This policy is effective 18 May 2018.

These Terms and Conditions govern your use of the School Pretests website (School Pretests.co.uk and School Pretests.com Site) and your relationship with School Pretests (School Pretests, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the School Pretests Site. Please note that to use any of the services provided on the School Pretests Site, you are required to register as an authorised user on the site.

This policy should be read in conjunction with our Privacy and cookies policy and is applicable to School Subscribers, to their Pupil(s) and Parents or legal guardians.

1. Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the School Pretests Site. The changes will apply to the use of the School Pretests Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the School Pretests Site. If you continue to use the School Pretests Site after the date on which the change comes into effect, your use of the School Pretests Site indicates your agreement to be bound by the new Terms and Conditions.

2. Subscription

To subscribe to the services of School Pretests you must be over eighteen years of age, be an official representative of a school, local authority or education consortium and enter into a contract with School Pretests.

You must ensure that the details provided by you on registration and setting up any account are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

3. Registration of User Accounts

School Pretests is designed to prepare children below the age of 13 years old and a separate user account is required for each child that is to access the service.

4. Password and Security

When you register to use School Pretests you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur or are submitted under your password. If you know or suspect that someone else knows your password you should change this immediately.

If School Pretests has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.

5. Excluded Services

The services provided by the School Pretests Site do not include the provision of computer or other necessary equipment to access the School Pretests Site. To use the School Pretests site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

6. Intellectual Property

The content of the School Pretests Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the School Pretests Site on a computer screen provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the School Pretests Site without written permission from School Pretests.

No licence is granted to you in these Terms and Conditions to use any trade mark of School Pretests.

7. Limitations

You may not use the School Pretests Site for any of the following purposes:

• copy the Service or any part thereof for any purposes not specified above in the Permitted Activities;
• alter the Service, or in any way reverse engineer, disassemble, decompile, modify, or create a derivative product from the contents of the Service save to the extent permitted by applicable mandatory laws;
• include the Service or any part of it in any other product or service;
• lease, rent, hire, lend, distribute or sell the Service or any part of it;
• use the Service in any way not specified in the Permitted Activities set out above without the prior written permission of School Pretests;
• remove or obscure any copyright, trademark, service mark, trade name, or other proprietary notice of School Pretests or its licensors from any portion of the Service or from any print outs made from the Service;
• redistribute any of the Service (including by using it as part of any syndication, content aggregation, library, archive or similar service);
• create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Service;
• deep link to, frame, spider, harvest or scrape the Service or otherwise access the Service for similar purposes;
• use any machine, electronic, web based or similar device to read or extract the Service by automated or machine based means (as opposed to using your own eyes);
• divulge School User Details to, and/or permit the use of School User Details by, persons who are not, or have ceased to be, Your employees;
• divulge individual Pupil User Details to any other persons except the particular Pupil’s parents and/or guardians;
• permit concurrent use of individual pupil logins by more than one pupil; or
• upload viruses, worms, trojan horses, or other malicious code to the Service.



School Pretests reserves the right to refuse to post material on the School Pretests Site or to remove material already posted on the School Pretests Site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

• any claim by any third party that the use of the School Pretests Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the School Pretests Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the School Pretests Site by you.


8. Availability of the School Pretests Site

Although School Pretests aims to offer you the best service possible, School Pretests makes no promise that the services at the School Pretests Site will meet your requirements. School Pretests cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email to info@schoolpretests.co.uk and we will attempt to correct the fault as soon as we reasonably can.

Your access to the School Pretests Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. School Pretests will attempt to restore the service as soon as it reasonably can.

9. School Pretests' right to suspend or cancel your registration

School Pretests may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

The suspension or cancellation of your registration and your right to use the School Pretests Site shall not affect either party’s rights or liabilities.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the School Pretests Site. Unless We are in breach of Our obligations to You or have specifically agreed to the possibility of a refund, You will not be entitled to any refund of the fees paid by You.

This Agreement shall commence on the Start Date in Our invoice to You for the Service and shall continue, unless earlier terminated pursuant.

If You or any Permitted Users breach this Agreement or any associated end user agreement, this Agreement will terminate upon the provision of notice from School Pretests to You and We shall have the right to disable Your and all Permitted Users’ access to the Service and to take action to recover from You any damages suffered by School Pretests as a result of Your breach. For purposes of this Agreement, a breach includes, but is not limited to, Your failure to pay amounts when due, You or a Permitted User engaging in Prohibited Activities, and You or a Permitted User exceeding the rights granted to it or them in the Permitted Activities.

We also reserve the right to terminate this Agreement at any time and for any reason on giving notice to You. If we terminate your access to the Service pursuant to the immediately preceding sentence, we will refund a proportion of the fee relating to the remainder of the Term for which You have paid (if any).

10. Termination

At the end of the Term, this Agreement will automatically terminate and Your access to the Service and that of all Your Permitted Users will be automatically disabled unless You have agreed to extend your Agreement for a new period and have paid the applicable renewal fees by that date.

11. School Pretests' liability

The School Pretests Site is provided by School Pretests without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The School Pretests Site provides content from a wide variety of educational practitioners while School Pretests tries to ensure that material included on the School Pretests Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. School Pretests will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the School Pretests Site. If School Pretests is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the School Pretests Site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the School Pretests Site
• unsuitability, unreliability or inaccuracy of educational resources on the School Pretests Site
• inadequacy of the School Pretests site to meet your requirements



To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the School Pretests Site.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

12. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

13. International Use

School Pretests makes no promise that educational materials on the School Pretests Site are appropriate or available for use in locations outside the United Kingdom, and accessing the School Pretests Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

14. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and School Pretests ignores this, School Pretests will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

School Pretests shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.