Terms And Conditions

Exam Ready Terms and Conditions – 1st Edition

  1. Definitions

    In these Terms and Conditions:

    1. “Four Modules” means the Listening Comprehension Module, Reading Comprehension Module, Speaking Comprehension Module and Writing Comprehension Module.
    2. “IELTS” means the International English Language Testing System;
    3. “IELTS Test” means the four skills English language test designed and provided by IELTS;
    4. “Listening Comprehension Module” means the module designed by TEL to test a candidate’s listening comprehension as part of the Test;
    5. “Price” means the price (plus VAT or other similar turnover or sales tax) payable by a candidate in return for TEL’s services in respect of the Test;
    6. “Reading Comprehension Module” means the module designed by TEL to test a candidate’s reading comprehension as part of the Test;
    7. “Speaking Comprehension Module” means the module designed by TEL to test a candidate’s speaking comprehension as part of the Test;
    8. “TEL” means Target English Limited, whose registered address is Hurst House, High Street, Ripley, Woking, Surrey GU23 6AY;
    9. “Test” means the test provided (from time to time) by Target English Limited on its website to test a candidate’s readiness for the IELTS Test;
    10. “You” means the candidate purchasing the Test from TEL, and “Your” shall be interpreted accordingly;
    11. “Working Day” means a day that is neither a Saturday, a Sunday nor a bank holiday in the UK; and
    12. “Writing Comprehension Module” means the module designed by TEL to test a candidate’s writing skills as part of the Test.
  2. Provision of Test materials

    1. TEL will make available to You one copy of each of the materials necessary to sit the Reading Comprehension Module, the Writing Comprehension Module and the Listening Comprehension Module.
    2. The materials for the Reading Comprehension Module and the Writing Comprehension Module:
      a) will be supplied in PDF format; and
      b) will be available for download from the internet address sent to you by TEL on completion of purchase of the Test.
    3. The materials for the Listening Comprehension Module:
      a) will be supplied in MP3 format; and
      b) will be available for download from the internet address sent to you by TEL on completion of purchase of the Test.
    4. The Speaking Comprehension Module will be delivered to You by an interview via Skype with TEL’s teacher, or if Skype fails, over the telephone. If Skype fails, TEL will send you the telephone number You must call to continue the Speaking Comprehension Module.
    5. If You cannot attend the Speaking Comprehension Module on the date specified when You purchase the Test, you may change the date on which you attend that module on one occasion, by contacting TEL to request an alternative date. You must request an alternative date within 2 Working Days of receipt of the email specifying the date of the Speaking Comprehension Module. If you do not attend the Speaking Comprehension Module on the alternative date, TEL shall have no further obligation to supply the Speaking Comprehension Module.
    6. You must ensure that you have information and/or telephony technology:
    7. a) configured to receive the Test materials in the format specified by TEL and return them to TEL in the format required; and
      b) which enables you to participate effectively in the Speaking Comprehension Module via Skype, using video and audio over Skype, or using audio by telephone.
    8. TEL shall have no liability to You for loss or damage if your information and/or telephony technology does not comply with the requirements of clause 2.6.
  3. Return of scripts and marking

    1. Once You have completed the Four Modules, You must digitise your completed answer sheets in PDF format and send them to TEL by uploading them to the website specified by TEL. Your answers must be written legibly, and in English.
    2. TEL reserves the right to refuse to mark any answer script:
      a) which is not received by TEL in PDF format;
      b) which, in its reasonable opinion, is not legible and written in English; or
      c) which is not accompanied by completed answer sheets (each legible and in English) in respect of each of the Four Modules for which written answers are required.
    3. TEL will prepare and send You your Test results, together with TEL’s analysis and suggestions for improving your performance within:
      a) 10 Working Days of receiving all of your answer scripts; or
      b) 10 Working Days of your participation in the Speaking Comprehension Module,

      whichever is later.

    4. Your Test results and the associated analysis will be sent in PDF format to the email address that You specify when placing your order.
    5. TEL’s obligations to You shall terminate if:
      a) You do not return all of the required answer scripts; and
      b) You do not complete the Speaking Comprehension Module,

      within 30 days of transmission of the materials referred to in clause 2.1 from TEL to You.

  4. Payment

    1. In return for TEL doing the things set out in clauses 2 and 3, You agree to pay the Price when You place your order.
    2. You shall pay the Price without withholding or deduction of, or in respect of, any tax or other charge, unless required by law. If any such withholding or deduction is required, You shall, when making payment of the Price, pay to TEL such additional amount as will ensure that TEL receives the same total amount that it would have received if no such withholding or deduction had been required.
    3. You will, in addition to the Price, be liable for all telephony charges and charges in respect of information technology You may incur in connection with the Test.
  5. Purpose of Test

    1. TEL and You acknowledge that:
      a) the Test is designed solely to assess whether You are ready to sit the IELTS Test and to help You in preparation for the IELTS Test; and
      b) the Test does not, and is not intended to, confer any formal qualification on You.
    2. TEL gives no warranty:
      a) that satisfactory performance in the Test means You will pass IELTS when you sit it; nor
      b) that, by following the feedback given by TEL as part of the Test results, You will pass IELTS when you sit it.
    3. You agree that you will not seek to use your result in the Test in any formal capacity, whether to obtain a place at an academic institution, or a visa or residence permit, or otherwise.
    4. TEL shall have no liability to You for any loss or damage you suffer if you breach your obligations in clause 5.3.
  6. Intellectual Property Rights

    1. TEL is the owner of all intellectual property rights in relation to the materials used in the Test. Those materials are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You must not modify the paper or digital copies of any the materials TEL sends you in relation to the Test, except by writing your answers on them.
    3. You must not use any part of the content of the materials provided to you by TEL in respect of the Test for commercial purposes, without first obtaining a licence to do so from TEL.
    4. If you act in breach of the terms of use in this clause 6, your rights in respect of the Test will cease immediately and You must, at TEL’s option, return or destroy any copies of the materials you have made
    5. It is acknowledged that “IELTS” is a registered trade mark of IELTS Partners.
  7. Software problems

    1. TEL cannot guarantee that its electronic communications with You, including your use of its website, will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Test materials and TEL’s website. You should use your own virus protection software.
  8. Unforeseen Circumstances

    1. Neither TEL nor You shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of our obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control.
    2. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, after which time You and TEL shall have no further obligations in respect of this Agreement.
  9. Waiver

    1. No failure or delay by You or TEL to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  10. Assignment

    1. This Agreement is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract or deal in any other manner with any of its rights and obligations under this Agreement.
  11. Right to cancellation

    1. You have the right to change your mind, within a seven day “cooling-off” period, about purchasing the Test, in accordance with the UK’s Consumer Protection (Distance Selling) Regulations 2000.
    2. This right to cancel will not apply (unless TEL and You agree otherwise) if TEL starts to provide elements of the Test to You, with Your agreement, before the end of the cooling-off period.
    3. Any complaints regarding TEL’s provision of the Test should be made in writing to TEL at 1st Floor, Elizabeth House, 39 York Road, London SE1 7NQ.
  12. Usage of Data

    1. You agree that, subject to compliance by TEL with applicable data protection legislation, TEL may record and use the following data in its business, on an anonymous basis:
      a) Your country of origin; an
      b) Your Test results.
  13. Governing law and jurisdiction

    1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    2. TEL and You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).