Legal - Global Listening EULA
Global Listening Portal end-user license agreement
Terms of Use
This Website is controlled and operated by the Chancellor, Masters and Scholars of the University of Cambridge, acting through its department Cambridge University Press & Assessment, having its principal office at Shaftesbury Road, Cambridge, CB2 8EA, UK (“Cambridge”).
Your use of this Website is governed by these legal terms and conditions of use (the “Terms of Use”), and by entering and using this Website and any other websites notified to You as part of Your registration from time to time You confirm that You agree to these Terms of Use.
If You do not agree with any of the terms and conditions in these Terms of Use You should cease use of the Website immediately. You may print and keep a copy of these Terms of Use. The Terms of Use are a legal agreement between Us and can only be modified with Cambridge’s prior written consent.
For the avoidance of doubt, if You are a recognised Cambridge Centre, holding a Centre Agreement between You and Cambridge, the terms of Your Centre Agreement will take precedence over the above. In all further circumstances the below terms will apply.
1. International Trade Compliance
The Services provided under these Terms of Use, and the transaction contemplated hereby are subject to any applicable customs and export control laws and regulations of the United Kingdom, and may also be subject to the customs and export laws and regulations of the country in which the Test or Services are received. You acknowledge that it is Your responsibility to comply with and abide by those laws and regulations.
2. Permitted use
2.1 Content downloaded from the Website is intended solely for use during the administration of Cambridge tests.
a) Content may be copied to physical media (e.g. encrypted USB drive) in order to facilitate test administration;
b) Content may be distributed via physical media to test venues controlled by your registered Cambridge Centre to facilitate test administration at a venue remote from the Cambridge Centre, including Associate Premises and Examination Venues;
c) All physical and electronic copies of the content, which may be downloaded and held by You for no more than 72 hours in total, must be stored securely in advance of the test and:
i) permanently erased immediately following the test, or
ii) at Cambridge’s instruction, remove the device containing the Content immediately following the test and store the device securely for:
ii.a a period of 24 hours or,
ii.b in the case of Cambridge Assessment International Education Cambridge Centres only, until the Key Time (being a defined point in time, based on Your Cambridge Centre's location, when Candidates must be in the exam or under full supervision by your Cambridge Centre. Your Key Time can be found on our website at www.cambridgeinternational.org/keytimes), whichever is later, at which time you must permanently erase the Content.
2.2 Further information regarding permitted use of this Content is published in the Security of audio files support site article, which forms part of our agreement with you.
3. Prohibited uses
3.1 You must not:
a) misuse the Website and the licences granted or Your use of the Website may be terminated or suspended;
b) engage in systematic copying or downloading of the Content, Test or Services or transmit all or any part of the Content or Test by any means to any unauthorised Candidate or Third Party;
c) allow copies of the Content to be stored or accessed by any unauthorised Candidate, person or organisation and shall ensure the Content is kept secure at all times;
d) make the Website Content available in any other form or medium or create derivative works, in whole or in part, without the written permission of Cambridge;
e) alter, amend, modify or change the Content or Services;
f) copy, download, duplicate, reproduce or exploit the Website Content, Service, or Licensed product in whole or in part, for sale, resale or commercial use without our express agreement;
g) upload, display or transmit any materials through the Website which are false, offensive, defamatory, threatening, obscene, and unlawful or which infringe the rights of any other person anywhere in the world;
h) reverse engineer, decompile, copy, adapt, frame or use framing techniques any software or other code or scripts forming part of the Website or attempt to transmit to or via the Website any information that contains a Virus, worm, Trojan horse or other harmful or disruptive component;
i) use data mining, robots, or similar extraction and data gathering tools;
j) use any Meta tags or any other “hidden text” utilising Cambridge’s names or trademarks without our express written agreement;
k) change, modify, delete, interfere with or misuse data contained on the Website;
l) breach or fail to comply with any specific instructions or limitations on the Use of Website Content as notified by Us to You; and
m) use the audio files for any other purpose other than the Test they are created for, and must not use the audio files for teaching purposes in any event.
3.2 Except as expressly stated herein, these Terms of Use do not grant any person or institution any rights to, or in, the prices, patents, copyrights, database right, trade secrets, trade names, trademarks (whether registered or unregistered), any derivative use of the Content, Service or Website or any other rights or licences in respect of the Content, Website, Test or Service.
4. Privacy and Personal Data
4.1 Your use of this Website is subject to applicable terms of Cambridge’s privacy policy which is found at https://www.cambridge.org/legal/privacy.
4.2 We will use your personal data for the purpose of Us providing the Service and You being able to access the Service on this Website.
4.3 A digital signature will be added to all downloaded audio files. The signature will include encrypted data including the downloader’s name and email address. The purpose of the signature is to maintain the integrity of the assessment and security of the materials and to allow Cambridge to perform any necessary investigations. A record of the digital signature will be retained for a period of 1 year from the download date.
5. Right of withdrawal of access of Website Content
Where Cambridge considers, in its sole opinion, there to have been a deliberate and/or systematic breach of applicable laws, these Terms of Use or any other applicable terms and conditions by You, it reserves the right to immediately, temporarily or permanently withdraw Your right to use the Website.
6. Amendment of the Website, policies or Terms of Use
Cambridge reserves the right to make changes to the Website, Policies, and these Terms of Use at any time. We will notify You of any changes to this Website, policies, and these Terms of Use by displaying them on this webpage and they will take effect from the time they are displayed on this webpage. You will be subject to the version of the policies and Terms of Use in force at the time that You use the Website. If any of these Terms of Use are deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
7. Exclusions and limitations of liability
7.1 We will use reasonable commercial measures to ensure the availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Services may also be occasionally suspended or restricted or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
7.2 The Website has been prepared for the purpose of providing information about our Services. Parties other than Cambridge provide services on this Website. We are not responsible for the test taking process, or the Cambridge Centre facilities and we do not warrant the offering of any of these organisations or the content of their Websites.
7.3 Cambridge does not assume and shall have no liability for the actions, facilities, omissions or other services that are or are due to be provided by a Cambridge Centre or any Third Party in connection with the services You request from them. You should carefully review their privacy statements and other conditions of use.
7.4 Cambridge gives no warranty that the booking or taking of the Test or the Services or Third Party services in any particular jurisdiction outside the United Kingdom is permitted under any applicable non-United Kingdom laws or regulations. Accordingly, the Services accessed through the Website or any part of them are not offered in any jurisdiction or to any Candidate where purchasing or taking the Test or using the Services available or the provision of the Services is prohibited, whether by reason of nationality, residence, age or otherwise. If You are resident outside the United Kingdom You must satisfy Yourself that You are lawfully able to purchase the Test or use Third Party services.
7.5 Subject to the paragraph above, Cambridge shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise for any losses, financial, economic or other loss, or any indirect or consequential loss or damage, costs or expenses whatever or however arising out of or in connection with the sale and supply of the Test, Third Party services or the purchase or attempted purchase of the Test or Third Party services anywhere in the world.
7.6 Cambridge’s liability for any loss or damage, costs or expenses arising directly or indirectly from the use of Third Party services provided through the Website shall not exceed such sum as has been paid to Cambridge for the Service concerned.
7.7 Cambridge excludes all liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from any non-availability or use of the Website, Website Content or of any other Website linked to it, or from reliance on the Website Content or any material or Content accessed through it.
7.8 Nothing in these Terms of Use shall exclude Cambridge’s liability to You for fraudulent misrepresentation by Us or Our employees or for death or personal injury resulting from Cambridge’s negligence or that of our employees.
7.9 This sets out the entire financial liability of Cambridge (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Candidate, Cambridge Centre or Third Party.
7.10 Except as expressly provided in these Terms of Use, the Candidate and/or the Cambridge Centre assumes sole responsibility for results obtained from the use of the Website by the Candidate or Cambridge Centre, and for conclusions drawn from such use. Cambridge shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Cambridge by the Candidate or the Cambridge Centre in connection with the Website, or any actions taken by Cambridge at the Candidate’s or Cambridge Centre’s direction.
7.11 CAMBRIDGE ACCEPTS, TO THE FULL EXTENT POSSIBLE IN LAW, NO RESPONSIBILITY FOR AND CAN GIVE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS IN RESPECT OF, (a) THE CONTENT OR AVAILABILITY OF MATERIAL ON THE WEBSITE (b) THE SERVICE BEING TIMELY, SECURE OR THAT IT WILL OPERATE WITHOUT ERROR; (c) THE INFORMATION, CONTENT, MATERIALS OR TESTS INCLUDED ON THE SITE BEING AVAILABLE AT THE TIME OF LISTING, LAWFUL TO SELL, OR THE ROLES OF ANY THIRD PARTIES, INCLUDING CAMBRIDGE CENTRES; (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CAMBRIDGE IS EXCLUDED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CAMBRIDGE DISCLAIMS ANY AND ALL SUCH WARRANTIES.
7.12 SUBJECT TO THE ABOVE, YOU ACKNOWLEDGE THAT OUR LIABILITY TO YOU FOR DIRECT LOSS UNDER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE SHALL BE LIMITED TO £100 (ONE HUNDRED POUNDS STERLING) FOR ANY ONE INCIDENT OR SERIES OF INCIDENTS. WE SHALL, HOWEVER, IN NO CIRCUMSTANCES BE LIABLE TO YOU UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE FOR ANY INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS WHATSOEVER; LOSS OF REVENUE; LOSS OF PROFITS; LOSS OF BUSINESS; LOSS OF GOODWILL OR REPUTATION; LOSS OF USE; ANY DELETION, CORRUPTION, DESTRUCTION, LOSS OR REMOVAL OF DATA OR ANY PROFESSIONAL CHARGES.
7.13 If the limitation on the Cambridge’s liability set out in the preceding paragraph is adjudged to be unreasonable in the circumstances, the limit of Cambridge’s liability shall be increased to the amount that Cambridge can recover from its insurer for the loss in question.
8. Copyright and Intellectual Property
THE WEBSITE, AND CONTENT (INCLUDING DESIGN, TEXT, IMAGES, SCRIPTS AND SOUNDS ALL TEST MATERIAL AND ALL TECHNICAL INFRASTRUCTURE RELATING TO IT) ARE THE PROPERTY OF CAMBRIDGE OR ARE LICENSED TO CAMBRIDGE AND PROTECTED BY INTERNATIONAL COPYRIGHT AND DATABASE RIGHTS LAWS AND MUST NOT BE USED, DISPLAYED, MODIFIED, ADAPTED, DISTRIBUTED, TRANSMITTED, TRANSFERRED, PUBLISHED OR OTHERWISE REPRODUCED IN ANY FORM BY ANY MEANS OTHER THAN STRICTLY IN ACCORDANCE WITH THIS AGREEMENT OR BY THE EXPRESS WRITTEN AUTHORITY OF CAMBRIDGE. © CAMBRIDGE UNIVERSITY PRESS & ASSESSMENT
All other rights are reserved.
9. Jurisdiction
These Terms of Use shall be governed by and construed in accordance with English law and any dispute arising out of the supply and purchase of the Test(s) or Services shall be subject to the exclusive jurisdiction of the English Courts. Each party irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with these terms and conditions.
10 Force Majeure
Cambridge shall have no liability to a Candidate, Cambridge Centre or Third Party under these Terms of Use if it is prevented from or delayed in performing its obligations under these Terms of Use, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemic, pandemic or default of Cambridge or its sub-contractors.
11. Other important terms
11.1 These Terms of Use together with Cambridge’s Data Protection and Privacy Statement and Centre Agreement constitute the entire agreement between Cambridge and You with respect to the Services.
11.2 Cambridge will not be deemed to be in breach of these Terms of Use or held liable to the Candidate for any delay in performance or failure to perform any of its obligations to the Candidate to the extent that such delay or non-performance is due to any cause beyond Cambridge’s reasonable control.
11.3 Cambridge may terminate or suspend Your access to, or use of, any ordering or other features of this Website, without notice, for any conduct that Cambridge believes is disruptive to this Website or is in violation of any applicable law or these Terms of Use, including without limitation any infringement of Cambridge’s Intellectual Property or other rights.
11.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
11.5 If You breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where You breach these Terms of Use.
12. Language Version
In the event that these Terms of Use are translated into any language other than English, the terms of the English Language version shall prevail.
13. Contact us
In the event of any comments or questions concerning these Terms of Use, please contact us through the Helpdesk.
14. Definitions and Interpretation
14.1 Under these terms and conditions unless the context otherwise requires, the following words have the following meanings:
‘Business Day’ means any day which is not a Saturday, Sunday or public holiday in the United Kingdom.
‘Cambridge’ / 'We' / 'Us' / 'Our' means the Chancellor, Masters and Scholars of the University of Cambridge, acting through its department Cambridge University Press & Assessment.
‘Cambridge Centre’ shall mean a recognised School of Cambridge Assessment English or Cambridge Assessment International Education, including Cambridge Associate Schools, and exam centres or venues that can provide test taking facilities as provided in accordance with the relevant Centre Agreement.
'Candidate(s)' shall mean either a private candidate, or a candidate registered with a Cambridge Centre as a student, who is authorised to access the Content at/via his/her affiliation with a Cambridge Centre, and everyone who accesses and/or uses the Website, including, individuals who have been provided with an entry code. References in these Terms of Use to ‘You’, ‘Your’ or ‘Candidates’ are interchangeable.
‘Centre Agreement’ means the contract between You and Us, or in the case of Cambridge Associate Centres, the contract between You and Your Associate but including the Cambridge Handbook.
‘Confidential Information’ means information that is proprietary or confidential and is either clearly labelled as such or identified as confidential information.
‘Content’ means Website Content and Candidate content whether provided by Cambridge or a Third Party.
‘Helpdesk’ means Cambridge’s Customer Support Teams for each of their exam boards, as can be contacted via Cambridge’s websites, by email, or by telephone.
'Intellectual Property Rights' means all Intellectual property rights of Cambridge or the University of Cambridge including any patent, rights to inventions, utility models, copyright and related rights, database rights, registered design, trademarks, trade names, logos, service marks, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, moral rights, rights in confidential information (including know-how and trade secrets) and any other Intellectual Property Rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
‘License’ means the limited permission granted to specified Candidates to use this Website under these Terms of Use.
‘Policies’ shall mean the data protection, privacy and confidentiality policies notified to You from time to time.
‘Service’ or ‘Services’ shall mean the service(s) to be delivered by Cambridge through this Website.
‘Test’ means an assessment of the Candidate’s acquired level of skill
‘Third Party’ or ‘Third Party Services’ shall mean a party who is not party to this agreement (including but not limited to Cambridge Centres), and any services provided by a Third Party.
‘Virus(es)’ means anything or a device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the Candidate experience, including worms, trojan horses, viruses and other similar things or devices.
'Website' means this website and any other website notified to you as part of your registration, access or use of the services from time to time.
'Website Content' means all material contained in the Website including without limitation all articles, content, discussion content, tests, answer keys, text, images, scripts, sounds and audio files added to the Website by Cambridge.
‘You’ / ‘Your’ shall mean the Cambridge Centre or Candidate using the Services on this Website.
