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 You can contact us by emailing us at help@theorybooker.com .
2.2 - We are ENDURANCE MEDIA INTERNATIONAL GROUP LIMITED trading as Book Unlimited Theory Test a company registered in England and Wales. Our company registration number is 10771746 and our registered office is at ENDURANCE MEDIA INTERNATIONAL GROUP LIMITED, 20-22 Wenlock Road, London, United Kingdom, N1 7GU.
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 and will not charge you. 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.
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 to 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.
3.8 We may refer to the mock test as a practice test in any communications.

4 - The Services

4.1 We provide a software platform for carrying out practice theory tests and facilities for booking your driving theory test via the internet on a pay-per- use basis.
You must pass a practice theory test before taking your theory test to be eligible for a free retest. To pass you must get 96% out of the 50 questions correct. The practice theory will be based on the highway code and aimed towards the car theory test, even if you booked a theory test for a different vehicle, such as a motorbike.
4.2.A You will get 60 seconds to answer each question and the test must be finished within 60 minutes of it being started.
4.2.B You may only get one attempt to take the practice test, we reserve the right to offer you a resit for the practice test at a cost of £9.00. We will choose to let you resit the practice test at our own discretion and we may withdraw any offers to resit the practice test at any time.
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 7 days of booking and 2 days before your theory test, whichever is soonest.
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.
4.7 We will not be able to book your test if you provide us with invalid details, such as but not limited to email, GB driving licence number, names and date of birth. If you do provide us with invalid details we will attempt to contact you asking you to provide correct details.

5 - Your rights to make changes

5.1 If you wish to make a change to your booking, please contact us. We will let you know if the change is possible.
5.2 If you change your theory test date, practise tests must be completed within 7 days of the initial booking and 2 days before your new theory test, whichever is soonest.

6 - Our rights to make changes

6.1 We may change the practise tests to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.
6.2 We may change the location, 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 caused by such events, but if there is a risk of substantial delay you may contact us to cancel the booking and receive a refund ore 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 however personalised items are excluded from this. Your bookunlimitedtheorytest.co.uk account is personalised to you, due to it being attached to your name, licence number, etc. Your account test is also non-transferable.
However, subject to clauses 8.2, 8.3 and 8.4, you can cancel or amend your booking at any time. 8.2 Fees paid for practiceal tests cannot be refunded.
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. You must contact us to cancel your theory test. If you cancel the theory test we booked directly with the DVSA you will not be entitled to a refund.

9 - How to end the contract with us

To end the contract with us, please email us at help@theorybooker.com . Please provide your name, home address, details of the order and, where available, your phone number and email address.

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 email our customer service team at help@theorybooker.com .

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 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 Due to technical restrictions on the DVSA test booking platform, if you cancel your booking with us all bookings under your DVSA account will be cancelled. Likewise if you have an existing DVSA booking under your details platform it may get cancelled when you order a new test with us.
14.6 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.
14.7 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.