Terms and conditions

The following terms and conditions apply to your use of all AQA's Websites. By accessing and viewing these Websites and using the on-line content and services you agree to be bound by these Terms and Conditions.

e-AQA users' attention is drawn, in particular, to section 8.

Events bookers’ attention is drawn, in particular, to section 9

Examiner Extranet users’ attention is drawn, in particular, to section 10.

The full Terms and Conditions apply to any and all use of AQA's websites.


1. Definitions

In these Terms and Conditions, unless inconsistent with the context or otherwise specified, the following definitions apply to words and expressions:

'AQA' means AQA Education, a registered charity (number 1073334) and a company limited by guarantee registered in England and Wales (number 3644723). Our registered address is AQA, Devas Street, Manchester M15 6EX.

'AQA Material' means any material or content in whatever format accessed or downloaded through the Websites.

'Centre' means school, college or other organisation that has been approved to offer AQA examinations.

'Centre Administrator' means the person, usually the Examinations Officer, who is authorised to manage access to e-AQA in a Centre and register additional users to use e-AQA.

'e-AQA' means the web pages which constitute the AQA Extranet, with secure access to AQA services.

'e-AQA helpdesk' means the contact at e-aqahelpdesk@aqa.org.uk and 0800 197 7162.

'Examiner Technical Contact Centre' means the contact at help@aqa.org.uk and 0800 197 7163.

'EEx' means AQA's Examiner Extranet.

'Examiner' means all of the following roles of appointment, Chair of Examiners, Chief Examiner, Principal Examiner, Principal Moderator, Assistant Principal Examiner, Assistant Principal Moderator, Team Leader Examiner, Team Leader Moderator, Examiner, Moderator, Reserve Examiner.

'Terms and Conditions' means these terms and conditions and any additional terms and conditions or disclaimers with reference to, or displayed on, AQA's Websites whether by hyperlink or otherwise.

'User' means each person accessing the Website(s). In the context of e-AQA, users means the Centre Administrator and other authorised staff at a Centre or at AQA with permission to access e-AQA. In the context of the EEx, user means Examiner.

'Website(s)' means the AQA Website(s) located at aqa.org.uk, or any subsequent or additional URL used by AQA from time to time, and includes all e-AQA web pages and services located at or through extranet.aqa.org.uk and all Examiner Extranet pages and services located at or through examiners.aqa.org.uk.

'Working Day' means any day other than Saturday or Sunday or any English Bank Holiday or other English national holiday.

'You/you' means the User accessing and using any of the Websites and (if any) the legal entity he/she represents during the course of employment or engagement by that entity.


2. General Principles

2.1. AQA's Websites are to provide information, AQA Materials and services. The AQA Materials, services and AQA's Websites are subject to availability.

Use of the Websites indicates your agreement to abide by these Terms and Conditions. If you do not wish to abide by these conditions, you may not and should not access or use these Websites.

Use of the AQA Event Booking Service is subject to the additional Event Booking Terms and Conditions

2.2. If you have any queries relating to the use of the AQA Websites, please contact the web team at digitalteam@aqa.org.uk, or other named contact.

2.3. AQA aims to provide a first-class Website service, and will seek to make continuous improvements in pursuit of that aim. AQA reserve the right to withdraw any services from the Websites and to edit or remove any information or content on the Websites at any time.


3. Revisions

AQA reserves the right to amend these Terms and Conditions at any time by publishing revisions on its Websites. Users are responsible for regularly reviewing information published on-line to obtain timely notice of such revisions. Users' continued use of the Websites after changes are published constitutes acceptance of these Terms and Conditions as modified by the published revisions.


4.1. All rights, including copyright, in the content on the Website(s) and in any AQA Materials are owned or controlled by AQA. In accessing AQA's Website(s) and/or any AQA Materials, you agree that you may only download the content for your own personal non-commercial use or that of your school or college or other educational institution or, in respect of Users of EEx, in your capacity as an AQA Examiner. You should read our Publications policy (which forms part of these Terms and Conditions) for more detail on permitted use of AQA Materials.

4.2. You are not permitted to adapt, alter, copy, print, broadcast, download, store (in any medium), transmit, loan, disassemble, decompile or otherwise reverse engineer, sell, show or play in public, adapt or change in any way the content on the Website(s) or any AQA Materials for any other purpose whatsoever without the prior written permission of the AQA (except in any instance where alternative information is given by AQA regarding the status of particular content). Any rights not expressly granted in these Terms and Conditions are hereby reserved. All Users of the Websites must be made aware of these restrictions.

Some documents are available as Word documents. Please note that you should always refer to the AQA Websites for the latest version of these documents to make sure that you are looking at the full correct content.

4.3. Requests to reproduce AQA material (including but not limited to any Website content or AQA Materials) must be made in the first instance by e-mail to copyright@aqa.org.uk. You should apply direct to the copyright holder, as indicated, for third-party extracts. AQA reserves the right to refuse copyright permission without explanation or to make a charge or impose constraints where permission is granted.


5. Disclaimer of Liability

5.2. AQA is not responsible for and will accept no liability for the content of external third party websites including (but not limited to) any such websites which are linked to from the Website(s).

5.3. AQA does not accept any liability for any loss of profits, loss of business or business opportunity, loss of goodwill or reputation, business interruption, loss or corruption of programs or data or any type of indirect or consequential loss whatsoever arising from your access to and use of this Websites and/or any AQA Materials.

5.3. In no event will AQA be liable for any losses or damages whatsoever arising out of, or in connection with, any unauthorised use of the Website(s) and/or AQA Materials.

5.4. No assurances are given that the pages of the Websites are free from infection from computer viruses, although AQA takes all reasonable steps to prevent such infection.

5.5. AQA will use reasonable endeavours to verify the accuracy of any information on the Websites and/or any AQA Materials but makes no representation or warranty of any kind, express or implied, statutory or otherwise regarding the contents, relevance or accuracy of the Websites or AQA Materials.

5.6. Although every effort is made to keep the Websites up and running smoothly, due to the nature of the internet and the technology involved, AQA takes no responsibility for and will not be liable for the Websites being temporarily unavailable due to technical issues (or otherwise) beyond its control, or for any loss or damage suffered as a result of the use of or access to, or inability to use or access the Websites whatsoever.

5.7. Nothing in these Terms and Conditions seeks to exclude or limit in any way AQA's potential liability:

  • for death or personal injury caused by AQA's negligence;
  • for fraud or fraudulent misrepresentation;
  • where you are acting as a consumer so as to adversely affect your statutory rights as a consumer; or
  • for any matter for which it would be illegal for AQA to exclude, or attempt to exclude, its liability.

6. Indemnity

You agree to fully indemnify and to keep AQA indemnified from and against any costs, claims, demands, expenses and liabilities suffered by AQA arising from or which are directly or indirectly related to your access to and/or use of the Websites or AQA Materials in breach of these Terms and Conditions and any such access and/or use by any person (including, without limitation, a User) who is authorised by and/or who represents you.


7. Applicable Law and Jurisdiction

7.1. These Terms and Conditions are governed and will be interpreted in accordance with English law.

7.2. The English courts shall have non-exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these Terms and Conditions.

7.3. If any part of the Terms and Conditions is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by applicable law.


8. e-AQA, the AQA Extranet (for use by AQA Registered Centres only)

General

8.1. AQA will make e-AQA available to Centres that have applied for registration, when the necessary security checks have been undertaken, which may require further communications between AQA and the Centre.

8.2. The e-AQA helpdesk will be available between 08 00 and 17 00, Monday to Friday on every Working Day. AQA will endeavour to respond to any e-mails or voice messages received outside these hours within the course of the next working day or at a time convenient to you.

8.3. e-AQA is intended to work on any W3C standards-compliant web browser. AQA is not responsible for the provision of a suitable computer, software, and internet access.

Access rights

8.4. The Centre Administrator will, by default, have access to all services offered through e-AQA.

8.5. Centre Administrators can register users to access e-AQA services for their Centre. Users must be authorised members of the teaching or administrative staff of the Centre.

8.6. Users shall comply with the Data Protection Act 1998 in relation to the handling and processing of any personal data accessed or made available through e-AQA.

8.7. Any services offered through e-AQA can be included or excluded by AQA from user's access rights.

8.8. It is the responsibility of the Centre Administrator to:

  • ensure and procure that only authorised staff from their own Centre have access to e-AQA
  • register users in accordance with the Centre's requirements and working practices
  • ensure that users have access only to the e-AQA services that are appropriate to the Centre's requirements and working practices
  • ensure that all users have seen and shall comply with these e-AQA Terms and Conditions and the AQA Website Terms and Conditions
  • de-register users as required, in particular when such users cease to be members of the teaching or administrative staff at the Centre
  • ensure the integrity of all data submitted
  • act as the first point of contact for all issues related to accessing e-AQA services

8.9. AQA reserves the right in its absolute discretion to refuse an application to register for, or to remove access to, e-AQA and to temporarily or indefinitely suspend any user.

8.10. The Centre is responsible for ensuring that users have sufficient skills to access the e-AQA services that have been made available to them.

8.11. Users agree not to use or permit another to use e-AQA:

  • to upload or post e-mail, transmit or otherwise make available any content that is unreliable and misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, infringes a third party's intellectual property rights, hateful, or racially, ethnically or otherwise considered by us in our absolute discretion to be objectionable or unlawful
  • to cause or introduce a software virus or other disruptive program
  • in any way that is not authorised by AQA or is in breach of the e-AQA or AQA Terms and Conditions.

8.12. Results are available on e-AQA from the agreed inter-Awarding Body date for the electronic publication of results (normally one day prior to Publication date) for each series under the same conditions as EDI. This is on the strict understanding that the results files and their contents remain confidential to the Head of the Centre and Examinations Office staff (including e-AQA Centre Administrators) at the centre and that the results will not be divulged to candidates, parents, teachers or other persons/bodies or put into the postal system until Publication day. The early provision of results is a special concession and the facility will be withdrawn for any centre which fails to maintain the confidentiality of results prior to the official date for their publication.

Availability

8.13. AQA shall use reasonable endeavours to ensure that e-AQA is available between 06 00 and midnight, seven days a week. However, it may occasionally be necessary for AQA to undertake tasks that require the temporary removal of e-AQA services, so availability cannot be guaranteed

Use of your username and password

Centre Administrators

8.14. In order to access and use secure areas of e-AQA, users require a log in ID and password. Centre Administrators will be able to access all information and services related to their Centre.

8.15. When registering users, Centre Administrators will be asked to choose a temporary log in ID and password to enable the new user to log in. The Centre Administrator is responsible for passing this initial log in information to the new user. Users will then have an opportunity to change these details to something more personally memorable at first log in to e-AQA.

Care of your username and password

8.16. It is the users' responsibility to ensure that their log in details remain confidential. In order to ensure this, users must:

  • take all reasonable steps to keep log in details secret
  • not allow anyone else to use the log in details
  • never write log in details down without disguising them so they are meaningful only to the user
  • change log in details to something that the user can remember
  • change log in details immediately if the user believes that such details are known to someone else
  • change log in details at regular intervals.

8.17. Users should, where possible, ensure that they log out of e-AQA when they have finished using e-AQA services. At no time should any user leave their computer whilst logged in to e-AQA. If use of e-AQA remains inactive for 30 minutes, then the session will automatically be terminated by AQA.

8.18. Any 'saved password' facility must be turned off.

8.19. AQA reserves the right to withdraw log in ID and passwords at any time without notice and in its sole discretion where AQA have reason to believe that such log in ID and password have been discovered and/or used by any person or organisation other than a user.

Payment of fees

8.20. There is currently no registration or on-going maintenance fee to use e-AQA. However, where it is indicated on e-AQA or the main AQA Websites that a charge is made for a service offered, AQA will raise an invoice to the registered Centre. Application for a chargeable on-line service commits a Centre to responsibility for making the appropriate payment(s). By accessing and using chargeable services via e-AQA, users shall be deemed to have the authority to request such services on behalf of the Centre.

8.21. These AQA Terms and Conditions, including the section specifically referring to e-AQA, must be accepted by the Centre Administrator in order for a Centre to be registered to use e-AQA. It is the responsibility of the Centre Administrator to ensure and procure that all additional users have seen and agree to comply with these Terms and Conditions in respect of access and use of e-AQA.

8.22. AQA reserves the right to amend these e-AQA Terms and Conditions at any time by publishing revisions on e-AQA. Users are responsible for reviewing regularly information published on-line to obtain timely notice of such revisions. Users' continued use of e-AQA after changes are published constitutes acceptance of these e-AQA Terms and Conditions as modified by the posted revisions.

8.23. AQA reserves the right to modify or withdraw e-AQA (or any part) at any time or terminate access to e-AQA (or any part) at any time.


9. Events

General

9.1. All events are intended for individuals acting in the course of their profession or trade and are not intended for any individual acting as a consumer.

9.2. All events are recorded for training and monitoring purposes.

9.3. Any examination material we use will relate to specimen or practice papers and mark schemes which will help teachers understand the examination requirements. The confidential content of future question papers will not be referred to at our events.

9.4. All intellectual property rights in any materials used in or provided during any event shall remain the property of AQA and you shall have no right or licence to use, adapt, copy or modify in any way such materials other than for non commercial purposes during the course of teaching.

9.5. If events are taking place at an AQA office delegates are asked to note that:

  • On-site parking is not available at AQA offices and delegates are advised to allow sufficient time
    to get to the event.
  • How to find AQA

9.6. Delegates are responsible for familiarising themselves with, and complying with, all health and safety requirements of the venue for any event.

Live online (Web) training

9.7. When booking a live online training event, you are agreeing that we can forward a delegate's email address to a trusted third party. They will only use it to send out a link for the live online training event and joining instructions. In booking you agree that we may record this online event and use recordings for training and quality purposes.

9.8. Some school or college firewalls may direct emails from unknown addresses to the SPAM box instead of the correct IN box. To ensure that you receive the joining instructions for your live online event, please ask your IT department to make sure that your inbox will accept emails from the following domain '@insetonline.co.uk'.

9.9. The computer you are using will need to have the most up to date version of Flash Player installed otherwise you will not be able to join the live online event.

9.10. Please note that one booking for an online training event gives access for one participant. Where multiple bookings are made by a centre, or more than one participant logs on to an event, AQA will charge for the actual number of participants logging on to the event.

In-school training

9.11. In-school training will be delivered in accordance with the In-school Support Guidance.

Dietary and special requirements

9.12. All our Face to face events will include tea/coffee and refreshments as standard. Please inform us of any special requirements (eg special diets or mobility issues), when booking. Meal arrangements always include a vegetarian option. We will try to meet all reasonable requests.

Booking confirmation

9.13. You will receive confirmation of your booking together with venue details within 1 hour of making your booking. If a venue is unknown at time of booking, this will be confirmed as soon as available.

9.14. All venues are subject to change.

9.15. A reminder will be sent 14 days prior to the event followed by a further SMS message (if you have requested this service) to remind you 48 hours prior.

9.16. For live online training events you will also receive joining instructions via email from our third party provider: Inset online.

Payment of delegate fees

9.17. For chargeable events, we will raise an invoice for the appropriate school/college where an AQA credit account exists.

9.18. Once you have reserved your place, your school/college is responsible for making appropriate payment(s).

9.20. All invoices must be paid within 30 days of the invoice date.

9.21. For those who don’t have an AQA credit account payment must be made online by card.

Postponements and cancellations by AQA

9.22. We reserve the right to re-schedule or cancel an event but will give you as much notice as reasonably possible in all the circumstances. We are not liable for any costs incurred by a delegate or their organisation:

  • when booking onto/attending an event
  • arising from cancellation/postponement
  • arising from misunderstanding of/inaccuracies in AQA information.

9.23. If we cancel an event, we will credit delegate fees.

Delegate booking amendments/cancellations

9.24. To cancel or amend a booking, we must receive your request either online via the customer portal or by phone at least 10 working days before the event. To cancel/transfer a booking after this time, please contact us on 0161 696 5994 or email us at events@aqa.org.uk.

9.25. Credits are not given for bookings cancelled or transferred less than 10 working days from the event.   Where a booking is cancelled or amended at least 10 working days before the event, for those Centers with an AQA credit account the relevant amount will be credited to the account and credit note dispatched within 5 working days. Those without a credit account and, who paid by card, a refund will be made to the same card within 5 working Days of the cancellation or amendment.

9.26. To transfer from one event/session to another, you need to cancel the original booking and make a new one. Credits are not given for original bookings cancelled or transferred less than 10 working days of the event.

9.27. If you have moved school/college, please update this information online.

9.28. If registered as a Manager user in centre you can update centre contact details as long as you have third party permission from the individual to do so.


10. Examiner Extranet

General

10.1. EEx is to provide information and services which support your appointment as an Examiner. The services and AQA's Websites are subject to availability.

10.2. Please contact AQA, as a matter of urgency, if we have provided you with any information which is not appropriate to your appointment.

10.3. EEx will be available to Examiners who have registered.

10.4. The Examiner Technical Contact Centre will be available between 08 00 and 17 00, Monday to Friday on every Working Day and during extended hours during examination periods. AQA will endeavour to respond to any e-mails or voice messages received outside these hours within the course of the next working day or at a time convenient to you.

10.5. EEx is intended to work on any W3C standards-compliant web browser. AQA is not responsible for the provision of a suitable computer, software, and internet access.

Access rights

10.6. Users shall comply with the Data Protection Act 1998 in relation to the handling and processing of any personal data accessed or made available through EEx.

10.7. Any services offered through EEx can be included or excluded by AQA from User's access rights.

10.8. AQA reserves the right in its absolute discretion to refuse an application to register for, or to remove access to EEx and to temporarily or indefinitely suspend any User.

10.9. Users agree not to use or permit another to use EEx:

  • to upload or post e-mail, transmit or otherwise make available any content that is unreliable and misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, infringes a third party's intellectual property rights, hateful, or racially, ethnically or otherwise considered by us in our absolute discretion to be objectionable or unlawful
  • to cause or introduce a software virus or other disruptive program
  • in any way that is not authorised by AQA or is in breach of these Terms and Conditions or the Examiners' appointment terms and conditions.

Availability

10.10. AQA shall use reasonable endeavours to ensure that EEx is available between 06:00 to 03:00, seven days a week. However, it may occasionally be necessary for AQA to undertake tasks that require the temporary removal of EEx services, so availability cannot be guaranteed.

Use and care of your username and password

10.11 It is the Users' responsibility to ensure that their log in details remain confidential. In order to ensure this, Users must:

  • take all reasonable steps to keep log in details secret
  • not allow anyone else to use the log in details
  • never write log in details down without disguising them so they are meaningful only to the user
  • change log in details to something that the user can remember
  • change log in details immediately if the user believes that such details are known to someone else
  • change log in details at regular intervals.


10.12. Users should ensure that they log out of EEx when they have finished using EEx services. At no time should any user leave their computer whilst logged in toEEx. If use of EEx remains inactive for 30 minutes, then the session will automatically be terminated by AQA.

10.13. Any 'saved password' facility must be turned off.

10.14. AQA reserves the right to withdraw log in ID and passwords at any time without notice and in its sole discretion where AQA have reason to believe that such log in ID and password have been discovered and/or used by any person or organisation other than a User.

10.15. You are responsible for keeping your log in ID and password secure and confidential. If you believe that your log in ID and password have become known to another person, then you must notify AQA as soon as possible. You should not share, display, disclose or permit your password to be disclosed to any other party.

10.16. AQA reserves the right to modify or withdraw EEx (or any part) at any time or terminate access to EEx (or any part) at any time.

10.17. AQA reserves the right to remove any material from the Websites which it deems, in its absolute discretion, to be in any way in breach of clause 10.9.


11. Data Protection and Privacy

11.1. You agree that any and all personal information and data collected from you via these Websites or as part of the services from time to time may be used in accordance with AQA's current Privacy Statement. The statement also sets out AQA's commitment to protecting your personal information and provides guidance on your rights under the Data Protection Act 1998.

11.2. You warrant that the personal information you provide to us is true, accurate and complete in all respects and you will notify us immediately if there is any change in the personal information that you have supplied to us.

11.3. You are responsible for keeping your log in ID and password secure and confidential. If you believe that your log in ID and password have become known to another person, then you must notify AQA as soon as possible. You should not share, display, disclose or permit your password to be disclosed to any other party.

11.4. AQA reserve the right to withdraw log in ID and passwords at any time without notice and in our sole discretion where AQA have reason to believe that such log in ID and passwords have been discovered and/or used by any person or organisation other than you.


12. Use of AQA logo

12.1. As a registered trade mark there are strict rules concerning the use of the AQA logo. It is only released under a licence arrangement and is limited to projects where AQA has a significant input into the project. It cannot therefore be used for display purposes. Centres are directed to the JCQ General Regulations for Approved Centres which prohibits the use of awarding body signage.

Once you have received written permission, AQA will issue you with an approved print or electronic version of the logo.


13. General Information

13.1. You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless agreed upon in writing by AQA.

13.2. AQA reserve the right to transfer or assign all or any of its rights, duties and responsibilities set out in the Terms and Conditions to another party.

13.3. Headings have been included for convenience only and will not be used in construing any provision of the Terms and Conditions.

13.4. No delay or failure by AQA to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them.

13.5. The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms and Conditions.

13.6. These Terms and Conditions contain the whole agreement between the parties relating to the use of the Websites and supersede all previous agreements between the parties relating to the Websites.