Terms and Conditions

This version of the Terms and Conditions (published 1 June 2011) replaces and supersedes all previous terms and conditions. By clicking “I accept” you signify that you have accepted this version of the Terms and Conditions.

Please read these terms and conditions carefully; they contain important information about your rights and obligations.

1. Introduction

1.1 Please read these terms and conditions carefully before attempting to access or use the online exam results information (“Results”) and the online analytical services for mock exams (“Results Plus Mock Analysis Service “) available on the website (together the “ResultsPlus Service”) which is operated by Edexcel, a trading division of Pearson Education Limited (“Edexcel”, “our”, “we” or “us”).

1.2 By clicking on the “I Accept” button at the bottom of these terms and conditions you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.

1.3 If you do not wish to be bound by these terms and conditions then you may not access the ResultsPlus Service.

2. Conditions of access to the ResultsPlus Service

2.1 In relation to the ResultsPlus Service:

(a) You may:
(i) display Results electronically on a single computer to one person;
(ii) download and store the Results in machine readable form; and
print the Results. Please note: a print out of Results on-screen does not constitute a certificate from Edexcel.
disclose the Results of a candidate to that candidate only;
(with the exception of T Level Results) use the Centre grade results graphic in published reports or on your centre’s website;
share any group report with other teachers at your centre.

(b) You may not:
(i) download, store, reproduce, transmit, display, copy, distribute or use Results other than in accordance with sub-clause 2.1(a) above;
(ii) sub-license, rent, lease, transfer or attempt to assign the rights in the Results to any other person;
(iii) make the Results available on a network;
(iv) use the Results in any manner, or transfer or export the Results or any copies into any country, other than in compliance with applicable laws; or
allow any other person to use the Results other than in accordance with these terms and conditions.

Please note: you must respect the confidentiality of the Results and must not disclose the Results of one candidate to another candidate.

2.2 The Results are presented solely for your private, personal and non-commercial use, and may not be re-sold.

2.2 Edexcel may terminate or suspend your use of the ResultsPlus Service at any time if you are found in breach of any of these terms and conditions.

2.3 If you or a candidate request a re-mark from Edexcel, the new mark will be displayed on ResultsPlus approximately 48 hours after the grades are awarded.

3. Warranties

3.1 We warrant that we will provide the ResultsPlus Service with reasonable skill and care.

4. Modifications to the ResultsPlus Service

4.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the ResultsPlus Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions.

4.2 Please note that although we try to ensure that the content of our website and/or the ResultsPlus Service is accurate, it may contain typographical errors or other inaccuracies and we do not accept any responsibility for any data or other information you or other users may input as part of the ResultsPlus Mock Analysis Service and any information the ResultsPlus Mock Analysis Service may produce on the basis thereof.

5. Information you provide

5.1 The following applies to any information you provide to us, for example, during any registration or subscription process.

(a) You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name, address and e-mail address to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our “Partner Companies”). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should email us at ukdataprotection@pearson.com.

(b) If you obtain or choose to receive services through our website then we may collect information about your browsing behaviour and if you send us personal correspondence such as e-mails or letters [or post reviews or other messages on the bulletin boards or in the chat areas] then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as “the Purposes”). All such information collected by us shall be referred to in these terms and conditions as “Personal Information”.

(c) You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.

5.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at ukdataprotection@pearson.com.

Additional provisions for the ResultsPlus Mock Analysis Service

5.3 Through the ResultsPlus Mock Analysis Service we make available to you analytical tools for you to analyse the results of mock examinations scored and graded by you using such marking schemata as we may make available to you from time to time.

5.4 You agree that it is your sole responsibility and that we are not liable to you or anyone else under any circumstances for:

(i) the correct input of any student data, including but not limited to student identification data or other personal data about any students (such as dates of birth or other); and
(ii) the use of any mock examination; and
(iii) the use of any marking schemata to score the mock exams; and
(iv) your decision to grade the exams; and
(iv) the input of the data from (i) through (iv) into our services; and
(v) any decisions, judgements or evaluations you may make on the basis of any output from our services.

5.5 You acknowledge that the ResultsPlus Mock Analysis services will only be able to process any results you obtained using the marking schemata and mock exams that we have made available to you.

5.6 We may make additional analytical or other tools available to you, such as Edexcel average scores or the EBacc tracker.

5.7 You acknowledge that the output from our ResultsPlus Mock Analysis services and any additional tools will depend on the accuracy of the data that you input and that we will not be obliged to carry out any checking or verification whatsoever.

5.8 We are making the ResultsPlus Mock Analysis Service available to you and hope that you will find it useful and you accept that we do not endorse any results or outputs from the ResultsPlus Mock Analysis Service in any way and we do not promise any particular results or outcomes from the use of the ResultsPlus Mock Analysis Service or any information/output thereon.

5.9 You allow us to process any and all data, including any personal data that you enter into the ResultsPlus Mock Analysis service so that we can provide you with the service. You allow us and shall procure to allow us to use the data for internal analytical and for marketing purposes. We may share and transfer the data to third parties or affiliated companies in the UK or anywhere else in the world.

6. Security

6.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for access to the ResultsPlus Service. You may not share these with or transfer them to any third parties. You must notify Edexcel [e-mail us at ukdataprotection@pearson.com] immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

7. Copyright and monitoring

7.1 The contents of the ResultsPlus Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is Edexcel, our affiliates or other third party licensors. All product and company names and logos contained within our website or the ResultsPlus Service are the trade marks, service marks or trading names of their respective owners, including us.

8. Availability of the RESULTSPLUS service

8.1 We will try to make the ResultsPlus Service available but cannot guarantee that the ResultsPlus Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the ResultsPlus Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

9. Liability

9.1 Except as set out in sub-clause 3.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Results, the ResultsPlus Service, our website or any information or service provided through our website. We will do our best to ensure that all Results and information and content in the ResultsPlus Service are accurate, but please note that all Results and content and information contained in the ResultsPlus Service are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of Results and content and information contained in the ResultsPlus Service.

9.2 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the ResultsPlus Service or the Results, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Edexcel or our servants, agents or any other person or entity.

9.3 If we are liable to you for any reason, our liability will be limited to a maximum of £100. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

9.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the ResultsPlus Service and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the ResultsPlus Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

9.5 You are responsible for the data you enter and its accuracy. We will not carry out any checking and do not accept any liability for the ResultsPlus Mock Analysis Service or any information it may show or any other output from it or any decision you may make on the basis of these services.

9.6 The limitations and exclusions in this condition do not affect your non-excludable statutory rights only apply to the extent permitted by applicable law.

10. General

10.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 10.1 shall be ineffective.

10.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of the ResultsPlus Service will be governed by that version.

10.3 These terms and conditions together with the privacy policy are the whole agreement between you and Edexcel. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Edexcel or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions or our privacy policy.

10.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

10.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

10.6 Edexcel will not be held liable for any failure to perform any obligation under these terms and conditions due to causes beyond our reasonable control.

10.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.

10.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

11. Replacement

11.1 These terms and conditions replace all other terms and conditions previously applicable to the provision of the ResultsPlus Service.