Terms and Conditions Governing Use and Access to ETS Global Website
Last updated: May 27th, 2021
This website (the “Website”) is edited by Educational Testing Service Global B.V. (“ETS Global”), a Dutch company with a capital of 18,000 EUR, registered at the Dutch Trade Register of the Chamber of Commerce under number 34153484, with address at Strawinskylaan 929, 1077 XX Amsterdam, The Netherlands, legally represented by its Managing Director Mr. Jérémie Rossignol.
- Telephone number: +33 1 40 75 95 20
- Email address: contact-emea@etsglobal.org
- Publication director: Jérémie Rossignol
This Website is hosted by:
Google LLC (formerly known as Google Inc.),
1600 Amphitheatre Parkway, Mountain View, California 94043 USA
Main establishment in France:
Address: 43-45 rue Taitbout 75009 Paris, France
Trade and Companies Register of Paris: 480 969 591
VAT number: FR29480969591
Article 1 Definitions
“Applicable Law” means any national or international Law in force from time to time in the Territory.
“Candidate” means the individual registered to take a Test.
“Complementary Products and Services” means products or services designed to complement the Test Session purchase that cannot be ordered without being linked to a Test appointment.
“Date and Time Limit for Registration” means the date and/ or time when it is no longer possible to cancel a registration for a Test.
“Examinee Handbook” means the document providing useful information that test takers should know before taking a Test as: information on the test format, content, sample questions, how to get ready for the test day and test scores. This document is accessible in the “Our Tests” section as well as on the Personal Account in “My account”.
“Force Majeure Event” means any event that is unforeseeable, irresistible or beyond the reasonable control of the party concerned, 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.
“Immigration Authority” means any government authority who has the responsibility for immigration matters in the Territory.
“Intellectual Property Rights” or “Intellectual Property” means rights arising from or in respect of any and all copyrights, patents, trademarks, utility models, designs, trade and business names or domain names, rights in any object code or source code, database rights, rights in inventions, know-how, trade secrets and other confidential information, and all other intellectual property rights of a similar or corresponding character, whether or not registered or capable of registration and whether subsisting in any country, territory or part of the world together with all or any goodwill relating thereto.
“Law” means any statute, regulation, law, binding code of practice, court order, judgement or decree, direction, policy, code or other binding rule.
“Materials” means any and all documents, methodology, documentation, data, studies, reports, manuals, guides, training materials, instructions and other resources, without limitation, made available by ETS Global on the Website.
“Photograph” means the photograph of the face of each Candidate used at the time of his/her registration.
“Product(s)” means the tangible product(s) sold by ETS Global on the Website including but not limited to books, CD’s or other training materials.
“Personal Account” means the Registered User’s online account allowing the Registered User to purchase Products or Services on this Website.
“Personal Data” means any information relating to an identified or identifiable natural person.
“Registered User” means any User who has a Personal Account on this Website.
“Service(s)” means the services available on the Website, including but not limited to Test Sessions, online Tests and online Materials.
“Territory” means the country of the domicile of the Registered User.
“Test(s)” means the TOEIC® Listening and Reading Test, TOEIC® Speaking and Writing tests, TOEIC Bridge®, TOEFL IBT® (Internet-Based Testing), TOEFL ITP® (Institutional Testing Program), TOEFL Junior® Test, Test de Français International (TFI™), WorkFORCE®, and other tests which may be developed by ETS Global in the future and which are offered on this Website.
“Test Session(s)” means the test session(s) organized for the administration of the Tests.
“User” means any visitor of the Website.
“You” or “Your” means the person entering into this Agreement with ETS Global.
Article 2 Website
In addition to the Applicable Law, access and use of the Website are subject to the terms and conditions set forth herein (the “Terms of Use”). By using the Website and other websites operated by ETS Global, ETS and its respective divisions, subsidiaries and affiliates, You agree to the Terms of Use and in the Privacy Policy. If You do not agree with these Terms of Use, or with the Privacy Policy, do not use this Website. ETS Global reserves the right, at its sole discretion, to change these terms at any time. Please check these terms periodically for changes. Using this Website following the posting of changes to these terms shall constitute Your acceptance of the revised terms.
ETS Global may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. ETS Global may also impose limits on certain features and services or restrict Your access to parts of or the entire Website without notice or liability.
Article 3 ETS Global Content
The Website is protected by applicable law. The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (the “Contents”), are the property of ETS Global or is licensed to ETS Global by ETS and are protected by the patent, copyright, trademark and trade secret laws of the European Union, United States and/or other territories. Without written permission of ETS Global BV you may not copy, store (either in hardcopy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to, or otherwise use the Contents in any manner inconsistent with the rights of ETS Global BV.
Article 4 No Warranties or Liability
THE CONTENTS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ETS GLOBAL BV OR ITS LICENSEE AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONTENTS. ETS GLOBAL BV, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ETS GLOBAL BV ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN THE CONTENTS. IN NO EVENT SHALL ETS GLOBAL AND ETS BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE OR ANY CONTENT.
Article 5 Indemnity
You agree to indemnify, defend and hold harmless ETS Global and ETS and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of claims by a third party relating to your use of this Website, or any breach or violation of the Terms of Use or any other terms and conditions contained on this Website.
Article 6 Links to other websites
Links from this Website to other websites are provided solely for your convenience. You understand that should you leave this Website via a link, the content of that third-party site is not provided or endorsed by ETS Global, and ETS Global has not reviewed or approved the terms of use or other policies governing such sites. ETS Global does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.
Article 7 Use of content, restrictions, Intellectual Property and Privacy Policy
ETS Global 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 and is incidental to the use of 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 Global's prior express written permission.
The technology underlying, and content within, the Website is owned by ETS Global and is protected by its Intellectual Property Rights or other proprietary rights. If You use the Website other than as provided above, You may violate the Applicable Law (including in relation to Intellectual Property Rights) and may be subject to penalties. ETS Global owns and retains all Intellectual Property Rights on 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 by You to ETS Global is not false or misleading;
- You will be using the Products and/or Services in the Territory;
- You will not violate any Applicable Law;
- You will not infringe in any manner any Intellectual Property Right of ETS, ETS Global or any third party.
By using this Website, You agree that ETS Global reserves the right to use your personal data and information in accordance with the Privacy Policy, which are incorporated by reference herein.
You hereby acknowledge that ETS Global shall have the right to reproduce, display and otherwise use the information that you publish on or provide via this Website, except as otherwise set forth in the Privacy Policy. ETS Global shall be free to draw inspiration from or otherwise use any ideas or concepts contained in such information.
Article 8 Control over features, functions and access to the Website
ETS Global reserves the right to change any information, features and functions of the Website without prior notice.
ETS Global may deny you access to all or part of the Website without prior notice if you engage in any conduct or activities that ETS Global determines, in its sole discretion, violates this Agreement, the rights of ETS Global or any third party, or is otherwise inappropriate. Should you consider that there is a mistake, you can contact the ETS Global at the following email address: contact-emea@etsglobal.org.
The Registered User shall indemnify ETS Global for any loss or damage arising out of or in connection with any improper use or misuse of this Website, the ETS Rights and/or the Products and Services.
Article 9 Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the Netherlands, without regard to its conflict of laws provisions. If You are a consumer having Your habitual residence outside of the Netherlands and within a member states of the European Union, such choice of law may not have the result of depriving You of the protection afforded to You by provisions that cannot be derogated from by agreement by virtue of the law of the country where You have Your habitual residence.
You agree to submit to the exclusive jurisdiction of the competent court in the Netherlands any dispute arising from these Terms and Conditions, including, without limitation, the validity, interpretation, termination, enforcement or a breach of these Terms and Conditions. If You are a consumer domiciled outside of the Netherlands and within a member state of the European Union, such choice of jurisdiction is without prejudice of Your right to benefit from the jurisdiction of the country where You are domiciled.