TERMS AND CONDITIONS OF SALE FOR BRITISH COUNCIL ONLINE SALES

INTRODUCTION

1  About these Terms

1.1  These Terms apply to any purchase of Products from the British Council through an online shop or platform (eg the “Online Shop/Eventsforce”). 

1.2  Please read these Terms carefully before you submit your order. By clicking “I agree to the terms and conditions of sale” before placing an order, you are confirming that you agree to be bound by these Terms.  If you do not accept these Terms, you will not be able to order any Products from the Online Shop/Eventsforce.

PLEASE PAY PARTICULAR ATTENTION TO THE CANCELLATION TERMS SET OUT BELOW.

1.3  These Terms are structured in the following parts (in addition to this introduction):

Part

Title

Description

Part 1

Definitions

These terms apply to all orders.

Part 2

General Terms and Conditions

These terms apply to all orders.

Part 3

Terms and Conditions of Use of Digital Content

These terms apply if you have ordered any Digital Content. These terms take precedence over the General Terms and Conditions.

Part 4

Special Terms and Conditions

These are specific terms (if any) that apply in the location in which you are normally resident.  These terms take precedence over the General Terms and Conditions and Terms and Conditions of Use of Digital Content.

Part 5

Additional Terms and Conditions

These relate to additional terms applicable to specific Products and take precedence over the rest of the Terms.

2  About the British Council

2.1  The UK Charity operates in different countries through local branch and/or affiliated offices as well as locally incorporated subsidiaries (which together, including the UK Charity, are “British Council Entities”). 

2.2  The Online Shop/Eventsforce is run by the UK Charity but the Products are sold either by the UK Charity or another British Council Entity. The Online Shop/Eventsforce will clearly indicate to you whether the UK Charity or another British Council Entity is selling the Product to you – the entity selling the Product will enter into the Contract with you for the supply of that Product and will be the “British Council” for the purposes of these Terms.  

2.3  If both the UK Charity and another British Council Entity are selling Products to you then you will have one contract between you and the UK Charity (for the Products the UK Charity is selling) and another contract between you and the other British Council Entity (for the other Products). Both contracts will be on these Terms.

2.4  In summary:

Product sold by:

Your Contract is with (and the “British Council” is):

The UK Charity

The UK Charity

Another British Council Entity

The British Council Entity selling the Product to you.

PART 1: 

DEFINITIONS:

1  Definitions and interpretation:

The following definitions and rules of interpretation apply in these Terms.

1.1  Definitions:

  • Additional Terms and Conditions means the additional terms and conditions set out in Part 5 of these Terms and sets out any additional provisions which relate to a particular Product. 
  • British Council means the UK Charity or other British Council Entity selling the Products to you as notified to you in the Online Shop and the Order Confirmation. 
  • Blended Product means any single Product which is a combination of Face to Face Content and Digital Content (whether real time or self-access content).  
  • British Council Entities is defined in the introduction to these Terms.
  • Cancellation Period means the 14 day cancellation period for certain Products further described in clause 5 of the General Terms and Conditions.
  • Complaints Page means the complaints page at https://www.britishcouncil.my/about/feedback.
  • Contact Us Page means the contact us page at https://www.britishcouncil.my/about/contact. 
  • Contract means the legally binding contract between you and the British Council on these Terms.
  • Digital Content means any Product or part of a Product that is delivered online (including any online digital content and online services and whether real time content or self-access).
  • Face to Face Content means any Product or part of a Product which is a taught Product and where you are physically present to access it in person (eg, face to face teaching at premises of the British Council).
  • General Terms and Conditions means the terms set out in Part 2 of these Terms.
  • Materials means the Products and any associated hard or soft copy materials.
  • Online Shop is defined in the introduction to these Terms. 
  • Order Acknowledgement means the order acknowledgement displayed to you in the Online Shop and which shows that the British Council has received your order and is processing it.
  • Order Confirmation means an order confirmation emailed to you in accordance with clause 1.3 of the General Terms and Conditions.
  • Payment Processor means the British Council’s designated third party payment gateway provider.
  • Privacy Policy means the privacy policy set out at https://www.britishcouncil.my/privacy-terms.
  • Products means goods, services and digital content available to purchase through the Online Shop and includes exams and subscription services and tickets for events.
  • Start Date means the date that you first access the Product (whether that be the course start date, the date you first access any Digital Content or another date).
  • Special Terms and Conditions means the terms (if any) set out in Part 4 of these Terms and which set out any additional local law variations to the General Terms and Conditions.
  • Terms means these terms and conditions of sale (including the introduction, these definitions, the General Terms and Conditions, the Terms and Conditions for Use of Digital Content, the Special Terms and Conditions and the Additional Terms and Conditions) and any other documents referred to in them.
  • Terms and Conditions of Use of Digital Content means the terms set out in Part 3 of these Terms.
  • UK Charity means the British Council entity incorporated in England and Wales by Royal Charter and registered as a charity (under number 209131 in England and Wales and number SC03773 in Scotland), whose registered office is at 10 Spring Gardens, London, SW1A 2BN.
  • you means the person agreeing to these Terms.

1.2  Interpretation:

a)  References to Parts are to the parts of these Terms and, unless stated otherwise, references to clauses in a Part are to the clauses of that Part.

b)  Any words following the terms including, include, in particular, for example or any similar expression are illustrative.

c)  Any references to calendar are to the gregorian (western) calendar and any reference to day means calendar day, or month means calendar month.

 

PART 2: 

THE GENERAL TERMS AND CONDITIONS: 

Please note:

  • Special Terms and Conditions may apply to the Contract in the location in which you are normally resident. If so they will be set out in Part 4 and any General Terms and Conditions or Terms and Conditions of Use of Digital Content which conflict with the Special Terms and Conditions will not apply to the extent they are limited by the Special Terms and Conditions.
  • Additional Terms and Conditions may apply to certain Products and these are set out in Part 5 and will take precedence over the rest of the Terms.

1  How the Contract is formed

1.1  The pages of the Online Shop will guide you through the steps you need to take to place an order. The order process allows you to check and amend any errors before submitting your order. 

1.2  By submitting an order you confirm that you are at least 18 years of age. Under 18s who would like to order any Products should ask their parent or guardian to submit an order on their behalf.  

1.3  (a)Once you have submitted your order you will receive an Order Acknowledgement stating that the British Council has received your order and is processing it.

       (b)Once the Payment Processor receives a legitimate payment for the Products into its designated bank account, your Order Confirmation will be emailed to you.

2  Duration of the Contract

2.1  Unless cancelled earlier in accordance with these Terms, the Contract will terminate once all Products in your order have been delivered in full, at which point the obligations set out in the Terms shall cease (except for the restrictions on use of Materials set out in clause 12 or the Terms of Use of Digital Content, which will continue forever).

3  How to pay

3.1  All prices for Products offered through the Online Shop will be displayed on the Online Shop.  All prices quoted include applicable taxes and charges incurred by the British Council for use of debit or credit cards unless otherwise stated. You may incur additional charges for the use of debit or credit cards from your provider and such charges are in addition to the advertised price.  Prices may change from time to time, but this will not affect any order which has been confirmed by an Order Confirmation.

3.2  Payment can be made by credit or debit card (or any other payment method permitted by the Online Shop such as gift vouchers) as explained in the order process.  In all cases the British Council treats payment as confirmation that you are the person authorised to use such credit card or debit card and that you are over the age of 18 years.  

3.3  Payments by credit or debit card are processed immediately via the Payment Processor over a secure link.  No card details are held by the British Council.  

3.4  For the avoidance of doubt, until you have paid for the Product in full, you shall have no right to access the relevant Product (by attending in person or online, or otherwise) and the British Council may prevent you from accessing all or any part of the relevant Product without liability to you.

3.5  In certain jurisdictions the British Council will permit you to order or reserve Products online but allow you to pay for them through another method which may not be the online payment method affiliated to the Shop. If this option is available to you it will be made clear during the order process. In this case the Products that you have ordered or reserved will be held by the British Council for you for a period of five days from the date of the Order Acknowledgement. If we have not received full payment from you by midnight GMT+8 on the 5th day we will no longer have those Products reserved for you. No contract will have been formed between you and the British Council until the British Council has sent you the Order Confirmation. 

3.6  Any discount (by discount code or otherwise) is personal to you and cannot be transferred.  You will only be permitted to use one discount per purchase and any refund made to you will not include the value of the discount.  Discounts will expire three months from the date of issue unless otherwise stated by the British Council.  

4  Cancellation by the British Council

4.1  The British Council may cancel the Contract by giving you notice in writing (whether by email or otherwise) for any reason at any time prior to the Start Date.  If the British Council cancels the Contract pursuant to this clause 4.1 it will refund the price paid by you for the relevant Product.

4.2  The British Council may also cancel the Contract at any time, without liability to you if:

       (a)   you breach these Terms (but not if it’s a trivial breach); or

       (b)   the British Council is unable to provide the relevant Product in full due to a reason beyond its reasonable control.

4.3  If the British Council cancels the Contract under clause 4.2(a) the British Council will be entitled to retain (or be paid the balance of, as the case may be) the price paid by you in full. 

4.4  If the British Council cancels the Contract under clause 4.2(b) you will be entitled to choose either: (i) to receive a full refund of the price paid; or (ii) (subject to availability) to choose a new test date of the equivalent Product. You must notify the British Council in writing (see the Contact Us Page for the relevant contact details), of your preferred option within fourteen (14) calendar days from you being notified by the British Council that the relevant Product has been cancelled. If we do not hear from you in the specified time period we will refund the sum due to you. 

5  Cancellation by you

Cancellation within the 14 day cancellation period

Please see the product pages in the Online Shop for further details about whether the Products you have ordered are goods, services, digital content or deemed to be leisure activities (i.e. tickets for conferences or other events) and what cancellation rights apply to particular Products.

Please note, as the British Council incurs expense in making an exam/test available to you, you will not be permitted to cancel a Contract for an exam/test less than 3 calendar days before the Start Date. Cancellations less than 5 weeks before the Start Date will not be entitled for any refund, unless it is under exceptional circumstances. 

5.1  You have a legal right to cancel the Contract for any reason (including if you change your mind) during the Cancellation Period except that this right to cancel will not apply if:

(a)  the Product consists of admission (by ticket or otherwise) to a conference, seminar or other cultural event on a specific date or dates;

(b)  the Product includes an exam/test and you try to cancel less than 3 calendar days prior to the Start Date of the exam; 

(c)  the Products are goods that been made to your specification or personalised or if you have opened the packaging of goods that are sealed audio, video or computer software; or

(d) the Products are services or digital content and the services are fully performed or you have activated the link to access or download digital content (see clause 5.9 below).

5.2  If your order is for exam/test, the Cancellation Period will be the period after the day on which you receive your Order Confirmation and 5 weeks before the test date.

5.4  To exercise the right to cancel, you must inform the British Council of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post or an email - see the Contact Us Page for the relevant contact details).  You may use the model cancellation form (see Annex A), but this is not compulsory.

5.5  To meet the cancellation deadline, it is sufficient for you to send your cancellation statement before the Cancellation Period has ended.

Effect of cancellation

5.6  If you have a right to cancel, and do cancel, the Contract within the Cancellation Period, the British Council will deduct an administrative fee then reimburse to you the remaining amount of payments received from you in respect of the relevant Products subject to the following:

(a)  if you cancel an order for goods, you must return the goods to the British Council (see the Contact Us Page for the relevant contact details). The cost of returning the goods must be paid by you (except if the goods are faulty – see clause 5.11). You must send the British Council the goods without undue delay and, in any event, within 14 days of telling the British Council you wish to end the Contract. otherwise the British Council may refuse to reimburse you;

(b)  if any goods returned to the British Council have been used or damaged, the British Council may deduct an amount equal to the loss in value of the goods.  In some cases, the amount deducted may be equal to the full price of the goods; and

(c)  the British Council will not be required to reimburse any additional sum charged to you for a more expensive method of delivery than the standard delivery method offered by the British Council.

5.7  The British Council will make the repayment without undue delay, and not later than 8 weeks after it is informed about your decision to cancel the Contract or, if your order is for goods, 8 weeks after the day on which it receives the goods from you (or, if earlier, the day on which you provide the British Council with evidence that you have sent the goods back to it).

5.8  The British Council will make the repayment using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the repayment.  

Supply of services or digital content during the cancellation period

5.9  During the order process, you will be asked to consent to the British Council cancellation policy and acknowledge the following:

(a)  in the case of a Product that consists of services, if you access that Product during the cancellation period,  you acknowledge that you are expressly requesting a place on or access to the Product to begin during the cancellation period and if you subsequently cancel the Contract, you will be required to pay the British Council an amount which is proportionate to the services that the British Council has performed in providing the relevant Product up until you have informed the British Council of your wish to cancel the Contract. You have no right to cancel after accessing the Product in full; and

(b)  in the case of a Product that is digital content, you will lose your right to cancellation at the point you activate the link to access or start downloading the digital content.

Cancellation after the cancellation period

5.10  After the Cancellation Period has expired, you have no automatic right to cancel the Contract.  Any cancellation of the Contract after this period will need the British Council’s approval – please contact the British Council (see the Contact Us Page for the relevant contact details) to explain why you would like to cancel the Contract and to see if the British Council will accept the cancellation. 

Your rights in respect of faulty Products

5.11  The British Council is under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described - you may have a legal right to end the Contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back). These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office or local equivalent.

6  Use of the Products by you

6.1  Details of how you can access your Products will be provided in the Product descriptions as part of the order process and sent to you either as part of the Order Confirmation or separately by email or other electronic notification.  

6.2  The Products are supplied for your personal domestic and private use only. You agree not to use the Products for any commercial, business or resale purposes.

6.3  Any key code or other access code is personal to you, cannot be transferred and will expire 6 months from issue unless the product description during the order process states otherwise.

7  Changes to the Products or Start Date

7.1  The British Council will ensure that each Product is delivered in all material respects as described in the Online Shop or otherwise. However, the British Council will be entitled to make variations to the content and delivery of a Product where those variations do not alter the Product materially.  The British Council may update, or require you to, update digital content to implement such changes. 

7.2  The British Council expects you to take reasonable care to satisfy yourself that the Products will meet your needs. The British Council does not guarantee that you will obtain any particular result from your use of the Products. 

Transferring to another course 

7.3  In relation to face to face courses only, if you wish to transfer to a different course after you have begun the course ordered because you believe that the level of the course you have begun is not appropriate for you, please contact the British Council and explain this.  Where the British Council agrees that the level of the course you have begun is not appropriate for you, the British Council will use its reasonable efforts to transfer you to a different course (subject to availability) at no additional charge.

7.4  If the course you have purchased is delivered online you may be able to transfer the dates you have agreed for the course. Please contact the British Council to discuss this. 

8  Data protection 

8.1  All British Council Entities protect personal information in accordance with UK Data Protection Legislation and any local equivalent law if this is stronger.

8.2  The UK Data Protection Act works in two main ways.  It gives individuals rights over how their personal information is used and sets out rules for organisations that handle personal information.

8.3  The British Council Entities:

(a)  may use the personal information that you provide: 

     (i)  to organise and administer the specific Product you have selected including but not limited to facilitating your payment for the relevant Product through the Payment Processor;

    (ii)  to send you information regarding activities, courses, seminars and events organised by the British Council Entities electronically or in any other form, provided that you have not opted out of this;

    (iii)  to request your opinion of the British Council Entities’ products and services, provided you have not opted out of this; and 

    (iv)  for research purposes provided you have not opted out of this;

(b)  will protect the personal information it is given and make sure that only those who need access to the personal information are able to access it; and

(c)  will only share the information with the British Council Entities, with the Payment Processor or with other organisations where such sharing is necessary for a fair and lawful purpose or where the individual’s consent has been obtained.

8.4  You should be aware that the British Council Entities will only hold data (including any data about you or any person under 18 on whose behalf you order any Products) where it is strictly necessary for the purposes in clause 8.3 above.

Accessing your personal information

8.5  Under the UK Data Protection Act any individual has the general right to ask for a copy of the personal information held about them. This means that you can ask for the information that the UK Charity holds about you; this is known as ‘the right of access’.  When making a request you will need to give us:

(a)  a request in writing, 

(b)  proof of your identity and your address; and 

(c)  any information that the UK Charity reasonably needs to process the request (for example details of offices or staff of any British Council Entities that you have had contact with and when) or any specific criteria which will help us provide a swift response.

8.6  The UK Charity will not start looking for your information until it has received all of the above.  In order to submit your request, or for help making a request, please contact the British Council (see the Contact Us Page for the relevant contact details). Although you should submit a request in writing, the British Council will be happy to speak to you about your request.

9  Equality, diversity and inclusion

9.1  The British Council seeks to ensure equal opportunities are provided to all individuals.

9.2  If you have a disability or special need, the British Council will make reasonable adjustments to make sure that you have, as far as is reasonable, the same access to everything that is involved in participating on the relevant Product as a person without a disability or special need.

9.3  Please provide the British Council with details of your disability and special needs as soon as possible (ideally at least 8 weeks before the relevant Start Date). 

10  Child protection

10.1  The British Council believes that all children have potential and that every child matters – everywhere in the world.  The British Council affirms the position that all children have the right to be protected from all forms of abuse as set out in article 19, UN Convention on the Rights of the Child.

11  Your obligations

11.1  You must: 

(a)  at all times behave with honesty, integrity and show courtesy, consideration and respect to others when accessing the Products (in person or online); 

(b)  prepare for the Product as reasonably required by the British Council; 

(c)  attend or otherwise access all sessions and other activities which form part of the Product (subject to absence for medical or other agreed reasons) and participate fully in group work when required; and 

(d)  respect the confidentiality of all information that you acquire in connection with the Product.

11.2  The British Council reserves the right to refuse admission or deny you access to, any Product (including requiring you to leave any venue where Face to Face Content is delivered) if your behaviour is considered disruptive, likely to cause damage, nuisance, offence or injury, is in breach of venue rules and regulations, the Terms or, if applicable, the Terms of Use of Digital Content or the Privacy Policy, or is otherwise unacceptable.  The British Council may on occasion have to conduct security searches to ensure the safety of delegates, and/or the venue where Face to Face Content is delivered, (and you hereby consent to this).  The unauthorised use of photographic and recording equipment and any form of online duplication of any Product is prohibited (except for any copying permitted by the Terms and Conditions of Use of Digital Content).

12  Intellectual property

12.1  The copyright and all other intellectual property rights in all Materials shall remain the sole and exclusive property of the British Council and its licensors.  You undertake that you will not copy or permit the copying of Materials (except for any copying permitted by the Terms and Conditions of Use of Digital Content) or distribute any of these Materials via internet or intranet, or disclose or permit the disclosure or sell or hire the same to third parties.

12.2  The British Council agrees to grant to you a non-exclusive royalty free licence to use the relevant Materials for the purposes of your study and research in relation to the Product but not for commercial purposes.

13   The British Council’s liability to you

13.1  Nothing in the Terms shall limit or exclude the British Council’s liability (or the UK Charity’s liability) for death and/or personal injury caused by the negligence of the British Council or the UK Charity or any of their employees, agents or subcontractors, for fraudulent misrepresentation and any other liabilities which cannot as a matter of law be limited and/or excluded.

13.2  Subject to clause 13.1, the British Council and the UK Charity do not accept responsibility and expressly exclude liability for any loss or damage to your property that occurs where the British Council is delivering the Product in person or online. When accessing any Face to Face Content, you should take particular care not to leave any valuables (including mobile devices, tablets or laptops) unattended at any time.  

13.3  Subject to clause 13.1, the British Council and the UK Charity shall not under any circumstances whatsoever be liable to you (whether for breach of contract, negligence, breach of statutory duty or otherwise) for any:

(a)  losses that were not foreseeable to both you and the British Council and/or the UK Charity when the Contract was formed;

(b)  losses that were not caused by any breach on the part of the British Council; or

(c)  loss of profit, loss of business, business interruption or loss of business opportunity arising under or in connection with the Contract.

13.4  If defective digital content which the British Council has supplied damages a device or digital content belonging to you and this is caused by the British Council’s failure to use reasonable care and skill the British Council will either repair the damage or pay you compensation for the damage caused. However, the British Council will not be liable for damage which you could have avoided by following the British Council’s advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by the British Council.

13.5  Subject to clauses 13.1, 13.2, 13.3 and 13.4, the British Council's liability in connection with the Contract will be limited to the price paid by you for the Product(s) purchased under that Contract.

14  Other important terms

14.1  The British Council may transfer the Contract (in whole or in part), or subcontract or delegate the delivery of Product in any manner at its sole discretion to: (i) any separate entity controlled by the British Council or otherwise forms a part of the British Council group of entities; or (ii) any provider of outsourcing or third party services that is engaged under a service contract to provide services to the British Council.  

14.2  The Contract is personal to you and so you cannot transfer any or all of your rights or obligations under these Terms to another person without the prior written consent of the British Council.

14.3  The British Council intends to rely upon these Terms as being the entire Contract between you and the British Council in relation to the relevant Product. To avoid any misunderstandings about the content of the Contract, please make sure that you ask for any changes, or additions, to the terms of the Contract be put in writing by a British Council representative.

14.4  If the British Council does not insist immediately that you do anything you are required to do under these Terms, or if the British Council delays in taking steps against you in respect of you breaching this Contract, that will not mean that you do not have to do those things and it will not prevent the British Council taking steps against you at a later date. 

14.5  Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

14.6  The British Council will always honour any mandatory laws (including any mandatory consumer protections) that apply in the country where you are normally resident. Subject to this and the Special Terms and Conditions (Part 4) the laws of England apply to the Contract and any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims). For the avoidance of doubt, this Contract is deemed to have been formed in England unless the Special Terms and Conditions state otherwise.

14.7  The British Council hopes to make your experience of dealing with the British Council an excellent one and welcomes your comments, suggestions and details of satisfaction or dissatisfaction.  If you have any comments or complaints in relation to the Contract, please refer to the Complaints Page (see the definition of “Complaints Page” for further details) and follow the procedure set out there. In addition, please note that disputes may be submitted to the European Commission online dispute resolution platform for online resolution by an independent body (without having to go to court). 

14.8  If a complaint, dispute or claim is not successfully resolved through discussions between you and the British Council or through the European Commission online dispute resolution platform, the courts of England will have non-exclusive jurisdiction over any claim arising from, or related to, the Contract.  This means that all claims relating to the Contract can be settled by a judge (or a number of judges) in an English court but you or the British Council may, alternatively, bring proceedings in your country of residence or any other relevant country.

14.9  The British Council may contact you or provide a notice referred to in this Contract through the Online Shop or by sending you an email to the nominated email address provided by you during the order process.

15  Contacting the British Council

15.1  If you have any questions, comments or enquiries about the Contract or a Product, please contact the British Council by using the contact details on the Contact Us Page (see the definition of “Contact Us Page” for further details).

 

PART 3: 

TERMS AND CONDITIONS OF USE OF DIGITAL CONTENT: 

1  Terms of use. 

The following terms apply to you if you have purchased any Digital Content.

1.1   As the Digital Content will be provided through a third party web browser (such as Internet Explorer, Chrome and Firefox), you should also read the terms of use and privacy policy that apply to your use of that web browser. 

1.2  The British Council is the owner or the licensee of all intellectual property rights in the Digital Content and in the design, structure, ‘look and feel’ and the arrangement of the Digital Content.

1.3  On payment of the price for the Digital Content, the British Council hereby grants you a non-exclusive, non-transferable licence to access and use the Digital Content in accordance with these Terms and Conditions of Use of Digital Content only.

1.4  You agree not to:

       (a)  provide access to the Digital Content to any other individual or legal entity;

       (b)  disrupt, interfere with or restrict the use of the services provided by the British Council;

       (c)  upload or display any comments or materials through your participation in the Digital Content which are false, offensive, sexually explicit, defamatory, threatening, obscene or unlawful or which infringe intellectual property rights;

       (d)  probe, scan or test the vulnerability of the Digital Content or attempt to circumvent or hack any user authentication or security controls in respect of the Digital Content;

       (e)  reverse compile, disassemble, reverse engineer, decompile, copy, duplicate, modify or adapt any software or other code or scripts forming part of the Digital Content (except to the extent permitted by law) or attempt to transmit to or via the Digital Content any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;

       (f)  change, modify, delete, interfere with or misuse any files or other data created, owned or provided by the British Council or any third party provided as part of the Digital Content (except as expressly permitted under these Terms and Conditions of Use of Digital Content); or

      (g)  use the Digital Content in contravention of any applicable law.

1.5  We will use reasonable endeavours to make the Digital Content available at the date and time agreed on your Order Confirmation. However, owing to the nature of the internet, the British Council does not and cannot guarantee that your use of the Digital Content will be uninterrupted or error-free.  The British Council is not 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 Digital Content may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

1.6  You are responsible for ensuring you have in place all hardware, software and telecommunications necessary to use the Digital Content and will be responsible for all related charges, including the fees of internet service providers.

1.7  The British Council encourages freedom of expression, but the views expressed by individuals through the Digital Content may not represent the views of the British Council. 

 

PART 4: 

SPECIAL TERMS AND CONDITIONS:

The following Special Terms and Conditions apply to the Contract and form a legally binding part of the Terms.

In the case of contracts entered into by any of the British Council entities with end consumers which are normally resident in Malaysia:

1.  In Malaysia, the British Council operates as a branch of the British Council and is registered in the Companies Commission of Malaysia (SSM) and the Ministry of Education. The company registration number is 200902000059 (995232-A) and its registered office is located at Ground Floor, West Block, Wisma Golden Eagle Realty, 142C Jalan Ampang, 50450 Kuala Lumpur. Tel: +603 2723 7900. The contact email is: info@britishcouncil.org.my.

2.  Notwithstanding section 14.6 of PART 2: THE GENERAL TERMS AND CONDITIONS, the laws of Malaysia will apply to the Contract and any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims). For the avoidance of doubt, this Contract will be deemed to have been formed in Malaysia. 

3.  Notwithstanding section 14.8 of PART 2: THE GENERAL TERMS AND CONDITIONS, PART 5, in those cases in which the Contract is entered into by the British Council entity detailed under section 10.2 of the PART 5: ADDITIONAL TERMS AND CONDITIONS, if a complaint, dispute or claim is not successfully resolved through discussions between you and the British Council, the courts of Malaysia will have jurisdiction over any claim arising from, or related to, the Contract.  This means that all claims relating to the Contract will be settled by a judge (or a number of judges) in a Malaysian court; you may bring proceedings in your place of residence or any other relevant place, according to applicable local laws.

4.  With regards to data protection, the following will apply:

     (a)  We process data for the following purposes:

     (b)  The administration of Aptis exams, including registration, payment and exam session and evaluation; communication with the candidate, or their parent/guardian if candidate is under 18, about exam-related matters. We will keep data used for these purposes for a period of five years.

     (c)  To manage special needs requirements. The candidate, or their parent if candidate is under 18, can voluntarily provide medical evidence about the test taker that will allow us to make suitable exam arrangements on the day of the examination, such as adapted systems or modified materials. We will keep this information until the exam results are issued.

     (d)  On some occasions, we will also use your personal information to conduct surveys about customer satisfaction in relation to the service provided.

     (e)  The British Council Assessment Research Group (ARG) may occasionally use voice recordings from listening tests and written test responses to conduct research, review the performance of assessment products or design new assessment products. These recordings could be used by individuals or organisations working in collaboration with the British Council in the research of English level assessment methodology. For this analysis, we may record the date and country of origin of the recordings, but will not associate your name, date of birth or any other form of personal identification with these recordings. In line with our corporate retention schedule, we may keep these recordings for up to 10 years.

    (f)  We will also keep you informed, if you have so requested, about our products, activities and services. We will remove your information from our marketing lists if you wish to unsubscribe from them. 

   (g)  Lawful basis for the processing of personal data:

   (h)  Our lawful basis for using your information in connection with processing your registration and delivering the exam, including any service related communications, is that it is necessary to perform the contracted service. If you choose not to provide any of the requested information, this may have an impact on the provision of the service.

   (i)  We will only use your medical information about special needs to make suitable exam arrangements based on your specific consent, or the consent of the parent if the test taker is under 18 years old.

   (j)  We rely on our legitimate interest for the following treatments: conduct of satisfaction surveys, in order to improve our product offer; the analysis, always anonymously, of the exams already carried out, for the development and continuous improvement of our products; and finally, for the investigation of cases, possible or proven, of malpractice during the exam.

   (k) We will process your personal information to send you information about our products, events and services based on your consent by ticking the appropriate box on the registration process. 

   (l)  Recipients of your personal data: 

   (m)  British Council main establishment, for purposes exclusively related with our activity. You can find detailed information about our data protection policy in our corporate web www.britishcouncil.org/privacy

   (n)  Occasionally, data of candidates and their test results may be shared with those Universities/Government they are students/employees of, for the Universities’ own academic purposes/Government’s own administration purposes. 

   (o)  Third parties providing services related with administrative and examination processes (registration and information management systems, financial management) with local and global contracts as Processors.

   (p)  Third parties providing email marketing services, with global contract as Processors.

   (q)  We use standard model contract clauses to ensure that the adequacy of personal data transferred internationally meets with General Data Protection Regulation (GDPR) requirements

   (r)  Your rights when you provide your data:

   (s)  You have the right to access your personal data; to request the rectification of inaccurate data and, to request erasure when the data are no longer necessary for the purposes for which it was collected. You may also request the restriction of processing or object to the processing of your data. 

   (t)  You are also entitled to withdrawing your consent at any time for any of the purposes for which you were asked to provide consent, taking into account that this shall not affect the lawfulness of the processing based on your consent prior to your withdrawal. 

   (u)  You can exercise your rights by contacting us at info@britishcouncil.org.my, including some form of identity proof. We have a period of thirty days to address your request. 

 

PART 5: 

ADDITIONAL TERMS AND CONDITIONS:

The following Additional Terms and Conditions apply to the Contract and form a legally binding part of the Terms.

The following terms apply if the Product that you are purchasing is a registration to an Aptis test in Malaysia:

By registering for an Aptis test, you confirm that you have read and accept the Terms and Conditions set out in this document and that your personal data may be used for the purposes set forth in the Data Protection Notice.

The Additional Terms and Conditions contain important information, including the details of:

  • Provisions relating to the day of examination.
  • What you can take to the exam room.
  • The rules you must follow.
  • Security of the exam.
  • The process of results.
  • The cancellation processes.
  • How we use your information.

By completing the registration for the Aptis test you confirm that you have read and understood the terms and conditions of the Aptis test and agree to its compliance.

1  Registration

1.1  The Online Store pages will guide you through the steps you must follow to sign up for an Aptis test. The order process allows you to verify and correct any errors before sending your order. Read carefully and check your registration at each stage of the online registration process.

1.2  Aptis registration is personal and non-transferable.

1.3  Registration to an Aptis test in Malaysia can be made directly by the Test Taker, or through an Agent/Partner, preparation centre or University (from now on, Preparation centre), duly authorised by the British Council (from now on, Examining centre).

1.4  Registration to an Aptis General, For Teachers or Advanced exam in Malaysia is recommended for candidates with a minimum age of 16 at the time of the test session The British Council reserves the right to cancel any entry made by/on behalf of a Test Taker of less than 16 years old.

1.5  In compliance with our Child Protection Policy, when you register for an Aptis exam through the Online Store, you will be required to confirm that the Test Taker is at least of 18 years of age. If the Test Taker is a minor, it will be mandatory to record on the registration form the parent / legal guardian contact details. Likewise, it will be mandatory to complete the corresponding consent form “Authorisation for the release of minors without adult accompaniment”.

1.6  Once you have completed the registration, you will receive an Order Acknowledgement.

1.7  Once the Payment Processor receives a legitimate payment for the Products from your designated bank account, an Order Confirmation will be emailed to you.

1.8  All prices for Products offered through the Online Shop will be displayed on the Online Shop. All prices quoted include applicable taxes and charges incurred by the British Council for use of debit or credit cards unless otherwise stated. You may incur additional charges for the use of debit or credit cards from your provider and such charges are in addition to the advertised price. Prices may change from time to time, but this will not affect any order which has been confirmed by an Order Confirmation.

1.9  The price of the APTIS exam shown in the Online Store is SST-free.

2  Aptis in Malaysia: Cancellation And Refund Policy

2.1  COMMUNICATION AND ADMINISTRATION OF CANCELLATIONS AND REFUNDS

2.1.1  The Test Taker must communicate a request for cancellation or refund to the British Council examining session ONLY if registered individually online. In this case, the British Council will administer the cancellation and, if applicable, process a refund in accordance with the deadlines and conditions established in the General Cancellation and Return Policy of the British Council (see point 2.2).

2.1.2  If the Test Taker has been registered to the exam by a Preparation Centre or Agent, the request for cancellation should be informed to the British Council by the said Centre. Should this be the case, the British Council examining centre will process cancellation with the Preparation Centre, according to the deadlines and conditions established in the General Cancellation and Return Policy of the British Council (see point 2.2). It will be the Preparation Centre responsibility to make effective final refund to the Test Taker, if applicable.

2.2  APTIS CANCELLATION AND REFUND PROCESSING - GENERAL POLICY

2.2.1  If you cancel your online registration within 5 weeks after registration confirmation date, and prior to the test date, you will receive a refund of 75% of the total registration fee (administration costs will be deducted).

2.2.2  If you cancel your registration after this 5-week period, cancellation requests and reimbursement of the exam fee will be accepted under the following conditions ONLY:

  • serious medical conditions which prevent you from attending or performing normally on test day; as verified by a medical certificate from a qualified medical practitioner** (does not include minor illness such as a mild cold)
  • recent family bereavement
  • hardship/trauma – victim of crime, victim of a traffic accident
  • other forms of significant hardship
  • compulsory military service

2.2.3  You will be required to email, within 7 days after the test date, the following support documentation:

  • Medical certificate issued by a qualified practitioner. Please bear in mind that the medical evidence must justify your inability to take the test on the scheduled exam date.
  • Death certificate / Police report.

2.2.4  Please note that in the two above cases, reimbursements fee will be made for the amount of the exam fee paid by the Test Taker minus the administration costs, which will never exceed a 25% of the exam standard fee.

2.2.5  In all cases (2.1 and 2.2), the Test taker should attach to their cancellation request the relevant Refund form (download here), duly completed.

2.2.6  The British Council reserves the right not to accept registrations after the registration deadline. The British Council also reserves the right to cancel an exam if a minimum of 10 candidates is not reached. On this last case, exam fees will be either candidates will be offered an alternative exam date or refunded.

3.1  Special needs

3.2  The British Council aims to ensure that all candidates are treated in a fair and objective manner and that the optimal conditions for the examination are given. 

3.3  Candidates with special needs, such as modified versions of the test (Braille), auditory adaptations or others, should contact us at least two months before their exam date. It will also be required to provide with medical certificate issued within two years prior to the date of the examination which must meet the following requirements:

  • Be legible, written in English. 
  • Should state the name, qualification, collegiate number and signature of a professional practitioner. 
  • Offer a clear description of the candidate's circumstances.
  • Clearly explain how said circumstances justify the request for special conditions.

3.4  The British Council will not process any special arrangement if the support documentation is not provided by the deadline and according to the requirements listed above.

3.5  The candidate who has suffered a sudden medical emergency prior to the day of the exam (such as a broken arm, which prevents writing correctly), should notify the examining centre immediately, so that they can offer an alternative solution. If the emergency is not reported in advance, the British Council may not be able to arrange special circumstances on the day of the exam.

4  Test day regulations

4.1  The British Council will send session date information, including details of the test venue and session timetable, to the email provided by the candidate as part of the registration journey, approximately 3 days before the test date. If the candidate has registered through a preparation centre, this information will be sent to the contact email address provided by the preparation centre. If you do not receive this information in this period of time, you should contact immediately your examining centre. If you do not show up for the exam because you did not receive the aforementioned email, and this was not reported to your exam centre, you will lose the right to request a refund of fees.

4.2  In the case of registered candidates during 3 days prior to the exam, the British Council will send the schedule and venue information as soon as possible, before the day of the exam.

4.3  Candidates should arrive at least 45 minutes before the start of the exam. Candidates who arrive late may be denied admission to the exam.

4.4  Candidates must show their official, original and valid identity document (which must include a recent photo):

  • National Identity card (for Malaysians only)
  • Or Passport (for non-Malaysians)

4.5  Candidates are also required to bring a photocopy of the ID document provided.

4.6  Candidates who do not bring an official, original and valid identification document will not be able to take the exam and will not have the right to request a refund of fees.

4.7  Also, candidates under 18 years of age will be required to bring a signed consent by the parent or legal guardian in order to leave the examination center upon completion of the examination. You will find the consent form download here.

4.8  We recommend that candidates not to bring any non-essential material to the exam. We remind you that electronic devices, including mobile phones, smart watches, digital recorders, tablets, cameras, etc, are prohibited in the test room. 

4.9  Candidates’ personal belongings will be left in a designated area, and candidates will not be able to access to them until the end of the exam. The British Council will not be responsible for any loss or damage of personal effects that are not under candidates’ supervision during the examination.

4.10  In the event that, during the exam, an incident occurs that you consider may have affected your work, you must inform the Supervisor / Invigilator of the exam before you leave the premises. In addition, candidate should have to contact the British Council examining centre in writing within 12 hours after the exam.

4.11  At the end of the exam you should leave all the exam material in the room. Any candidate who tries to extract any material from the examination room will not receive an Aptis Test Report Form. 

4.12  Candidates must behave according to the rules of the day of the Aptis exam. Smoking and / or eating inside the examination room is strictly prohibited. The British Council reserves the right to request candidates who do not show a proper conduct to leave the examination room.

4.13  All components of the examination must be done on the specified date; it is not possible to sit for a component in one session and the rest in another date.

5  Malpractice

5.1  Candidates must not engage in any form of malpractice that could damage the integrity and / or safety of the Aptis exam. Malpractice includes, but is not limited to, the following aspects:

5.2  Try to copy in any way, including using notes of any kind or on any device.

5.3  Help another candidate to copy.

5.4  Impersonate another candidate or have another candidate impersonate you.

5.5  Copy the work of another candidate.

5.6  Interrupting the test in any way.

5.7  Playback all or part of the exam in any medium. (see 5.2)

5.8  Alter the data contained in the "Test Report Form".

5.9  Candidates involved in any type of malpractice will not be allowed to complete the exam.

5.10  Also, by registering for an Aptis exam, you accept to provide any additional ID, personal or contact information as required by the Supervisor at the test venue, or by any British Council examining centre in Malaysia, in order to confirm your identification, both on the Test date and/or after it, including taking photographs for identification purposes if required.

5.11  Candidates who are found to have been involved in malpractice once the results have been published will have their results cancelled and will not receive a Test Report Form.

5.12  It is strictly prohibited to share any test material or content, either inside or outside the exam venue. This includes all texts, questions and themes from any section of the text, for any test version and in any format. 

5.13  Candidates sharing any of the exam material or content in any public context to others – i.e. through social media as Facebook, WhatsApp or similar, – will have their results cancelled and may be banned from registering in future exam sessions.

6  Results

6.1  Test results for the candidates registered individually to an Aptis exam will be available 7 working days after the exam date and will be sent by email to the address specified on the online registration form. The score for each skill will appear both numerically and graphically, expressed in accordance with the Common European Framework.

6.2  In the case of candidates registered by a preparation centre, the results will be available within the same period (7 working days) and will be sent by e-mail.

6.3  We carry out exhaustive quality controls before the publication of results. However, the British Council does not offer an enquiry on result service to either individual Test Takers or Preparation Centres

6.4  The copyright of all Aptis exam materials is the property of the British Council. The British Council does not allow candidates, centres or institutions to see or review the answers of the marked exams or the materials used.

6.5  Results may not be available within 7 working days after the exam in the event that the British Council decides that a revision or investigation of any aspect associated with the exam is required, including registration, exam administration or suspected malpractice. Any result could be withheld if an irregularity is found. In exceptional, the British Council reserves the right to request a candidate to repeat any of the components of the test.

7  Test Report Form

The following rules will apply to the issuing and posting of Aptis test certificates (Test Report Form)

7.1  The Test Report Form courier delivery is an additional service and requires additional subscription by the test taker, the British Council examination centre will deliver to the postal service the Aptis test certificate (Test Report Form) of those Test Takers registered individually within 7 days after the results publication date. The British Council exam centre will inform individually to Test Takers about the posting arrangements as part of the confirmation of schedule email.

7.2  For candidates and Test Report Form courier delivery registered by a preparation centre, Test Report forms will be delivered to the postal service within the same period, but Reports will be sent in bulk to the preparation centre, which will be responsible for distribution to Test Takers. The British Council examination centre will inform the Preparation centre about the posting arrangements as part of the confirmation of schedule email.

7.3  Test Takers will receive a single original of their Test Report Form. We recommend Test Takers not to send this original to any requester institution.

7.4  The British Council examination centre will manage potential requests for Test Report Form alternative dispatch methods on individual basis and will pass on the Test Taker the full cost that alternative shipping method entails.

7.5  The following rules will apply to the issuing and posting of Aptis Test Report Form duplicates:

  • Test Takers may request a duplicate of their Test Report Form for their personal use.
  • Test Takers may request a second duplicate – exclusively – for direct posting from the British Council examining centre to a requesting institution. Applications for such duplicates must include written evidence from the requesting institution. Additional cost (MYR 20) will be applied to the issuance of the duplicate; however, shipment, which will be made exclusively by postal service and to the requesting institution address provided by the Test Taker only, will have a cost of courier, the courier cost subject to the receiving organisation location.
  • In all cases, applications for duplicates will be accepted within the two years following the date of issue of the original TRF.
  • In all cases, duplicates will not be issued by the British Council examination centre until the Test Taker or preparation centre duly accredits receipt of the original TRF.

8  Suggestions and Complaints

8.1  You must send all comments concerning the exam to the supervisor or exam administrator immediately after the exam. Also, candidates must send these comments in writing by email to the British Council exam centre within 12 hours after the end of the test. The British Council will acknowledge receipt of your comment or claim within three days. Alternatively, candidates can also send their comments to this email address: info@britishcouncil.org.my within 12 hours after the end of the test.

8.2  Claims received after the results have been released will not be considered.

9  Limitation of Liability 

9.1  The British Council and the Examination Boards will take all necessary measures to provide a continuous service. We hope you understand, however, that we cannot be held responsible for interruptions caused by circumstances beyond our control.

9.2  If the Test Day event or the results publication process are interrupted, cancelled or delayed, we will put all our effort into resuming normal service as soon as possible. The responsibility of the British Council will be limited to reimbursement of registration fees or postponement or change of exam date. The decision in this regard is at the discretion of the British Council.

9.3  It is the responsibility of the Test Taker / Preparation centre to provide full and correct candidate and test day information as part of the registration process. The British Council will not be responsible for delays or losses in the receipt of exam documentation resulting from incorrect or incomplete communication of relevant information by Test Takers or Preparation centres. Likewise, the British Council will not be responsible for delays or loss of documentation attributable to external suppliers, such as postal service or courier companies.