore.com. If you no longer accept these Terms of Use, or any future modifications to these Terms of Use, you must cease using the App. Continued use of the App indicates your continued acceptance of these Terms of Use.

If you request for us to terminate your account, and you have already purchased a Certificate, you may download a copy for your own use, but be advised that our verification service for your Certificate may cease.

7.2 If, for any reason, we believe that you have not complied with these Terms of Use, we may, at our sole discretion, suspend and/or block your access to the App or terminate your registered account immediately and without prior notice. We will terminate your registered account by emailing you at the address you have registered stating that the agreement has been terminated and that all related license rights to the App, Certificate and Services have been revoked.

7.3 If we terminate your account and notified you that we have revoked your license to use the App, any Certificate and Services:

  • You must stop all activities authorised by these terms, including your use of the App, any Certificate and the Services;

  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;

7.4 If you or EnglishScore terminate your account, or if EnglishScore suspends or blocks your access, you agree that EnglishScore shall have no liability or responsibility to you for any losses you may suffer as a result, and EnglishScore will not be liable to refund any amounts that you have already paid for the App, Certificate or Services.

7.5 If we terminate your registered account because we suspect you have violated these Terms of Use, we may withdraw your access to any Certificates you have purchased, and we may remove your Test results from the database used by third parties to verify test results. If we notify you that your access to Certificates has been withdrawn, this constitutes a revocation of your license to use any Certificates already purchased or downloaded.

7.6 EnglishScore may change or withdraw the Content and/or Services we provide to registered users at any time, in which case we will provide you with reasonable notice in advance of doing so.

8. Payment and purchases

When you purchase a Certificate, you do not own the file we send you but instead you purchase a limited [personal] revocable license valid for use until the expiry date stated on the Certificate unless earlier terminated and/or revoked pursuant to these Terms of Use


9. Collection of Data

9.1 We may collect technical data about your device. By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

9.2 We may collect location data (but you can turn location services off) and may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.


10. Disclaimer of Warranty and our Responsibility for Loss or Damage

10.1 We give no warranties of any kind concerning the App, the Certificate, the Services or the Content. In particular, we do not warrant that the App or the Content is virus free and we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

10.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

10.4 We are not liable for business losses. The App, Certificate and Services are for domestic and private use. If you use the App, the Certificate or Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will take steps to minimise the effect of the delay and shall not be liable for delays caused by the event.

11. Disclaimer of Liability for Content and Disruptions

11.1 To the extent permitted by law, we do not accept any responsibility for any statement in the Content. Nothing in the Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Content or any part of it. You can access other sites via links from the App and Site. These sites are not under our control and we are not responsible in any way for any of their contents.

11.2 Although we will do our best to provide constant, uninterrupted access to the App, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

11.3 We are not responsible for other websites you link to. The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

12. Changes to Terms of Use

12.1 These Terms of Use were created on 20th March 2019.

12.2 We may amend these Terms of Use at any time. We will give you reasonable notice of any changes to these Terms of Use which may affect you. By continuing to use the App once this notice has been given, you agree to be bound by the amended Terms of Use. If you no longer agree to the Terms of Use after notice has been given, you must stop using the App. You may also, if you wish, terminate your registered account in the manner specified under 'Termination' above.

12.3 We may update the details within Schedules to the Privacy Policy at any time without notifying you.

12.4 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

12.5 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

13. Governing Law

These Terms of Use are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

14. Privacy Policy

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.britishcouncil.org/privacy-cookies