General terms of sale for consumers GlobalExam

These general terms of sale (the “General Terms of Sale”) present the main characteristics of the offers proposed by GlobalExam on its website at https://global-exam.com/fr (the “GlobalExam Website”). They apply to all of the offers proposed by GlobalExam to the consumers. When signing up for a GlobalExam offer, the General Terms of Sale govern the relationship between GlobalExam and the consumer (the “Customer”).

1. Presentation of GlobalExam

GlobalExam is a French société par actions simplifiée (simplified joint-stock company) with share capital of €9 338, whose registered office is located at 53 rue Fénelon, 92120 Montrouge, France, registered with the Nanterre Trade and Companies Registry under number 795 246 396.

GlobalExam’s VAT number is FR47795246396.

GlobalExam’s Customer Service department may be reached:

Through the GlobalExam Website by clicking on the “Contacts” tab.
By email at the following address: [email protected].

2. Presentation of GlobalExam offers

The GlobalExam services include two main types of offers, the “standard” offer and the “CPF” (personal training account) offer.

GlobalExam’s “standard” offer is divided into three modules (Exam module / General module / Business module).

The Exam module is available in five languages (English, Spanish, French, Chinese and German), the General module is available in six languages (English, Spanish, French, Italian, Portuguese and German), and the Business module is only available in English. The “Premium” and “Premium Plus” offers enable customers to have access to the GlobalExam Live service for video-conference lessons with teachers.

GlobalExam reserves the right, at any time, to modify the title or content of its offers, to add new offers or to delete existing offers. In the event of a modification to the content of an offer or the deletion of an offer, Customers who have subscribed to this offer will be informed 60 days before the change. They will retain the benefit of their offer until the end of their current subscription period and, during the 60-day period, will have the option of informing GlobalExam of their wish to cancel their subscription at the end of the period, in order not to switch to the new offers. After 60 days, customers who have taken out a subscription on an old offer will switch to a new offer at the time of their next renewal.

2.1. Exam module

The Exam module enables to practise with a view to obtaining qualifications in various languages. The available qualifications are detailed in the “Exam” section and in the FAQ part of the Exam Website

The Exam module is divided into three offers:

“Basic” offer

The “Basic” offer enables to have unlimited access to the Exam module’s e-learning platform and to digital content (training sessions, mock exams, revision sheets, coaching videos).

The “Basic” offer may be chosen for weekly, monthly, quarterly or annual periods.

“Premium” offer

The “Premium” offer includes the content of the “Basic” offer and provides 8 credits / month as a supplement to access group lessons via video-conference and/or individual lessons via video-conference. For managing the credits to access the video-conference classes, please refer to article 2.4.

The “Premium” offer may be chosen for monthly, quarterly or annual periods.

“Premium Plus” offer

The “Premium Plus” offer includes the content of the “Basic” offer and provides 16 credits / month as a supplement to access group lessons via video-conference and/or individual lessons via video-conference. For managing the credits to access the video-conference classes, please refer to article 2.4.

The “Premium Plus” offer may be chosen for monthly, quarterly or annual periods.

2.2. General module

The General module enables to progress depending on the level and to increase skills in various languages. The General module is divided into three offers. Each offer of this module may be chosen for monthly, quarterly or annual periods.

When signing up for an offer from the General module, the Customer also has access to the content of the Business module.

“Basic” offer

The “Basic” offer enables to have access to the specific digital content of the General and Business modules available on the GlobalExam e-learning platform (test for checking level/benchmarking test, revision sheets, exercises and simulation exercises, certificates).

“Premium” offer

The “Premium” offer may be chosen for monthly, quarterly or annual periods.

“Premium Plus” offer

The “Premium Plus” offer may be chosen for monthly, quarterly or annual periods.

2.3. Business module

The Business module offers a personalised study or development programme in English in the business field depending on the skills that the Customer intends to acquire or improve:

General skills (Hosting & Events, Emails and written texts, Project management, Grammar, Recruitment, Meetings, Telephone, Sales & Negotiations, etc.).
Job-related skills (Purchases, Sales, Communication, Human Resources, Tourism, etc.).
Industry-related skills (banking and finance, Building, IT & Cybersecurity, etc.).

The Business module is divided into three offers. Each offer of this module may be chosen for monthly, quarterly or annual periods. The content of the offers is adapted to the student’s initial level (Beginner / Intermediate / Advanced).

When signing up for an offer from the Business module, the Customer also has access to the content of the General module.

“Basic” offer

The “Basic” offer enables to have access to the specific digital content of the Business module available on the GlobalExam e-learning platform (corrected exercises, follow-up of progress, certificates).

“Premium” offer

The “Premium” offer includes the content of the “Basic” offer and provides 8 credits / month as a supplement for accessing group classes via video-conference and/or individual classes via video-conference. For managing the credits to access the video-conference classes, please refer to article 2.4.

The “Premium” offer may be chosen for monthly, quarterly or annual periods.

“Premium Plus” offer

The “Premium Plus” offer may be chosen for monthly, quarterly or annual periods.

2.4. Credits for video-conference classes

2.4.1 Obtaining credits

All of the Premium and Premium Plus offers give access to the GlobalExam “Live” service, accessible at any time from the personal area

For the Premium offers, the student has 8 credits. Students with a Premium Plus offer have 16 credits.

The credits are specific to a user and may not be transferred.

They are also monthly and may not be carried forward to the following months: if they are not used before the date of the end of validity, they will be lost.

For example, for a student purchasing an annual Premium offer on 15th of the month, the credit balance for video-conference classes will be set at 8 credits / months every 15th of the month for 12 months.

The credits give access to individual and/or group classes. Please find below the cost of the various types of video-conference classes.

Video conference lessons	Value in credits	Duration of lessons	Number of participants
Individual video-conference lessons	2	30 minutes	1
Individual video-conference lessons	4	60 minutes	1
Group video-conference lessons	1	60 minutes	Up to 6 people

2.4.2 Use of the credits

In order to book a lesson via video-conference, the student must connect to their User Account and complete a reservation request by clicking on a reservation button in the GlobalExam Live area.

Each reservation request is subject to the availability of the language teacher required at the time requested, and to a vacancy in the group classes.

GlobalExam endeavours to provide students with lesson times with the language teacher and/or at the level of language requested, at the time requested. However, availabilities may be limited and changes may take place. GlobalExam ensures that the lesson timetable is up to date. GlobalExam may in particular replace a given language teacher with another language teacher who has the same qualifications, at any time before the start of a video-conference class, without having to give grounds for this.

Upon confirmation from GlobalExam Live of the reservation request, via a message on the platform and a confirmation email, the video-conference class becomes a contractual undertaking for the student and GlobalExam. Once a class is booked, the student’s credit balance is debited.

A student may book a lesson up to two (2) hours before the start of the video-conference class.

GlobalExam may cancel any video-conference class without giving grounds. In this case, the student will be recredited automatically with the number of credits depending on the class booked

The student may cancel a video-conference class without giving grounds up to eight (8) hours before its intended start time. Where appropriate, the student will then be recredited automatically with the number of credits depending on the class booked.

If the student does not attend or only attends part of a video-conference class or cancels less than eight (8) hours before the intended start time, GlobalExam will not recredit the student with the number of credits depending on the class booked.

In order to be effective, any cancellation of a video-conference lesson must be carried out via the User Account.

2.4.3 Code of conduct during a video-conference lesson

The code of conduct of the GlobalExam Live students during the classes (“GlobalExam Live Code of Conduct”) is available here and is an integral part of these General Terms and of any Order of Services during the video-conference classes. The student undertakes to respect the GlobalExam Live Code of Conduct at all times.

GlobalExam is not responsible for the conduct of other users benefiting from the video-conference classes.

GlobalExam and/or the language teacher may exclude a student at any time from a video-conference class if such student has an inappropriate conduct and, in particular, if he/she infringes the legislation in force and/or the GlobalExam Live Code of Conduct.

3. Subscribing to GlobalExam offers

3.1. Subscribing to “standard” offers

Subscribing to GlobalExam offers requires the prior creation of a personal account on the GlobalExam Website. The terms and conditions of creating an account are specified in the General Terms of Use accessible here.

Once the personal account has been created, the Customer is asked to choose a specific subscription by selecting:

The module
The language from those available
Type of offer (for example: “Basic” or “Premium Plus”)
The period of the subscription (monthly, quarterly or annual – weekly possible for the “individual” offer of the GlobalExam module)

Once the subscription has been selected, the Customer is redirected to the purchase page of the GlobalExam Website.

Subscribing to the GlobalExam offer is complete after and subject to the payment of the offer chosen by the Customer.

Subscribing to one of the GlobalExam offers implies unreserved acceptance of the content of the General Terms of Sale.

Once the subscription has been completed, a confirmation mail is sent to the Customer. The Customer may then have immediate access to the services of the offer chosen, if required, and if he/she waives his/her right of withdrawal. Access to the GlobalExam Website and the use of the services offered by GlobalExam implies unreserved acceptance of the General Terms of Use of the GlobalExam Website accessible here.

4. Duration of GlobalExam offers

4.1. Duration of “standard” offers

The GlobalExam offers are based on the principle of a subscription for an initial period with tacit renewal for the same periods as the initial period, except when the offer is withdrawn (cf. below) and subject to confirmation of payment.

The initial period of the subscription is that chosen by the Customer when signing up for the offer. The period of the subscription may be monthly, quarterly or annual (weekly is possible for the “individual” offer of the GlobalExam module). The starting date of the subscription is the date of finalisation of the subscription completed by the payment. The subscription is tacitly renewed according to the frequency chosen on the anniversary date of the subscription, subject to confirmation of the payment for the renewed period.

The Customer may consult the expiry date of his/her subscription on the “Account” page of the GlobalExam Website.

In accordance with the provisions of article L. 215-1 of the French Consumer Code, GlobalExam informs all Users benefiting from a subscription of the upcoming expiry of their current subscription period and of their possibility to terminate their subscription if they do not wish to continue with the tacit renewal. This information is communicated in two ways:

On the invoices sent for each renewal period;
By email one month before the end of the subscription period in progress (except for weekly and monthly subscriptions).

The Customer may also terminate the subscription at any time. The terms and conditions for terminating a subscription are indicated in the General Terms of Use accessible here.

In the event of termination of a subscription, the actual termination will take place at the end of the subscription period in progress, subject to the termination being notified at least twenty-four (24) hours prior to the next renewal date. The Customer will continue to benefit from the offer until such date.

In the event of withdrawal of an offer, Customers having signed up to a subscription for this offer will be informed of the upcoming withdrawal and all subscriptions in progress will be automatically terminated at the end of the subscription periods in progress. The Customers in question will be invited to subscribe to another offer, if they so wish.

5. Price of GlobalExam offers

5.1. Price of “standard” offers

The prices of the various offers are indicated on the GlobalExam Website, and vary depending on the type of offer and the subscription period chosen.

The prices may be amended without notice. In the event of a change in price of an offer, the Customers having signed up to this offer will be informed of the upcoming change in price and will be entitled to:

Keep their subscription with the change in price. In this case, the new price will be automatically applied to the subscription at the end of the current subscription period and for the new subscription periods; or
Terminate their subscription at the end of the subscription period in progress.

The prices indicated on the GlobalExam Website are in Euros and include all taxes.

In the event that information about a price indicated on the GlobalExam Website is clearly incorrect and if this error is known or, due to the evident nature of the error, should have been known to the Customer, GlobalExam reserves the right to update the price of the subscription chosen on the basis of the correct price or to cancel the subscription by simple notification and without additional cost or compensation due by GlobalExam, other than the refund of the price paid by the Customer.

5.2. Discount codes

Discount codes may be offered, directly or indirectly, by GlobalExam.

Discount codes are subject to specific terms and conditions (term or date of validity, eligible offers, etc.) and may not be combined.

If a Customer has a discount code, he/she should complete the discount code references upon payment (cf. below).

In the event that the actual period of the subscription (with any renewals) exceeds the term of validity of the discount code, the standard price (without special offer) will be automatically applied to the subscription at the end of the validity period of the discount code and for the next subscription periods.

5.3. Prices for video course credits

Packs of video lesson credits can also be purchased in addition to a subscription. Only customers with a valid subscription can purchase credits. Prices are specified on the GlobalExam website and vary according to the number of credits purchased and the current subscription to which they are added.

Offers	Prices for Basic subscriptions	Prices for Premium subscriptions	Prices for Premium Plus subscriptions
Pack 8 credits	114,90 €	89,90 €	79,90 €
Pack 16 credits	199,90 €	159,90 €	139,90 €

Prices and pack composition are subject to change without notice. In the event of a pack price change, the new price will apply to the customer's next pack purchase.

Prices shown on the GlobalExam website are in Euros and include all taxes.

In the event that any price information mentioned on the GlobalExam site is manifestly incorrect and this error is known or, due to the obvious nature of the error, should have been known by the Customer, GlobalExam reserves the right to update the price of the packs on the basis of the correct price or to cancel the pack by simple notification and without any additional costs or compensation due by GlobalExam, other than the reimbursement of the price paid by the Customer.

If the subscription (Basic/Premium/Premium Plus) ends before the end of the validity date of the credits, the customer will still have access to the live area to use these credits.

6. Payment of GlobalExam offers

6.1. Payment of “standard” offers

The price of the subscription is debited upon the initial signing-up for an offer for the first subscription period then on each renewal date for the next subscription period.

If the Customer benefits from a discount code, he/she should complete the discount code references in the “Add a discount code” section before paying for the subscription.

Payment for the subscription may be made, as chosen, by:

Credit card (list of authorised cards indicated on the purchase page of the GlobalExam Website)
PayPal

In the event of payment by card, the Customer is asked to provide his/her bank details. The financial transaction takes place via the secure payments service provider, Stripe. Payment may also be made via Apple Pay or Google Pay.

When renewing the subscription, the PayPal account or bank account whose details were provided upon the subscription is automatically debited twenty-four (24) hours before the date of renewal. An invoice is sent automatically by email to the Customer upon each payment made.

7. Customer’s Obligations

7.1. The Customer must comply with the General Terms of Sale and undertakes, in this respect:

to communicate precise and complete information upon his/her registration/order;
to pay the price of the courses on the scheduled dates;
to inform GlobalExam of any amendment affecting the information communicated upon the registration/order taking place before the end of the courses ordered. Where appropriate, the Customer may amend this information in his/her user account;
to inform GlobalExam immediately of any loss or unauthorised use of his/her Personal Account, his/her usernames and/or password. Passwords and usernames are personal and the Customer undertakes not to disclose them. In this respect, GlobalExam may not be held liable for the use of the Customer’s usernames and password by a third party to whom he/she may have communicated them or to which they may have had access further to an error, mistake or negligence by the Customer;
to respect the instructions and guidelines given by the teachers/contributors (in particular by providing all work and corrections on the dates indicated) or by GlobalExam whether given during the training sessions or alongside them;
to respect the internal regulations and instructions shown on the Website and/or GlobalExam e-learning platform to which the Customer will have access in relation to the courses or which will be communicated directly by GlobalExam;
generally speaking, to avoid doing anything or undertaking anything that may harm the interests of GlobalExam, the contributors and the other customers.

7.2. Without prejudice to any compensation that GlobalExam may claim, GlobalExam reserves the right to suspend a Customer’s access to a course and/or to terminate as of right the General Terms of Sale in the event of:

lack of respect by the Customer of these General Terms of Sale;
lack of respect of GlobalExam’s intellectual property rights and/or those of its licensors;
multiple connections of a Customer to a course;
supply of fake information upon signing up;
total or partial lack of payment by the Customer of the price of the courses;
actions that contradict the commercial interests of GlobalExam.

8. Right of withdrawal

In accordance with the provisions of the French Consumer Code, any consumer has a period of fourteen (14) days in which to use his/her right of withdrawal of an agreement signed remotely as from the date of signature of the agreement.

In accordance with the provisions of article L. 221-28 13° of the French Consumer Code, the right of withdrawal may not be used for supply agreements of digital content without physical support materials which have started to be performed before the end of the withdrawal period and, if the agreement imposes an obligation to pay on the consumer, when:

a) The consumer has given his/her specific previous consent for the start of the agreement before expiry of the withdrawal period; and
b) The consumer has acknowledged that he/she will lose his/her right of withdrawal; and
c) The professional has provided confirmation of the consumer’s consent, in accordance with the provisions of the second paragraph of article L. 221-13.

As the services of GlobalExam consist in the supply of digital content without physical support materials (access to the GlobalExam e-learning platform), they may be immediately available, without waiting for expiry of the legal withdrawal period.

Consequently, and considering the possibility made available to Customers to test certain content of the GlobalExam platform, beforehand and free of charge for three (3) days for the Global Exam module and over a limited content for the Global General and Global Business modules, subscription to any of the offers provided by GlobalExam is subject to GlobalExam obtaining the Customer’s prior and specific consent:

a) for the performance of the agreement prior to expiry of the withdrawal period; and
b) for the waiver of his/her right of withdrawal.

Written confirmation on the two issues indicated above will be sent by GlobalExam to the Customer at the same time as the confirmation of the validation of the agreement.

9. Limitation of liability

The Customer is liable for the configuration of his/her devices for accessing the GlobalExam Website and its content and for benefiting from the services offered. He/she undertakes to use recent equipment, that does not contain any viruses and with a latest-generation updated browser.

Consequently, GlobalExam may not be held liable for:

Any direct or indirect damage caused to the Customer’s equipment when accessing the GlobalExam Website and the platform’s content.
Any indirect damage further to the use of the GlobalExam Website (such as, for example, the loss of a deal, a professional opportunity or opening).

The GlobalExam Website contains a certain number of hypertext links set up with GlobalExam’s authorisation and which redirect to other websites. However, they do not, in any event, constitute an acceptance or promotion by GlobalExam in favour of these websites or the third-party companies holding or operating them. Consequently, GlobalExam may not be held liable, in any event, for the content of third-party websites.

10. Force majeure situation

In addition to the situations referred to in the previous article, GlobalExam’s liability may not be incurred for any fault or delay in the performance of its obligations if the said fault or delay is the result of a force majeure situation as stipulated by article 1218 of the French Civil Code and case-law examples.

11. Accessibility

12. Guarantee

12.1 Compliance guarantee

In accordance with articles L. 224-25-12 and thereafter of the French Consumer Code, GlobalExam ensures the legal guarantee of compliance of the digital services and content sold on the GlobalExam Website (the “Digital Services and Content”).

In light of this guarantee and subject to the provisions of these General Terms of Sale, the Customer may request the compliance of the Digital Services and Content to which his/her subscription entitles him/her.

GlobalExam reserves the right to refuse the request for compliance, subject to providing evidence of this in writing, if such compliance is impossible or entails disproportionate costs in relation in particular to the extent of the breach of compliance and the value of the Digital Services and Content without the breach.

When the Customer requests compliance covered by the guarantee, any period of immobilisation or unavailability of the Digital Services or Content suspends the remaining guarantee until supply of it after completion of compliance.

The Digital Services and Content benefit from the legal guarantee of compliance as long as the use of them has been normal and in accordance with the General Terms of Use. All guarantees are excluded in the event of poor use, non-compliant use, negligence or lack of servicing of equipment by the Customer, or in the case of a force majeure event.

12.2 Limits

Any description of the content available on the platform of the GlobalExam Website is provided as an indication only. GlobalExam endeavours reasonably to update the information published on the GlobalExam Website but does not state or guarantee, specifically or implicitly, that the content of the GlobalExam Website is accurate, complete or up-to-date.

13. Intellectual Property

GlobalExam owns the intellectual property rights or holds the usage rights on all of the elements accessible on the Website and the GlobalExam e-learning platform, in particular the texts, images, graphics, logo, icons, sounds, software and content. In this respect, GlobalExam is and remains owner of the copyright related to the courses and all of the material and immaterial supports and documents provided/distributed during the courses. When signing up for the courses, the Customer is only granted a simple personal and non-exclusive right to access the said courses and their support materials.

The Customer undertakes not to infringe the intellectual property rights of GlobalExam and its licensors. Any reproduction, representation, amendment, publication, adaptation of all or part of the elements of the Website and/or the GlobalExam e-learning platform, by any means or process whatsoever, is prohibited, unless previously authorised in writing by GlobalExam.

Furthermore, the Customer undertakes not to infringe, in any way whatsoever, the image rights and the privacy rights of the teachers/contributors taking part in the courses.

Any unauthorised use of the Website and/or GlobalExam e-learning platform or any of its elements will be considered as an infringement and may be involved in criminal proceedings for infringement in accordance in particular with the provisions of articles L. 335-2 and thereafter of the French Intellectual Property Code.

The provisions of this article 13 will continue to apply upon termination or expiry of the agreement for any reason whatsoever.

14. Personal data

In relation to performing the General Terms of Sale, GlobalExam is required to process personal data (hereafter “Data”) regarding the Customer, as data controller.

GlobalExam undertakes, in this respect, to comply with the regulations applicable and in particular with French Act no. 78-17 of 6th January 1978 related to IT, files and freedom as amended, and EU regulation 2016/679 of 27th April 2016 related to the protection of private individuals in light of the processing of personal data and the free movement of these data (hereafter “GDPR”).

The Data collected are used exclusively by GlobalExam, and its partners for the management of the courses, follow-up of the agreement, and for commercial canvassing.

In accordance with articles 15 to 22 of the GDPR, the data subjects, after proving their identity, are entitled to a right to access, rectify, erase, object to and request the portability or limited processing of the Data about them. These rights may be used by contacting: [email protected]

For more information regarding the processing and protection of personal data by GlobalExam, the Customer may consult the GlobalExam Privacy Statement accessible here.

If the Customer no longer wishes to receive information from GlobalExam, he/she may unsubscribe by clicking on the link for that purpose in the correspondence sent by GlobalExam.

15. Disputes – Mediation

In the event of a difficulty, dispute or claim, the Customer may contact the GlobalExam Customer Services department to seek a solution:

Through the GlobalExam Website by clicking on the “Contacts” tab.
By email at the following address: [email protected].

Where no solution can be found and in accordance with its obligations, GlobalExam will send the Customer the contact details of the mediation service of which GlobalExam is a member and which the Customer may access free of charge.

16. Applicable law

The General Terms of Sale are governed by French law.

17. Miscellaneous

17.1 Language

The original version of the General Terms of Sale is drafted in French. In the event of a discrepancy or contradiction between the French version and a version in another language, the French version will prevail.

17.2 Amendments to the General Terms of Sale

As the General Terms of Sale are evolutive in nature, GlobalExam reserves the right to make amendments to the General Terms of Sale at any time and without notice. The amended General Terms of Sale will be applicable as from their online publishing on the GlobalExam Website.

In the event of a change in General Terms of Sale, the agreements signed remotely before the application of the amended General Terms of Sale will not be affected by this change and will remain governed by the General Terms of Sale applicable at the time of signature of the Agreement.

17.3 Nullity

In the event that all or part of one of the provisions of the General Terms of Sale is declared inapplicable or invalid, the said provision should be applied to the fullest extent possible or allowed and the agreement signed remotely between GlobalExam and the Customer will be amended, as possible, in order to give the best effect to the initial intention and the economic consequences for the Parties; the other provisions of the General Terms of Sale and of the agreement will remain fully applicable and will have full effect.

17.4 Waiver

No tolerance or lack of action, whether specific or tacit, by GlobalExam due to a breach by a Customer may be interpreted or deemed as constituting consent or acceptance of this infringement and of any other infringement of the same type or of another type. No tolerance or lack of action by GlobalExam in using one of its rights may constitute a waiver of its entitlement to take advantage at a later date of such right.

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