The following terms and conditions are our commitments to you as you use our service. Taken with all other
information on this web site, TheoryTest.net, the terms and conditions form a contract between you and
TheoryTest.net. The information on TheoryTest.net is directed solely at those who access TheoryTest.net
from the United Kingdom and it is a condition of TheoryTest.net that you are domiciled in the UK. English
Law governs the services we offer. The laws of any other country do not apply to the information shown
on TheoryTest.net, the services offered by or on behalf of TheoryTest.net or any information relating to
our services. Access to TheoryTest.net is conditional on your agreement that English Law will govern your
contract and any disputes will be dealt with in the English courts.
Theorytest.net is a comprehensive website providing information for
your revision purposes only and is owned, maintained and operated
by Theorytest.net. The provision of such information will be referred
to as the 'Service' in the Terms and Conditions. 'Users' within
this document refers to you, the subscriber and provider of payment
for the 'Service'.
This website allows 'Users' to access the official DSA Theory
Test Question Bank
(''Crown copyright material reproduced under licence from the Driving
Standards Agency")
These Terms and Conditions govern your use of the TheoryTest.net
website and your relationship with this website. Please read them
carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not
use this website.
Theorytest.net are licensed by the Driving Standards Agency to reproduce the Official DSA UK Theory
Test Question Bank (valid for tests taken from 3rd September 2007) in our on-line mock
theory test product on the www.theorytest.net website.
Some of the content or services available on this site are only
available conditional on your purchase of a subscription or payment
of a one off charge.
Where subscription fees, access charges or other fees including
one-off charges are charged in respect of 'Services' or
access to content from this site fees shall be payable by users
in advance at the rates stipulated by us.
The 'Service' will provide access to the Official DSA Theory
Test Question Bank/ADI Part 1 Question Bank. The 'User' will have
access to the 'Service' for the period of time specified by the 'User'
Package chosen.
The account holder is responsible for their account password. If the password was
leaked, the account holder is responsible for recovering the integrity of the account by
changing the login information.
Sharing accounts is strictly forbidden. All accounts found to be logged into by multiple
users will be subject to a warning, followed by temporary suspensions that will ultimately
result in a permanently locked account.
If you wish to close/remove your account, all history of your usage, search logs,
preferences, your email and your username will be completely wiped from the database.
Users that decided to follow the account closure procedure cannot reverse this process in
anyway, nor is TheoryTest.net responsible in assisting the user in recovering a closed
account. This procedure may also be followed on Locked/Suspended accounts.
Our Theory Test booking service is available for 'Users' who wish for us to book them a
DSA / DVTA Theory Test. 'Users' should be aware that the personal information supplied by
them in the online booking form must correspond exactly with the personal information
contained in the "User's" Provisional Driving Licence. TheoryTest.net will not be responsible
for loss or inconvenience caused as a result of the use of inaccurate details supplied by a
'User'.
If TheoryTest.net book a DSA / DVTA Theory Test on behalf of a 'User', to the
requirements stated in the online booking form, TheoryTest.net will endeavour to make
further amendments as required by the 'User', however TheoryTest.net will not be held
responsible by the 'User' for any delay or loss of fee should the Test not be altered within
the cancellation or rescheduling period set by the DSA / DVTA (currently 3 clear working
days) or if the 'User' fails to attend or arrives late or produces unacceptable or
insufficient ID to take the test.
The 'Fee for booking your Theory Test' is the combined DSA / DVTA Theory Test Fee (Currently
£30.00) and the TheoryTest.net administration fee of £13.00 (£11.06 +
£1.94 VAT).
Provided we have not started to process your order, we will refund the entire 'Fee for booking your Theory Test'. Because we
process most orders shortly after receipt of instructions you must send an email straight away to
bookings@theorytest.net, quoting your User ID. Cancellation can only be accepted
if we have not already begun to process your order. Emails sent to other email addresses are not likely to be seen in time
'Users' may request a refund of the DSA / DVTA Test Fee (currently £30.00) after we have processed your order but within the
cancellation or rescheduling period provided that sufficient time is available to enable theorytest.net to request a refund from the
DSA / DVTA. In these circumstances we will already have provided the service to which our administration fee (currently £13)
applies and therefore we would not refund the administration fee element of the 'Fee for booking your Theory Test'.
'Users' should ensure that they add e-mails from TheoryTest.net to their 'safe list' within their e-mail receiving facility. This will
allow TheoryTest.net to communicate booking details or queries in a timely and efficient manner. When 'Users' confirm to using
our Test booking service they must tick the 'Check' box accepting this Agreement and by doing this 'Users' are confirming that
they have read, understood and accepted our booking conditions and associated charges. 'Users' are also accepting that the terms
of our booking conditions form the basis of any contract between TheoryTest.net and the 'User', which is subject to the English law
and the exclusive jurisdiction of the English Courts.
4. Interruptions to Service Access:
Theorytest.net are not responsible for server problems resulting
in the 'User' being unable to access their account. Theorytest.net
will endeavour to the best of its ability to limit such interruptions
to the provision of the 'Service', but will not be obliged to refund
monies in respect of temporary access limitations whether they be
the fault of Theorytest.net's service provider or the fault of Theorytest.net
itself. (Further details of 'Exclusions of Service' can be read in
Clause 9).
We reserve the right to bar 'Users' from this site on
a permanent or temporary basis at our sole discretion. Any such user
shall be notified and must not then attempt to use this Site under
any other name or through any other 'User'.
5. "DSA" Theory Test Question Bank:
Theorytest.net will endeavour to ensure that the information on
this site is accurate and complete but cannot be held responsible
for errors or omissions caused by failure of the DSA to notify
Theorytest.net of changes to the Question Bank. We do not accept
any liability arising from any inaccuracy or omission in the information
on this site.
The Database of Questions is up to date as of September 2007 (Valid for all tests from 3rd September 2007), as
provided by the "DSA". Theorytest.net cannot guarantee
that the questions accessed via the 'Service' will be the same randomly
provided questions that the 'User' may experience in the Official "DSA" Theory
Test.
6. How to access the Service:
We will require details to be entered through an online signup
form. Access to the 'Service' will be granted in the form of a
Username and Password as chosen by the 'User'. Access to the complete
Official DSA Question Bank will be granted after payment has been
successfully verified; this will require production of credit,
debit or PayPal details. Access to a limited Question Bank will
be granted upon successful registration to the site.
Provision of the required registration details may be by the 'User'
themselves, friends, family members or an employer. Theorytest.net
will not be responsible for the fraudulent use of another's credit,
debit or PayPal details. If Theorytest.net suspects fraudulent use
of credit, debit or PayPal details we reserve the right to refuse
access to our 'Service' and alert the relevant authorities.
Prior to providing card details, the cardholder must read and accept
these Terms and Conditions. If the cardholder does not agree to these
Terms and Conditions they must not continue with the purchase of
the 'Service'. Upon successful payment Theorytest.net will provide
access to the website limited by the package selected.
The package time will start from the time that access to the 'Service'
is enabled. When the package time has reached its limit, further
payment will be required in order to continue using the 'Service'.
You accept that you are solely responsible for ensuring that your
computer system meets all relevant technical specification necessary
to use this site and that your computer system is compatible with
the site.
7. Copyright, Design Rights and the Rights of Publisher
Theorytest.net and the use thereof:
"DSA" Theory
Test Questions and Answers and Hazard Perception clips are the
property of the Office of Crown Copyright, HMSO and the DSA and
are legally licensed to Theorytest.net. Should Theorytest.net suspect
that unlawful reproduction or downloading of this information has
occurred we will immediately notify and assist the relevant bodies.
All other Software, Programming, Code and Design belong to Theorytest.net.
'Users' have the right to access the 'Service' for the purpose of
learning and sitting Mock Theory and Mock Hazard Perception Tests.
All other rights are expressly reserved and Theorytest.net will
uphold these rights to the full extent of the law. No part of this
site or its contents may be reproduced for any purpose without
the permission of Theorytest.net.
8. Personal Information and the Data Protection Act:
Cardholders' and 'Users'' personal information will be protected
in strict accordance with the 1998 Data Protection Act.
Information you provide or we hold about you (whether or not under our contract (or contracts) with you) may be used by us or our agents to:
a) identify you when you contact us;
b) help identify accounts, services and/or products which you could have from us from time to time. We may do this by automatic means using a scoring system, which uses the information you have provided, any information we hold about you and information from third party agencies (including credit reference agencies).
c) help administer, and contact you about improved administration of, any accounts, services and products we have provided before, or provide now or in the future;
d) carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information;
e) help to prevent and detect fraud or loss; and
f) contact you in any way (including mail, email, phone, visit, text or multimedia messages) about products and services offered by us and selected partners. We may allow other people and organisations to use information we hold about you for the purpose of providing services you have asked for, as part of the process of selling one or more of our businesses, or if we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings. From time to time, these other people and organisations may be outside the European Economic Area in countries that do not have the same standards of protection for personal data as the UK. We may monitor and record communications with you (including phone conversations and emails) for quality assurance, legal, compliance and training purposes. We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.
9. Reliance of Service Exclusion:
Theorytest.net give no warranty as to the accuracy of answers to
questions or to the reliability of the Test results that may be obtained
from use of the 'Service'. No warranty or guarantee is given that
the 'Service' will meet the standards, expectations or needs of the
'User'. We will not be held responsible for interruptions in service
or errors in software programming or delivery. If a fault occurs,
you should report it to TheoryTest.net via our 'Support' link and
we will correct the fault as soon as possible.
10. Passing the Official "DSA" Theory Tests and
Hazard Perception Tests:
No guarantee is given that the completion and use of our 'Service'
will mean the successful passing of the Official "DSA" Theory
Test and Hazard Perception Test or Driving Test, save for the conditions outlined in point 16 of this document.
11. Liability:
No Liability will be accepted for loss or damage resulting
from the use of our 'Service'.
12. Locality and Relevance of Service:
"DSA" Theory and Hazard Perception Tests are relevant to the UK and
Northern Ireland only and should only be used for the purpose of
studying and are not intended for study in any area outside the UK
and Northern Ireland.
13. Accounts and Access to the Service:
Accounts are provided for use by one person, the 'User'. Theorytest.net
reserve the right to cancel any membership or subscription where
we have reasonable grounds to suspect that an account is being used
by more than one person or being abused in any way.
You must not misuse our system or this site. In particular, you must
not hack into, circumvent security or otherwise disrupt the operation
of our system and this site or attempt to carry out any of the foregoing.
We may collect IP addresses to help diagnose problems with our servers
and for system administration. We shall only use these addresses
for technical and tracking purposes unless otherwise required by
the law.
14. Language Accessibility:
At the time of publishing, the Theorytest.net web site and 'Service' is available in only one language.
15. Data Protection:
Theorytest.net will only use information provided for the purposes of Administration, Customer Services, Internal Marketing and
stringently tested partners. We may want to contact you about a range of discounts and special offers on other products and
services from theorytest.net and our partners. We may also want to contact you by text or by multimedia messaging service (MMS).
We will not share your information with any other third party. We may keep information provided by you the 'User' or cardholder to
contact you with notification of other services or offers. When the 'User' supplies information regarding another person they do so
with the express understanding that the other person has granted permission to do so, and they have granted authorisation to act in
this manner. Theorytest.net will not be held responsible for any breach of this understanding.
Our postal address is:
TheoryTest.net
410 Stafford Rd
Wolverhampton
WV10 6AJ
You have the right to request a copy of any information held by us, there is an administration fee of £10 for this procedure.
This must be requested in writing to the address above, signed by you. You may request us to correct any inaccuracies in the
information held on you. Such a request must be in writing, signed and sent to the address above.
Business customers
The Data Protection Act does not generally apply to companies but it does cover sole traders and partnerships. When we receive
an application for a 'Service' from a business we may perform a search with a credit reference agency on the individual company
directors or partners.
The Data Protection Act puts obligations on users of personal information and lays down principles for its use. One principle states
that information has to be processed fairly and lawfully. This means that you are entitled to know how we intend to use any
information you provide.
You can then decide whether you want to give it to us. To provide outstanding customer service we need accurate customer
information. You can help by informing us whenever your circumstances change. Organisations must lodge a notification with the
Information Commissioner describing the purposes for which they process personal information. The details are publicly available
from the Commissioner's office at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (Tel 01625 545745. Fax 01625 524510).
Alternatively, see the Commissioner's web site
(www.informationcommissioner.gov.uk).
By accepting these Terms and Conditions you are consenting to the use of your data as specified above and for these purposes
only.
16. Pass Guarantee:
Our Pass Guarantee Scheme applies to only the Theory element and not the Hazard Perception part of the Theory Test
and applies only to fully paid subscription 'Users' of our A5 package (30 Day Access), A6 package (90 Day Access) and A7 package
(120 Day Access). You must have taken at least 10 Mock Tests, and on the last three consecutive Mock Tests have achieved a score
of 100% with at least 15 minutes remaining on each Test timer. If you then fail the multi-choice element of your Theory Test
we will pay for your next Theory Test provided you post your original failure report to
TheoryTest.net
410 Stafford Rd
Wolverhampton
WV10 6AJ
We recommend that you post your original failure report by Special or Recorded Delivery. Theorytest.net cannot be held
responsible for lost or defaced documents.
If we feel that your claim is valid, Theorytest.net will book you a new DSA / DVTA Theory Test and inform you of the time and
date by email or phone at our expense. Only one claim per customer. Our decision is final.
17. Intellectual Property:
All information, design, text, pictures and graphics contained in this web site and the selection and arrangement of them and all
other material on this web site are copyright to "Theorytest.net" unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.
Infringement of any of the copyright in this web site and/or the materials associated with this web site may lead to criminal and/or
civil sanctions in the UK, US and other countries.
Permission is granted for the 'User' to electronically copy and to print hard copy portions of this web site for the sole purpose of
using this web site as a research and information resource for personal purposes only on condition that the 'User' agrees not to
change and/or delete any content, web design and/or layout contained in that material. Any other use of materials on this web site,
including modification, distribution or republication, is strictly prohibited.
18. Hyperlinking:
It is our policy to obtain permission to link to other websites.
Theory Test.net is not responsible for the content or reliability
of any linked websites and does not necessarily endorse the views
expressed within them. Listing should not be seen as endorsement
of any kind. We cannot guarantee that links will work all of the
time and we have no control over the availability of linked pages.
19. Virus Protection:
TheoryTest.net makes every effort to check and test material at
all stages of production. It is always wise for 'Users' to run
an anti-virus programme on all material downloaded from the web.
TheoryTest.net will not accept any liability for any loss, disruption
or damage to your data or your computer system which may occur whilst
using material from this website.
20. Prize Draw
Theorytest.net from time to time offer an online prize draw which has free web entry.
Winners will be drawn on the last day of each month and will be notified via email and/or
phone. The prize draw is limited to one entry per 'User' and is not open to any of
Theorytest.net's employees and their families.
In all matters, the decision of the Theorytest.net shall be final and no
correspondence or discussion shall be entered into.
21. Customer Complaints
We endeavour to respond to all complaints within five working days. Any 'Users' wishing to complain about any of our services
may do so by contacting us via the details shown on the contact us page.
Please provide your full name, address, telephone numbers and your transaction reference if you have placed an order or your
unique User ID should you have one.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CUSTOMER
22. Indemnification
You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers,
directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third
party due to or arising out of your use of the Services, the violation of these Terms of Use by you, or the
infringement by you of any intellectual property or other right of any other person or entity.
23. Legal Jurisdiction:
These terms and conditions and the 'Service' itself are governed
by English Law and by accepting these Terms and Conditions 'Users' are submitting to
the exclusive jurisdiction of the Courts of England in the event of a dispute.
24. Amendments to Terms and Conditions:
Theorytest.net may update these Terms and Conditions, the format and content of this
site from time to time. If you continue to use this website after the date on which changes
come into effect, your use of the website will indicate your agreement to be bound by the
new Terms and Conditions. You should check these terms and conditions each time you
revisit this site. The use of this site and the purchase of any goods from this site is
governed by these terms and conditions.
Access to this site may be suspended, restricted or terminated at any time.
