ESC Public Site Terms of Use

Welcome to English Skills Cafe! These Terms of Use (the “Terms”) and our Privacy Policy govern your access to and use of the English Skills Cafe services and the English Skills Cafe website, including any in-browser applications and other tools we provide (collectively, “English Skills Cafe”), so please read them carefully.


Last Updated: June 1, 2020


By using English Skills Cafe, you are agreeing to these Terms and the use of your Personal Information as described in our Privacy Policy. If you do not agree to these Terms, do not use English Skills Cafe. If you are using English Skills Cafe on behalf of an organization such as your employer or a language school or an education or migration agent, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.

We may periodically revise the Terms. If a revision is material, as determined solely by us, and you have created an account with us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use English Skills Cafe after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using English Skills Cafe.

Your English Skills Cafe Account

To use English Skills Cafe, you'll need to register and create an account with English Skills Cafe. 

When you do so, you will be required to acknowledge and accept further Terms and Conditions specific to the type of user account you create. You will not be able or authorised to use the services without doing so. You are responsible for safeguarding your English Skills Cafe login credentials.

You are responsible for activity on your account, whether or not you authorised that activity. You should immediately notify us of any unauthorised use of your account.


Your Content

By using English Skills Cafe, you may provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content - what belongs to you stays yours.

If you are using the site under the instruction of a third party, such as an education or migration agent or language college or tertiary educational institution or employer, you agree that you are instructing and authorising us to pass the results of your tests and learning forecast as well as some of your personal information to them.

You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Your Use of English Skills Cafe

English Skills Cafe is privately owned and is protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may only use English Skills Cafe as permitted by law, including all applicable federal, state, local or international laws and regulations. By using this public website or by registering and creating an account with English Skills Cafe, you explicitly agree that you will not:

  • Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from English Skills Cafe, or use English Skills Cafe in any way other than through our publicly supported interfaces;

  • Access, tamper with, or use non-public areas of English Skills Cafe, English Skills Cafe’s computer systems, or the technical delivery systems of English Skills Cafe’s providers;

  • Probe, scan, or test the vulnerability of any English Skills Cafe system or network or breach any security or authentication measures;

  • Decipher, decompile, disassemble or reverse engineer any of the software used to provide English Skills Cafe;

  • Plant malware or use English Skills Cafe to distribute malware;

  • Violate the privacy of others;

  • Violate any applicable law or regulation;

  • Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;

  • Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others' rights;

  • Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing English Skills Cafe, or introducing any other material or content which is malicious or technologically harmful;

  • Attack English Skills Cafe via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of English Skills Cafe;

  • Attempt any of the above, or encourage or enable any other individual to do any of the above.

We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Confidentiality

Confidential Information. From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.

Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.

Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.

Copyright Infringement

We respect the intellectual property rights of others, and expect you to do the same.

It is our policy to terminate the English Skills Cafe account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, English Skills Cafe will respond expeditiously to claims of copyright infringement committed using English Skills Cafe as reported to our Designated Copyright Agent.

If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our Copyright Agent at the address below and provide the following information:

  1. Your full legal name and electronic or physical signature

  2. A description of the copyrighted work or other interest that you believe has been infringed;

  3. Enough information to properly identify and locate that content (including, at a minimum, the relevant URL)

  4. Contact information, including your address, telephone number, and email address

  5. The following statements in the body of notice:

    • “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”

    • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”

Upon receipt of notice as described above, we will seek to confirm the existence of the IP on English Skills Cafe and take whatever action, in its sole discretion, we deem appropriate.

Notices of potential copyright infringement and counter-notices should be addressed to ATTN: Legal at email address support@EnglishSkillsCafe.com

Termination

We may terminate or modify your access to and use of English Skills Cafe, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use English Skills Cafe in any way that would cause us legal liability or disrupt others’ use of English Skills Cafe.

Likewise, you may cancel your account at any timeo.

If we suspend or terminate your use of English Skills Cafe, we will try to let you know in advance, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.

Publicity

Unless otherwise specified, English Skills Cafe may use Customer’s name, logo and mark to identify Customer as an English Skills Cafe customer on English Skills Cafe's website and other marketing materials.

Warranty Disclaimers

English Skills Cafe IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. English Skills Cafe will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of English Skills Cafe. Some countries and states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Indemnity

You will hold harmless and indemnify English Skills Cafe and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of English Skills Cafe or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Limitation of Liability

(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENGLISH SKILLS CAFE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ENGLISH SKILLS CAFE INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ENGLISH SKILLS CAFE SHALL BE NO MORE THAN THE GREATER OF US$20 OR THE AMOUNTS PAID BY YOU TO ENGLISH SKILLS CAFE. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some countries or states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.

Terms of Purchases

If you purchase services via the English Skills Cafe website, additional terms will apply to you, including the following:

Cancellation. You may cancel your use of the services at any time. Fees for tests and reports are non-refundable once the tests have been taken and Results Report delivered to you.

Billing and Payment. If you purchase the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize English Skills Cafe (or its designee) to charge your Credit Card in accordance with the stated fees for the services you purchase. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to English Skills Cafe. 

Taxes and Fees.You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on English Skills Cafe’s net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.

Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.

General Terms

These Terms and any action related thereto will be governed by the laws of the State of New South Wales, Australia without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the State of New South Wales, Australia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and English Skills Cafe until such time as you register and create an account at which time you must accept the specific Terms and Conditions specific to the type of user account you create. These Terms create no third party beneficiary rights. Any failure by English Skills Cafe to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. English Skills Cafe may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact us at support@EnglishSkillsCafe.com.