Terms & Conditions

The following terms and conditions are our commitments to you for using our service.

Taken with all other information on this web site, TheoryTest.co.uk, the terms and conditions form a contract between you and TheoryTest.co.uk. The information on TheoryTest.co.uk is directed solely at those who access TheoryTest.co.uk from the United Kingdom and it is a condition of TheoryTest.co.uk 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.co.uk, the services offered by or on behalf of TheoryTest.co.uk or any information relating to our services. Access to TheoryTest.co.uk is conditional on your agreement that English Law will govern your contract and any disputes will be dealt with in the English courts.

1. Introduction:

TheoryTest.co.uk is a comprehensive website providing information for your revision purposes only and is owned, maintained and operated by TheoryTest.co.uk. 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 DVSA Theory Test Revision Question Bank ("Crown copyright material reproduced under licence from the Driving and Vehicle Standards Agency")

These Terms and Conditions govern your use of the TheoryTest.co.uk 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.

2. Who We Are:

NITC Ltd (registered in England and Wales, number 04955576) trading as TheoryTest.co.uk are licensed by the Driving and Vehicle Standards Agency (DVSA) to reproduce the Official DVSA Theory Test Revision Question Bank (valid for tests taken from 1st September 2011) in our on-line mock theory test product on the www.theorytest.co.uk website.

If you have any questions or comments about our Terms of Use, please contact us

NITC Ltd trading as TheoryTest.co.uk 410 Stafford Rd Wolverhampton WV10 6AJ VAT Registration number: 886905369 Data Protection number: Z9218762

3. How the paid 'Service' works and its charges:

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 DVSA Theory Test Revision Question Bank. The 'User' will have access to the 'Service' for the period of time specified by the 'User' Package chosen.

For details of the packages available please visit the subscription page. As part of the 'Service', we commit to providing the 'Users' with updated records of their progress which can be accessed online only. Results will be displayed via a scoring method on a per test, overall and per category basis to identify specific areas which may require further attention or to show specific categories of weakness. You may cancel your subscription to any fee based content and/or 'Service' by contacting us. Please note that the cancellation of a training package by a 'User' will immediately invalidate any "free" or "discounted" offer attached to the package. In such a situation We reserve the right, at our absolute discretion, to cancel any "free" test or benefit and retain any refund of fees received following such a cancellation.

For the avoidance of doubt, the DVSA Test Fees for TheoryTest bookings provided by Us to a 'User' as a Free TheoryTest will in no circumstances be refunded or paid to the 'User'.

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.co.uk 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 DVSA / 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 'Users' Provisional Driving Licence. TheoryTest.co.uk will not be responsible for loss or inconvenience caused as a result of the use of inaccurate details supplied by a 'User'.

If TheoryTest.co.uk book a DVSA / DVTA Theory Test on behalf of a 'User', to the requirements stated in the online booking form, TheoryTest.co.uk will endeavour to make further amendments as required by the 'User', however TheoryTest.co.uk 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 DVSA / 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.

TheoryTest.co.uk is an independent company; we do not administer the DVSA / DVTA Test booking system. Consequently we charge an administration fee in addition to the DVSA / DVTA Test Fee to cover our costs and time involved in making Test bookings and alterations with the DVSA / DVTA on behalf of 'Users' and to offset the costs of our service in dealing with e-mails, telephone calls and text messages to and from our 'Users' including dealing with licence advice and queries and obtaining short notice cancellations with the DVSA / DVTA on behalf of 'Users' and re-scheduling test appointments as necessary.

The 'Fee for booking your Theory Test' is the combined DVSA Theory Test and the TheoryTest.co.uk administration fee which includes VAT at the current rate.

PLEASE DO NOT PROCEED TO BOOKING A TEST IF YOU HAVE ANY DOUBTS AND DO NOT AGREE TO PAYING OUR ADMINISTRATION CHARGES.

The provision of Our Services to You is covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

These regulations govern the relationship between You and Us for the protection of both parties. We are required to:

  • Give consumers certain information prior to conclusion of the contract. (We comply with this requirement by providing these Terms and Conditions on Our Website)
  • Give consumers confirmation of the prior information in writing or in another durable medium which is available and accessible to the consumer. (We comply with this requirement by providing a copy of these Terms and Conditions attached to the order confirmation e-mail which We send to You);
  • Give consumers certain additional information (e.g. in respect of cancellation rights) (This information is included in these Terms and Conditions);
  • Refund consumers within a certain time period (Any refunds will be made as soon as possible and within 14 days of a cancellation);
  • Perform the contract within a certain time period. (Unless the parties agree otherwise, the supplier must perform the contract within 30 days from the day after the consumer sent his order to the supplier.)

Exceptions to the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - The consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following types of contract, amongst others: for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);

By using our Services you expressly agree that we will commence provision of the Service immediately upon receipt of your instructions/order and that consequently there is no option to cancel Your order to Us under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

'Users' may request a refund of the DVSA Test Fee after we have processed your order but within the cancellation or rescheduling period provided that sufficient time is available to enable TheoryTest.co.uk to request a refund from the DVSA / DVTA. In these circumstances we will already have provided the service to which our administration fee 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.co.uk to their 'safe list' within their e-mail receiving facility. This will allow TheoryTest.co.uk 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.co.uk and the 'User', which is subject to the English law and the exclusive jurisdiction of the English Courts.

4. Interruptions to Service Access:

TheoryTest.co.uk is not responsible for server problems resulting in the 'User' being unable to access their account. TheoryTest.co.uk 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 are the fault of TheoryTest.co.uk’s service provider or the fault of TheoryTest.co.uk 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. "DVSA" Official Theory Test Revision Question Bank:

TheoryTest.co.uk 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 DVSA to notify TheoryTest.co.uk 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 Official DVSA Revision Questions is up to date as of June 2013 (Valid for all tests from 1st September 2011), as provided by the "DVSA". TheoryTest.co.uk cannot guarantee that the questions accessed via the 'Service' will be the same randomly provided questions that the 'User' may experience in the Official "DVSA" 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 DVSA Theory Test Revision Question Bank will be granted after payment has been successfully verified; this will require production of credit or debit card details. Access to a limited Question Bank will be granted upon successful registration to the site under our free trial offer.

Provision of the required registration details may be by the 'User' themselves, friends, family members or an employer. TheoryTest.co.uk will not be responsible for the fraudulent use of another's credit or debit card details. If Theorytest.net suspects fraudulent use of credit or debit card 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.co.uk 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.co.uk and the use thereof:

Official DVSA Theory Test Revision Question Bank and Answers and Official DVSA Hazard Perception clips are the property of the Office of Crown Copyright, HMSO and the DVSA and are legally licensed to TheoryTest.co.uk. Should TheoryTest.co.uk 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.co.uk. '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.co.uk 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.co.uk.

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:

  • identify you when you contact us;
  • 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).
  • 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;
  • carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information;
  • help to prevent and detect fraud or loss;
  • 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.co.uk gives 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.co.uk via our 'Support' link and we will correct the fault as soon as possible.

10. Passing the Official "DVSA" 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 "DVSA" 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:

"DVSA" 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.co.uk reserves 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.co.uk web site and 'Service' is available in only one language.

15. Data Protection:

TheoryTest.co.uk 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.co.uk 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.co.uk will not be held responsible for any breach of this understanding.

Our postal address is:

NITC Ltd trading as
TheoryTest.co.uk
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.

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 Protect:

Our Pass Protect Scheme applies to only the Theory element and not the Hazard Perception part of the Theory Test. Pass Protect applies to all subscription based packages as follows:
  • 2 Star Package (7 Days Access), Money Back Guarantee if you fail the theory test. See Criteria for Claims.
  • 3 Star Package (30 Days Access), Money Back Guarantee if you fail the theory test. See Criteria for Claims.
  • 4 Star Package (90 Days Access), Up to 3 Free re-sits if you fail a theory test booked through our Theory Test Booking Service, otherwise Money Back Guarantee if you fail the theory test. See Criteria for Claims.
  • 5 Star Best Value Package (180 Days Unlimited Access), Up to 3 Free re-sits if you fail a Theory Test provided under this package. See Criteria for Claims.

Criteria for Claims

In order to be eligible for the Pass Protect Money Back Guarantee or up to 3 Free re-sits, you must meet the following requirements:
  • You must have taken at least 10 “complete mock tests” within the 14 days period immediately preceding the test date and on the last three consecutive “complete mock tests”, have achieved a score of 100% with at least 15 minutes remaining on the timer for the multiple choice element of the test.
  • You must take your official DVSA theory test within 7 days of completing your last qualifying “complete mock test”.
  • If you then fail the multiple choice element of your official DVSA theory test taken within 7 days of completing your last qualifying “complete mock test”, you must send your original failure document to us for processing.
  • If the required conditions have been met, we will refund your subscription fee or pay for up to 3 free re-sits depending on your subscription package
  • You cannot claim if:
    • you fail to take the test for any reason
    • your use of our site or your results do not meet the above criteria.
    • you fail the Hazard Perception element of the test.
If you fail the multiple-choice element of your Theory Test and you have met the Criteria for Claims, post your original failure report to: NITC Ltd trading as
TheoryTest.co.uk
Innovation House
410 Stafford Rd
Wolverhampton
WV10 6AJ

We recommend that you post your original failure report by Special or Recorded Delivery. TheoryTest.co.uk cannot be held responsible for lost or defaced documents.

If we feel that your claim is valid, TheoryTest.co.uk will refund your subscription fee or book you a new DVSA / DVTA Theory Test depending on your package and inform you of the time and date by email or phone at our expense. Our decision is final and no correspondence will be entered into.

For the 'User' to qualify for the Pass Protection scheme when taking their free re-sit, the 'User' must once again satisfy the "Criteria for Claims" as stated above for the new test.

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.co.uk " 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. TheoryTest.co.uk 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.co.uk 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.co.uk 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.co.uk from time to time offers 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.co.uk employees and their families.

In all matters, the decision of the TheoryTest.co.uk shall be final and no correspondence or discussion shall be entered into.

21. Customer Complaints:

We endeavor 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. Website Timestamps

All times throughout the site are in GMT Timezone format.

24. 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.

25. Amendments to Terms and Conditions:

TheoryTest.co.uk 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.

26. EU Online Dispute Resolution Platform:

All businesses selling goods and services online to consumers in the EU must supply a link to the EU Online Dispute Resolution Platform on their website, In compliance with our obligation under the ADR Directive of 2013 the following link provides access to the EU Online Dispute Resolution Platform: http://ec.europa.eu/consumers/odr