Cambridge Boxhill Language Assessment Pty Ltd (ACN 159 885 257), a venture between Cambridge Assessment English and Box Hill Institute (referred to as CBLA, OET, we, us or our) is the owner and operator of the OET website (https://www.oet.com) (Website).
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 CBLA (OET Content) or any User Content; and
- uploading User Content to the Website and communicating with OET,
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.
OET 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.
Changes to the Website
OET 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.
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 OET’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).
Termination of Use
OET 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). OET 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.
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 OET and have the necessary capacity to enter into a binding legal contract. If OET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OET 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.
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 OET 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. OET 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.
OET Content
The Website is owned and operated by or on behalf of OET. OET Content on the Website is for general information and promotional purposes only. OET 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, OET does not represent or warrant the accuracy or completeness of the OET Content and is not liable for any errors, omissions or defects. Any use of the OET 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 Content are owned or licensed by CBLA or any of its related entities. You must not copy, modify or transmit any part of the Website or OET Content.
The Website may contain trade marks, logos and trade names of OET, CBLA or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.
OET 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 OET’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 OET’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 Content, OET’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 Content.
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 OET 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 OET 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 OET 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 OET Content.
Online Commerce
The Website may allow you to purchase many different types of products and services online that are provided by OET (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/s/contactsupport to check the status of your order.
OET, 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 OET 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.
OET uses SecurePay and EWay 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 EWay’s security processes, please visit their website at https://www.eway.com.au/.
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.
Refunds
We do not offer any change-of-mind refunds.
In accordance with your rights under the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:
- a reasonable consumer would not have bought the goods if they had known about the problem;
- the goods are significantly different from the description, sample or demonstration model shown;
- the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
- the item is unsafe.
If an item has a minor problem, please contact OET 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.
Access and Communication
Subject to the consumer guarantees provided for in the ACL, OET 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.
OET 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 OET takes reasonable precautions to protect information transmitted via the Website, OET cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
OET 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.
Warranties, Consumer Guarantees and Limitation of Liability
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.
To the fullest extent permitted by law, the liability of OET for a breach of a non-excludable guarantee provided by the ACL is limited, at OET’s option, to:
- in the case of goods supplied or offered by us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services supplied or offered by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
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.
Subject to this section “Warranties, Consumer Guarantees and Limitation of Liability”, OET 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, OET Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
The maximum aggregate liability of OET for all proven losses, damages and claims arising out of or in connection with these Terms and Conditions 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 OET in connection with the subject matter of the particular dispute, or the sum of AUD$100, whichever is greater.
Indemnity
You will fully indemnify OET 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, that you may sustain in connection with any breach of these Terms and Conditions by you, your use of the Website or OET 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 OET.
Privacy
Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to OET is subject to and may be in accordance with OET’s Privacy Policy. The Privacy Policy may be used by OET and can be found at https://oet.com/privacy-policy. You agree that, by using the Website or communicating with OET, you have read the Privacy Policy, understood its contents and consented to its requirements.
Links
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).
Facebook, Twitter, Instagram, YouTube and other third party websites which are linked to the Website, are not covered by these Terms and Conditions, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. OET 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. OET is not responsible for and will not be liable in respect of any incorrect link to an external website.
You hereby release OET 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 OET encourages links to the Website by third parties, OET 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 OET.
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 OET (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. OET 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. OET is not responsible for and will not be liable in respect of any incorrect link to an external website.
Test Regulations
These Terms and Conditions incorporate the OET Test Regulations. By accepting these Terms and Conditions, candidates acknowledge that they have read, understood and accepted to be bound by the OET Test Regulations.
International Use
As this site can be accessed throughout Australia and overseas, OET does not represent that the OET 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.
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.
Governing Law and Jurisdiction
The Website (excluding linked websites) is controlled by OET from its offices within Melbourne, Victoria, Australia. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the content shall be governed by the laws of the State of Victoria and the laws of Australia, without regard to the conflict of laws principles thereof. You submit to the exclusive jurisdiction of the courts of that State of Victoria and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.
Contacting us
If you have questions about the Website or these Terms and Conditions, please contact us by visiting OET’s ‘Contact Us’ page and following the instructions provided.