Terms and Conditions of sale for Aptis ESOL tests in Portugal.
Terms and Conditions of sale for Aptis ESOL tests in Portugal.
The following Special Terms and Conditions apply to the Contract and form a legally binding part of the Terms.
In the case of contracts entered by any of the British Council entities with end consumers which are normally resident in Portugal:
With regards to data protection, the following will apply:
The Controller of this personal data processing activity is British Council - Representação Permanente Em, N.I.F. 980430836, com domicílio em Rua Luís Fernandes, 1-3, 1249-062 Lisboa; DPOSpain@britishcouncil.es
We process data for the following purposes:
The administration of Aptis exams, including registration, payment and exam session and evaluation; communication with the candidate, or their parent/guardian if candidate is under 18, about exam-related matters. We will keep data used for these purposes for a period of five years.
To manage special needs requirements. The candidate, or their parent if candidate is under 18, can voluntarily provide medical evidence about the test taker that will allow us to make suitable exam arrangements on the day of the examination, such as adapted systems or modified materials. We will keep this information until the exam results are issued.
On some occasions, we will also use your personal information to conduct surveys about customer satisfaction in relation to the service provided.
The British Council Assessment Research Group (ARG) may occasionally use voice recordings from listening tests and written test responses to conduct research, review the performance of assessment products or design new assessment products. These recordings could be used by individuals or organisations working in collaboration with the British Council in the research of English level assessment methodology. For this analysis, we may record the date and country of origin of the recordings, but will not associate your name, date of birth or any other form of personal identification with these recordings. In line with our corporate retention schedule, we may keep these recordings for up to 10 years.
We will also keep you informed, if you have so requested, about our products, activities and services. We will remove your information from our marketing lists if you wish to unsubscribe from them.
Lawful basis for the processing of personal data:
Our lawful basis for using your information in connection with processing your registration and delivering the exam, including any service-related communications, is that it is necessary to perform the contracted service. If you choose not to provide any of the requested information, this may have an impact on the provision of the service.
We will only use your medical information about special needs to make suitable exam arrangements based on your specific consent, or the consent of the parent if the test taker is under 18 years old.
We rely on our legitimate interest for the following treatments: conduct of satisfaction surveys, in order to improve our product offer; the analysis, always anonymously, of the exams already carried out, for the development and continuous improvement of our products; and finally, for the investigation of cases, possible or proven, of malpractice during the exam.
We will process your personal information to send you information about our products, events and services based on your consent by ticking the appropriate box on the registration process.
Recipients of your personal data:
British Council main establishment, for purposes exclusively related with our activity. You can find detailed information about our data protection policy in our corporate web www.britishcouncil.org/privacy
Occasionally, data of candidates and their test results may be shared with those Universities and educational centres they are students of, for their own academic purposes.
Third parties providing services related with administrative and examination processes (registration and information management systems, financial management) with local and global contracts as Processors.
Third parties providing email marketing services, with global contract as Processors.
We use standard model contract clauses to ensure that the adequacy of personal data transferred internationally meets with General Data Protection Regulation (GDPR) requirements.
Your rights when you provide your data
You have the right to access your personal data; to request the rectification of inaccurate data and, to request erasure when the data are no longer necessary for the purposes for which it was collected. You may also request the restriction of processing or object to the processing of your data.
You are also entitled to withdrawing your consent at any time for any of the purposes for which you were asked to provide consent, taking into account that this shall not affect the lawfulness of the processing based on your consent prior to your withdrawal.
You can exercise your rights by contacting us at DPOSpain@britishcouncil.es, including some form of identity proof. We have a period of thirty days to address your request. You also have the right to complain to the Comissão Nacional de Proteção de Dados.
The following terms apply if the Product that you are purchasing is an Aptis ESOL Test in Portugal:
The following Additional Terms and Conditions apply to the Contract and form a legally binding part of the Terms.
By registering for an Aptis ESOL test in Portugal, exam, you confirm that you have read and accept the Terms and Conditions set out in this document and that your personal data may be used for the purposes set forth in the Data Protection Notice.
1.1. The Online Store pages will guide you through the steps you need to take to register for an Aptis ESOL test. The online registration process allows you to verify and correct any errors before submitting your registration. Read carefully and check your registration at each stage of the online registration process.
1.2. Registration to an Aptis ESOL exam in Portugal can be made directly by the Test Taker, or through an Agent, preparation centre, University, school or any other institution (from now on, Preparation centre), dully authorised by the British Council (from now on, Examining centre).
1.3. Registration to an Aptis ESOL General, For Teachers or Advanced exam in Portugal is only allowed to candidates with a minimum age of 16 at the time of the test session. The British Council reserves the right to cancel any entry made by/on behalf of a Test Taker of less than 16 years old.
1.4. By submitting an online registration for an Aptis ESOL test through the Online Store, you confirm that you are at least 18 years of age. If the person who is going to take the Aptis ESOL test is under 18 years of age, it will be obligatory to state the contact details of the parent or legal guardian of the person taking the Aptis ESOL test. Likewise, it will be mandatory to complete the corresponding Parental consent form.
1.5. Full name and date of birth on your booking must match exactly with those in your Identification document. Failure to do so may result in you not being admitted into the test room nor entitled to a refund of fees.
1.6. As part of your Aptis ESOL customer journey, you will be asked to provide the number of your Identification document. The following rules apply:
a) EU Nationals can provide a European Union ID Card (for Portuguese nationals, Cartão de Cidadão) or Passport number.
b) You cannot register for Aptis exams in Portugal with an Autorização de Residência, driving license or residence permit.
c) Non-EU nationals must provide a Passport number.
d) The Identification document provided must be valid on the test date.
e) You are required to inform the test centre of any changes or incidents related to your identity document before the test date (e.g. loss or theft). Failure to do so may result in you not being admitted into the test room nor entitled to a refund of fees.
Please read carefully terms applicable to identification procedures on the test day in Section 7.
1.7. a) Once you have completed the registration, you will receive an Order Acknowledgement.
b) Once the Payment Processor receives a legitimate payment for the Products from your designated bank account, or payment is otherwise made in accordance with these terms, an Order Confirmation will be emailed to you.
1.8.Important: Candidates wishing to re-register to an Aptis ESOL Advanced test will only be able to do so to an exam date scheduled at least 3 months after the last Aptis Advanced test taken.
1.9.In the event that a candidate re-registers for an Aptis ESOL Advanced session scheduled within this 3-month period, the British Council will contact candidate to offer postponement to a later date. If this alternative is not convenient to the candidate, the British Council will process a refund for the full test fee.
1.10. Where a registration deadline is set with regard to a specific test date, the British Council reserves the right not to accept registrations after the registration deadline.
1.11. Details regarding the Aptis ESOL test will be provided in the description of the Aptis test as part of the online registration process and will be sent to you as part of the Confirmation of Entry email in accordance with clause 7.1.
a) References to Parts are to the parts of these terms and, unless stated otherwise, references to clauses in a Part are to the clauses of that Part.
b) Any words following the terms including, include, in particular, for example or any similar expression are illustrative.
c) Any references to calendar are to the Gregorian (western) calendar and any reference to day means calendar day, or month means calendar month.
2.1.All test fees for Aptis ESOL tests offered through the Online Store will be displayed on the Online Store. All test fees quoted are exclusive of VAT but include applicable taxes and charges incurred by the British Council for use of debit or credit cards otherwise stated. Test fees may change from time to time, but this will not affect any registration which has been confirmed by an Order Confirmation.
2.2.The Online Store will state the methods of payment by credit or debit card and the payment processor affiliated to the Online Store.
2.3.Payments by credit or debit card made in accordance with clause 2.2 are processed immediately via the payment processor over a secure link. No card details are held by the British Council. You may incur charges for the use of debit or credit cards from your provider and such charges are in addition to the advertised test fee.
2.4.The British Council treats payment by credit or debit card whether online in accordance with clause 2.2 as confirmation that you are the person authorised to use such credit card or debit card and that you are over the age of 18 years.
2.5.For the avoidance of doubt, until you have paid for the Aptis test in full, you shall have no right to take the Aptis ESOL test and the British Council may prevent you from taking the Aptis ESOL test without liability to you.
3.1.The British Council may cancel the contract by giving you notice in writing (whether by email or otherwise) for any reason at any time prior to the test date. If the British Council cancels the contract pursuant to this clause 3.1, it will refund the full test fee paid by you for the Aptis ESOL test.
3.2.The British Council may also cancel the contract at any time, without liability to you if:
a) you materially breach these terms.
b) the British Council is unable to provide the Aptis ESOL test due to a reason beyond its reasonable control.
3.3.If the British Council cancels the contract under clause 3.2 (a), the British Council will be entitled to retain (or be paid the balance of, as the case may be) the test fee paid by you in full.
3.4.If the British Council cancels the contract under clause 3.2 (b), you will be entitled to choose either: (i) to receive a full refund of the test fee; or (ii) (subject to availability) to book an alternative test date to complete the Aptis ESOL test. If you choose option (ii) and the test fee for the alternative test date is greater than the test fee for the cancelled test date, you will be required to pay the difference in accordance with those payment terms set out in clause 2 or otherwise agreed with the British Council. If you choose option (ii) and the test fee of the alternative test date is lower than the test fee for the cancelled test date, the British Council will refund to you the difference. You must notify the British Council in writing (see clause 16.1 below for the relevant contact details), of your preferred option within fourteen (14) calendar days from the date of you being notified by the British Council that the contract has been cancelled. If we do not hear from you in the specified time period, we will refund the sum due to you.
4.1. To exercise the right to cancel, you can do so by processing a request by completing the relevant Refund form in our Aptis ESOL Cancellation web page, if you are an individual candidate registered through the Online store. The British Council will process the cancellation request and, if applicable, a refund, in accordance with the deadlines and conditions established under clauses 4.3. to 4.8.
4.2. If you have booked your test through a Preparation Centre or Agent, the request for cancellation should be made by the said Centre. The British Council will process the cancellation request and, if applicable, a refund to the Preparation Centre, according to the deadlines and conditions established under clauses 4.3. to 4.8.
4.3.If you cancel the contract within 14 days after the date of confirmation of payment and before the test day, you will receive a reimbursement of the test fee and no administration costs will be deducted.
4.4. If you cancel the contract outside the 14-day cancellation period but before 7 calendar days prior to the test date, you will receive a reimbursement of your test fee minus administration costs, which will never exceed a 25% of the test fee.
4.5. If you cancel your Aptis test registration outside the 14-days cancellation period but within 7 days to the test date, no refund will be issued, except in the conditions stablished under clause 4.6.
4.6. Under special circumstances, such as a death in the family of serious health issues relating to you or your family member, a refund will be granted provided you submit relevant documents within 4 weeks after the test date. The refund will reimburse your test fee minus administration costs, which will never exceed a 25% of the test fee.
4.7. The British Council will make any repayments due to you under this clause 4 without undue delay, and not later than 14 days after it is informed about your decision to cancel the contract.
4.8. The British Council will make the repayment using the same means of payment as you used for the initial transaction.
4.9. The British Council is under a legal duty to supply services that are in conformity with this contract. As a consumer, you can seek advice about your legal rights from your local or regional Consumer Authorities.
5.1. The British Council will ensure that the Aptis ESOL test is delivered in all material respects as described on the Test taker portal or otherwise. However, the British Council will be entitled to make variations to the content and delivery of the Aptis test where those variations do not alter the Aptis ESOL test materially.
5.2. The British Council expects you to take reasonable care to satisfy yourself that the Aptis ESOL test will meet your needs. The British Council does not guarantee that you will obtain any particular result from the Aptis test.
5.3. No postponement or change of test date service is offered as of now.
6.1. The British Council aims to ensure that all candidates are treated in a fair and objective manner and that the optimal conditions for the examination are given.
6.2. Candidates with special needs, such as modified versions of the test (Braille), auditory adaptations or others, should contact us at least 6 to 8 weeks before their exam date. It will be also required to provide with medical certificate issued within two years prior to the date of the examination which must meet the following requirements:
a) Be legible, written in English or Portuguese.
b) Should state the name, qualification, collegiate number and signature of a professional practitioner.
c) Offer a clear description of the candidate's circumstances.
d) Clearly explain how said circumstances justify the request for special conditions.
6.3. The British Council will not process any special arrangement if the support documentation is not provided by the deadline and according to the requirements listed above.
6.4. The candidate suffering a sudden medical emergency prior to the day of the test (such as a broken arm, which prevents writing correctly), should notify the examining centre immediately, so that they can offer an alternative solution. The British Council may not be able to arrange special circumstances on the day of the test.
7.1. The British Council will send session date information, including details of the test venue and session timetable, to the email provided by the candidate as part of the registration journey, approximately 7 days before the test date.
7.2. If the candidate has registered through a preparation centre, this information will be sent to the contact email address provided by the preparation centre. If you do not receive this information in this period of time, you should contact immediately your examining centre.
7.3. In the case of registered candidates within 7 days prior to the test date, the British Council will send the schedule and venue information as soon as possible, before the day of the exam.
7.4. If you do not show up for the exam because you did not receive the aforementioned email, and this was not reported to your exam centre, you will lose the right to request a refund of fees.
7.5. You should arrive at least 15 minutes before the start time of the Aptis test ESOL. If you arrive late, you may be denied admission to the Aptis ESOL test.
7.6. You must show your official, original and in full period of validity identity document (which must include a photo). We remind you of the documents accepted for identification purposes:
7.6.1. EU Nationals: Valid National Identity card or Passport
7.6.2. Non-EU Nationals: Valid Passport. Identification document must match with the documentation provided as part of the test booking.
7.6.3. Driving license, Autorização de Residência, or residence/work permit will not be accepted for identification purposes
7.7. If you do not bring an official, original and valid identification document as specified in clause 7.3, you will not be able to take the Aptis ESOL test and will not have the right to request a refund of the test fee.
7.8. If you are under 18 years of age you will be required to bring a consent form signed by your parent or legal guardian to leave the test centre upon completion of the Aptis ESOL test. Please find here link to the form.
7.9. We recommend that you do not bring any non-essential material to the Aptis ESOL test. We remind you that electronic devices, including mobile phones, digital recorders, tablets and cameras etc. are prohibited in the test room, as well as all types of watches, including analog.
7.10. In the event that, during the Aptis ESOL test, an incident occurs that you consider may have affected your work, you must inform the supervisor or invigilator of the Aptis ESOL test before you leave the test centre. You must also contact the test centre in writing within 12 hours after the Aptis ESOL test.
7.11. At the end of the Aptis ESOL test you should leave all the Aptis ESOL test materials in the test room. If you try to extract any material from the test room, you will not receive an Aptis ESOL certificate.
7.12. You must behave according to the rules set out on the test date of the Aptis ESOL test. Smoking and/or eating inside the test room is strictly prohibited. If you fail to behave appropriately, the British Council reserves the right to request you to leave the test room.
7.13. All components of the Aptis ESOL test must be done on the specified test date. It is not possible to sit a component on the test date and the rest on another date.
8.1. You must not engage in any form of malpractice that could damage the integrity and/or safety of the Aptis ESOL test. Malpractice includes, but is not limited to, the following:
8.1.1. attempts to copy in any way, including copying the work of another candidate or using notes of any kind or any device
8.1.2. attempts to help another candidate to copy
8.1.3. impersonating another candidate or having another candidate impersonate you
8.1.4. interrupting the Aptis ESOL test in any way
8.1.5. using inappropriate language during the test or in writing and speaking test components
8.1.6. altering the data contained in the Aptis ESOL certificate
8.2. It is strictly prohibited to share any test material or content, either inside or outside the exam venue. This includes all texts, questions and themes from any section of the text, for any test version and in any format.
8.3. Candidates sharing any of the exam material or content in any public context to others – i.e. through social media as Facebook, WhatsApp or similar, – will have their results withdrawn and may be banned from taking the Aptis ESOL test.
8.4. If you are involved in any type of malpractice you will not be allowed to complete the Aptis test. If you are found to have been involved in malpractice once the results have been published, your results will be cancelled and you will not receive a Aptis ESOL certificate.
9.1. Your results will be available within 72 hours after the test date. Once the results are available online, an automated email will be sent to an email address you’ve used to book a test notifying about the results release.
9.2. For Test Takers registered by a preparation centre, the Test results will be available within the same period and will be e-mailed to the preparation centre.
9.3. Results may not be available within 72 hours after the test date in the event that the British Council decides that a revision or investigation of any aspect associated with the Aptis ESOL test is required, including in relation to registration, test administration or suspected malpractice. Any result could be withheld if an irregularity is found. In exceptional circumstances, the British Council reserves the right to request that you repeat any of the components of the Aptis ESOL test.
9.4. An Aptis ESOL Test Taker can request their test be re-marked for any reason. Test takers may only ask for re-marking of the entire test, and not for a single component. Re-marked test results are considered final.
9.5. The EOR request may be made by a test taker, their parent/legal guardian or an Aptis B2B client at any point up to eight weeks after the test day.
9.6. EOR service fee is 45€. The test fee is only reimbursed, and a new test report form issued, if the overall CEFR level increases after the test is re-marked.
The following rules applies to the issuing and posting of an Aptis ESOL Certificate:
10.1. Aptis ESOL Certificate does not have an expiry date. It shows that you demonstrated language skills at a specified level on a particular date, however, language skills are known to diminish over time if not used and maintained.
10.2. The British Council will deliver to the postal service Aptis ESOL Certificate for Test Takers registered individually within 7 days after the results publication date. The British Council will inform Test Takers about the posting arrangements as part of the Confirmation of Entry email.
10.3. For candidates registered by a preparation centre, Aptis ESOL Certificate will be delivered to the postal service within the same period and dispatched to the preparation centre, which will be responsible for further distribution to Test Takers. The British Council will inform the Preparation centre about the posting arrangements as part of the Confirmation of Entry email.
10.4. Test Takers will receive a single original of their Aptis ESOL Certificate. We recommend Test Takers not to send this original to any requesting institution.
10.5. The British Council examination centre will manage potential requests for Aptis ESOL Certificate alternative dispatch methods (courier delivery) on individual basis and will pass on the Test Taker the full cost this service entails. At the moment of publication of these Terms, the fee for such service is 20€.
10.6. The British Council will replace damaged Aptis ESOL Certificate at no cost for Test Taker or preparation centre only when:
a) the original is returned to the British Council examining centre that issued the original, and
b) if the request is received within two years following the date of issuing of the original Aptis ESOL Certificate.
c) Applications must enclose proof of payment and a valid identity document.
The following rules will apply to the issuing and posting of Aptis ESOL Certificate duplicates:
10.7. Test Takers may request, within the two years following the date of issue of their original report, up to two duplicates of an Aptis ESOL Certificate for the purposes below:
a) For personal use: Duplicate to-be dispatched to the candidate home address
b) At the request of an educational institution: Duplicate to-be dispatched directly to the address of the requesting institution.
10.8. Duplicates will be delivered by courier service at a cost of 20€ per each duplicate issued.
10.9. For Test Takers registered to an Aptis test through a preparation centre, request must be received from the centre and not the individual Test Taker. The British Council will not issue a duplicate without such written consent from the registering centre.
10.10 In all cases, application for duplicates must be received by the British Council after the dispatch of the original certificate. The British Council will not process any application received prior to the issuing of the original Aptis ESOL Certificate.
10.11. If you need to send a Aptis ESOL Certificate to an institution, you are entitled to do so. Individual institutions (such as universities, employers, professional organisations and government bodies) can choose how long to accept results for. Some institutions will only accept certificates taken within the last 2 or 3 years, although many will consider evidence that the test taker have taken actions to maintain or improve their level of English since taking their test. We advise that you speak to the institution that you wish to apply to if you have any doubts about their results expiry.
11.1. All British Council entities protect personal information in accordance with the data protection legislation applicable in the UK and any local equivalent law if this is stronger.
11.2. Please check Part 4. Special Terms and conditions of sale for Aptis ESOL tests for further information on the data protection clauses that apply in Portugal.
12.1. The British Council is the United Kingdom’s international organisation for cultural relations and educational opportunities. In our work we meet many children and adults who are potentially at risk for a variety of reasons. We aim to create a safe environment in which no child or adult will experience harm or exploitation during their contact with us. We will, where reasonably practicable, both follow relevant UK and International laws and standards, as well as ensuring local legal compliance.
13.1. You must:
a) at all times behave with honesty, integrity and show courtesy, consideration and respect to others when undertaking the Aptis ESOL test.
b) prepare for the Aptis ESOL test as reasonably required by the British Council.
c) attend or otherwise access all sessions and other activities which form part of the Aptis ESOL test (subject to absence for medical or other agreed reasons).
d) respect the confidentiality of all information that you acquire in connection with the Aptis ESOL test.
14.1. The copyright and all other intellectual property rights in all Aptis ESOL tests shall remain the sole and exclusive property of the British Council and its licensors. You undertake that you will not copy or permit the copying of Aptis ESOL tests or distribute the Aptis ESOL tests via internet or intranet or disclose or permit the disclosure or sell or hire the same to third parties.
14.2. We inform you that the British Council does not allow candidates, test centres or institutions to see or review the answers of the marked Aptis ESOL tests in any instance of the marking process and/or as part or after an Enquiry into Results.
15.1. Nothing in the terms shall limit or exclude the British Council’s liability (or the UK Charity’s liability) for death and/or personal injury caused by the negligence of the British Council or the UK Charity or any of their employees, agents or subcontractors, for fraudulent misrepresentation and any other liabilities which cannot as a matter of law be limited and/or excluded.
15.2. Subject to clause 15.1, the British Council and the UK Charity do not accept responsibility and expressly exclude liability for any loss or damage to your property that occurs where the British Council is delivering the Aptis ESOL test. When taking the Aptis test, you should take particular care not to leave any valuables (including mobile devices, tablets or laptops) unattended at any time. Your personal belongings will be left in a designated area, and you will not be able to access them until the end of the Aptis ESOL test.
15.3. Subject to clause 15.1. the British Council and the UK Charity shall not under any circumstances whatsoever be liable to you (whether for breach of contract, negligence, breach of statutory duty or otherwise) for any:
a) losses that were not foreseeable to both you and the British Council and/or the UK Charity when the contract was formed.
b) losses that were not caused by any breach on the part of the British Council.
c) loss of profit, loss of business, business interruption or loss of business opportunity arising under or in connection with the contract.
15.4. Subject to clauses 15.1, 15.2 and 15.3, the British Council's liability in connection with the contract will be limited to the test fee paid by you for the Aptis ESOL test purchased under that contract.
15.5. The British Council will take all necessary measures to provide a continuous service, but the British Council cannot be held responsible for interruptions caused by circumstances beyond our control. If the Aptis test, the registration process or the results publication process is interrupted, cancelled or delayed, we will ensure a normal service is resumed as soon as possible. The liability of the British Council in such circumstances will be limited to reimbursement of the test fee or postponement or change of the test date.
16.1. The British Council may transfer the contract (in whole or in part), or subcontract or delegate the delivery of Aptis ESOL test in any manner at its sole discretion to: (i) any separate entity controlled by the British Council or otherwise forms a part of the British Council group of entities; or (ii) any provider of outsourcing or third-party services that is engaged under a service contract to provide services to the British Council.
16.2. The contract is personal to you and so you cannot transfer any or all of your rights or obligations under these terms to another person without the prior written consent of the British Council.
16.3. The British Council intends to rely upon these terms and any other terms or policies referred to in the online customer journey as being the entire contract between you and the British Council in relation to the Aptis ESOL test. To avoid any misunderstandings about the content of the contract, please make sure that you ask for any changes, or additions, to the terms of the contract be put in writing by a British Council representative.
16.4. If the British Council does not insist immediately that you do anything you are required to do under these terms, or if the British Council delays in taking steps against you in respect of you breaching this contract, that will not mean that you do not have to do those things and it will not prevent the British Council taking steps against you at a later date.
16.5. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
16.6. The British Council hopes to make your experience of dealing with the British Council an excellent one and welcomes your comments, suggestions and details of satisfaction or dissatisfaction. If you have any comments or complaints in relation to the Contract, please refer to the Complaints Page (see the definition of “Complaints Page” for further details) and follow the procedure set out there.
16.7. The British Council may contact you or provide a notice referred to in this contract by sending you an email to the nominated email address provided by you during the online registration process.
If you have any questions, comments or enquiries about the contract or the Aptis ESOL test, please contact our Shared Services at email@example.com