Cambridge Boxhill Language Assessment Pty Ltd (ACN 159 885 257), a venture between Cambridge Assessment English and Box Hill Institute (referred to as CBLA, The OET Centre, we, us or our) is the owner and operator of The OET Centre website, trading as OET USA, LLC in the United States of America (https://www.occupationalenglishtest.org/) (Website). CBLA delivers the OET on paper at a venue and OET USA delivers the OET on computer.
By entering and using any part of the Website, including:
- accessing and using the services and functionality made available through the Website;
- viewing and interacting with any content, information, communications, advice, text or other material provided by OET USA, LLC (OET Centre Content) or any User Content; and
- uploading User Content to the Website and communicating with The OET Centre,
you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not enter or use the Website.
The OET Centre reserves the right to update the Terms and Conditions at any time by updating this page without notice. Your use of the Website after changes to the Terms and Conditions are posted by us will signify your agreement to the updated Terms and Conditions and you agree to be bound by the most recent version of the Terms and Conditions. It is your responsibility to check the Website regularly for the most current version of the Terms and Conditions.
The arbitration agreement in section 20 (arbitration) of the terms and conditions contains provisions governing how claims that you and OET USA or CBLA have against each other are resolved. In particular, the arbitration agreement will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
Any dispute or claim relating in any way to your use of our website will be governed and interpreted by and under the laws of Delaware, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The united nations convention on contracts for the international sale of goods is expressly excluded from the terms and conditions.
1. Changes to the Website
The OET Centre reserves the right to change, vary or discontinue the operation of the Website (or any page of the Website) as and when required without being liable for any loss, damage, cost or expense suffered by you. The Website may contain errors.
2. Prohibited Uses
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
- download (other than page caching) or modify the Website or any portion of the Website;
- impersonate or falsely claim to represent a person or organisation;
- are commercial, including selling, marketing, advertising or promoting goods or services;
- frame the Website without The OET Centre’s express written permission;
- post, link to, or otherwise communicate or distribute any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
- post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
- deletes, alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
- knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material; or
- solicits information (including login information).
3. Termination of Use
The OET Centre may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use of the Website (or any portion thereof). The OET Centre may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
4. Registration of account
Although you may browse the Website without creating an account or providing your details, in order to use certain features of the Website, you will be asked to register for an account with the Website by providing all of the information required. You agree to:
- provide true, accurate, current and complete information about yourself as prompted by any registration form; and
- maintain and promptly update the information you provide to keep it true, accurate, current and complete.
When registering for an account, you warrant that you are of legal age to form a binding contract with The OET Centre and have the necessary capacity to enter into a binding legal contract. If the OET Centre has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the OET Centre has the right to suspend or terminate your access to and use of the website (or any portion thereof).
If you purchase an OET Online Course you will be asked to register your first name, last name, email address, country of residence and profession with our third party service provider who hosts the product on behalf of OET, in order to create an account and access the course.
We reserve the right to refuse registration of any account, at our sole discretion.
5. Account Passwords
To use your account, you will require a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account as if they were your own acts and omissions.
You agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your account or do anything that would risk the security of your account.
You agree to notify The OET Centre immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The OET Centre cannot and will not be liable for any loss, claims, costs, expenses or damage arising from your failure to protect your password or account information.
6. OET Centre Content
The Website is owned and operated by or on behalf of The OET Centre. OET Centre Content on the Website is for general information and promotional purposes only. The OET Centre does not warrant or make any representations as to any third party products or services described or referred to on the Website.
We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on the Website are correct and up-to-date at the time of publication. Subject to your rights under the ACL, The OET Centre does not represent or warrant the accuracy or completeness of the OET Centre Content and is not liable for any errors, omissions or defects. Any use of the OET Centre Content, materials or information by another person or organisation is at your own risk.
The OET Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of OET Content on the Website is not an endorsement of any organisation, product, service or advice.
All intellectual property rights, including copyright, in the Website and OET Centre Content are owned or licensed by OET USA, CBLA or any of its related entities. You must not copy, modify or transmit any part of the Website or OET Centre Content.
The Website may contain trademarks, logos and trade names of The OET Centre, or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos or trade names appearing on the Website.
The OET Centre grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified elsewhere in these Terms and Conditions and The OET Centre’s Copyright and Intellectual Property Policy. It is not to be otherwise used for commercial exploitation. If there is any inconsistency between the Terms and Conditions and The OET Centre’s Copyright and Intellectual Property Policy, the Terms and Conditions prevail to the extent of any inconsistency.
If you have a complaint regarding any of the OET Centre Content, The OET Centre’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular OET Centre Content.
7. Material from Users
When you use the Website, you may upload pictures, photographs, graphics, information, content, video, text or other material (User Content) to the Website.
If you submit content User Content to The OET Centre via the Website or on public forums including, blogs and social media platforms, you grant a non-exclusive, royalty-free, perpetual, irrevocable, transferable and worldwide licence (including the right to sublicense) to The OET Centre to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, that User Content, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future).
You agree to be solely responsible for any User Content that you upload to the Website.
You consent to your User Content being altered, edited or adapted by us for any reason including to ensure your User Content does not infringe these Terms. To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the User Content, by agreeing to these Terms, you provide an irrevocable and unconditional consent in favour of us, our successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with your User Content (whether or not currently in existence) to:
- perform, exhibit, reproduce, adapt and communicate any part of your User Content in any medium and anywhere in the world without attributing you or any other person as an author of or contributor to that User Content;
- do any act or omission that would constitute a derogatory treatment of your User Content;
- make any use of your User Content that may falsely attribute authorship of the User Content to another person;
- delete or adapt or change any of your User Content in any way, including by addition to or subtraction from your User Content; or
- combine or juxtapose your User Content with anything else.
We may access or examine any User Content and at our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to User Content which we consider, in our sole discretion, to breach any law or these Terms or to be otherwise unacceptable.
You acknowledge that we:
- have no responsibility or liability for the deletion or failure to store any User Content uploaded by you or any other user on the Website; and
- are not responsible for any User Content uploaded to the Website by you or any user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.
You must warrant that you have all the necessary rights, including copyright, in the content contributed and that the content is not defamatory and does not infringe any law or the Terms and Conditions. Any content placed by you on public forums including blogs and social media platforms is regulated and The OET Centre reserves the right to remove any material it deems (in its sole opinion) inappropriate, defamatory, illegal and/or offensive.
You understand that we do not guarantee any confidentiality with respect to any User Content you upload to the Website.
You acknowledge and agree that we are under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to your intellectual property rights in User Content or The OET Centre Content.
7.2 Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. It is CBLA’s policy, at its discretion and when appropriate, to remove infringing materials or terminate the accounts of users who may infringe or repeatedly infringe the copyright of third parties. If you believe, in good faith, that any materials on the Website infringe upon your copyright, please notify us at: [email protected].
To submit a copyright infringement notification to us, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our DMCA Designated Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the material;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing including information reasonably sufficient to permit OET USA or CBLA to locate it on the Website;
- Your name and the mailing address, telephone number, and email address where we can contact you;
- A statement that you have a good faith belief that use of the material on the Website is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we do not guarantee any action based upon the receipt of your notice. You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid
8. Online Commerce
The Website may allow you to purchase many different types of products and services online that are provided by The OET Centre (OET Services). Your submission of an order to us shall be deemed to constitute an offer to purchase such OET Services in accordance with these Terms and Conditions, which shall remain open for a reasonable time.
Once you have placed an order in accordance with these Terms and Conditions, you will receive an email confirming the details of your order and receipt of payment (Confirmation Email). If you do not receive a Confirmation Email, your order may not have been accepted. If you have not received a Confirmation Email, please contact us using the following link https://support.occupationalenglishtest.org/hc/en-gb/requests/new to check the status of your order.
The OET Centre, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to accept, limit or decline your order for any reason (including in the event that the OET Services are listed at an incorrect price) whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you and your order is cancelled by us.
You acknowledge and agree that the advertised prices of the OET Services (which are expressed in Australian dollars) are subject to change without notice and that the OET Services are subject to availability. The sale of the products and Services is void where prohibited by law.
The prices advertised in respect of the OET Services are inclusive of goods and services tax and all other taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.
When ordering OET Services on the Website, you must provide complete and accurate personal information as requested. If you choose to pay by credit card, you authorise The OET Centre to debit the amount that is payable for an accepted order from your nominated credit card account. If we are unable to successfully process your credit card for your order that is accepted by us, then we may cancel your order. You must not pay, or attempt to pay, for orders through any fraudulent or unlawful means.
The OET Centre uses SecurePay, eWay and Stripe to provide the payment services for the Website. For more information on SecurePay’s security processes, please visit their website at https://www.securepay.com.au/. For more information on Stripe’s security processes, please visit their website at https://www.stripe.com.au/. For more information on Stripe’s security processes, please visit their website at https://www.eway.com.au/.
9. Delivery of OET Materials
Postage and handling are added to the cost of orders containing physical OET products. The delivery cost is calculated based on country and the postage service we use and is viewable before an order is placed.
Physical orders will be delivered using our third-party courier. All risk of loss or damage to the OET Services (which may include products) you order passes to you when we dispatch your order from our premises. Title to the OET Services (which may include products) in your order passes to you upon delivery.
We do not offer any change-of-mind refunds.
- If an item has a minor problem, please contact The OET Centre where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase.
11. Access and Communication
The OET Centre does not warrant that you will have continuous access to the Website. We will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
The OET Centre does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
Whilst The OET Centre takes reasonable precautions to protect information transmitted via the Website, The OET Centre cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
The OET Centre does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
12. Warranties; Consumer Guarantees
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable (but subject to your rights under the ACL). It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
13. Limitation of Liability
Subject to Section 12 and to the maximum extent permitted under applicable law, The OET Centre will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the OET Centre Content, the OET Services, all links to or from the Website, or the goods and services advertised or referred to on the Website, regardless of whether such persons were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
The maximum aggregate liability of The OET Centre for all proven losses, damages and claims arising out of or in connection with these Terms and Conditions, the Website, or a supply under these Terms and Conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the total amount paid by you to The OET Centre in connection with the subject matter of the particular dispute, or the sum of USD$100, whichever is greater.
You will fully indemnify The OET Centre and its related bodies corporate against any loss, damage, costs, expenses, fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any breach of these Terms and Conditions by you, your use of the Website or the OET Centre Content, any third party use of the Website through your account (whether authorised or not), your infringement of any third party rights, your submission or publication of User Content on the Website, your use of third-party websites linked to the Website or your communications with The OET Centre.
This Website may also include links to other websites. These links, which provide further information, are included for your convenience. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). If you decide to access or use any linked websites or content, materials, software, goods or services from a website linked to occcupationenglishtest.org, you do so entirely at your own risk. We have not reviewed all of the third-party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements).
You hereby release The OET Centre and its designated representatives from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through third party websites.
While The OET Centre encourages links to the Website by third parties, The OET Centre reserves the right to prohibit or refuse to accept any link from a third party website. You agree to remove any link you may have to the Website upon the request of The OET Centre.
17. Third-Party Advertisements
The Website may contain third party advertisements (such as banner ads, third party logos and information, material and documents relating to or provided by third parties). These advertisements (if any) do not constitute an endorsement or recommendation by The OET Centre (or its related bodies corporate) of any business, products or activities of the third-party advertisers. If you choose to access these third party linked sites, you do so at your own risk. The OET Centre is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. The OET Centre is not responsible for and will not be liable in respect of any incorrect link to an external website.
18. Test Regulations
These Terms and Conditions incorporate the OET Test Regulations available at https://www.occupationalenglishtest.org/test-regulations/.
By accepting these Terms and Conditions, you acknowledge that you have read, understood and accepted to be bound by the OET Test Regulations.
19. International Use
As this site can be accessed throughout Australia and overseas, The OET Centre does not represent that the OET Centre Content complies with the laws of any country outside Australia or that any offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.
You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
Please read the following arbitration agreement in this Section 20 (Arbitration Agreement) carefully. It requires you to arbitrate disputes with OET USA or CBLA and limits the manner in which you can seek relief from us.
21.1 Applicability of Arbitration Agreement
You agree that any dispute or claim relating in any way to your access or use of our Website, to any services or products provided by OET (including, the OET Services and OET Centre Content) or other content or materials distributed through our Website, or to any aspect of your relationship with OET USA or CBLA, (each, a Dispute) will be resolved by binding arbitration, rather than in court, except for the exceptions expressly stated in the Arbitration Agreement.
The following Disputes are not subject to this Arbitration Agreement: (1) Disputes that qualify for small claims court, so long as the Dispute remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, your infringement of a third party’s or our intellectual property rights, or unauthorized use of our Website; and (3) you or OET USA or CBLA may seek injunctive or other equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
If you agree to these terms, and therefore arbitration with OET USA or CBLA, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against OET USA or CBLA alleging class, collective, and/or representative claims on your behalf, unless otherwise permitted by law. Instead, by agreeing to arbitration, you may bring your claims against OET USA or CBLA in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief permitted by applicable law by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept terms and conditions, including this arbitration agreement.
20.2 Arbitration Rules and Forum
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
OET on Computer at a Venue OET on Paper at a Venue
OET USA, LLC The OET Centre
1209 Orange Street PO Box 16136
County of New Castle Collins St West
Wilmington Victoria 8007
Delaware 19801 Australia
United States of America
The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, or another alternative resolution provider based on the written agreement of the parties. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay the filing, administrative, hearing and/or other fees of JAMS, or another alternative dispute resolution provider, and you cannot obtain a waiver from JAMS, OET USA or CBLA will pay them for you. In addition, OET USA or CBLA will reimburse all such filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, OET USA or CBLA will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous and OET USA or CBLA would otherwise be entitled to an award of such fees and costs had the matter been heard in court. You may choose to have the arbitration conducted by telephone or online videoconferencing service, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
20.3 Authority of Arbitrator
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and OET USA or CBLA. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties unless all parties (including OET USA or CBLA) consent in writing. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, and the Terms and Conditions (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis to the same extent that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
20.4 Waiver of Bench or Jury Trial
You and OET USA or CBLA hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and OET USA or CBLA are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 20.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
20.5 Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one user cannot be arbitrated or consolidated with those of any other user.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
20.7 Survival of Arbitration
This Arbitration Agreement will survive the termination of your relationship with OET USA and CBLA.
Notwithstanding any provision in the Terms and Conditions to the contrary, you agree that if OET USA or CBLA makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which you have demanded arbitration or then pending in arbitration.
21. Severance of Clauses
If any clause of the Terms and Conditions is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed and will not affect the validity and enforceability of the remainder of the Terms and Conditions.
22. Governing Law and Jurisdiction
The Terms and Conditions and any actions related thereto shall be governed by the laws of Delaware, without regard to the conflict of laws principles thereof. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
If you have questions about the Website or these Terms and Conditions, please contact us by visiting The OET Centre’s Contact Information page and following the instructions provided.