Terms and conditions
Definitions:
Centre: means the educational establishment that the User is employed by e.g. school or college
Content: means the original and digitised material accessed directly or indirectly on the ExamBuilder Site or associated OCR websites
ExamBuilder: means the test creation service provided by OCR
Service(s): means the content and functionality provided by the ExamBuilder website
Site: means the ExamBuilder website (www.exambuilder.ocr.org.uk) or any associated OCR site
User(s), you, your: means each person accessing the site and the legal entity each person represents during their activity or engagement with the site and may be Access Coordinator Users or Teacher Users
Access Coordinator Users: means a user that can; select, delete, export and share content in ExamBuilder, create, edit and delete Teacher Users, create/edit and delete Access Coordinator Users and change Teacher Users to Access Coordinator User and vice versa
Teacher Users: means a user that can; select, delete, export and share content in ExamBuilder and create Teacher Users
Terms and conditions introduction
The following terms and conditions relate to the general use of ExamBuilder. By registering and using ExamBuilder you are agreeing to be legally bound by these terms and conditions. We may change these terms and conditions at any time and will publish revisions on this website. We recommend that you read these terms and conditions prior to using our site and thereafter regularly review any changes. Continuing to use the ExamBuilder service after changes to the terms and conditions are made constitutes acceptance of the revised terms and conditions.
Use of the data that you provide us, or which is collected by us on our website, is governed by our Privacy Policy. By using our site you consent to such processing of data.
Our Service
ExamBuilder is a test creation service. The content in ExamBuilder originates from OCR's past examination papers, sample assessment materials, practice papers and other OCR questions.
Accounts and passwords
You agree to keep any personal login name and password for use on the Site confidential. You should not share your username or password with anyone else. We reserve the right to terminate your access should we consider that your use of the Site is detrimental to the Site or to other users.
We reserve the right to deactivate your account if it remains inactive for more than 200 consecutive calendar days.
Access to ExamBuilder
You acknowledge that we cannot guarantee that our Site will always be available to you owing to the nature of the Internet. In addition, you acknowledge that our Site may be unavailable owing to maintenance or upgrades to include new functionality. Where possible we will try to limit the number and length of time any suspension or restriction lasts for.
User authentication
For Users to access the ExamBuilder site and its Content, OCR will authenticate the first User in a Centre only. Subsequent Users within a Centre will be set up and managed by existing Users. Users must be authorised members of the teaching or administrative staff within a Centre.
The first User in a Centre
The first User in a Centre is required to provide the contact details used on the Interchange website for authentication by OCR. The details are: the centre number, User's email address, User's first and last name as it appears in their Interchange account. Once authenticated by OCR, the first User will be assigned an Access Coordinator role for the Site.
Failure to provide correct details will result in a rejection during the authentication process.
If you do not use the Interchange website, you either need to obtain access to this site or another member of Centre staff needs to be the Centre's first User.
Subsequent Users in a Centre
Once the first User of the ExamBuilder service has been authenticated by OCR, Users are then able to create and verify new Users for staff at their Centre within the Service. New Users are then able to set up a password and access the Site.
It is not necessary for subsequent Users created by centre staff to have access to Interchange as their credentials are not authenticated, but they do need to be staff employed by the Centre.
Roles within ExamBuilder
There are two roles within ExamBuilder, these are: Access Coordinator User and Teacher User. Permissions vary between roles. Roles can be reassigned at any time.
The first User in a Centre will automatically be assigned an Access Coordinator User role in the Service. There can only be one Access Coordinator per centre. The Access Coordinator role can be reassigned as required by the Centre.
All Users can create new Teacher Users.
All Users are able to use all subject packages within the ExamBuilder service.
Sharing tests
You are able to share tests with other ExamBuilder users who have subscriptions to the same product and are in the same Centre only.
ExamBuilder does not offer users the ability to share tests across different products or across different Centres.
Disclaimers and limitations of liability
Disclaimers
Any description or reference to an organisation, product, publication or service does not imply recommendation or endorsement of that organisation, product, publication or service.
The information, material, products and services on the ExamBuilder website are intended for use as a resource only for teaching and learning activities and as a revision aid only.
Limitations of liability
Nothing in these terms shall exclude our liability to you for: death or personal injury arising from our negligence, fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude.
OCR does not accept liability for: loss of income or revenue, loss of business, loss of profits, loss of data, loss of goodwill or any other loss or damage of any kind.
Links within the ExamBuilder website may take you outside of the ExamBuilder service. These links are provided for your convenience, however the inclusion of any links in the ExamBuilder website does not imply recommendation or approval by us for the linked website, its operator or content. We accept no responsibility for any losses or damages that may arise from your use of external sites. We are not responsible for any website outside the ExamBuilder site or OCR associated websites and such websites use will be subject to their relevant terms and conditions and privacy policies (if applicable).
We shall not be liable to you for any loss or damage whatsoever from errors, omissions or inaccuracies in the Content of ExamBuilder site regardless of how caused. We do not warrant that access to the Content or ExamBuilder Site will be free from errors or faults.
It is your responsibility to ensure you have appropriate protection against computer viruses, worms, Trojan horses or other items of a destructive nature whilst using the internet, and that your connection to the Site is secure. Failure to do so shall not act as a defence to any breach of these Terms of Use.
It is up to you to assess the Content in the ExamBuilder website for its accuracy, completeness and usefulness as well as your reliance upon it. You agree and acknowledge that Content in this Site is provided for information purposes only, may be publicly accessible and that you rely on any such Content at your sole and entire risk.
Your conduct
You agree that you may only use the ExamBuilder website, Content and Service in your Centre. You are not permitted to sell or licence any Content or any other part of the ExamBuilder website or service. For any part of the ExamBuilder service (including all content, source code, trademarks or logos) you agree not to: store or reproduce in any medium, copy the service, permit the use of the service by unauthorised users, sell or licence the service to another party or remove any proprietary or copyright notices or labels.
By using the ExamBuilder website you will agree that the ExamBuilder service including website and Content are for use by staff in your Centre for educational purposes only.
You agree to ensure that any materials uploaded, displayed or transmitted by you through or to the site are not false, offensive, defamatory, threatening, obscene and unlawful and do not breach or infringe the rights of any person anywhere in the world and you waive any moral rights in respect of any such materials. Any material you upload to any user forum will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and we have the right to use, copy, distribute, sublicense and disclose to third parties any such material for any purpose.
Intellectual property rights
All rights, titles, interests (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the Content on the ExamBuilder website are owned, controlled or licensed to OCR except where otherwise stated.
All rights, titles and interests (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the software used in the ExamBuilder website and the layout, design and graphics of the Site are owned, controlled or licensed by Cambridge University Press and Assessment except where otherwise stated.
You agree that you will not adapt, alter, distribute, download, copy, loan, print, sell, store, send to others any such content or software other than for the purposes agreed above, remove OCR's copyright notices from the content, break apart or use in public, any part of the Site or content without the prior written permission of OCR or Cambridge University Press and Assessment as appropriate.
On termination of this agreement, you agree to cease use of the Site and destroy, and will instruct all authorised users to destroy, all content in printed, photocopied or digital form currently stored in hard copy or in digital storage.
Permission for use of our intellectual property
Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made by emailing exambuilder@ocr.org.uk.
Governing law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Each party irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with these terms and conditions.
Data protection
By registering with us, you consent to us processing your personal data in accordance with OCR's Data Protection and Privacy Statement.
OCR does not sell, trade or rent your personal information to others. Your details will be added to the ExamBuilder database in order to manage your subscription.
We reserve the right to release personal data when we believe that release is appropriate in order to comply with the law, or to enforce our terms and conditions, or to protect our rights, property, or safety. Please see our Privacy Statement for further details.
We will use data collected to allow access to use our website and fulfil any obligations to you (where these exist) and which detail your visits to our site and the resources that you access. We will also use your data to monitor for any unauthorised use of our website, content or subscriptions to our content.
Contact us
OCR's sole member is the University of Cambridge (formally known as the Chancellor, Masters and Scholars of the University of Cambridge), whose registered office is Shaftesbury Road, Cambridge, CB2 8EA, United Kingdom.
If you have any queries about these terms of use you should contact us by emailing exambuilder@ocr.org.uk.