Terms and conditions of sale for University of London exams

1. Definitions and interpretation

The following definitions and rules of interpretation apply in these terms.

1.1 Definitions:

Account creation confirmation means the order acknowledgement displayed to you in the Test taker portal and which shows that the British Council has received your order and is processing it.

British Council entities is defined in the introduction to these terms.

British Council means the UK Charity or other British Council entity selling the University of London exam to you as notified to you in the Test taker portal and the order confirmation.

Cancellation period means the 14-day cancellation period, starting on the day after the date that the order confirmation is provided to you by the British Council in accordance with clause 1.4.

Complaints page is a country-based page on a British Council’s local country website, where contact details can be found for submitting feedback, comments and complaints.

Contract means the legally binding contract between you and the British Council on these terms.

Exam Centre means the location where the University of London exam will be held.

Exam Date means the date of the University of London exam purchased under these terms.

Exam Fee means the fee paid by you for the University of London exam.

General terms and conditions means the terms set out in Part 2 of these terms.

Payment confirmation means an order confirmation emailed to you in accordance with clause 1.3 of the General terms and conditions.

Payment processor means the British Council’s designated third-party payment gateway provider. Privacy policy has the meaning given to the term in clause 11.2.

Terms means these terms and conditions of sale (including the introduction, these definitions, the General terms and conditions and the Special terms and conditions) and any other documents referred to in them.

Test taker portal is defined in the introduction to these terms, and means the online platform through which you have purchased a University of London exam.

UK Charity means the British Council entity incorporated in England and Wales by Royal Charter and registered as a charity (under number 209131 in England and Wales and number SC03773 in Scotland), whose registered office is at 2 Redman Place, London, E20 1JQ.

University of London exam means the examination owned and set by the University of London and invigilated by the British Council whether online or in an Exam Centre.

VAT means any applicable value added or sales tax.

You means the person agreeing to these terms and ‘your’ will be construed accordingly.

1.2 Interpretation:

(a) References to Parts are to the parts of these terms and, unless stated otherwise, references to clauses in a Part are to the clauses of that Part.

(b) Any words following the terms including, include, in particular, for example or any similar expression are illustrative.

(c) Any references to calendar are to the Gregorian (western) calendar and any reference to day means calendar day, or month means calendar month.

1. How the contract is formed

1.1 The pages of the Test taker portal will guide you through the steps you need to take to register for a University of London exam. The online registration process allows you to verify and correct any errors before submitting your registration. Read carefully and check your registration at each stage of the online registration process.

1.2 By submitting an online registration for a University of London exam through the Test taker portal, you confirm that you are at least 18 years of age. If the person who is going to take the University of London exam is under 18 years of age, it will be obligatory to state the contact details of the parent or legal guardian of the person taking the University of London exam.

1.3

(a) Once you have submitted your order you will receive an account creation confirmation stating that the British Council has received your registration and is processing it.

(b) Once the payment processor receives a legitimate payment for the University of London exam into its designated bank account, or payment is otherwise made in accordance with these terms, your payment confirmation will be emailed to you.

1.4 The account creation confirmation confirms the British Council’s acceptance of your registration and the contract will only be formed, and become legally binding, when the account creation confirmation is provided to you.

1.5 Where a registration deadline is set with regard to a specific Exam Date, the British Council reserves the right not to accept registrations after the registration deadline.

1.6 Details regarding the University of London exam will be provided in the description of the University of London exam as part of the online registration process and will be sent to you as part of the payment confirmation by email in accordance with clause 6.1.

2.1 All Exam Fees for University of London exams offered through the Test taker portal will be displayed on the Test taker portal. All Exam Fees quoted are exclusive of VAT but include applicable taxes and charges incurred by the British Council for use of debit or credit cards unless otherwise stated. Exam Fees may change from time to time, but this will not affect any registration which has been confirmed by an account creation confirmation.

2.2 The Test taker portal will state the methods of payment by credit or debit card and the payment processor affiliated to the Test taker portal.

2.3 Payments by credit or debit card made in accordance with clause 2.2 are processed immediately via the payment processor over a secure link. No card details are held by the British Council. You may incur charges for the use of debit or credit cards from your provider and such charges are in addition to the advertised Exam Fee.

2.4 The British Council treats payment by credit or debit card whether online in accordance with clause 2.2 as confirmation that you are the person authorised to use such credit card or debit card and that you are over the age of 18 years.

2.5 For the avoidance of doubt, until you have paid for the University of London exam in full, you shall have no right to take the University of London exam and the British Council may prevent you from taking the University of London exam without liability to you.

3.1 The British Council may cancel the contract by giving you notice in writing (whether by email or otherwise) for any reason at any time prior to the Exam Date. If the British Council cancels the contract pursuant to this clause 3.1, it will refund the full Exam Fee paid by you for the University of London exam.

3.2 The British Council may also cancel the contract at any time, without liability to you if:

(a) you materially breach these terms;

(b)the British Council is unable to provide the University of London exam due to a reason beyond its reasonable control.

3.3 If the British Council cancels the contract under clause 3.2 (a), the British Council will be entitled to retain (or be paid the balance of, as the case may be) the Exam Fee paid by you in full.

3.4 If the British Council cancels the contract under clause 3.2 (b), you will be entitled to choose either: (i) to receive a full refund of the Exam Fee; or (ii) (subject to availability and agreement with the University of London) to book an alternative Exam Date to complete the University of London exam. If you choose option (ii) and the Exam Fee for the alternative Exam Date is greater than the Exam Fee for the cancelled Exam Date, you will be required to pay the difference in accordance with those payment terms set out in clause 2 or otherwise agreed with the British Council. If you choose option (ii) and the Exam Fee of the alternative Exam Date is lower than the Exam Fee for the cancelled Exam Date, the British Council will refund to you the difference. You must notify the British Council in writing (see clause 16.1 below for the relevant contact details), of your preferred option within fourteen (14) calendar days from the date of you being notified by the British Council that the contract has been cancelled. If we do not hear from you in the specified time period, we will refund the sum due to you.

4.1 If you cancel the contract within the cancellation period, you will receive a reimbursement of the Exam Fee and no administration costs will be deducted.

4.2 If you cancel the contract outside the 14-day cooling off period but before the University of London’s published registration deadline, you will receive a refund and the British Council may deduct its administrations costs before reimbursing you. 

4.3 If you cancel your University of London exam registration after the University of London’s published registration deadline and outside the cooling-off period, no refund will be issued. 

4.4 Under special circumstances, such as a death in the family of serious health issues relating to you or your family member, a free refund may be granted provided you submit relevant documents within 4 weeks after the Exam Date. 

4.5 To exercise the right to cancel, you can do so on the Test taker portal.

4.6 The British Council will make any repayments due to you under this clause 4 without undue delay, and not later than 14 days after it is informed about your decision to cancel the contract.

4.7 The British Council will make the repayment using the same means of payment as you used for the initial transaction.

4.8 The British Council is under a legal duty to supply services that are in conformity with this contract. As a consumer, you have legal rights in relation to services that are not as described - you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back). These legal rights are not affected by anything in these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office or local equivalent.

5.1 The British Council will ensure that the University of London exam is delivered in all material respects as described on the Test taker portal or otherwise. However, the British Council will be entitled to make variations to the delivery of the University of London exam where those variations do not alter the University of London exam materially.

5.2 The British Council expects you to take reasonable care to satisfy yourself that the University of London exam will meet your needs. The British Council does not guarantee that you will obtain any particular result from the University of London exam.

5.3 The University of London exams are scheduled on particular dates by the University of London, and the British Council is not able to offer any postponement or change of Exam Dates. No postponement or change of Exam Date will be processed by the British Council. Nothing in this clause 5.3 shall detract from your right to cancel the contract in accordance with clause 4.1.

6.1 You will receive payment confirmation with details of the University of London exam including the Exam Date and timetable, and in the case of in-centre exams the address of the Exam Centre or in the case of online exams further log in instructions, via email after you have paid for the University of London exam on the Test taker portal. If you do not receive the payment confirmation, you should contact your local British Council office immediately. If you do not attend the University of London exam because you did not receive the payment confirmation and this was not reported to your local British Council office, you will not be entitled to a refund of the Exam Fee.

6.2 You should arrive at least 15 minutes before the start time of the University of London exam. If you arrive late, you may be denied admission to the University of London exam.

6.3 You must show your official, original and valid identity document (which must include a recent photo). Such documents may include:

6.3.1 Valid National Identity card;

6.3.2 Valid Passport; and

6.3.3 Valid biometric residence permit with a photo included.

6.4 If you do not bring an official, original and valid identification document as specified in clause 6.3, you will not be able to take the University of London exam and will not have the right to request a refund of the Exam Fee.

6.5 If you are under 18 years of age, you will be required to bring a consent form signed by your parent or legal guardian in order to leave the Exam Centre upon completion of the University of London exam. You must contact your British Council office in advance of the exam to receive the form.

6.6 We recommend that you do not bring any non-essential material to the University of London exam. We remind you that electronic devices, including mobile phones, smart watches, digital recorders, tablets and cameras etc. are prohibited in the exam room.

6.7 In the event that, during the University of London exam, an incident occurs that you consider may have affected your work, you must inform the supervisor or invigilator of the University of London exam before you leave the Exam Centre. You must also contact the Exam Centre in writing within 12 hours after the University of London exam.

6.8 At the end of the University of London exam you should leave all the University of London exam materials in the exam room. If you try to extract any material from the exam room, you will be reported to the University of London for malpractice and may not receive your exam results.

6.9 You must behave according to the rules set out on the Exam Date of the University of London exam. Smoking and/or eating inside the test room is strictly prohibited. If you fail to behave appropriately, the British Council reserves the right to request you to leave the exam room.

7.1 You must not engage in any form of malpractice that could damage the integrity and/or safety of the University of London exam. Malpractice includes, but is not limited to, the following:

7.1.1 attempts to copy in any way, including copying the work of another candidate or using notes of any kind or any device;

7.1.2 attempts to help another candidate to copy;

7.1.3 impersonating another candidate or having another candidate impersonate you;

7.1.4 interrupting the University of London exam in any way;

7.1.5 using inappropriate language during the test or in writing and speaking test components; and

7.1.6 altering the data contained in the Test taker report.

7.2 If you are involved in any type of malpractice, you will not be allowed to complete the University of London exam. If you are found to have been involved in malpractice after the exams have finished the British Council will inform the University of London who will initiate further steps.

8.1 Your results will be made available to you by the University of London. The British Council has no influence on the results.

10.1 All British Council entities protect personal information in accordance with the data protection legislation applicable in the UK and any local equivalent law if this is stronger.

10.2 Your personal data will be processed in accordance with the Privacy policy published here: www.britishcouncil.org/privacy (the ‘Privacy policy’).

11.1 The British Council believes that all children have potential and that every child matters everywhere in the world. The British Council affirms the position that all children have the right to be protected from all forms of abuse as set out in article 19, UN Convention on the Rights of the Child.

12.1 You must:

(a) at all times behave with honesty, integrity and show courtesy, consideration and respect to others when undertaking the University of London exam;

(b) prepare for the University of London exam as reasonably required by the British Council;

(c) attend or otherwise access all sessions and other activities which form part of the University of London exam (subject to absence for medical or other agreed reasons); and

(d) respect the confidentiality of all information that you acquire in connection with the University of London exam.

12.2. The British Council reserves the right to refuse admission or deny you access to the University of London exam (including requiring you to leave any Exam Centre) if your behaviour is considered disruptive, likely to cause damage, nuisance, offence or injury, is in breach of venue rules and regulations, the terms or, if applicable, the Privacy policy, or is otherwise unacceptable. The British Council may on occasion have to conduct security searches to ensure the safety of other candidates, and/or the Exam Centre (and you hereby consent to this). The unauthorised use of photographic and recording equipment and any form of online duplication of any University of London exam is prohibited.

13.1 The copyright and all other intellectual property rights in all University of London exams shall remain the sole and exclusive property of the University of London. You undertake that you will not copy or permit the copying of University of London exams or distribute the University of London exams via internet or intranet or disclose or permit the disclosure or sell or hire the same to third parties.

14.1 Nothing in the terms shall limit or exclude the British Council’s liability (or the UK Charity’s liability) for death and/or personal injury caused by the negligence of the British Council or the UK Charity or any of their employees, agents or subcontractors, for fraudulent misrepresentation and any other liabilities which cannot as a matter of law be limited and/or excluded.

14.2 Subject to clause 14.1, the British Council and the UK Charity do not accept responsibility and expressly exclude liability for any loss or damage to your property that occurs where the British Council is delivering the University of London exam. When taking the University of London exam, you should take particular care not to leave any valuables (including mobile devices, tablets or laptops) unattended at any time. Your personal belongings will be left in a designated area, and you will not be able to access them until the end of the University of London exam.

14.3 Subject to clause 14.1, the British Council and the UK Charity shall not under any circumstances whatsoever be liable to you (whether for breach of contract, negligence, breach of statutory duty or otherwise) for any:

(a) losses that were not foreseeable to both you and the British Council and/or the UK Charity when the contract was formed;

(b) losses that were not caused by any breach on the part of the British Council; or

(c) loss of profit, loss of business, business interruption or loss of business opportunity arising under or in connection with the contract.

14.4 Subject to clauses 14.1, 14.2 and 14.3, the British Council's liability in connection with the contract will be limited to the Exam Fee paid by you for the University of London exam purchased under that contract.

14.5 The British Council will take all necessary measures to provide a continuous service, but the British Council cannot be held responsible for interruptions caused by circumstances beyond our control. If the University of London exam, the registration process or the results publication process is interrupted, cancelled or delayed, we will ensure a normal service is resumed as soon as possible. The liability of the British Council in such circumstances will be limited to reimbursement of the Exam Fee or postponement or change of the Exam Date.

 

15.1 The British Council may transfer the contract (in whole or in part), or subcontract or delegate the delivery of University of London exam in any manner at its sole discretion to: (i) any separate entity controlled by the British Council or otherwise forms a part of the British Council group of entities; or (ii) any provider of outsourcing or third-party services that is engaged under a service contract to provide services to the British Council.

15.2 The contract is personal to you and so you cannot transfer any or all of your rights or obligations under these terms to another person without the prior written consent of the British Council.

15.3 The British Council intends to rely upon these terms and any other terms or policies referred to in the online customer journey as being the entire contract between you and the British Council in relation to the University of London exam. To avoid any misunderstandings about the content of the contract, please make sure that you ask for any changes, or additions, to the terms of the contract be put in writing by a British Council representative.

15.4 If the British Council does not insist immediately that you do anything you are required to do under these terms, or if the British Council delays in taking steps against you in respect of you breaching this contract, that will not mean that you do not have to do those things and it will not prevent the British Council taking steps against you at a later date.

15.5 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

15.6 The British Council will always honour any mandatory laws (including any mandatory consumer protections) that apply in the country where you are normally resident. Subject to this, the laws of England apply to the contract and any dispute or claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims). For the avoidance of doubt, this contract is deemed to have been formed in England unless the Special terms and conditions and/or mandatory law state otherwise.

15.7 The British Council hopes to make your experience of dealing with the British Council an excellent one and welcomes your comments, suggestions and details of satisfaction or dissatisfaction. If you have any comments or complaints in relation to the Contract, please refer to the Complaints Page (see the definition of “Complaints Page” for further details) and follow the procedure set out there.

15.8 If a complaint, dispute or claim is not successfully resolved through discussions between you and the British Council, the courts of England will have non-exclusive jurisdiction over any claim arising from, or related to, the Contract. This means that all claims relating to the Contract can be settled by a judge (or a number of judges) in an English court but you or the British Council may, alternatively, bring proceedings in your country of residence or any other relevant country.

15.9 The British Council may contact you or provide a notice referred to in this contract through the Test taker portal or by sending you an email to the nominated email address provided by you during the online registration process.

16.1 If you have any questions, comments or enquiries about the contract or the University of London exam, please contact the British Council at your local British Council office, details for which can be found at www.britishcouncil.org by clicking the British Council Worldwide option, selecting your country and using the ‘Contact us’ link at the bottom of the page.