General terms of use of the website and of the platform GlobalExam

1. Introduction

These general terms of use (the “General Terms of Use”) set forth the terms of using the https://global-exam.com/fr website and the related platform (together, the “GlobalExam Website”) offering various language training and certification content and services which vary depending on the offer chosen (the “Services”). They apply to any person accessing the GlobalExam Website, whether a simple visitor to the GlobalExam website or a user with a subscription to one of the GlobalExam offers and using the Services (together, the “Users”).

When browsing or using the GlobalExam Website, the User agrees unreservedly to comply with the General Terms of Use and undertakes to respect them.

As the General Terms of Use are evolutive by nature, they may be amended or completed at any time; the Users are therefore invited to consult them on a regular basis in order to know the version applicable which corresponds to the version accessible on the GlobalExam Website.

2. Contact us

The Customer Service & Support departments of GlobalExam are available:

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

3. Presentation of the Services

GlobalExam enables the Users to have access to certain content of the GlobalExam Website and to test certain services free of charge for a period of three (3) days for the Global Exam module and to test a limited content free of charge without any time limit for the Global General and Global Business modules.

GlobalExam also offers various fee-paying Services. The content and terms and conditions of these Services are specified on the GlobalExam Website and in the General Terms of Sale accessible here.

4. Conditions of accessing the GlobalExam Services

4.1. Creation of a personal account

Access to the Services, whether free of charge or in return for payment, and the subscription to the GlobalExam offers require the prior creation of a personal account on the GlobalExam Website. 

In order to create an account, the User is asked to communicate the following personal information:

• First name
• Email address
• Telephone number (optional)
• Password

GlobalExam also provides Users who already have a personal Facebook, Google, LinkedIn or Twitter account (a “Third-party Account”) with the possibility to create their GlobalExam account by collecting the personal information indicated above through one of their Third-party Accounts. 

The User undertakes to provide truthful, correct and complete information when creating the account. In the event that the User provides fake, incorrect, out-of-date or incomplete information, GlobalExam reserves the right to suspend or terminate the subscription and to refuse access, immediately and for the future, to all or part of the GlobalExam Website.

In the event that the information communicated during the registration process should change, the User is asked to amend his/her personal information on the GlobalExam Website immediately.

Once the information has been completed (directly or via a Third-party Account), the User may create his/her account by clicking on “Register”.

The User will then receive an email sent to the email address provided during the registration process, asking him/her to confirm the email address and his/her account.

When creating his/her personal GlobalExam account, the User may agree to be contacted to receive information about new events regarding the GlobalExam Website, his/her account, the CPF courses or other news events that may be of interest to him/her. For more information about the methods of collecting and using personal data, the User is invited to consult GlobalExam’s Privacy Statement accessible here.

Creating an account is free of charge.

4.2. Selecting a Goal

Once the personal account is created, the User is prompted to select a goal from the options offered by GlobalExam.

For the Exam section:

• The training or certification language among those offered
• The type of test/certification the User intends to prepare for
• The User's goal (target score and test date)

For the General and Business sections:

• The training language among those offered
• The level of training the User intends to follow or the specific training among those offered

Users may access services directly or via an intermediary.

In the case of access via an intermediary, the service is already pre-configured for the User during their first login. Otherwise, for direct access, the User is first offered free unlimited access to certain content and services on the GlobalExam Website.

The User can also select a paid Service by choosing:

• The type of subscription
• The duration of the subscription

Once the subscription is selected, the User will be redirected to the GlobalExam website's purchase page. For more details on payment methods, the User is encouraged to review the Terms and Conditions of Sale available here.

Subscribing to a GlobalExam offer implies unconditional acceptance of the Terms and Conditions of Sale, available here.

5. Use of the Services

5.1. Personal account

At the end of the registration process, the User has a personal account on the GlobalExam Website enabling him/her to access the content corresponding to his/her offer. 

The personal account also includes a section with the User’s statistics (number of hours, average activity score, etc.).

The User may consult the information about his/her subscription (type of offer, periodicity, date of renewal, etc.) in his/her Personal Account.

5.2. Licence of use

Subject to the reservations and conditions set forth below, GlobalExam grants the User with a temporary, revocable, non-transferable, non-assignable, non-exclusive licence to use the content of the GlobalExam Website corresponding to the offer subscribed to by the User, whether free of charge or in return for payment (depending on the Services chosen by the User).

5.3. Conditions of use

5.3.1. Personal use

The User undertakes to use the GlobalExam Website and the Services for an exclusively personal use and not for commercial purposes.

The access codes (username and password) to the GlobalExam Website are strictly personal and confidential. The User undertakes to keep his/her access codes secret and is forbidden from disclosing them in any way whatsoever to third parties. The User is also asked to log out at the end of each visit to the Website.

The User must inform GlobalExam immediately of any loss or unauthorised use of his/her Personal Account, usernames and/or password. In this respect, GlobalExam may not be held liable for the use of the User’s username or password by a third party to whom he/she has communicated them or who may have had access to them further to a fault, mistake or negligence by the User.

The access codes enable to log in using one device at a time. A simultaneous connection attempt from another device with the same access codes entails the automatic closure of the first session opened. Any use of the Services from a personal account is deemed to have been made by the holder of the account.

5.3.2. User’s equipment

Access and use of the GlobalExam Website require internet connection.

The GlobalExam Website and the related Services are compatible with the following devices:

• Computer
• Tablet
• Smartphone

For any practice in exam mode, the User must only log in using a computer.

GlobalExam recommends logging in using Google Chrome and Mozilla Firefox browsers for the best use of the GlobalExam Website.

Equipment enabling access to the Website and Services are the exclusive responsibility of the User, along with any telecommunications or internet connection costs incurred by their use.

5.3.3. User’s undertakings

When using the Services, and in particular during the classes via video-conference (one-to-one or group classes), the User undertakes:

• to respect the instructions and guidelines given by the teachers/contributors/instructors (in particular by providing all work and corrections on the dates indicated) or by GlobalExam, whether given during the courses or alongside them;
• to have a polite and courteous attitude in relation to third parties (teachers, other participants, tutors, staff from GlobalExam, etc.) ;
• not to put online, record, write or say or communicate elements or remarks that encourage discrimination, hatred of a person or group of persons due in particular to their political opinions, origin or the true or supposed membership or lack of membership of a given ethnic group, nation, race or religion or their sexual orientation.
• not to put online, record or communicate, in any way whatsoever, any publicity or promotional content, commercial solicitations, or classified adverts of any kind.
• not to infringe third-party rights (those of teachers, contributors, other participants, tutors, staff of GlobalExam, etc.).
• not to put online, record or communicate elements that are protected by intellectual or industrial property rights, in particular copyright, unless the User guarantees that he/she has obtained permission from the holder of the rights and that he/she can provide proof of this and that the putting online, recording or communication is justified for educational reasons.
• not to collect, store, or distribute personal data of a third party (teachers, contributors, other participants, tutors, staff of GlobalExam, etc.).
• not to harass, disparage or insult a third party (teachers, contributors, other participants, tutors, staff of GlobalExam, etc.) in any way whatsoever.
• not to disparage GlobalExam, its Services and its members of staff.

Moreover, when the User uses the GlobalExam Website, he/she undertakes:

• Not to hinder or disrupt the running of the Website and the related servers and networks, in particular by challenging their operation, their safety or their integrity.
• Not to use viruses, inject computer bugs or use any other form of flaw to obtain benefits or an access to protected data of the Website.
• To inform GlobalExam immediately if he/she discovers a safety flaw in the Website.
• Not to record, store or distribute the content of the GlobalExam Website to any third party.
• Not to transfer to any third party, in return for payment or free of charge, a right to use the Services of the offer subscribed (the corresponding content is strictly private).
• Not to set up any computerised or electronic process enabling third parties to access a Service unlawfully.

6. Account Deactivation

GlobalExam reserves the right to suspend any User account, as of right, without notice or compensation, temporarily or definitively, in the following situations:

• Communication of fake information upon creating the account,
• Lack of respect of the General Terms of Use,
• Lack of respect of the intellectual property rights of GlobalExam and/or its licensors,
• Lack of payment of an instalment,
• Actions that contradict the commercial interests of GlobalExam.

7. Accessibility of the GlobalExam Website

GlobalExam endeavours, where possible, to make the GlobalExam Website accessible to the Users, 7 days a week and 24 hours a day. Certain Services are however only available during certain time slots, in particular the classes by video-conference (one-to-one or group), and subject to availability, where appropriate.

In addition, GlobalExam may not guarantee that the GlobalExam Website and its content will always be available, without interruption and free from bugs or viruses. An interruption may however be decided by GlobalExam, for example, due to technical maintenance, servicing or updating of the servers; in this case, GlobalExam will endeavour to give prior information to the Users of the dates and times of the interruption and the reasons for it.

8. 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.

9. Personal Data

In relation to performing the General Terms of Use, 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.

10. Disputes – Mediation

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

• Through the GlobalExam Website by clicking on the “Contact us” 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.

11. Applicable Law

The General Terms of Use are governed by French law.

12. Miscellaneous

12.1. Language

The original version of the General Terms of Use 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.

12.2. Nullity

In the event that all or part of one of the provisions of the General Terms of Use is declared inapplicable or invalid, the said provision should be applied to the fullest extent possible or allowed and the other provisions of the General Terms of Use will remain fully applicable and will have full effect.

12.3. Waiver

No tolerance or lack of action, whether specific or tacit, by GlobalExam due to a breach by a User 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.