You are about to submit the exam performance video (the “Exam Video”) for a candidate taking an exam with Trinity College London (“Trinity”, “us” or “we”). You may be the candidate submitting your own Exam Video or you may be the candidate’s parent, guardian, teacher, educational centre representative or other such person submitting the candidate’s Exam Video. If you are under 18 years, your parent or legal guardian or a person acting with their consent must submit the Exam Video on your behalf. These Submission Terms, set out the terms on which you submit the Exam Video to Trinity. By submitting the Exam Video, you agree to comply with these Submission Terms. We recommend that you read these Submission Terms carefully before you submit the Exam Video to Trinity and keep a paper/electronic copy for your records. If you do not accept these Submission Terms then please refrain from submitting the Exam Video and get in touch with your usual Trinity representative.
We reserve the right to update these Submission Terms at any time. If we do so, we will publish the amended version here. Every time you wish to submit an Exam Video, please check these Submission Terms to ensure that you are aware of the terms that apply at the time of your submission. The amended Submission Terms will take effect from the time that they are published.
In addition to these Submission Terms, there are other Trinity terms and policies which may also apply to the submission of the Exam Video such as the privacy statement for exam candidates (as described further in paragraph 5 below), as well as the relevant exam booking terms and conditions that apply to the booking of the exam for the candidate (for example, these booking terms and conditions if the candidate’s exam was booked online from this webpage or these booking terms and conditions if the candidate’s exam was booked from this webpage). Trinity’s policies can be found on our website here.
Save as expressly provided by Trinity in these Submission Terms (see paragraph 3 below), no other terms are implied by trade, custom, practice or course of dealing.
We are Trinity College London, the international exam board for performing arts and English language qualifications, a registered charity with registration numbers 1014792 (England and Wales) and SC049143 (Scotland) and a private company limited by guarantee registered with company registration number 02683033 in England. Our registered office is at Blue Fin Building, 110 Southwark Street, London SE1 0TA.
Trinity has contracted with Submittable Holdings, Inc. (a company registered in Delaware, United States under registration number 5867308, the registered office of which is at 111 N. Higgins Ave, Suite #200 Missoula, MT, USA 59802) (“Submittable”) to provide a submission platform for Exam Videos to be submitted to Trinity. Submittable has its own terms that apply to individuals who use the Submittable platform to submit content. Submittable will make these terms available to you when you submit the Exam Video and these will also apply to your use of the Submittable submission platform and the submission of your Exam Video. Submittable will also send you automated emails in relation to your submission, for example, an automated email to acknowledge the submission.
Trinity makes no representations, warranties or guarantees (whether express or implied) in relation to, and is not liable for, any act or failure to act by Submittable and the functioning of the Submittable submission platform. We assume no responsibility, and are not liable, for any damages resulting from any spyware or viruses, worms, time-bombs, keystroke loggers, cancelbots, "Trojan Horses" or anything else that may infect your computer equipment or other property resulting from your access to, use of, or downloading of any materials, data, text, images, video, or audio from the submission platform. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.
We reserve the right to provide a different submission platform at our discretion or modify or change the exam process altogether. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the exam process including the process of submission of an Exam Video.
You are responsible for ensuring that the Exam Video you submit meets any specifications for Exam Videos and their submission as published by Trinity from time to time and is submitted within a period of 4 weeks from the date of the booking confirmation for your exam booking. Where you submit the Exam Video on behalf of a candidate, you should ensure that you have the candidate’s or, where the candidate is under 18 years, the candidate’s parent’s/guardian’s consent to do so. Please remember that once the Exam Video has been submitted for marking you cannot make any changes, and any issues may delay the exam result.
You are also responsible for the content of the Exam Video. You must not submit an Exam Video that (a) breaches a third party’s rights including intellectual property rights; (b) is unlawful, tortious, obscene, indecent, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that would be considered a criminal offence, gives rise to civil liability, violates any law, supports terrorism or is otherwise inappropriate; (c) post advertisements or solicitations of business; (d) contains or transmits any viruses, worms, Trojan horses, ‘spyware’ programs and other harmful or malicious code, files, scripts, agents or programs; or (e) impersonates another person.
You are also responsible for maintaining the security of your account and password opened with Submittable on the Submittable submission platform. We are not liable for any loss or damage resulting from you sharing or otherwise making known to others your credentials for accessing your account. You are liable for all actions taken through use of your account and/or password. You must notify us immediately if you suspect any unauthorised use of your account or access to your password.
You must not use the Submittable submission platform for any unlawful purpose and must not in any way access, use, or copy any portion of the Submittable submission platform or its features to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with Trinity’s or Submittable’s products and services or to disparage Trinity or Submittable or their respective products or services. You must not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Submittable submission platform or any portion of it. You must not copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Submittable submission platform. You must not misrepresent the identity or age of yourself or the candidate or conduct fraudulent activities on or through the Submittable submission platform.
We will not tolerate any cheating, unfair practice or breach of Trinity’s rules and regulations by candidates or centres. Candidates found to have committed any such conduct will, at Trinity’s discretion, be disqualified. Centres found to have committed or colluded in any such conduct will, at Trinity’s discretion, be de-registered and affected candidates will have their results voided.
In relation to the submission process, we are the data controller and will collect and use the candidate’s personal information. This personal information includes the candidate’s name and the Exam Video. We will use this personal information in accordance with our privacy statement for exam candidates in order to enable the candidate’s performance in the Exam Video to be submitted to Trinity online and assessed as part of the exam process. Where you are submitting the Exam Video on behalf of a candidate, you agree to inform the candidate that their personal information is being provided to us and bring our privacy statement for exam candidates to their attention.
Where you use your account with Submittable for a purpose that is not related to the submission of the Exam Video to us (for example to submit content to another organisation), Trinity is not the data controller in relation to this use. Another party is the data controller in relation to this use of your account with Submittable and you should refer to their privacy statement for further information about how your personal information is collected and used.
Trinity retains its rights to all Trinity logos, trademarks and other intellectual property appearing on the submission site and in use as part of the exam process.
You and/or the candidate (as appropriate) retain the intellectual property rights that you own in relation to the Exam Video. By submitting the Exam Video to Trinity you and/or the candidate (as appropriate) automatically grant us a royalty-free, worldwide, perpetual and irrevocable right and license to use, reproduce, modify, adapt, publish, display, translate, transfer and distribute the Exam Video and its content, in whole or in part and/or to incorporate it in other works in any form, media or technology now known or developed in the future to the extent reasonably required by Trinity in relation to the exam process (in which case you grant us an exclusive right and licence to do so) and for training, standardisation, market support and research purposes (in which case you provide us a non-exclusive right and licence to do so). Where you submit the Exam Video on behalf of the candidate, you confirm that you have procured that the candidate provides the right and licence to Trinity as set out in the preceding sentence.
If you have any questions, complaints or comments concerning the submission process or these Submission Terms or if you require any support in relation to your submission (including if you encounter any technical difficulties) please contact your usual Trinity representative.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Submission Terms that is caused by events outside our reasonable control (Force Majeure Event).
If we fail to insist upon strict performance of any of your obligations under these Submission Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Submission Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of these Submission Terms are invalid, unlawful or unenforceable to any extent, such provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
We have the right to revise and amend these Submission Terms from time to time.
No person or organisation, other than Trinity and you, has any rights under or in connection with these Submission Terms.
These Submission Terms are governed by and are to be construed in accordance with English law. You agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Submission Terms.
Effective date: 4 July 2023
© Trinity College London 10 October 2022 (amended 4 July 2023)