General terms and conditions
The Internet site (the « Site ») is published by the company VTEST (« VTEST »), a French simplified joint stock company with a capital of 94,800 euros registered in the Paris Trade and Companies Register under number 893 186 429, whose registered office is located at 115 rue Cardinet, 75831 Paris, France, and which is represented by its Chairman, Mr Benoit Thao.
Phone number: +33 (0)178 425 124
Director of publication: Benoit THAO
This site is hosted by :
VTEST provides you with access to this Site and the services available on this Site. Access to and use of this Site are governed by these terms and conditions of use (hereinafter referred to as the « Terms and Conditions » or the « Agreement »). By using this Site, you agree to be bound by the Agreement and acknowledge and accept its terms. By using this Site, you represent that you have the capacity to enter into a contract.
VTEST reserves the right, at its sole discretion, to change these terms and conditions of use at any time. Please review these terms and conditions regularly.
Article 1 – Definitions
« Candidates » means individuals registered to take a Test.
« 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.
« 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 Site, 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 Site.
« Territory » means the country where the Applicant is domiciled.
« You » or « Your » means the person who accesses and uses the Site.
Article 2 – Personal use
- Under this Agreement, you are authorized by VTEST to access and use the Site for your own personal use. You may copy, distribute and transmit the content of the Site solely through your browser software and in connection with your use of the Site for your own personal use. You may also print a copy of the information displayed on the Site for your personal use. Conversely, except as provided 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 Site 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 Site, 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 – Registration and taking the test
a. When registering for a VTEST exam, you guarantee that the Candidate’s name matches your name. When administering 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 4 – Compliance with the requirements of the GDPR
If you are a GDPR Controller, you will guarantee to VTEST that the data, which are used for the registration of someone else as a candidate are received lawfully in accordance to article 6 of the GDPR.
Article 5 – Waiver of warranties and limitation of liability
- This Site is provided « as is » and « as available ». VTEST makes no warranties, either explicit or implicit, as to the operation of the Site or the information, content and services offered on or through the Site.
- VTEST cannot be held responsible for the functioning of the Site. In particular, use of the Site 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 declines all responsibility for the non-functioning, unavailability or unsatisfactory conditions of use of the Site. This includes 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 shall not be liable in contract or tort and to the extent permitted by applicable law for any damages.
- 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.
Article 6 – Confidentiality and data collection
6.1. General stipulations
6.2. Photos and videos
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. 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. Applicants 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 7 – Cancellation Policy
7.1. 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.
7.2. 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.
7.3. 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 8 – Prices and terms of payment
- The Applicant 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
You agree to submit any dispute to French law without regard to its conflict of law provisions. If you are a consumer domiciled in a member state of the European Union other than France, this choice of law 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 10 – Jurisdiction
You agree to submit to the exclusive jurisdiction of the Commercial Court of Paris, France to resolve any dispute relating to this Agreement, including, but not limited to, the validity, interpretation, termination, enforcement or breach of this Agreement.
If you are a consumer domiciled in a Member State of the European Union other than France, this choice of jurisdiction is without prejudice to your rights to benefit from the law applicable in the jurisdiction of the country where you are domiciled.
Article 11 – Third Party Rights
Except as provided above, the parties confirm their intention not to assign any rights under this Agreement to any third party.
Article 12 – 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.