Doublestruck Websites: Terms and Conditions

In these Terms and Conditions, unless inconsistent with the context or otherwise specified, the following definitions apply to words and expressions:

'Doublestruck' means Doublestruck Limited, a company registered in England and Wales (number 02373295. Registered address Argyle House, 29-31 Euston Road, London, NW1 2SD.

'Centre' means school, college or other organisation.

'Product' means each publication or any other product or package (either off-line or on-line) purchased by you via the Website(s) and provided to you in any format.

'Services' means the content and services provided via or through Doublestruck's Websites.

'Terms and Conditions' means these terms and conditions and any additional terms and conditions or disclaimers with reference to, or displayed on, Doublestruck's Websites whether by hyperlink or otherwise.

'User' means each person accessing the Website(s).

'Website(s)' means the Doublestruck Website(s) located at www.Doublestruck.co.uk or any subsequent or additional URL used by Doublestruck from time to time, and includes www.qkit.co.uk, www.testbase.co.uk, www.exampro.co.uk, www.optionaltests.org, www.alfiecloud.com, and www.examquest.co.uk and any Products purchased through these Websites.

'Working Day' means any day other than Saturday or Sunday or any English Bank Holiday or other English national holiday.

'You/you' means the User accessing and using this Website and (if any) the legal entity he/she represents during the course of employment or engagement by that entity.

• 2.1. Doublestruck's Websites are to provide information, products and services. The products, services and Doublestruck's Websites are subject to availability.
  
  Use of the Websites indicates your agreement to abide by these Terms and Conditions. If you do not wish to abide by these conditions, you may not and should not access or use these Websites.
  
  To place an order for any Product on the Websites, you will need to register your details with Doublestruck on the Websites and you will be asked to click "I accept" to indicate that you agree to the Terms and Conditions (which include any terms and conditions specific to a Product notified at the time of purchase). You will not be able to complete your purchase if you do not do this.
• 2.2. If you have any queries relating to the use of the Doublestruck Websites, please use the contact form on the Websites.
• 2.3. Doublestruck aims to provide a first-class Website service, and will seek to make continuous improvements in pursuit of that aim. Doublestruck reserves the right to withdraw any services from the Website and to edit or remove any information or content on the Website at any time.

Doublestruck reserves the right to amend these Terms and Conditions at any time by publishing revisions on its Websites. Users are responsible for regularly reviewing information published on-line to obtain timely notice of such revisions. Users' continued use of the Websites after changes are published constitutes acceptance of these Terms and Conditions as modified by the published revisions.

• 4.1. All rights, including copyright, in the content on the Website(s) and in any Products are owned, controlled by or licensed to Doublestruck. In accessing the Website(s), you agree that you may only download the content for the use of your school or college or other educational institutions for teaching purposes. In using or purchasing any Product, you agree that you may only use any Product for the use of your school or college or other educational institution or for your commercial use for the purposes of tuition services. The Products are not available for purchase by individuals. You are not permitted to sell or licence the content or any Product to any third party.
• 4.2. You are not permitted to adapt, alter, copy, print, broadcast, download, store (in any medium), transmit, loan, disassemble, decompile or otherwise reverse engineer, sell, show or play in public, adapt or change in any way the content on the Website(s) and/or any Product for any other purpose whatsoever without the prior written permission of Doublestruck. Any rights not expressly granted in these Terms and Conditions are hereby reserved. All Users of the Websites must be made aware of these restrictions.
• 4.3. Requests to reproduce Doublestruck material (including but not limited to any Website content or any Product) must be made in the first instance by e-mail to info@testbase.co.uk. You should apply direct to the copyright holder, as indicated, for third-party extracts. Doublestruck reserves the right to refuse copyright permission without explanation or to make a charge or impose constraints where permission is granted.

• 5.1. Doublestruck warrants to you that any Product purchased from Doublestruck through the Website(s) reasonably conforms with its description, is of satisfactory quality and (subject to clause 5.6 below) is reasonably fit for all the purposes for which products of the kind are commonly supplied.
• 5.2. Doublestruck does not endorse and is not responsible for and will accept no liability for the content of external third party Websites including (but not limited to) any such Websites which are linked to from the Website(s).
• 5.3. Doublestruck does not accept any liability for any loss of profits, loss of business or business opportunity, loss of goodwill or reputation, business interruption, loss or corruption of programs or data or any type of indirect or consequential loss whatsoever arising from your access to and use of this Websites and/or of any other Product purchased via the Websites nor for its being unable to fulfil any particular order due to the non-availability of Product(s).
• 5.4. In no event will Doublestruck be liable for any losses or damages whatsoever arising out of, or in connection with, any unauthorised use of the Website(s) and/or of any material published on it or them and/or of any Product.
• 5.5. No assurances are given that the pages of the Websites are free from infection from computer viruses, although Doublestruck takes all reasonable steps to prevent such infection.
• 5.6. Doublestruck will use reasonable endeavours to verify the accuracy of any information on the Websites and/or in any Product but makes no representation or warranty of any kind, express or implied, statutory or otherwise regarding the contents, relevance or accuracy of the Websites and/or any Product. You are responsible for ensuring that any Product you order from the Websites is up-to-date and suitable for your particular purpose.
• 5.7. Although every effort is made to keep the Websites and any on-line Products up and running smoothly, due to the nature of the internet and the technology involved, Doublestruck takes no responsibility for and will not be liable for the Websites or on-line Products being temporarily unavailable due to technical issues (or otherwise) beyond its control, or for any loss or damage suffered as a result of the use of or access to, or inability to use or access the Websites whatsoever.
• 5.8. Nothing in these Terms and Conditions seeks to exclude or limit in any way Doublestruck's potential liability:
  • for death or personal injury caused by Doublestruck's negligence;
  • for fraud or fraudulent misrepresentation;
  • for any matter for which it would be illegal for Doublestruck to exclude, or attempt to exclude, its liability.

You agree to fully indemnify and to keep Doublestruck indemnified from and against any costs, claims, demands, expenses and liabilities suffered by Doublestruck arising from or which are directly or indirectly related to your access to and/or use of the Websites or Products in breach of these Terms and Conditions and any such access and/or use by any person (including, without limitation, a User) who is authorised by and/or who represents you.

• 7.1. These Terms and Conditions are governed and will be interpreted in accordance with English law. If you are a habitual resident of any other country and you purchase any Product as a consumer then there may be certain other mandatory rules that apply to you.
• 7.2. The English courts shall have non-exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these Terms and Conditions.
• 7.3. If any part of the Terms and Conditions is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by applicable law.
• 7.4. We will only share personal information with other organisations as per our privacy statement.

• 8.1. To access on-line Products, unless you are accessing free products, an annual licence must be purchased. A licence gives three users one year's unlimited online access to all content contained within licensed products. After one year the licence will automatically expire and you will not be able to access the on-line Product unless your licence is renewed.
• 8.2. When you place an order, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, and to provide you with any other notices, disclosures or other communications relating to your order.
• 8.3. Once an order confirmation e mail is sent for an on-line product you can not change or cancel the subjects you have subscribed to for 365 days.
• 8.4. Once an order is confirmed for a test paper product and an invoice has been issued you can not change or cancel the products you have ordered.
• 8.5. A purchase order or school reference number may be required to complete your order and activate your annual licence.

Delivery

• 9.1. Ownership of the Products will pass to you when Doublestruck receives full payment of all sums due in respect of the Products. The Product will be at your risk from the time of delivery, which in the case of on-line Products shall be the date of provision of the log-in and password details to access the Product and in the case of off-line products shall be the date of provision of your licence details.
• 9.2. If you have any other enquiry in relation to any Product, you may contact Doublestruck using the contact form on the relevant Website.
• 9.3. The price of each Product and any other additional costs will be as set out on the Website(s) from time to time. It is possible that, despite our efforts, one or more of the Products or other charges listed on the Website(s) may be incorrectly priced. Doublestruck will normally verify prices as part of our order procedures and is under no obligation to provide the Product to you if an incorrect price is stated on the Website(s). In the case of on-line Products, details of the subscription period and renewal mechanism shall be provided at the point of purchase and shall form part of these Terms and Conditions. In the case of off-line Products, the purchase of these is subject to acceptance of the relevant software licence for that Product, details of which and acceptance of which is provided at the point of purchase and shall form part of these Terms and Conditions.
• 9.4. The published prices in the web shop are expressed to exclude VAT. You will be informed of any VAT payable on each item at the checkout stage of your order and you will be responsible for paying any VAT which may be applicable.
• 9.5. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation in accordance with clause 9.12 below.
• 9.6. Doublestruck will issue an invoice and the Centre must pay within 30 days of the date of such invoice.
• 9.7. Payment must be made as follows:
  • by credit card or debit card; or
  • by cheque; or
  • by BACS transfer.

Cancellations, returns and refunds

• 9.8. Doublestruck may need to cancel an order placed by you in whole or in part if the Product or Products which you have ordered are, or become, unavailable. If any cancellation is necessary, Doublestruck will refund in full the money you have paid for the cancelled Product or Products, subject to a pro rata payment for the length of time (if any) that the Product was owned by you under the terms of clause 9.1.
• 9.9 In respect of paper products purchased through www.optionaltest.org, you may:
• 9.9.1 edit the order or cancel it with the time period specified within the order confirmation email.
• 9.9.2 request in writing the return to Doublestruck of any un-damaged goods which must be unopened and returned at your own cost. If authorised by Doublestruck and received back unopened and undamaged, Doublestruck will refund the amount paid, less any postage costs.

Delays and events beyond our reasonable control:

• 9.10. If Doublestruck is delayed or prevented from providing any Product or Service due to any event (including any act, omission, accident or non-occurrence) beyond its reasonable control then the time for delivery of any Product will be extended for the duration of such event and Doublestruck will not be held liable to the extent such event delays or prevents its performance. Such an event would include (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, extreme adverse weather, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and/or the acts, decrees, legislation, regulations or restrictions of any government. Doublestruck will use its reasonable endeavours to bring the effect of such event to a close or to find a solution by which its obligations to you may be performed despite the event.

Order process and formation of contract:

• 9.11. The contract between Doublestruck and you is made under the following technical steps:
  • You must register or must already have registered on the relevant Website and have provided all required detail. Your details will be treated by Doublestruck in accordance with section 10 and Doublestruck's current Privacy Statement.
  • You place your order for a Product with Doublestruck through one of the Websites.
  • You can identify and correct any errors with your information before you confirm your order for any Product.
  • In the case of overseas customers or where you request to make a credit card payment on-line you will be directed to the WorldPay website to make your payment, which payment will be processed by them.
  • Where payment is made by credit or debit card, if your payment is successful, we will accept and complete your order by sending you an order confirmation to the email address given by you. At this point there will be a binding contract between you and Doublestruck.
  • If you are a UK school or centre, we will send you an invoice after receiving and processing your order, at which point there will be a binding contract between you and Doublestruck. Payment of the invoice is to be made within 30 days of receipt of the invoice. We will not keep a copy of the contract. We recommend that you print off and keep a copy of the contract terms for your records.
  • English is the only language offered for the conclusion of the contract.

• 9.12. The contact details for Doublestruck are as follows:
  
  Post: Doublestruck, PO Box 68318, London, NW1 2SD
  Tel: (queries only): 0845 145 1500
  Fax: 0845 112 0525
  Website: www.doublestruck.co.uk

On-line Products

• 9.13. In the case of on-line Products, you agree not to:
  • install any software supplied on more computers than are necessary for the purposes of the Product;
  • sublicence the Product;
  • copy the Product, except for back up purposes;
  • permit use of the Product by anyone other than you or your authorised Users;
  • use any source files, images, code or components from the Product separate from the Product;
  • remove any proprietary notices or labels on the Product;
  • sell, rent or trade the Product to any other party

• 10.1. You agree that any and all personal information and data collected from you via these Websites or as part of the services from time to time may be used in accordance with Doublestruck's current Privacy Statement. The statement also sets out Doublestruck's commitment to protecting your personal information and provides guidance on your rights under the Data Protection Act 1998.
• 10.2. You warrant that the personal information you provide to us is true, accurate and complete in all respects and you will notify us immediately if there is any change in the personal information that you have supplied to us.
• 10.3. You are responsible for keeping your log in ID and password secure and confidential. If you believe that your log in ID and password have become known to another person, then you must notify Doublestruck as soon as possible. You should not share, display, disclose or permit your password to be disclosed to any other party.
• 10.4. Doublestruck reserve the right to withdraw log in ID and passwords at any time without notice and in our sole discretion where Doublestruck have reason to believe that such log in ID and passwords have been discovered and/or used by any person or organisation other than you.

General

• 11.1. Doublestruck will make Testbase Camp available to Schools that have applied for registration, when the necessary security checks have been undertaken, which may require further communications between Doublestruck and the School.
• 11.2. The Testbase Camp helpdesk will be available between 09 00 and 17 00, Monday to Friday on every Working Day. Doublestruck will endeavour to respond to any e-mails received outside these hours within the course of the next working day or at a time convenient to you.
• 11.3. Testbase Camp is intended to work on any W3C standards-compliant web browser. Doublestruck is not responsible for the provision of a suitable computer, software, and internet access.

Access rights

• 11.4. The School Administrator will, by default, have access to all services offered through Testbase Camp.
• 11.5. School Administrators can register users to access Testbase Camp services for their School. Users must be authorised members of the teaching or administrative staff of the School.
• 11.6. Users shall comply with the Data Protection Act 1998 in relation to the handling and processing of any personal data accessed or made available through Testbase Camp.
• 11.7. Any services offered through Testbase Camp can be included or excluded by Doublestruck from user's access rights.
• 11.8. It is the responsibility of the School Administrator to:
  • ensure and procure that only authorised staff from their own School have access to Testbase Camp
  • register users in accordance with the School's requirements and working practices
  • ensure that users have access only to the Testbase Camp services that are appropriate to the School's requirements and working practices
  • ensure that all users have seen and shall comply with these Doublestruck Website Terms and Conditions
  • de-register users as required by Doublestruck, in particular when such users cease to be members of the teaching or administrative staff at the School
  • ensure the integrity of all data submitted
  • act as the first point of contact for all issues related to accessing Testbase Camp services
• 11.9. Doublestruck reserves the right in its absolute discretion to refuse an application to register for, or to remove access to, Testbase Camp and to temporarily or indefinitely suspend any user.
• 11.10. The School is responsible for ensuring that users have sufficient skills to access the Testbase Camp services that have been made available to them.
• 11.11. Users agree not to use or permit another to use Testbase Camp:
  • to upload or post e-mail, transmit or otherwise make available any content that is unreliable and misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, infringes a third party's intellectual property rights, hateful, or racially, ethnically or otherwise considered by us in our absolute discretion to be objectionable or unlawful
  • to cause or introduce a software virus or other disruptive program
  • in any way that is not authorised by Doublestruck or is in breach of the Doublestruck Terms and Conditions.
• 11.12. Results are available on Testbase Camp once marks have been successful entered by users.

Availability

• 11.13. Doublestruck shall use reasonable endeavours to ensure that Testbase Camp is available between 06 00 and midnight, seven days a week. However, it may occasionally be necessary for Doublestruck to undertake tasks that require the temporary removal of Testbase Camp services, so availability cannot be guaranteed.

Use of your username and password

School Administrators

• 11.14. In order to access and use secure areas of Testbase Camp, users require a log in ID and password. School Administrators will be able to access all information and services related to their School.
• 11.15. When registering users, School Administrators will be asked to choose a temporary log in ID and password to enable the new user to log in. The School Administrator is responsible for passing this initial log in information to the new user. Users will then have an opportunity to change these details to something more personally memorable at first log in to Testbase Camp.

Care of your username and password

• 11.16. It is the users' responsibility to ensure that their log in details remain confidential. In order to ensure this, users must:
  • take all reasonable steps to keep log in details secret
  • not allow anyone else to use the log in details
  • never write log in details down without disguising them so they are meaningful only to the user
  • change log in details to something that the user can remember
  • change log in details immediately if the user believes that such details are known to someone else
  • change log in details at regular intervals.
• 11.17. Users should, where possible, ensure that they log out of Testbase Camp when they have finished using Testbase Camp services. At no time should any user leave their computer whilst logged in to Testbase Camp. If use of Testbase Camp remains inactive for 30 minutes, then the session will automatically be terminated by Doublestruck.
• 11.18. Any 'saved password' facility must be turned off.
• 11.19. Doublestruck reserves the right to withdraw log in ID and passwords at any time without notice and in its sole discretion where Doublestruck have reason to believe that such log in ID and password have been discovered and/or used by any person or organisation other than a user.

Payment of fees

• 11.20. There is currently no registration or on-going maintenance fee to use Testbase Camp. However, where it is indicated on Testbase Camp or the main Doublestruck Websites that a charge is made for a service offered, Doublestruck will raise an invoice to the registered School. Application for a chargeable on-line service commits a School to responsibility for making the appropriate payment(s). By accessing and using chargeable services via Testbase Camp, users shall be deemed to have the authority to request such services on behalf of the School.
• 11.21. These Doublestruck Terms and Conditions, including the section specifically referring to Testbase Camp, must be accepted by the School Administrator in order for a School to be registered to use Testbase Camp. It is the responsibility of the School Administrator to ensure and procure that all additional users have seen and agree to comply with these Terms and Conditions in respect of access and use of Testbase Camp.
• 11.22. Doublestruck reserves the right to amend these Terms and Conditions at any time by publishing revisions on Testbase Camp. Users are responsible for reviewing regularly information published on-line to obtain timely notice of such revisions. Users' continued use of Testbase Camp after changes are published constitutes acceptance of these Term and Conditions as modified by the posted revisions.
• 11.23. Doublestruck reserves the right to modify or withdraw Testbase Camp (or any part) at any time or terminate access to Testbase Camp (or any part) at any time.

• 12.1 The name and logo of Doublestruck cannot be used for display purposes.

• 13.1. You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless agreed upon in writing by Doublestruck.
• 13.2. Doublestruck reserve the right to transfer or assign all or any of its rights, duties and responsibilities set out in the Terms and Conditions to another party.
• 13.3. Headings have been included for convenience only and will not be used in construing any provision of the Terms and Conditions.
• 13.4. No delay or failure by Doublestruck to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them.
• 13.5. The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms and Conditions.
• 13.6. These Terms and Conditions contain the whole agreement between the parties relating to the use of the Websites and the purchase of Products and/or Services and supersede all previous agreements between the parties relating to the Websites and the purchase of Products and/or Services.