Close
 
Testwise Reporting Service support - Terms of use

Last updated: May 2018

These terms of use (together with the documents referred to herein) explain the terms on which you may make use of our Testwise Reporting Service, available at https://reports.testwise.net/login.htm ("TRS").

Please read these terms of use carefully before you start to use TRS, as these will apply to your use of TRS. We recommend that you print a copy of this for future reference.

By registering with and/or using TRS, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use TRS.

INFORMATION ABOUT US

TRS is operated by GL Assessment Limited of 1st Floor, Vantage London, Great West Road, Brentford, TW8 9AG ("We"). Our VAT number is GB 811541759.

APPLICATION & VARIATION OF THESE TERMS

TRS enables users to access paper-based assessments and, if purchased, our scoring and reporting services, as well as allowing users to view reports and other data relating to the completion of assessments and student performance ("Service").

These terms apply to any use of TRS and the Service by a school (which may include any local authority or other entity with ultimate responsibility for or control over the school) ("School"), its staff and any other authorised representatives ("Users") (the School and Users together are referred to as "you" and "your"). Where an individual agrees to these terms for and on behalf of a School, the individual warrants that he/she has the authority to do so and to contractually bind the School.

The School and its Users agree to comply fully with these terms and any other terms, rules, or guidelines applicable to the Service. The School shall be responsible for the use of TRS and any part of the Service by its Users.

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

OTHER APPLICABLE TERMS

These terms of use refer to our Privacy Policy, which also apply to your use of the Service. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, as well as our cookie policy. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate and that you have obtained all consents necessary for us to process such data.

TRS SERVICE

We shall use our reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for any planned or unscheduled maintenance. However, the availability of the Service may be subject to factors outside of our control. The Service will be provided with reasonable skill and care. If the Service is unavailable (other than due to maintenance) or fails to conform with the foregoing undertaking, we will use all reasonable endeavours to correct the unavailability or non-conformance promptly. Such correction constitutes your sole and exclusive remedy in respect of any unavailability or non-conformance of the Service.

We do not warrant that the Service will be uninterrupted or error-free or that it has been created to meet your requirements.

The School and its Users are responsible for procuring and maintaining network connections and telecommunications links necessary to access the Service and ensuring that the systems and networks used to access the Service are suitable and comply with any specifications required or recommended by us from time to time. We shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

The School understands and agrees that the Service may include certain communications from us, such as service announcements and administrative messages. These communications are considered a part of the Service that is necessary for the performance of the contract and the School may not opt out of receiving them.

YOUR ACCOUNT AND PASSWORD

The individual registering and accepting these terms (whether on his own behalf or on behalf of the School or another User) agrees that all information provided to us shall be complete, true and accurate. This information shall be monitored and kept up-to-date at all times by the School and/or Users.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for any activity undertaken using your user information.

You may be prompted to change your password from time to time in order to maintain the security of your account. If you fail to do so, you may lose access to your TRS account. In any event, we encourage all Users to change their password regularly.

We have the right to terminate your User account and/or disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customer.services@gl-assessment.co.uk or 0330 123 5375. We shall not be responsible for any loss or damage arising from improper access and/or use of any User account.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in TRS, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

We grant the School a non-exclusive, non-transferable, limited licence to access and use TRS and the material published on it (in object code form) and to grant such access to its Users to the extent necessary for the proper use of the Service. Except as expressly authorised by us in writing, you may not use the Service for any purpose other than as contemplated by these terms of use. Materials available via the Service may only be printed or downloaded where expressly permitted and only for the School’s internal use.

You must not modify the any materials available on TRS in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on TRS must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use the Service may be terminated and you must, at our option, return or destroy any copies of the materials you have made.

Except as expressly stated herein, these terms do not grant the School or its Users any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service.

You agree that you shall not reproduce, duplicate, copy, sell, trade, resell, reverse engineer, adapt or otherwise attempt to exploit for any commercial purposes any portion of the Service (including the School's I.D.) or any materials available via the Service. You agree not to attempt to access or exploit the Service in source code form or modify the software forming part of the Service in any manner or form, or use any modified version of the Service, including (without limitation) for the purpose of obtaining unauthorised access to the Service.

DISCLAIMER OF WARRANTIES

Although we make reasonable efforts to update the information and materials on TRS, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

You expressly understand and agree that, other than as expressly stated herein, we expressly exclude (to the fullest extent permissible by law) all warranties of any kind, whether or express or implied, including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose.

SCHOOL DATA

The School shall own all right, title and interest in the data inputted into the Service by it and its Users (School Data). It shall have sole responsibility for the legality, integrity and maintenance of the School Data.

The School hereby grants us a non-exclusive, worldwide, perpetual, irrevocable licence to store, process and utilise the School Data for the performance of the Service and in accordance with the Privacy Policy. This may include (but is not limited to) use of the School Data for internal reviewing, quality reporting, and product development purposes; the creation and dissemination of aggregate data; and for third party publication and reporting.

To the extent that the School Data comprises personal data, we shall process such personal data in accordance with our Privacy Policy and these terms of use.

For the purposes of these terms of use, “Controller”, “Processor”, “Data Subject”, “Personal Data” and “processing” shall have the meanings attributed to them in accordance with the Data Protection Act 1998, the General Data Protection Regulation (EU) 2016/679 and any subsequent UK data protection legislation (Data Protection Legislation).

For the purposes of the Service being performed by us, the School shall be the Data Controller of all Personal Data in relation to the School Data (School Personal Data) and we shall be the Data Processor in relation to the School Personal Data. We shall:

The School is solely responsible for the completeness and accuracy of all Personal Data provided to us by it or its Users. The School warrants that is has obtained all consents or other legal justifications necessary in accordance with the Data Protection Legislation to enable us to process such personal data (and any other third party data comprised in the School Data) and the School shall indemnify and keep us indemnified against all claims, liabilities, demands, proceedings, damages, losses, costs, expenses, fines and charges which are made or brought against or incurred by us as a result of the School being in breach of this warranty.

CHARGES AND INVOICES

Where charges are applicable to the receipt of the Service or any part of the Service (and not dealt with via another agreement between us and the School or a related party), such charges and the applicable payment terms shall be set out in a separate order form or contract. The School shall pay such charges, as well as any applicable taxes, in accordance with those payment terms.

If charges are not paid by the due date for payment, we shall be entitled to charge interest on the overdue amount at the rate of 4% per annum above the base rate of Barclays Bank plc from time to time. Such interest shall accrue daily and be compounded monthly. We may also suspend the access to the Service unless and until payment is made in full (together with any applicable interest).

TERMINATION

We may terminate the School’s right (and that of its Users) to access and use the Service with immediate effect if: (a) the School or any User breaches these terms of service or any incorporated terms, rules, or guidelines; (b) the School requests termination of the Service in accordance with any agreement for the provision of the Service; (c) required to do so by any law enforcement, governmental or regulatory authority; (d) there is any discontinuance or material modification to the Service (or any part thereof); (e) the School has engaged in illegal or fraudulent activities; (f) the School fails to pay any charges applicable to the provision of the Service by the due date for payment; or (g) there is any extended period of inactivity in the School’s use of the Service.

Termination of the School’s account shall include the revocation of all User account access to the Service and deletion of passwords, data, and all related information and content related with the School’s account. On termination, the School’s licence to use the Service and any assessments and other materials accessible via the Service shall immediately cease.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

In particular, we will not be liable for:

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Subject to those liabilities which are excluded and which cannot be limited or excluded, as set out above, our liability to the School arising out of the use of the Service (whether in contract, tort, breach of statutory duty, or otherwise), shall be limited to the amount of the fees received by us from the School in the 12 months previous to any claim.

UPLOADING CONTENT

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Service.

You are solely responsible for securing and backing up your content.

VIRUSES

We do not guarantee that the Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Service. You should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which it is stored or any server, computer or database connected to it. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

CHANGES TO TRS

We may update TRS from time to time, and may modify any aspect of the Service (provided that this shall not result in a degradation of the Service). The performance of modifications may result in the temporary unavailability of the Service. We will use our reasonable endeavours to ensure that modifications and improvements are performed outside of school hours and will (insofar as reasonably practicable) give you reasonable prior notice of the unavailability of the Service.

We do not guarantee that TRS, the Service, or any content on it, will be free from errors or omissions.

THIRD PARTY LINKS AND RESOURCES

Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and shall not be responsible for any content, advertising, products, or other materials available via those sites and resources.

THIRD PARTY RIGHTS

We and the School agree that no third party (including any individual User) shall have any rights to enforce these terms.

GENERAL

Force Majeure. We shall not have any liability if we are prevented or delayed in performing our obligations under these terms due to any acts, events, omissions or accidents beyond our reasonable control.

Entire Agreement. These terms of service and the documents referred to herein (together with any commercial agreement between us and the School relating to the provision of the Service) constitute the entire agreement between us and the School for the provision of the Service. You acknowledge and agree that in accepting these terms, you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding other than as set out in these terms.

Waiver. No failure or delay by a party to exercise any right or remedy under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Severance. If any provision (or part of a provision) of these terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

Assignment. The School shall not, without our consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these terms. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these terms.

Notice. Notices given by us under these terms may be sent by post at 1st Floor, Vantage London, Great West Road, Brentford, TW8 9AG, e-mail at customer.services@gl-assessment.co.uk, or by posting a public notice on TRS.

Law and jurisdiction. These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.