Terms and Conditions
Terms and conditions of providing on-line services at the website www.yourenglishtest.com
Chapter 1
General Provisions
§1.The scope
1. The site www.yourenglishtest.com is an internet site which is operated by Janusz Dargiewicz operating under the business name “OXFORDON” SZKOŁA JĘZYKÓW OBCYCH (Dargiewicz ul. Daszyńskiego 9, 85-791 Bydgoszcz, Poland, NIP: PL 5541025385, REGON 008384224), hereinafter referred to as, “Service Provider”.
2. The Terms and Conditions (hereinafter referred to as "Terms") determine the conditions of providing services by Service Provider, using the site, as well as conditions of conclusion and termination of agreement for rendering such services and the rules of customer's complaint.
3. The entity using the Services provided on the basis of the Terms may be a natural person (consumer - as defined in the Art. 221 of Civil Code), legal person or an organizational unit not having a legal personality.
§2. Definitions
The following terms used in the Terms and Conditions shall be construed as follows:
1) User – a natural person, legal person or organizational unit not having legal personality which has concluded an agreement with the Service Provider for the provision of the services through the site;
2) Service Provider – operating under business name “OXFORDON” SZKOŁA JĘZYKÓW OBCYCH (Dargiewicz ul. Daszyńskiego 9, 85-791 Bydgoszcz, Poland, NIP: PL 5541025385, REGON 008384224), operator of the Website.
3) Services – Services provided by the Service Provider through the Site, as follows:
a) authorizing the User or a group of Users to access English language tests at the level of difficulty corresponding to TOEIC® or TOEIC Bridge™ tests, facilitating test taking and informing about the final score of the test taken.
4) Site – the educational site www.yourenglishtest.com, owned and administered by the Service Provider in order to facilitate the process of English learning, in particular to prepare for the TOEIC® Listening and Reading test examinations by taking English language tests;
5) Commercial information – promotional materials, marketing and advertising material of products and services offered by the Service Provider.
Chapter 2
Conditions of concluding and terminating agreement for rendering online services
§3.Types of tests
1. The Service Provider provides the following types of tests, enabling the User to take the tests and to get the information about the score:
a) TOEIC® Online Sample questions – short demo version test with 60 questions. Score is mapped in %.
b) TOEIC® Online Practice test – full test version with 200 questions. (100 for listening section and 100 for reading section). Score is mapped onto the Common European Framework of Reference (CEFR)
§4. Conditions of initiating the Services
1. The start of the Services follows the filling in and submitting registration form provided on the Website. In the form the User voluntarily provides his/her e-mail address, name and surname. The Service Provider reserves the right to refuse to conclude the agreement for the provision of services without the above mentioned data.
2. User is obliged to read the Terms and Conditions available on www.yourenglishtest.com website before completing the registration form. By confirming the registration User acknowledges – by selecting the appropriate field visible during the registration process – to have read the provisions of the Terms and Conditions and to accept the provisions. Filling in the registration form means the acceptance of the Terms and Conditions.
3. Each User has its own profile, identified by username and password selected by the user. During the first registration, the User receives at the e-mail address given the message with an activation code which activates the User’s account in the website.
4. Each User can have only one account on the Site
5. In case of violation of any of the provisions, User access to the service may be blocked, and his/her data and account - deleted.
6. Having registered to the Site, the User may take the placement test and get the information about the obtained score. The score is mapped onto the Common European Framework of Reference (CEFR). A detailed description of the language levels defined by the Council of Europe is specified here>>
7. If you have any comments related to the operation of the service, please contact us by the email address info|at|de.yourenglishtest.com.
§5. Waiver
1. The User can decide not to use the Site by sending an e-mail with such request from the registered e-mail account at the following e-mail address: [email protected]
Chapter 3
Conditions of rendering on-line services
§6. General technical conditions
The Website is published on the internet, and therefore in order to use the service a connection to the Internet is required, as well as a correctly configured Web browser, compatible with the standard Microsoft Internet Explorer version not lower than 8.0, Mozilla Firefox version not lower than 4.0, Google Chrome version not lower than 5.0, Opera version not lower than 10.0 or Safari version not lower than 3.0. The service provider is not responsible for errors resulting from the use of another browser.
§7. Individual conditions
The User accesses the resources of the Site by entering username and password in the login form on the Website at www.yourenglishtest.com
§8. Local scope of using the Services
The user can use the login and password on any computer, but at the same time he/she can be logged on only one computer.
§9. Limitation of subjective rights
The user may not share his/her login and password to third parties. In case of unauthorized access by a third party to the content of the Site by using the User’s data, the User is obliged to notify the fact to the Service Provider immediately.
§10. Personal data update
The User is obliged to update the data referred to in § 4 paragraph 2. 1 immediately, in case they change and to update User’s e-mail address in particular.
Chapter 4
Personal Data
§11. Personal Data Administration
1. The Service Provider, is the administrator of personal data, and undertakes to protect personal data of the Users. The data supplied by the User may be processed for the purposes defined in paragraph 1. 2 only by the Service Provider.
2. By submitting the registration form, the User accepts the content of the Terms and Conditions, and, in addition, gives his consent for collection, processing, recording, storage, development, sharing and deleting personal data of the User by the Service Provider to the extent necessary for the provision of the services, and to send the User any Commercial Information.
3. In accordance with the Personal Data Protection Act of 29.08.1997 (consolidated text: Dz.U. 2002, no 101, item 926 with amendments) and the law on the provision of services by electronic means (Dz. U. No. 144, item 1204) every registered User has the right to access his/her data, and also the right to request: supplement, update, rectification of personal data, the temporary or permanent suspension of the processing or its removal.
4. In accordance with the law on the provision of services by electronic means (Ds.U. No.144, item 1204) the User has the right to update his/her personal information at any time, as well as oppose to their processing (also to receive correspondence about advertising). You can do this by sending the objection by post to the address of “OXFORDON” SZKOŁA JĘZYKÓW OBCYCH Dargiewicz ul. Daszyńskiego 9, 85-791 Bydgoszcz, Poland or email to the following address : info(at)yourenglishtest.com
5. Users’ personal date will not be disclosed to third parties except of the cases specified by the law.
Chapter 5
Complaint procedure
§12. Limitation of liability of the Service Provider
1. Within the framework of the Services provided, the Service Provider provides educational materials in the form of English language tests, which make it possible to prepare for the TOEIC® Listening and Reading test. The obtained results of the tests make it easy for the User to determine the level of English proficiency. The results obtained from the tests do not have a direct impact on the result of the user may obtain at the official TOEIC® Listening and Reading test. The service provider shall not be liable for the result of the User at the official TOEIC® Listening and Reading test. The service provider is not responsible for the consequences of the following of the information contained in the website. The used acknowledges that he/sheuses these information and documents at his/her own risk and responsibility.
2. The Service Provider shall not be liable for: damage caused by incorrect use of the Site by the User, use of the Site by Users not complying with the provisions of this Terms and Conditions, the effects resulting from entering of third parties in possession of the User's password, the loss of data due to hardware failure, system or other circumstances independent of the Site.
§13. Technical breaks
1. The Service Provider reserves the right to make technical breaks in functioning and access to the Website, not exceeding 2 hours a month, in order to support and maintain the server and the Site's current software.
2. The Service Provider shall not be responsible for periodic lack of access to the service resulting from force majeure and factors beyond Service Privider’s control.
§14. Publication of advertising content
The Service Provider may post on the Website advertising, promotional and marketing material in a manner not hampering the use of the Site.
§15. Interference in the content of the Website
The User cannot post on the Site any illegal contents.
§16. Reporting complaints
The Users may report complaints and problems related to the services provided on the Site by writing to the following e-mail address: [email protected]. A complaint must contain a description of the problem, the reasons justifying it and the identity of the person making complaint.
§17.Complaint consideration date
Complaints are considered by the Service Provider within 7 days from the date of receipt of the complaint. The complaint review report will be sent to the e-mail address given in the registration form, defined in § 4 paragraph 2.
Chapter 6
Final Provisions
§18.Copyrights
1. All Copyright Property Rights to TOEIC® Placement Tests and to payable tests are the property of Educational Testing Service Rosedale Road Princeton, NJ 08541 USAm and are subject to the legal protection defined in the Copyright and related rights Act as of 4th February 1994 (Dz. U. 1994, No 24, item 83 with amendments). Conclusion of a contract for provision of the services does not transfer copyright to the materials contained in the website to the User.
2. The User may not make available to third parties or publicly disseminate the documents defined in paragraph 1 hereto, against payment or free of charge without the prior consent of the Service Provider.
§19. References
In matters not regulated by the Terms and Conditions for the provision of services by electronic means, the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of laws of 2002, No. 144, item 1204 with d.) and the Civil Code (Dz. U. of 1964, no. 16, item 93 with amendments) and other Acts shall apply.
§20. Entry into force
The Terms and Conditions are in force since the date of their publication on the Website, which is 30.06.2011
§21. Changes to the Terms and Conditions
1. The Site will inform the User about any planned changes to the Terms and Conditions, at least one month before they come into force. The User will be informed about any changes via e-mail in accordance with the contact details given in the registration form.
2. The User who does not accept planned changes may delete his/her account.
3. If the User does not exercise his/her rights and does not delete the account within 21 days from the date of notification about the changes planned, he/she will be considered bound by the provisions of the amended Terms from the date of their entry into force. The changes to the Terms and Conditions shall enter into force on the date indicated by the Site.
4. The Site may, in the course of the contract issue the new Terms or change the content of the Terms related to specific services, in the following situations:
changes in the law made by competent bodies or issuing of rulings having or likely to have, in particular, the impact on specific content of the agreement the rights and obligations of the parties or those, which affect or may affect the way of rendering services, provisions or decisions imposing specific obligations or granting specific permissions to the parties to the agreement or the overlapping duties of third parties or provisions setting out tax or other imposing new taxes, charges or changing the conditions of providing technical services, including those related to technical progress or technological, induced technological progress or by decision of the authorities of changes in the rules of communication the Internet or policy changes of organizational Internet,
force majeure, organizational changes or transformations of the legal service, including such which result is not legal, but subject to the condition that changes in the name of the site do not constitute a change of the Terms; changes to another service provider.
§22. Jurisdiction
Any disputes arising from using the website by Users or on the basis of the Terms and Conditions are governed solely by the Polish Common Court having jurisdiction over registered seat of the Provider.