International Test Limited
Terms and Conditions of Service
Description of Website and Service
The Service allows users to access and use a variety of English language proficiency assessments. International Test Limited may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Acceptable Use of the Services
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with our Community Guidelines.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment, and billing policies applicable to such fees and charges, posted or linked here. International Test Limited may add new services for additional fees and charges or amend fees and charges for existing services at any time in its sole discretion. Prices for all Services are subject to change but will not affect the already paid Service during its validity. International Test Limited also reserves the right to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. International Test Limited shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
International Test Limited is not a subscription-based Service. All services provided by Tracktest to individual users are paid on a one-time basis and in advance.
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
In connection with registering for and using the Service, you agree (i) to provide accurate, current, and complete information about you and/or your organization as requested by International Test Limited; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to International Test Limited, to keep such information accurate, current, and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
Your Representations and Warranties
You represent and warrant to International Test Limited that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United Kingdom and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United Kingdom and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Activity Materials and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
You represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive economic or trade sanctions; (2) identified on a list of prohibited or restricted persons, such as relevant government authorities’ lists; or (3) otherwise the target of sanctions.
Rights and Responsibilities
- International Test Limited offers users a international test to assess their English proficiency.
- Each certificate has an ID number, is assigned to the individual, and cannot be changed.
- Certificates are not sent via email. Users must log in to their accounts and activate their certificates after purchasing them. Once activated, they can download them. Certificate activation is the responsibility of the user. International Test Limited is not responsible for users who do not complete the activation process and fail to obtain their certificates.
- The validity of this test is irrevocable and not subject to legal claims.
- The user who takes the test bears full responsibility for the test results.
- International Test Limited has no authority to manipulate the test results in any way.
- The decision to make a payment to access test results and obtain a certificate after completing the test is entirely at the user’s discretion.
- If the user opts not to make a payment, International Test Limited cannot be held accountable for any resulting circumstances.
- The user’s English proficiency level and the certificate issued based on their responses are solely determined by the user’s answers. International Test Limited cannot be held responsible for the English proficiency level or certificate in this context.
- If the user presents their English proficiency certificate to an institution, they assume full responsibility for the outcome. International Test Limited holds no responsibility for whether the institution accepts the English proficiency certificate and cannot be held legally liable.
- Individuals with incorrect certificate names can seek support.
- The English certificate can only be downloaded digitally in PDF format. Physical certificate delivery via shipping is not available.
Purpose of Use for English Certificate
This English certificate, hereinafter referred to as the “Certificate,” is issued for the specific purpose of verifying the English language proficiency of the individual named on the Certificate. The Certificate may be used solely for the following purposes, subject to compliance with all applicable laws and regulations:
1. Employment: The Certificate may be presented to potential employers or organizations as evidence of the individual’s English language skills for job applications, interviews, or professional assessments.
2. Education: The Certificate may be submitted to educational institutions for admission purposes, scholarship applications, or program enrollment, where English proficiency is a requirement.
3. Immigration: The Certificate may be used as part of immigration or visa applications to demonstrate English language competency, where such documentation is required by immigration authorities.
4. Professional Licensing: The Certificate may be submitted to relevant licensing bodies or associations as proof of English proficiency, when necessary for obtaining professional licenses or certifications.
5. Legal and Regulatory Compliance: The Certificate may be used to fulfill legal or regulatory requirements that mandate English language verification, provided such requirements exist within the applicable jurisdiction.
6. Personal Records: The Certificate may be retained for personal records and reference by the certificate holder, as well as for future educational or employment opportunities.
7. Other Lawful Purposes: Any other lawful purposes not explicitly mentioned herein that require the verification of English language proficiency.
The Certificate holder acknowledges that any use of this Certificate for purposes other than those stated herein may be subject to legal consequences, including but not limited to misrepresentation, fraud, or violation of applicable laws and regulations.
By accepting and using this Certificate, the Certificate holder agrees to abide by these terms and conditions and acknowledges the importance of maintaining the integrity and accuracy of the information contained in the Certificate. Failure to comply with these terms may result in the revocation of the Certificate and may lead to legal actions as appropriate.
Please note that International Test Limited Company is not responsible for the purpose of use and outcomes of this certificate.
International Test Limited does not have access to specific information about the recognition of certificates issued by any particular organization or institution. The recognition of English language certificates for visa, job, university, or citizenship applications can vary depending on the institution’s specific requirements.
To determine whether your organization’s English language certificate will be recognized by any institution, you should directly contact the institution and inquire about their specific language proficiency requirements and accepted certificates. They will be able to provide you with the most accurate and up-to-date information regarding their application procedures.
It’s important to note that International Test Limited does not assume any responsibility for these applications. The acceptance or rejection of certificates is solely determined by the institution in question, and any inquiries or issues related to the application process should be directed to them. International Test Limited is responsible solely for the issuance of language certificates and cannot influence the decisions made by external institutions.
Indemnification of International Test Limited
You agree to defend, indemnify, and hold harmless International Test Limited and its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities, and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate, or defective in any way whatsoever.
You may be entitled to change your mind and receive a full refund within fourteen (14) days from the payment (the “Cooling-off Period”), provided that you have not received the certificate or otherwise redeemed the Service during the Cooling-off Period. You can request a refund by contacting International Test Limited Support. In the event you cancel your Service after receiving the certificate or after 14 days from the payment, you shall receive no refund for any unused time on a Service validity, any license or subscription fees for any portion of the Service, any content or data associated with your Account, or for anything else.
Third-Party Links, Sites, and Services
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by International Test Limited on the Service are subject to change. In consideration for International Test Limited granting you access to and use of the Service, you agree that International Test Limited and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INTERNATIONAL TEST LIMITED BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF INTERNATIONAL TEST LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERNATIONAL TEST LIMITED’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INTERNATIONAL TEST LIMITED FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
International Test Limited may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service.
International Test Limited, at its sole discretion, reserves the right to suspend or terminate your Account and reject any and all current or future access to the Service or any other services provided by International Test Limited, for any reason at any time. Such termination of the Service will lead to the suspension or deletion of your Account or your access to it. International Test Limited retains the right to refuse service to anyone for any reason at any time.
You may terminate your International Test Limited account at any time by following the instructions available through the Service. Terms and Conditions shall survive any termination.
All communications from you to this website, in the form of comments, questions, or general feedback, will be considered non-confidential and non-proprietary. You agree that any such communications will be deemed the property of International Test Limited and shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such communications, for any purpose, without compensation to you. International Test Limited may provide International Test Limited users with forums where they can post content to our website. International Test Limited does not necessarily endorse, support, or agree with content posted by external users. You agree not to post any unlawful, abusive, offensive, sexually-oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including without limitation any communications that would constitute a criminal offense, give rise to civil liability, or violate local, state, national, or international law, or infringe upon another organization’s copyright or trademark. You agree that you are solely responsible for the content of your communications and their legality under all laws.
You agree to indemnify, defend, and hold International Test Limited harmless from and against any and all third-party claims, liabilities, damages, losses, or expenses, including attorneys’ fees, arising out of, based on, or in connection with your access and use of this website, including but not limited to your violation of this Agreement.
The Service is provided by International Test Limited on an “as is,” “as available,” and “with all faults” basis. International Test Limited hereby expressly disclaims all warranties and conditions of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Without limiting the foregoing, International Test Limited does not warrant that the Service will meet your specific requirements, that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be complete, accurate, or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
Limitation of Liability
You expressly understand and agree that to the maximum extent permitted by applicable law in no event shall International Test Limited, its affiliates, partners, or suppliers be liable for any indirect, indirect, incidental, special, consequential, or exemplary damages including, without limitation, damages for loss of profits, cost of replacement goods, goodwill, use, data or other intangible losses (even if International Test Limited, its suppliers, partners or affiliates advised of the possibility of such damages), including any such damages that result from the use of, or the inability to use this Service. Under no circumstances will International Test Limited be responsible for any damage or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account, or the information contained therein. To the maximum extent permitted by applicable law, International Test Limited assumes no liability or responsibility for (I) errors, mistakes, or inaccuracies of content; (II) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (III) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) any interruption or cessation of transmission to or from the Service; (V) any bugs, viruses, trojan horses, or the like that may be transmitted through our service by any third party; and/or (VI) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the service. In no event shall International Test Limited, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs that exceed the amount of fees paid by you to International Test Limited under this agreement during the twelve (12) month period prior to the cause of action.
Limited Right to Use: Proprietary Rights in Service Content
All content available through the Service, including but not limited to designs, text, graphics, images, information, software, audio, and other files, as well as their selection and arrangement (collectively referred to as “Service Content”), are the exclusive proprietary property of International Test Limited or its licensors. You are expressly prohibited from modifying, copying, distributing, framing, reproducing, republishing, downloading, scraping, displaying, posting, transmitting, or selling any portion of the Service Content, whether in whole or in part, except as expressly permitted by these Terms and Conditions. The use of data mining, robots, scraping, or any similar data gathering or extraction methods to acquire Service Content is strictly prohibited.
As between you and International Test Limited, International Test Limited, and its licensors retain full ownership of all rights, titles, and interests in and to the Service. This includes all materials, such as improvements, updates, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights associated with International Test Limited. These materials are protected by the copyright laws of the United Kingdom and other relevant jurisdictions.
Any other trademarks, service marks, graphics, or logos displayed on the website may belong to third parties and are subject to their respective rights. Your use of the Website does not grant you any rights or licenses to reproduce or utilize any International Test Limited or third-party trademarks.
Materials that are viewed, printed, and/or downloaded from this website are intended for personal use only and may not be employed for any commercial purposes. Reproduction, modification, republishing, uploading, posting, distribution, or transmission of these materials in any form or by any means, without prior written consent from International Test Limited, is strictly prohibited. Unauthorized use of such materials may result in violations of copyright, trademark, or other applicable laws.
Please consider using this revised version for added clarity and legal precision. It’s essential to have such agreements reviewed by a legal professional familiar with the laws of your jurisdiction to ensure compliance and effectiveness.
“International Test Limited” and “International English Test” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of International Test Limited or their respective owners, and certain of them may be registered with relevant trademark authorities. Accessing and using the Service does not grant or provide you with the right or license to reproduce or otherwise use the “International Test Limited” and “International English Test” name or any “International Test Limited” and “International English Test” or third-party trademarks, service marks, graphics, or logos.
These Terms and Conditions shall be governed by and construed under the laws of the United Kingdom, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.
This agreement was originally written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between International Test Limited and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by International Test Limited or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. International Test Limited may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of International Test Limited and you, and International Test Limited’s and your respective successors and permitted assigns.
These Terms of Service and all matters relating to your access and use of the Service shall be governed by the laws of the United Kingdom without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to your use and access to the Service, you agree shall be brought exclusively in the courts located in the United Kingdom, and you expressly agree to be subject to the jurisdiction and venue of such courts.
You may contact us regarding the Services or these Terms at: (i) International Test Limited, London, United Kingdom (ii) by e-mail at [email protected]