Terms and Conditions of Use for Consumers TERMS AND CONDITIONS OF USE FOR CONSUMERS
General
Educational Testing Service (ETS) BV (“ETS BV”) is a Dutch company, registered at the Dutch Trade Register of the Chamber of Commerce under number 34153484, for the purpose of this agreement operating through the French branch office at ETS EMEA, 66 avenue des Champs Elysées, Bât. E, 75008, Paris. This Website is hosted by Easynet (Easynet SAS, 55, Avenue des Champs Pierreux, 92000 Nanterre, France. Tel.+33(0)1.77.49.70.00, http://www.easynet.com/fr/fr/).
ETS BV is a fully owned subsidiary of Educational Testing Service (“ETS”), a non-profit corporation organized under the Education Law of New York, U.S.A., which is the publisher and owner of the examination known as the "Test of English for International Communication" or “TOEICÒ test”, and all related documentation, files, data, and any intellectual property rights therein.
ETS BV provides you with access to this Website and the services and Products available on this Website. Access to and use of this Website is governed by these Terms and Conditions of Use (referred to as the "Agreement"). By accessing or using the Website, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms. By using this Website you also represent that you are at least 18 years old to enter into a contract.
Article 1 Definitions
“Product(s)” shall mean the tangible product(s) sold by ETS BV on the Website such as books, CD’s or other training materials.
“Personal Account” shall mean the Registered User’s online account allowing the Registered User to purchase Products or Services on this Website.
“Registered User” shall mean any person who has a Personal Account on this Website.
“Service(s)” shall mean the services available on the Website, including but not limited to Test Sessions and Online Tests.
“Territory” shall mean countries included in the “Europe” store boundaries. These include Albania, Armenia, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, the Faroe Islands, Finland, Georgia, Hungary, Iceland, Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Macedonia, Malta, Moldova, Montenegro, the Netherlands, Norway, Romania, San Marino, Serbia, Slovakia, Slovenia, Sweden, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, and Vatican City.
"Test Session(s)" shall mean the test session(s) organized for the TOEIC, TOEIC Bridge, TFI and other tests which may be developed by ETS BV in the future.
“Website” shall mean this website
Article 2 Personal Use
Under this Agreement, ETS BV gives you permission to access and use the Website for your personal use, and to copy, distribute and transmit the content of the Website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Website for your personal use. You may also print a copy of the information displayed on the Website for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, Products or Services obtained by your use of the Website. This restriction means, among other things, that you may not mirror on your own website any portion of the Website or display through your own website any results pages or other information from the Website without ETS BV's prior express permission.
The technology underlying, and content within, the Website is owned by ETS and is protected by copyrights and other intellectual property or proprietary rights. If you use the Website other than as provided above, you may violate the applicable (intellectual property)legislation and may be subject to penalties. As between you and ETS BV, ETS owns and retains all ownership of the technology underlying and content within this Website, and reserves all rights not explicitly granted to you in this Agreement.
When using this Website you represent and warrant that:
- the information provided to ETS BV is not false or misleading,
- You will not violate any applicable law or regulation,
- You will not infringe in any manner any copyright, patent, trademark, or other intellectual property right of any third party.
Article 3 Trademarks
TOEIC, TOEIC® test: TEST OF ENGLISH FOR INTERNATIONAL COMMUNICTION™, TOEIC® Listening and Reading, TOEIC® Speaking and Writing tests, TOEIC® 4 skills, TOEIC Bridge™, TOEIC® Practice Online: Speaking and Writing, The TOEFL® test: TEST OF ENGLISH AS A FOREIGN LANGUAGE™, TOEFL® PBT (Paper-Based Testing), TOEFL® iBT (Internet-Based Testing), TOEFL® Practice Online, Test de Français International (TFI™), The TOEFL® ITP (Institutional Testing Programme), CriterionSM Online Writing Evaluation Service, Online Scoring Network™ (OSN), Educational Testing Service, ETS,
ETS Global BV are registered trademarks of ETS.
All rights in the Product names, company names, trade names, trademarks, graphics, logos, page headers, button icons, scripts, Product packaging, trade dress and designs of ETS whether or not appearing in large print or with the trademark symbol, belong
exclusively to ETS and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is
expressly prohibited, and nothing stated or implied on this Website confers on you any license or right under any trademark of ETS.
Article 4 Access to the e-store
You can always access ETS BV’s e-store. In order to purchase Products or Services on ETS BV’s e-store you must be a Registered User and create a Personal Account.
When the conditions required for registration are met, you will be assigned a password and login. These password and login are strictly private and confidential and must not be passed on or shared with any third parties.
Article 5 Disclaimer of Warranties and limitation of liability
This Website is provided by ETS BV on an "as is" and "as available" basis. ETS BV makes no representations and warranties of any kind, express or implied as to the operation of this Website or the information, content, products and services provided on or through
this site.
ETS BV disclaims all warranties as to the non-functioning, non-availability or adverse conditions of usage of the Website resulting from incorrect hardware, problems experienced by the user’s Internet service provider or disruption of the Internet networks or for any other reasons outside the control of ETS BV.
Under these conditions, ETS BV does not guarantee that the Website shall function without interruption or error. In particular, the use of the Website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, ETS BV shall inform its users prior to maintenance works or updates.
Article 6 Privacy and Data Collection
ETS BV’s information practices are further described in its Privacy Policy. ETS BV’s privacy policy is part of this Agreement, and you hereby give your unequivocally consent for any data collected by ETS BV from your use of the Website to be used by ETS BV in accordance with its Privacy Policy. For more detailed information on our Privacy Policy, please access the following link:[http://www.europe.etseurope.org/home-corpo-default/legalnotices/].
You should consider any communication that you transmit to ETS BV (such as data, questions or answers, comments …) as non-confidential. You agree that ETS BV will not be liable or responsible if information that belongs to you is intercepted and used by an
unintended recipient.
Article 7 Return and Cancellation policy - Postponement
Return policy for Products
You are hereby informed that you are granted a seven (7) calendar days cooling off period from the time you receive the Products ordered to exercise your right of withdrawal, without penalty save for shipping fees for the return of the Products and without the need to provide any reason.
The right of withdrawal may no longer be exercised for Products which can be reproduced such as video or audio recordings (CDs, DVDs, software programs, Tapes) when such Products have been unsealed.
Should you wish to return a purchased Product, please inform the customer service by calling the following phone number: [+33 1 40 75 91 09].
You can return the Product within this time period, at your own expense, accompanied by your invoice and the return number provided to you by ETS BV customer service to the e-store from which you bought it. If you lose your return number ETS BV customer
service shall provide you with a new one upon request.
We suggest that you send us the Product to be returned by registered post with receipt notice requested and that you purchase insurance with the carrier for the value of the said Product. ETS BV shall not reimburse Products lost during return shipment.
Only new and complete Products will be accepted, returned in their original packaging.
Any Product that has been damaged, or has obvious sign of use or not in it’s original packaging, or packaging that has been worn beyond simply opening the Product will not be refunded.
Products which can be reproduced such as video or audio recordings (CDs, DVDs, Tapes) will not be refunded if not returned in there original sealed packaging.
In the event of non-authorized or non-conform return of Products, the merchandise will be sent back to you upon request at your expense. We will request that you send us by check or bank transfer the shipping costs amount before returning the Product to you.
You will be reimbursed [by bank transfer if payment was made by credit card or by check in other cases] at the latest within 30 calendar days from the time you inform our customer service.
Return of faulty Products
If you wish to return a Product that you consider being faulty, defective, or that has been incorrectly delivered in accordance with a valid order, you must inform customer service at the following phone number [+33 1 40 75 91 09] and be allocated with a return number.
Faulty, defective, or incorrectly delivered Products may only be returned to the e-store from which they were bought and must be received within two months from the date you received the Product. Costs in relation to the return of the Products will be reimbursed to
you.
We suggest that you send us the faulty Product by registered post with receipt notice requested and that you purchase insurance with the carrier for the value of the said Product. ETS BV shall not reimburse Products lost during return shipment.
Only new and complete Products will be accepted, returned in their original packaging.
Any Product that has been damaged, or has obvious sign of use or not in its original packaging, or packaging that has been worn beyond simply opening the Product will not be reimbursed.
Upon receipt, ETS BV will determine whether the Product is faulty, defective, or was incorrectly delivered in accordance with a valid order in line with your claims.
ETS BV will replace or reimburse any Product correctly returned in accordance with the above provisions.
In the event of non-authorized or non-conform return of Products, the merchandise will be sent back to you upon request at your expense. We will request that you send us by cheque or bank transfer the full shipping costs for returning such Products before
returning them to you.
Cancellation of Services
You are hereby informed that you are granted a seven (7) calendar days cooling off period from the time you accept the Service to cancel the Service, without penalty and without the need to provide any reason.
The right of cancellation may no longer be exercised once you have accessed the Services.
Should you wish to cancel a Service, you can go to the website and follow the cancellation process.
You will be reimbursed [by bank transfer if payment was made by credit card, or by check in other cases] at the latest within 30 calendar days from the time you inform our customer service.
Please note that:
· Any Test Session appointment cancelled more than 15 calendar days prior to the scheduled test date will be charged a cancellation fee of 20 % of the price paid.
· There are NO REFUNDS for any Test Session cancelled less than 15 calendar days prior to the scheduled test date.
· There are NO REFUNDS to a Registered User not showing up for their scheduled Test Session.
Postponement of Service
· Should you wish to postpone a scheduled Test Session appointment you may do so for up to 15 calendar days prior to the date of the scheduled Test Session by following the postponement procedure on the Website.
· No postponement is possible for a Test Session appointment postponed within less than 15 calendar days prior to the scheduled test date.
· Any Test Session postponed more than 15 calendar days prior to the scheduled test date will be charged a postponement fee of 10% of the price paid.
· For technical reasons postponement of Online Tests is not possible.
ETS BV reserves the right to cancel or postpone any Test Session without penalty.
Should ETS BV cancel or postpone a Test Session, you will be informed by e-mail at least 7 calendar days in advance of such cancellation or postponement and given the opportunity to either receive a full refund of the price paid or reschedule a new Test
Session date.
ETS BV is not responsible for any loss or damage as a result of a
cancellation/postponement of a Test Session. ETS BV shall assume no liability whatsoever in the event a Test Session is cancelled, rescheduled or postponed due to a force majeure event that renders performance of the Test Session impracticable or impossible. For purposes of this clause, a force majeure event shall include, but not be limited to: Act of God, fire, strike, governmental restrictions and/or regulations, act of war, act of terrorism, disaster; civil disorder and/or riots, suspension, and/or restriction on transportation facilities/means of transportation.
Article 8 Prices and Terms of Payment
The Registered User can purchase Products or Services by credit card [over the internet or by phone] or by any other payment method as provided for under this e-commerce solution.
Products and Services are provided in consideration of a price which is specified in the Registered User shopping cart before the Registered User checks out the Services he wishes to access, or the Products he wishes to purchase. Once the Registered User checks out and confirms his order, ETS BV shall then confirm the receipt of the order.
In any event, prices and terms of payment for various Products and Services are accessible on the Website.
ETS BV reserves the right to amend the prices and terms of payment of the Products and Services at any time, taking into consideration the evolution of the cost of such Products and Services.
The prices indicated on the Website are inclusive of taxes. The applicable taxes are those which are displayed on the screen when the address of delivery of the Product is indicated. For Products the prices indicated therein do not include delivery, the possible delivery costs are indicated to the Registered User as Products are chosen and are invoiced at the end of the order in addition to the price of the Products.
Article 9 Availability
Please note that we will honor your order when the Products are available in inventory.
In the event that one of the Products ordered is not in inventory, we will contact you no less than 5 calendar days as from your purchase order date to inform you how long it will be before we are able to deliver the Product. This delay shall not exceed 40 calendar
days from your purchase order date.
Article 10 Delivery and Risk of Loss
The Products bought on the Website will be delivered to you within 21 calendar days, in the Territory, at the address you indicate in your order. In the event that you want your Products delivered in another country where ETS BV is present, you must purchase your order through the site that corresponds to that other country.
All Products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, ETS BV. Title to Products purchased on the Website, as well as the risk of loss for such Products, passes to you when ETS BV delivers these items to the carrier.
Article 11 Control over features, functions and Access to the Website
ETS BV reserves the right to change any information, features and functions of the Website without prior notice.
ETS BV may deny you access to all or part of the Website without prior notice if you engage in any conduct or activities that ETS BV determines, in its sole discretion, violate this Agreement, the rights of ETS BV or any third party, or is otherwise inappropriate.
The Registered User shall indemnify ETS BV for any loss or damage arising out of or in connection with the use of this Website or otherwise in connection with this Agreement.
Article 12 Choice of Law, Waiver and Severability
This Agreement shall be governed by the laws of France without regard to its conflict of law provisions. ETS BV's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties; intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Article 13 Jurisdiction
You agree to submit to the exclusive jurisdiction of the competent court of France for any dispute arising from this Agreement, including, without limitation, the validity, interpretation or a breach of this Agreement.
Article 14 No Assignment
Only the Registered User that purchased a Test Session appointment will be allowed access to the Test Session.
Article 15 Force Majeure
Any delay or failure of performance by either party pursuant to this Agreement shall not be considered a breach of this Agreement if and to the extent caused by an event of force majeure, including without limitation fire, flood, earthquake, tsunami or other natural disaster, any regulation or law of any applicable governmental authority, terrorist act, act of war, civil commotion, labor disturbance, epidemic, sabotage, failure of the public utilities or international carriers. A party experiencing an event of Force Majeure, shall, as promptly as reasonable under the circumstances, notify the other party of the
occurrence of said event and make every commercially reasonable effort to find a workaround solution.
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