General terms and conditions
This is the official website (the “Website”) of the company under the corporate name VTest SAS, having its registered office at 115 rue Cardinet, 75831 Paris, France (“VTest”).
VTest hereby provides you with any necessary information about the terms and conditions of use of the Website (hereinafter referred to as the « Terms and Conditions » or the « Agreement »).
The use of this Website and the Platform requires that you fully agree and accept to abide by the Agreement and acknowledge and accept its terms and that you are legally capable to enter into this Agreement pursuant to the applicable laws.
VTest reserves the right, at its sole discretion, to change these terms and conditions of use at any time so, please review these terms and conditions regularly.
Article 1 – Definitions
“Candidates” means individuals registered to take a Test in the VTest platform.
“Personal Data” means any information that identifies an identified or identifiable natural person.
“Intellectual Property Rights” or “Intellectual Property” means all Intellectual Property rights arising from patents, copyrights, trademarks, designs, trade and domain names, software, inventions, know-how, trade secrets and all other confidential information, and all other Intellectual Property rights of a similar or corresponding nature, whether or not registered, or capable of registration, in the world or in any territory
“Force Majeure Event” means any event that is unforeseeable, irresistible or beyond the reasonable control of the party involved.
“Law” means all applicable statutes, regulations, laws, codes, court decisions, judgments or decrees, directives or other rules.
“Applicable Law” means any national or international law in force in the Territory.
“Candidate Handbook “means the document containing the information necessary to take a Test (including test procedures, content, preparation and delivery of test results). This document is available by clicking on the following link.
“Authentication Photograph “means the photograph collected prior to the start of a Test administration to confirm the identity of the Candidate.
“VTest Customer” means the legal entity provided with the online test services of the VTest platform and providing them to candidates.
“VTest Partner” or “VP” means the third parties which are contractually bound to VTest, get access to VTest platform and are responsible for creating and supervising their network of test centers.
“VTest Test Center” or “VC” means the third parties which are contractually bound to VTest, get access to VTest platform and are responsible for testing their candidates (universities, private companies, schools), either directly or through VTest Customers.
“VTest platform” means the medium, which hosts the administration and conduct of tests and facilitates the creation and supervision of a VTest Test centers network.
“Control Photographs” means the full-face photographs of each Candidate taken during the administration of the Test to ensure the absence of fraud.
“Service(s)” refers to the services available on the Website and the VTest platform, including, in particular, the Test Sessions according to the VTest Administration Modes.
“Test(s)” refers to the Tests developed by VTest as well as other tests that may be developed subsequently by VTest and that are offered on this Website.
“Territory” means the country where the Candidate is domiciled.
“You” or “Your” means the person who accesses and uses the Site.
Article 2 – Personal use
All content of the Website and the VTest platform and, in particular, any information and data included therein such as indicatively, patents, copyrights, trademarks, designs, trade and domain names, software, inventions, know-how, trade secrets and all other confidential information and all other intellectual property rights of a similar or corresponding nature, whether or not registered, or capable of registration, in the world or in any Territory, is property of VTest and is protected in accordance with applicable legislation, excluding any content created and/or supplied by You for which you are exclusively and solely liable. In particular, when you use the Site and/or the Platform, You shall not use any intellectual or industrial property rights or related rights of any third party without the latter’s prior written consent or approval. VTest shall have no liability against any third party in case of use or exploitation –in any way whatsoever- of the aforementioned rights of third parties. If you fail to comply with the aforementioned obligation or in case any infringement of IP rights is detected, VTest shall be entitled to claim restoration of any damage suffered. You may access and use the Website for your own personal use and in particular, you may copy, distribute and transmit the content of the Website solely through your browser software and in connection with your use of the Website or you may also print a copy of the information displayed on the Website for your personal use and purposes.
On the contrary and without prejudice to the above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information or Services obtained from your use of the Website for commercial purposes or other purposes without the express prior written permission of VTest.
- The technology behind the Site and its content is the property of VTest and is protected by intellectual property or proprietary rights. If you use the Site otherwise than in accordance with the above provisions, you may be subject to penalties for infringement of intellectual property rights.
By using this Website, you represent and warrant that:
- the information you provide to VTest is accurate and not false or misleading;
- you will use the Services in the Territory;
- you will not violate any applicable law and/or regulation;
- you will not infringe, in any way whatsoever, the copyright, trademark or other intellectual property rights of VTest or any third party.
Article 3 – Use of Website
During your use of the Website, you shall not publish, transmit or dispose by other means any content that is unlawful, threatening, abusive, defamatory or express empathy, racial or other discrimination, violate any intellectual property right of third parties, provide software viruses or any other codes, files or programs designed to damage, destroy or interfere the operation of any computer software or hardware.
You shall be liable for any damage caused in the Website and in VTest in general, arising from and/or relating to your improper or unlawful use of the Website and the Services provided therein.
Article 4 – Parties’ Roles
When you act as a VTest Partner, You directly get a dedicated access to the VTest platform as well as to the data being collected and/or accessed solely by your VTest Test Center network, including personal data of the Candidates using the platform services through your VTest Test Centers network.
VTest Partner also has the right to export secure codes and test results as well as have access to score reports, official certificates and statistics of their VTest Test center’s candidates, in order to facilitate the conduct of the tests and the operation of the platform and provide the relevant online test services.
As a VTest Test Center You get directly a dedicated access to the VTest platform as well as to the data being collected and/or accessed and/or submitted by the VTest Customers and/or Candidates and you may export secure codes and test results as well as have access to score reports, official certificates and statistics with regard to Candidates of specific VTest Customers and/or Candidates you are in contact with.
Article 5 – Registration and taking the test
a. When taking the Test, the Candidate will follow all processes to ensure the integrity of the administration of the Test, including processes to ensure his/her identity.
b. You understand that it is your responsibility to carefully read the “Useful Information about Taking a VTest Exam” prior to the Test date.
Article 6 – Data protection
Article 8 – Waiver of Warranties and Limitation of Liability
This Website is provided “as is” and “as available” and VTest makes no warranties, either explicit or implicit, as to the operation of the Website or the information, content and Services offered on or through the Website.
VTest will proceed to any necessary actions to ensure the smooth and proper operation of the Website, however the Website may be interrupted at any time for reasons of maintenance, updates or technical improvements, and/or to develop its content or presentation. VTest will make its best efforts to inform users before proceeding with maintenance work or updates.
Subject to the paragraph below, VTest has no responsibility for the non-functioning, unavailability or unsatisfactory conditions of use of the Website, including malfunctions resulting from defective or unsuitable equipment, difficulties affecting the Internet service provider, disruption or interruption of the Internet networks and/or any other reasons beyond the reasonable control of VTest.VTest will make all commercially reasonable efforts to provide uninterrupted access to the services. However, VTest does not warrant availability of the services. Unavailability of the services may occur due to factors outside of VTest’s control. The services may be unavailable due to periodic maintenance or related reasons, and in such cases VTest will take all commercially reasonable steps to restore access within a reasonable period. The term “commercially reasonable” means reasonable efforts taken in good faith without an undue or burdensome use or expenditure of time, resources, personnel or money.
VTest is not responsible for the security of Candidates’ personal belongings during Examination Sessions held at the test centers. VTest cannot be held responsible for any loss, theft or damage that may occur.
To the maximum extent permitted by law, VTest, its business partners, suppliers, and other third parties associated with the VTest platform shall not be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data, lost time or interruption, lost business or anticipated savings) arising out of or –directly or indirectly- associated with the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials or information or services available therein, whether based on warranty, contract, tort or any other legal theory and source of law and whether or not VTest has been advised of the possibility of such damages. If your use of the materials, information or services from the VTest platform results in the need for additional support, servicing or repair, you assume all costs thereof.
Article 9 – Authentication and Control Photographs
a. To ensure Candidate authentication, an Authentication Photograph may be taken prior to the start of the Test when the Test is an online proctored Test or an Onsite Test. In this case, the absence of fraud and the security of the Test are ensured by taking several control Photographs during the administration of the Test.
b. As such, you must authorize VTest to use the Authentication Photographs and Control Photographs within VTest and to include the Authentication Photograph in any test result reports issued by VTest to Candidate and to third parties upon Candidate’s request.
c. The Authentication Photograph is retained by VTest for a period of five years from the date of its submission. The Control Photographs are kept for a period of forty-eight hours from their submission when there is no suspicion of fraud. If fraud is suspected, this retention period may be extended to six months. Data may be retained for as long as necessary for legal proceedings and for purposes related to dispute resolution. VTest cannot control how long Photographs are kept by third parties who receive them at the Candidate’s request.
d. You confirm that you have given your consent for Photographs of your face to be taken and expressly waive any right to object to the use of the Photographs under the terms of this Agreement. Candidates hereby waive any and all claims, complaints, causes of action, damages or liability on the basis of any data protection or privacy rights, relating to the use of such Photographs pursuant to this Agreement.
Article 10 – Cancellation Policy
10.1. Cancellation of services
a. You have a cooling-off period of fourteen (14) calendar days from the time you accept the Service (“Cooling-off Period”). During this period, you may cancel the Service, without penalty and without having to give reasons for your decision. If you cancel during the Cancellation Period, you will be eligible for a full refund of the amounts paid for the Service. However, the transaction costs will be your responsibility and will not be refunded.
b. You acknowledge that it will be impossible for you to exercise your right of withdrawal in the following cases:
- If the purchased service has already begun and has been fully completed before the end of the Cooling Off Period (including if the Service is purchased less than 14 days before the Test Session).
- If the purchased Service consists of providing online content (Online Testing) and you have already been granted access to such content.
c. You will be reimbursed by bank transfer upon receipt of proof of bank account (RIB) and within 14 calendar days from the moment you inform VTest of your intention to return the Service concerned.
d. If you wish to cancel the purchased Service after the end of the Cancellation Period, please note that:
- There will be NO REFUND of the purchased service outside the withdrawal period.
- There will be NO REFUNDS for Test results that are not reported to Candidates due to irregularities in the testing process.
10.2. Procedure for cancellation of services
If you wish to cancel a purchased Service before the end of the Cancellation Period, simply use the cancellation form attached hereto as Appendix 1.
10.3. Changes requested by the applicant
The Candidate agrees to provide accurate personal information before and during the administration of the Test. This information allows VTest to issue official certificates. VTest will not change the information on the score report and the official certificate if the information provided by the Candidate, before and during the administration of the Test, is incorrect. In this case, the Candidate will be required to take the test again at his/her own expense.
Article 11 – Prices and terms of payment
You may purchase Services by credit card. Payment is made in cash after the order is placed.
The Services are provided in return for a price specified in the Candidate’s shopping cart before the Candidate submits the Services he or she wishes to access or purchase. Once the Candidate submits and confirms his/her order, VTest will confirm receipt of the order.
VTest reserves the right to modify the prices and terms of payment for the Services at any time, taking into account changes in the cost of the said Services.
Article 9 – Applicable Law and Jurisdiction
Without prejudice to the below, these terms and conditions are governed by French law and the courts of Paris shall be exclusively competent to resolve any dispute arising from or relating to these terms.
If you domicile in a Territory other than France, the above choice of applicable law and jurisdiction shall not result in your being deprived of the protection afforded to you by the provisions that cannot be derogated from under this Agreement by virtue of the law of the country in which you are ordinarily resident.
Article 13 – Third Party Rights
You may access third party websites through this Website and through special links, the content of which is at the sole responsibility of their respective owners. In no case will VTest be responsible for the content, validity, lawfulness, completeness and clarity of information of said websites.
Article 14 – Force majeure events
Any failure to perform or delay in performing any of the obligations of the parties to the Contract shall not be considered a breach of the Contract where the delay or failure to perform is the result of an event of Force Majeure. Any party that is the victim of an event of Force Majeure shall, as soon as possible, notify the other party of the occurrence of such an event and make every effort to find a solution to remedy the situation.
Article 15 Severability – Miscellaneous
If a provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of the Terms.
Any omission or delay of VTest to exercise its legal or contractual rights arising from these terms, shall not be construed as a waiver thereof nor shall its rights be deemed to be impaired.
All the above terms of this Agreement are considered and mutually accepted by the Parties as material.