You agree that when you proceed with your application for membership of NewUKtest via the NewUKtest website at NewUKtest.co.uk, NewUKtest.com, NewUKtest.net, NewUKtest.org, NewUKtest.org.uk, settlementtest.com, settlementtest.co.uk, settlementtest.net, settlementtest.org, or settlementtest.org.uk (the "Site") that a contract will be created between you and us on the terms set out below (the "Agreement"). References to "we", "our" and "us" are references to NewUKtest.

OUR OBLIGATIONS TO YOU

1. We shall provide you with access to our online UK Test simulation facility to aid you in passing the Life in the UK test.

1. You acknowledge and warrant to us that the details provided by you as part of your NewUKtest membership application process are correct.

2. Under NO circumstances whatsoever shall members distribute the courseware contained within this site. Any member found in breach of this term shall have their account suspended immediately.

3. In consideration of membership (of NewUKtest) you agree to:-

• comply with the terms of this Agreement; and


• employ adequate security measures in order to protect your personal log-in code from access by third parties and against unauthorised use.

1. The NewUKtest website, and material relating to testing information, products and services (or third party information, products and services), are provided 'as is' without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

2. We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that make it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

3. The purchase and use of these online practise questions does not guarantee that you will pass the UK Citizenship test, or succeed in obtaining UK Citizenship(The purpose of these questions are purely to assist in preparation for the UK Citizenship test.)

4. By purchasing a subscription for NewUKtest, you expressly agree that the use of these materials is for training purposes only and has no relationship to the outcome of your Life in the UK test.

5. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of, data, or profits, arising out of or in connection with the use of the NewUKtest website.

DATA PROTECTION

1. We recognise our responsibility in ensuring that your personal data is kept secure and confidential, and that the data will be processed fairly and lawfully.

2. No personal data is sold to, or shared with unauthorised third parties.

TERMINATION

1. This Agreement may be terminated at any time by either you or us serving at least one 1 weeks notice to the other party.

2. This Agreement may be terminated by us immediately if you commit a breach of any term of this Agreement.

3. This Agreement may be terminated immediately if you have become apparently insolvent, are unable to pay your debts or have committed an act of bankruptcy or called a meeting of or compounded or negotiated for any composition with or entered into any arrangement with your creditors or if a judicial factor, trustee, receiver or official assignee shall have been appointed over your estate.

4. In the event that this Agreement is terminated for whatever reason you acknowledge and agree that in the event of such termination, your membership with NewUKtest shall be automatically terminated.

5. Any termination of this Agreement pursuant to this Clause 5 shall be without prejudice to any other rights or remedies either you or us may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either you or us.

6. In the event that we terminate this Agreement, we reserve the right to prevent you from re-applying to become a member of NewUKtest.

LIMITATION OF LIABILITY

1. Neither we nor you exclude or limit our liability in respect of the death of, or personal injury caused to, any person by negligence, or for fraudulent misrepresentation by either you or us or any other liability which by law neither you or us can limit or exclude.

2. We shall not be liable to you for the following loss and damage (including costs and expenses relating to or arising out of such loss or damage) whether arising from contract, tort (including negligence) or otherwise and whether or not you have been advised of the possibility of such loss and damage: (i) any indirect or consequential loss, (ii) loss of, theft of or damage to your personal property, (iii) loss of money or savings, (iv) any delay in repairs to or work to be carried out in connection with your property, or (v) third party claims against you.

INDEMNITY

You shall indemnify us and hold us harmless against all claims, demands, actions, costs, expenses, losses and damages arising out of or caused by any failure by you to comply with the provisions of this Agreement.

COPYRIGHT

All rights, including copyright and database rights, in this site belong to or are licensed to us.

United Kingdom and international copyright and database right laws and treaties protect this site and all content on this site. © Copyright 2007 NewUKtest. All rights reserved.

Other product and company names and logos mentioned on this site may be the trade marks or registered trade marks of their respective owners.

You may not copy any part of this site, or carry out any other act which is protected by copyright or extract or re-utilise the whole or any substantive part (evaluated quantitatively and/or qualitatively) of the content of this site.

LINKING

You may, subject to the following conditions, provide a link to the Home page of this site: -

1. The right to link to this site is revocable by us and we reserve the right to prohibit any link and to employ measures, including technical measures, to remove any link;

2. Any link to this site must not be misleading or give the impression that we are associated with you or have approved or endorsed any internet site or equivalent entity from which such link is made;

3. Any such link must indicate NewUKtest or www.NewUKtest.co.uk as the destination of the link and must not use any of our logos or other proprietary graphic or trade marks without our prior written consent; and

4. You may not use framing or deep linking to this site without our prior written consent.

WAIVER AND ENFORCEMENT

1. Failure by us to take action in respect of a breach by you of these conditions shall not prevent us from taking future action in respect of the same breach or any other breach by you of these conditions, unless we agree to the contrary in writing.

2. If any of these conditions is held to be unenforceable it will not affect the validity and enforceability of the remaining conditions.

GENERAL

1. Transfer and Sub-Contracting: This Agreement is personal to you only. Only we shall be entitled to assign, transfer, sub-contract or otherwise dispose of our rights under this Agreement or any part thereof to any third party.

2. Notices: Your name, address, email address and nationality shall be as given to us in your application for membership, our email address shall be enquiries@newuktest.co.uk. All notices to be given under this Agreement must be either in writing or by electronic mail and sent to the last notified address of the recipient, or any other address which the recipient may subsequently advise the other in writing or by electronic mail.

3. Severability: If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision eliminated; declaring that in the event of any such severance, we and you shall negotiate in good faith with a view to replacing the provisions so severed with legal and enforceable provisions that have similar economic and commercial effect to the provisions so severed.

4. Force Majeure: We shall not in any circumstances be liable to you for any loss of any kind whatsoever, including, but not limited to, any damages, whether directly or indirectly caused to or incurred by you by reason of any failure or delay in the performance of our obligations hereunder which is due to an event beyond our reasonable control ("Force Majeure Event"). Notwithstanding the foregoing, we shall use all reasonable endeavours to continue to perform, or resume performance of, such obligations hereunder for the duration of such Force Majeure Event.

5. Waiver: No waiver by us of any of the provisions of this Agreement shall be effective unless it is expressly stated to be a waiver and communicated by us to you in writing or by electronic mail. Subject to the foregoing sentence, no delay or failure by us in exercising or enforcing any of our rights or remedies under this Agreement will prejudice or restrict our rights, nor will any waiver of rights by us operate as a waiver of subsequent rights.

6. Law & Jurisdiction: This Agreement shall be considered as a contract made in England and according to the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English Courts, to which jurisdiction both we and you hereby irrevocably submit.

7. Third Party Rights: This Agreement does not create, and shall not be construed as creating, any right under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not party to it.

8. Modification: Any modification or variation to the terms of this Agreement shall only be valid if it is agreed in an exchange of electronic mail between you and us (or our respective duly authorised agents); declaring that we shall be entitled to provide for deemed acceptance by you in any such electronic mail by us concerning a proposed modification or variation (where such proposed modification or variation will be binding upon you if you do not respond to us to the contrary within a specified period of time).

9. Under NO circumstances whatsoever shall members distribute the courseware contained within this site. Any member found in breach of this term shall have their account suspended immediately.

10. Agency: Nothing in this Agreement shall be construed as creating a partnership, a contract of employment or a relationship of principal and agent between us and you or between us and any Business.

11. No part of the Website, including logos, graphics, or images, may reproduced or retransmitted in any way, or by any means, without the prior express written permission of NewUKtest. You also may not, without the prior express written permission from NewUKtest, "mirror" any Material contained on this Website on any other server.