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General Terms and Conditions

Last updated: 2020-01-20

Professional Training Center of Excellence N.V, a limited liability company under Belgian law with registered office at Barbarastraat 13, 3120 Tremelo, Belgium, registered under company registration number 0472.646.752 (RLE Leuven), with trade name “certN” (hereinafter: “certN”, “us”, “we”, or “our”) which operates the website reachable with the following URL: certn.global. These Terms and Conditions apply to all services and products offered on certn.global. You should be aware that certN cannot be held responsible for the Terms and Conditions of other sites and sources.

By creating an account on this website you provide your consent with the specific aspects of these General Terms and Conditions, and you affirm that you are of legal age to agree to these Terms and Conditions. Whenever important changes are made to these Terms and Conditions, we will ask for your consent once again.

These terms include general provisions for taking exams and general provisions for using this website. The latter apply to all users using the website and are supplementary to the specific provisions for taking exams. To the extent that there is any contradiction between the provisions of these General Terms and Conditions and the exam specific Terms and Conditions, the provisions of these Specific Terms and Conditions for the exams shall prevail.

This agreement contains a mandatory arbitration provision that, as further set forth in section 18 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

General provisions for using this website

Nature of the service

The user can use this platform to get access to exams, and/or certificates, and/or social badges.

The user receives the right of use only, being non-exclusive, non-transferable and limited and referring only the use of the content provided on this portal.

Information submitted through the Site

Your submission of information through the Site is governed by the General Privacy Policy (http://certn.global/privacy-policy/general/) and the Privacy Policies specific to the certifications you choose to participate in.

You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed. To the extent that there is any contradiction between the provisions of this Agreement and the Privacy Policy regarding personal data, the provisions of the Privacy Policy shall prevail.

Responsibility of the users

Users are responsible for maintaining the confidentiality of their Username and Password, and for restricting access to any computer while logged in with their Username and Password. An account is strictly personal, and should not be shared or transferred to anyone else. Users agree to accept responsibility for all activities that occur under your Username and Password. certN may terminate accounts at its sole discretion for any violation of these requirements or those mentioned in the Specific Terms and Conditions of the certification which you have decided to participate in.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Online Services.

Changes to this agreement

We may change this Agreement from time to time. You will be informed of changes the next time you access the website, and you will be asked to review and confirm the new terms. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised terms on the Site. The “Last Updated” legend on top of the page indicates when these terms were last changed.

We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees (which shall remain free for the foreseeable future) required to use the Site; or offer opportunities to some or all Site users.

Jurisdictional Issues

The Site is controlled or operated (or both) from the European Economic Area, and is not intended to subject us to any jurisdiction or law outside this area. The Site may not be appropriate or available for use in some jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Rules of Conduct

In connection with the Site, you must not:

License

If you provide to us any ideas, proposals, suggestions or other materials through any means (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place certN under any fiduciary or other obligation.

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. To the extent permitted by applicable law, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Your Limited Rights

Subject to your compliance with this Agreement, and solely for so long as you are permitted by us for you to use the Site, you may view any portion of the Site to which we provide you access under this Agreement solely for your personal, non-commercial use.

certN’s Proprietary Rights

We and our suppliers own the Site, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include certN, PTCoE, and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained or made available on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Certain Site functionality may make available access to information, products, services and other materials made available by third parties (including, without limitation, through techniques such as iframes), including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control, nor endorse, nor are we responsible for any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by certN with respect to any Third Party Materials including, without limitation, any cookies or web beacons for whatever purposes pursued. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of third party materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such third party materials (such as terms of service or privacy policies of the providers of such third party materials).

Disclaimer Of Warranties

To the fullest extent permitted under applicable law: (a) the site and any products and third party materials are made available to you on an “as is,” “where is” and “where available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) certn disclaims all warranties with respect to the site and any products and third party materials, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. All disclaimers of any kind (including in this section and elsewhere in this agreement) are made for the benefit of both certn games and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “affiliated entities”), and their respective successors and assigns.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at support@certN.global with a description of such alteration and its location on the Site.

Limitation Of Liability

To the fullest extent permitted under applicable law: (a) certN will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including unauthorized interception by third parties of any submissions (b) without limiting the foregoing, we shall not be liable for damages of any kind resulting from your use of or inability to use the site or from any products or third party materials, including from any virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the site or any products or third party materials is to stop using the site; and (d) our maximum aggregate liability of for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of the total amount, if any, paid by you to us to use the site but no more than 100 eur considering use of the site is free of charge. All limitations of liability of any kind (including in this section and elsewhere in this agreement) are made for the benefit of both us and the affiliated entities, and their respective successors and assigns.

Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold us and the Affiliated Entities harmless including their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

Termination

This Agreement is effective until terminated. We may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including, without limitation, if certN determines in its sole discretion that you have not adhered to the Rules of Conduct or if certN believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and certN may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.

Governing Law; Arbitration

The terms of this Agreement are governed by the laws of Belgium without regard to its principles of conflicts of law, and regardless of your location. All disputes arising out of or related to this agreement or any aspect of the relationship between you and certn, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that you and certn are each waiving the right to trial by a jury. you agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by CEPINA by a single arbitrator in accordance with the rules of procedure of CEPINA. The place of arbitration will be Brussels, Belgium and the language of the proceedings will be English unless the parties decide otherwise. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and certN. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and certN relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and certN relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting on the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. certN will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

General provisions for taking exams

Vouchers and exams

When a user redeems an exam voucher, they get access to one or more exams. Each exam belongs to one of the following groups:

  1. Certification Exams: These are the main exams, by passing which the candidate earns a certificate.
  2. Practice Exams: These exams are for practicing before the Certification Exams, and no certificate will be issued for them.

Each exam has a limited number of attempts. The exact limit depends on the voucher, and should be confirmed with the training organization. The default limitation for attempts are as follows:

Each exam will be available to you for a limited time, according to the following conditions:

Exam specific Terms and Conditions

All information and terms specific to exams are detailed in the exam specific terms and conditions and will be presented when redeeming a voucher.

Reimbursement

Failing the exam will not entitle reimbursement of the paid examination fee.

Fraud and plagiarism

Irrelevant to the finding of fact is: whether or not the irregularity is the consequence of a deliberate choice of the user, whether or not the irregularity has lead to an unfair advantage for the parties concerned, whether or not the user decided to stop the behaviour that can be considered as an irregularity.

Fraud and plagiarism are defined as an act or omission on the part of a student, as a result of which a correct assessment of the student’s knowledge, understanding and skills is made fully or partly impossible.

The following none exhaustive list of acts are considered fraud and plagiarism: Copying and/or sharing exam questions and answers; Violating the Exam specific Terms and Conditions; Using prohibited resources during the certification exam; and Identity fraud.

In the event of Fraud and plagiarism certN might take legal action against the user.

Information or Complaints

If you have a question or complaint regarding the Site, please send an email to support@certN.global. You may also contact us by writing to Barbarastraat 13, 3120 Tremelo, Belgium.