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.

Prospective purchasers of Products should refer to, in particular, 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.

'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 08442 096 614.

'Product' means each publication or any other product purchased by you via the Website(s) and provided to you in any format.

'Services' means the content and services provided via or through AQA's Websites.

'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.

'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.

'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 this Website 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, products and services. The products, 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.

To place an order for any Product on the Websites, you will need to register your details with AQA on the Websites and you will be asked to click "I accept" to indicate that you agree to the Terms and Conditions (which include any terms and conditions specific to a Product notified at the time of purchase). You will not be able to complete your purchase if you do not do this.

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 Website and to edit or remove any information or content on the Website 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 Products are owned or controlled by AQA. In accessing AQA's Website(s), 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. In using or purchasing any Product, you agree that you may only use any Product for your own non-commercial use or that of your school or college or other educational institution. You should read our Publications policy (which forms part of these Terms and Conditions) for more detail on permitted use of AQA Products.

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) and/or any Product 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.

However 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 any Product) 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

5.1. AQA warrants to you that any Product purchased from AQA through the Website(s) reasonably conforms with its description, is of satisfactory quality and (subject to clause 5.6 below) is reasonably fit for all the purposes for which products of the kind are commonly supplied.

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 is 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 of any other Product purchased via the Websites nor for its being unable to fulfil any particular order due to the non-availability of Product(s).

5.4. 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 of any material published on it or them and/or of any Product.

5.5. 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.

5.6. AQA will use reasonable endeavours to verify the accuracy of any information on the Websites and/or in any Product but makes no representation or warranty of any kind, express or implied, statutory or otherwise regarding the contents, relevance or accuracy of the Websites and/or any Product. You are responsible for ensuring that any Product you order from the Websites is up-to-date and suitable for your particular purpose.

5.7. Although every effort is made to keep the Websites and any on-line Products 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 or on-line Products 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.

5.8. 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, for any breach of clause 5.1 and/or otherwise 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 Products 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.. If you are a habitual resident of any other country and you purchase any Product as a consumer then there may be certain other mandatory rules that apply to you.

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.

We are currently reviewing our procedures following changes in the law about cookie usage. In the meantime, we will continue to take great care to protect your information and never share personal information with other organisations as per our privacy statement.


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. Courses and Events

Bookings

9.1. Courses and Events is designed for those at a registered AQA school/college or Local Authority. All other applicants should complete a printed application form or contact the relevant AQA office.

Booking on behalf of others

9.2. You can make online bookings for colleagues at your registered AQA school/college or Local Authority. PGCE students shadowing a teacher should be booked as delegates (fee-paying if applicable).

Live online training bookings

9.3. 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.

Booking deadlines

9.4. Please book at least 10 days before the event as we cannot guarantee last minute bookings. All bookings are processed on a first come, first served basis. If making a late booking, please phone the relevant AQA department (see the 'Contact us' link).

Special requirements

9.5. Meal arrangements always include a vegetarian option. Please inform us of any other special requirements (eg special diets or mobility issues), when booking. We will try to meet all reasonable requests.

Booking confirmation

9.6. We will confirm receipt of your online booking via email. We will also email your confirmation with venue details, within 14 days of the event.

9.7. For live online training events AQA will confirm your booking between 2-14 days of the event. You will also receive joining instructions via email from Inset online.

Payment of delegate fees

9.8. For chargeable events, we will raise an invoice for the appropriate school/college or Local Authority. If you are not linked to a registered school/college/Local Authority please apply by post, fax, email or telephone.

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

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

Postponements and cancellations by AQA

9.11. We reserve the right to re-schedule or cancel an event but will give you as much notice as possible. We are not responsible for associated 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.

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

Delegate booking amendments/cancellations

9.13. You can cancel/amend an online booking. To request a credit, we must receive your request either online or by phone at least 21 days before the event. To cancel a booking after this time, please contact the relevant AQA office. Credits are not given for bookings cancelled within 21 days of the event.

9.14. 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 within 21 days of the event.

9.15. If you have moved school/college, please update this information online. We will let you know when your record has been moved so that you can continue to use the online facility.

9.16. If your e-mail address has changed but you know your password, use your former email to access the site and select 'Edit details' to update your email address.

If you can't remember your password, please use the forgotten password link.

If your email has been changed and you have forgotten your password, please email courseandevents@aqa.org.uk with details of your old and new email addresses together with your current school/college/Local Authority name and number. We will let you know when your record has been updated so that you can continue to use the online facility.


10. Purchase and delivery of Products

If you wish to purchase any Product the following specific Terms and Conditions will apply:

Delivery

10.1. For deliveries within the United Kingdom, AQA will endeavour to ensure that any Product you order is delivered within 10 Working Days of the order being received. Save in respect of on-line Products, you may request an accelerated delivery within the United Kingdom when you place your order for a particular Product for an additional charge and such accelerated deliveries shall be despatched on the next Working Day.

10.2. Ownership of the Products will pass to you when AQA receives full payment of all sums due in respect of the Products. The Product will be at your risk from the time of delivery, which in the case of on-line Products shall be the date of provision of the log-in and password details to access the Product.

10.3. If you do not receive the Product in accordance with the timescales set out above, or if you have any other enquiry in relation to any Product, you may contact AQA's Publications Department using the contact details set out in clause 9.14.

Price and payment

10.4. The price of each Product, delivery and packaging charges and any other additional costs will be as set out on the Website(s) from time to time. It is possible that, despite our efforts, one or more of the Products or other charges listed on the Website(s) may be incorrectly priced. AQA will normally verify prices as part of our order procedures and is under no obligation to provide the Product to you if an incorrect price is stated on the Website(s). In the case of on-line Products, details of the subscription period and renewal mechanism shall be provided at the point of purchase and shall form part of these Terms and Conditions.

10.5. The published prices in the web shop are expressed to exclude VAT. You will be informed of any VAT payable on each item at the checkout stage of your order and you will be responsible for paying any VAT which may be applicable.

10.6. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation in accordance with clause 9.13 below.

10.7. Payment must be made at the time you place you order and as follows:

  • by credit card or debit card if you are acting as a consumer or if you are not registered as an eAQA user and you order via the Website; or
  • by cheque if you are acting as a consumer or if you are not registered as an eAQA user and if you order by post; or
  • by credit account if you (or the centre or institution you represent) is registered with eAQA.

10.8. Centres and/or other eAQA registered users may request an invoice at the time of placing their orders and must provide a purchase order number. AQA will issue an invoice and the Centre must pay within 30 days of the date of such invoice.

Cancellations, returns and refunds

10.9. Save in respect of Products purchased by you where provision of the service comprised in the Product may or does commence prior to the expiry of the cooling off period, you may cancel your contract at any time within 7 Working Days (your "cooling off" period), beginning on the day after you received the Product(s) and you will receive a refund of the price paid for the Products in accordance with the returns and refunds rules (set out in clause 9.10 below) and:

  • you must inform AQA by contacting AQA's Publications Department in writing (please see clause 9.14 below) and you must obtain its written authorisation; and
  • you must return the Product(s) to AQA as soon as reasonably practicable and in any event within 30 Working Days from receipt to the address set out in clause 9.14 below, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) while they are in your possession.

10.10. When you return any Product(s) to AQA:

  • because you have cancelled your contract within the 7 Working Day cooling-off period (set out in clause 9.9 above), AQA will process the refund due as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation to AQA's Publication Department. In this case, AQA will refund the price of the Product in full, including the cost of sending the item to you. However, AQA will not refund the cost of any accelerated delivery you may have purchased. In all cases, you will be responsible for the cost of returning the item(s) to AQA; or
  • for any other reason, you must inform AQA by contacting AQA's Publications Department in writing (please see clause 9.14 below) and you must obtain its written authorisation and you must return the Product(s) to AQA to the address set out in clause 9.14 below. AQA will examine the returned Product and will notify you of your refund via email within a reasonable period of time. AQA will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day AQA confirmed to you via email that you were entitled to a refund. The specific rules for such refunds are as follows:
    • where you return any Product(s) which were delivered to you in a defective state or do not otherwise conform with these Terms and Conditions then AQA will refund the price of the defective or non-conforming Product(s), together with the original delivery costs and shall reimburse you for your reasonable costs of returning them to AQA (if any); or
    • where you return any Product(s) outside of the 7 Working Day cooling-off period and within 30 Working Days from receipt and the Product(s) are not defective and do conform with the Terms and Conditions then AQA will refund the price of the returned Product(s) (but not the original delivery costs) and you will be responsible for returning the Product(s) to AQA at your own cost and risk. AQA reserves the right to not provide a refund for any Product(s) received by AQA in a damaged and/or otherwise unsatisfactory condition.
  • AQA will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10.11. AQA may need to cancel an order placed by you in whole or in part if the Product or Products which you have ordered are, or become, unavailable. If any cancellation is necessary, AQA will refund in full the money you have paid for the cancelled Product or Products including the costs of delivery (whether standard or accelerated).

Delays and events beyond our reasonable control:

10.12. If AQA is delayed or prevented from providing any Product or Service due to any event (including any act, omission, accident or non-occurrence) beyond its reasonable control then the time for delivery of any Product will be extended for the duration of such event and AQA will not be held liable to the extent such event delays or prevents its performance. Such an event would include (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, extreme adverse weather, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and/or the acts, decrees, legislation, regulations or restrictions of any government. AQA will use its reasonable endeavours to bring the effect of such event to a close or to find a solution by which its obligations to you may be performed despite the event.

Order process and formation of contract:

10.13. The contract between AQA and you is made under the following technical steps:

  • You must register or must already have registered on the Website and have provided all required detail. Your details will be treated by AQA in accordance with this section 9 and AQA's current Privacy Statement.
  • You place your order for a Product with AQA by way of AQA's online shop on the AQA Website.
  • You can identify and correct any errors with your information before you confirm your order for any Product.
  • You give your payment or credit account details (as applicable) and we will process the payment during the course of your order.
  • If your payment is successful, we will accept and complete your order by sending you an order confirmation to the email address given by you. At this point there will be a binding contract between you and AQA.
  • We will not keep a copy of the contract. We recommend that you print off and keep a copy of the contract terms for your records.
  • English is the only language offered for the conclusion of the contract.

10.14.The contact details for AQA's Publications Department are as follows:

Post: AQA Logistics Centre (Manchester)
Unit 2, Wheel Forge Way
Ashburton Park
Trafford Park
Manchester M17 1EH

e-mail: Publications@aqa.org.uk
Tel (queries only): 0844 209 6614
Fax: 0161 836 4545
Website: www.aqa.org.uk

On-line Products

10.15.In the case of on-line Products, you agree not to:

  • install any software supplied on more computers than are necessary for the purposes of the Product;
  • sublicence the Product;
  • copy the Product, except for back up purposes;
  • permit use of the Product by anyone other than you or your authorised Users;
  • use any source files, images, code or components from the Product separate from the Product;
  • remove any proprietary notices or labels on the Product;
  • sell, rent or trade the Product to any other party

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 the purchase of Products and/or Services and supersede all previous agreements between the parties relating to the Websites and the purchase of Products and/or Services.