Terms and Conditions – TheTheoryTest.co

Our terms
1. These terms
1.1 These are the terms and conditions on which we supply products to you, whether these
are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell
you who we are, how we will provide products to you, how you and we may change or
end the contract, what to do if there is a problem and other important information. If you
think that there is a mistake in these terms [or require any changes], please contact us to
discuss.
2. Information about us and how to contact us
2.1 We are GEXT LIMITED trading as The Theory Test a company registered in England
and Wales. Our company registration number is 09216405 and our registered office is at
28 Hawkridge Drive, Manchester, England, M23 0GG. The Theory Test (Gext Limited) is not affiliated or associated with the Driver and Vehicle Standards Agency or any other government body. Our prices include the standard cost of a theory test payable to the Driver and Vehicle Standards Agency – Our main offering is the theory test training material alongside the theory test booking itself for which we provide retests if you happen to fail subject to terms and conditions.
2.2 You can contact us by emailing us at [email protected]
2.3 If we have to contact you we will do so by telephone or by writing to you at the email
address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order will take place when you complete your order for a
practice test or a theory test on-line or by telephone and pay the required fee.
3.2 If the individual undertaking the practice test or the theory tests is under the age of 18,
the order and applicable payment should be made by a parent or legal guardian or under their supervision, otherwise a refund cannot be provided.
3.3 If we are unable to accept your order for a theory test, we will inform you of this. This might be because the venue you have selected, or the time or the
date you have requested to take the theory test is not available, . We will use our
reasonable endeavours to be able to offer you suitable alternatives and there are no extra charges for changes.
3.4 We will assign an order number to your order and tell you what it is on completion of the
order process. It will help us if you can tell us the order number whenever you contact us
about your order.
3.5 We undertake that the services will be performed substantially with reasonable skill and
care however we do not warrant that your use of the services will be uninterrupted or
error-free or that the services will meet your particular requirements.
3.6 We are not responsible for any delays, delivery failures, or any other loss or damage
resulting from the transfer of data over communications networks and facilities, including

the internet, and you acknowledge that the services may be subject to limitations, delays
and other problems inherent in the use of such communications facilities.
3.7 We will shall use commercially reasonable endeavours to make the services available
24 hours a day, seven days a week, except for:
(a) planned maintenance carried out during the maintenance window of [10.00 pm
to 2.00 am UK time]; and
(b) unscheduled maintenance performed outside normal business hours.

4. The Services
4.1 We provide a software platform for carrying out practical theory tests (together with
materials) and facilities for booking your driving theory test via the internet on a pay-per-
use basis.
4.2 You must pass a minimum of 10 practice tests before taking your theory test to be
eligible for a free retest.
4.3 If you fail the theory test, you will be entitled to a free retest on condition that you sat and
failed theory test and did not miss your booked appointment (for any reason).
4.4 You will not be entitled to the free retest if you failed the hazard perception part of the
theory test and all retests must be paid for in full.
4.5 Practice tests must be completed within 30 days of booking.
4.6 You must not (except as may be allowed by any applicable law which is incapable of
exclusion):
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror,
republish, download, display, transmit, or distribute all or any portion of the
services or the materials on the site in any form or media or by any means; or
(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce
to human-perceivable form all or any part of the services; or
(c) access all or any part of the services in order to build a product or service which
competes with the services; or
(d) use the services to provide services to third parties; or
(e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or
otherwise commercially exploit, or otherwise make the services available to any
third party, or
(f) attempt to obtain, or assist third parties in obtaining, access to the services.

5. Your rights to make changes
If you wish to make a change to your booking, please contact us. We will let you know if
the change is possible.

6. Our rights to make changes
6.1 We may change the practice tests to reflect changes in relevant laws and regulatory
requirements or to implement minor technical adjustments and improvements.
6.2 We may change the date and time of your booking if the venue, time or date becomes
unavailable.
7. Attending the test centre
7.1 You must attend the test centre at the time and on the day your theory test has been
booked.
7.2 You must take a valid signed UK (or Northern Ireland) photocard licence with you to the
test centre. Both the photocard licence and paper counterpart must be presented. If you
do not have a photocard card licence, you must take your old style valid signed UK (or
Northern Ireland) paper driving licence and a valid passport.
7.3 If the theory test is delayed or cancelled by an event outside our control then we will
contact you as soon as possible to let you know. We will not be liable for delays or changes caused
by such events, but if there is a risk of substantial delay you may contact us to reschedule the test free of charge.
8. Your rights to end the contract
8.1 For most products bought online you have a legal right to change your mind within 14
days and receive a refund. Subject to clauses 8.2, 8.3 and 8.4, you can cancel or
amend your booking at any time.
8.2 You agree to waive your right to a 14-day cooling-off period in relation to digital content, ebooks and access to online practice materials.
8.3 If your driving theory test is due to take place within 3 full working days, you can cancel
the booking but you will not be entitled to a refund (e.g. if your test is due to take place
on a Friday, the latest you can cancel is the Monday before). You will not be able to
amend the booking at this stage.
8.4 If your driving theory test is due to take place in more than 3 full working days, you can
cancel or amend the booking subject to payment of an administration fee of £20 for the access of the online test materials and PDF downloads.
9. How to end the contract with us
To end the contract with us, please email customer services on
at [email protected]eorytest.co. Please provide your name, home address, details of
the order and, where available, your phone number and email address.

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To Optional Checking Service ([email protected]):

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate

10. Our rights to end the contract
10.1 We may cancel a theory test if you do not make any payment to us when it is due.10.2 If we end the contract in the situations set out in clause 10.110.1 we will refund any
money you have paid in advance for products we have not provided but we may deduct
or charge you reasonable compensation for the net costs we will incur as a result of your
breaking the contract.
10.3 If you have any questions or complaints about our website, please contact us. You can
contact our customer service team at
[email protected]
11. Price and payment
11.1 The price of the tests (which includes VAT) will be the price indicated on the order pages
when you placed your order.
11.2 We accept payment by Paypal and all major credit and debit cards. You must pay for the
theory test at the time that it is booked. We will not be in a position to confirm your
booking until the correct fee has been paid in full.
12. Our responsibility for loss or damage suffered by you
12.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer
that is a foreseeable result of our breaking this contract or our failing to use reasonable
care and skill.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do
so. This includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights.
12.3 We only organise tests for domestic and private users. If you use our services for any
commercial, business or re-sale purpose we will have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
13.1 We will only use your personal information as set out in our [LINK TO PRIVACY
POLICY].
14. Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation.
14.2 You may only transfer your rights or your obligations under these terms to another
person if we agree to this in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce
any of its terms.

14.4 Each of the paragraphs of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs will remain in
full force and effect.
14.5 If we do not insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking this contract,
that will not mean that you do not have to do those things and it will not prevent us taking
steps against you at a later date. For example, if you miss a payment and we do not
chase you but we continue to provide the products, we can still require you to make the
payment at a later date.
14.6 These terms are governed by English law and you can bring legal proceedings in
respect of the products in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the products in either the Scottish or the English courts. If you
live in Northern Ireland you can bring legal proceedings in respect of the products in
either the Northern Irish or the English courts.