General Terms and Conditions
This is the official website and platform of VTest (jointly the “Websites”), a test platform operated by the company under the corporate name Burlington English Inc., a company with its registered office at 4800 N. Federal Hwy. Suite E207, Boca Raton, FL 33431 (hereinafter referred to as “Burlington English”).
Burlington English hereby provides you with any necessary information about the terms and conditions of use of the Websites (hereinafter referred to as the «Terms and Conditions» or the «Agreement»).
The use of the Websites 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.
Burlington English 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 Websites. “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 documents containing the information necessary to take a Test (including test procedures, content, preparation and delivery of test results). These documents are available on our Websites. “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 Websites and providing them to candidates. “VTest Partner” or “VP” means the third parties which are contractually bound to Burlington English, get access to the Websites 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 Burlington English, get access to the Websites 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 Websites, including, in particular, the Test Sessions according to the VTest Administration Modes. “Test(s)” refers to the Tests developed by Burlington English as well as other tests that may be developed subsequently by Burlington English and that are offered on the Websites. “Territory” means the country where the Candidate is domiciled. “You” or “Your” means the person who accesses and uses the Site.Article 2 – Intellectual Property Rights – Personal use
All content of the Websites 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 Burlington English 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 Websites, 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. Burlington English 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, Burlington English shall be entitled to claim restoration of any damage suffered. You may access and use the Websites for your own personal use and in particular, you may copy, distribute and transmit the content of the Websites solely through your browser software and in connection with your use of the Websites or you may also print a copy of the information displayed on the Websites 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 Websites for commercial purposes or other purposes without the express prior written permission of Burlington English. Subject (i) to the terms and conditions set out in this General Terms and Conditions Section and (ii) your compliance with these Terms, you are hereby granted by Burlington English a limited, personal, non-exclusive and non-transferable license to use and to display the corporate name, brand name, trademarks and logos of Burlington English. Such license of use of said material is merely intended to notify your partners, customers, clients or any other third party that you are collaborating with BURLINGTON ENGLISH about the offer of the Websites services in cooperation with the owner of the Websites, i.e. Burlington English, while such license shall automatically expire upon the expiry or termination, for any reason whatsoever, of your cooperation with Burlington English and termination of services provided therein. Except for the foregoing license, you have no other rights in the Websites or any such copyright-protected material belonging to Burlington English. In particular, you may not modify copy, edit, distribute, transmit, perform, reproduce, publish, license, create derivative works of, alter, transfer, sell or in any way exploit Burlington English’s copyright-protected material available on the Websites. Any use of such copyright- protected material for purposes other than those expressly mentioned hereinabove and/or in a way that is not compatible with the terms and conditions provided in these Terms is strictly prohibited. If you fail to fully comply with these Terms, the above license will terminate automatically and you must destroy immediately any downloaded, copied or printed copyright-protected material and refrain from any use or exploitation thereof in the future, without prejudice to Burlington English’s right to seek restoration of any damage suffered due to such breach of these Terms.- The technology behind the Websites and its content is the property of Burlington English 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.
- the information you provide to Burlington English 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 Burlington English or any third party;
- you will use the aforementioned copyright-protected material of Burlington English hereby licensed solely for the purposes mentioned in this Section and always in compliance with these General Terms and Conditions.
Article 3 – Use of Websites
During your use of the Websites, you shall not publish, transmit or dispose by other means any content and/or material that is unlawful, threatening, abusive, defamatory or express empathy, racial or other discrimination, violate any intellectual property right of Burlington English and/or 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. The material/content uploaded to the Websites shall not constitute publication or otherwise reproduction and/or transmit defamatory, offensive, obscene, indecent, inappropriate, false, misleading or illegal material or information. You acknowledge that you are exclusively and solely responsible for any content submitted by you during your browsing on the Websites, including for the legality, credibility, appropriateness, authenticity and the intellectual property rights upon any such material. Furthermore, you shall not disseminate, post and/or publish in any way any material content on the Websites that contains personal data of third-party users that may lead, directly or indirectly, to their identification as well as any unsolicited or unauthorized advertising or promotional material or any other type of promotion of products and services other than those offered through Websites and Burlington English. The aforementioned actions stand as an example and the above list of prohibitions is not exclusive. Burlington English, at its sole discretion may -but is not obligated to- occasionally check your compliance with these General Terms and Conditions. In case any act that might be regarded as potentially risky, impermissible, unlawful or, in any other way, as capable of jeopardizing the reputation or the property rights of Burlington English or any other third party rights, Burlington English reserves the right to (a) terminate access to the Websites or your account, and/or your ability to post to the Websites and (b) refuse, delete or remove any material submitted by you, with or without cause and with or without notice, for any reason whatsoever or no reason at all, or for any action that Burlington English might consider as inappropriate or disruptive to the Websites or to any other user. Burlington English also reserves its right to report to law enforcement authorities any actions that may be considered illegal. You shall be liable for any damage caused in the Websites and in Burlington English in general, arising from and/or relating to your improper or unlawful use of the Websites and the Services provided therein. Further, you agree to indemnify and hold Burlington English and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Burlington English or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Websites or the use of the Websites by any person using your credentials violates any applicable law or regulation, or the copyrights, trademark rights or other rights of Burlington English or any other third-party.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 all the relevant information on The Websites prior to the Test date.Article 6 – Data Protection
Burlington English recognizes how important is to protect your personal data of the Websites. More information about the data protection and your related rights is available at our Privacy Policy .Article 7 – Cookies Policy
Cookies are small text files that are stored by a website on an internet browser while browsing and can thereinafter be recovered in order to identify when users next visit the webpage. For more information, please visit our Cookies Settings.Article 8 – Waiver of Warranties and Limitation of Liability
The Websites is provided “as is” and “as available” and Burlington English makes no warranties, either explicit or implicit, as to the operation of the Websites or the information, content and Services offered on or through the Websites. Burlington English will proceed to any necessary actions to ensure the smooth and proper operation of the Websites, however the Websites may be interrupted at any time for reasons of maintenance, updates or technical improvements, and/or to develop its content or presentation. Burlington English will make its best efforts to inform users before proceeding with maintenance work or updates. Subject to the paragraph below, Burlington English has no responsibility for the non- functioning, unavailability or unsatisfactory conditions of use of the Websites, 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 Burlington English. Burlington English will make all commercially reasonable efforts to provide uninterrupted access to the services. However, Burlington English does not warrant availability of the services. Unavailability of the services may occur due to factors outside of Burlington English control. Burlington English reserves the right to withdraw or stop the supply of any test or service, at its sole discretion and without giving any reason. Burlington English will give reasonable notice of the test or service withdrawal to the VTest Partner and VTest Test Center. Every effort will be made not to affect the interests of candidates, certificate holders and other stakeholders. The services may be unavailable due to periodic maintenance or related reasons, and in such cases, Burlington English 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, Burlington English is not responsible for the security of Candidates’ personal belongings during Examination Sessions held at the test centers. Burlington English cannot be held responsible for any loss, theft or damage that may occur. To the maximum extent permitted by law, Burlington English, its business partners, suppliers, and other third parties associated with the Websites 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 the Websites, any websites linked to the Websites, 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 Burlington English has been advised of the possibility of such damages. If your use of the materials, information or services from the Websites 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 Burlington English to use the Authentication Photographs and Control Photographs within Burlington English and to include the Authentication Photograph in any test result reports issued by Burlington English to Candidate and to third parties upon Candidate’s request. c. The Authentication Photograph is retained by Burlington English 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. 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. e. For more information about the processing of your personal data during the provision of our Services to You, please refer to the Privacy Policy available at www.vtest.com.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.
- 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.
