Terms and Conditions

Last updated: 2023-10-03


VIVO Group a limited liability company under Belgian law with registered office at Kasteelstraat 62,3360 Korbeek-Lo, Belgium, registered under company registration number 0778676507 (RLE Leuven), with trade name “certN” (hereinafter: “certN,” “certN.global” “us,” “we,” or “our”) which operates the Website reachable with the certN.global domain and sub-domains. These Terms and Conditions applies to all services and products offered on certN.global and its sub-domains. You should be aware that certN cannot be held responsible for the Terms and Conditions of other websites and sources.

This Agreement contains a mandatory arbitration provision that, as further set forth 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.

Definitions

For purposes of these Terms and Conditions, in addition to terms defined elsewhere in this document, the following defined terms shall have the meanings set forth below:

General provisions for using the Website and services

By creating an account on certN, you provide your consent with the general provisions of these 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. It is understood and agreed that these general provisions should be read in conjunction with, and in the context of, any specific provisions contained elsewhere in these Terms and Conditions.

Nature of the service

The user can use this platform to receive information about and get access to exam and certification services.

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

Information submitted through the Website

Your Submission of information through the Website is governed by the Privacy Policy.

You represent and warrant that any information you provide in connection with the Website 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 account 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 their account. certN may terminate accounts at its sole discretion for any violation of these requirements or those mentioned in the Exam Regulations.

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

Changes to this Agreement

We may change this Agreement from time to time. You will be informed of important changes, 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 Website. 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 Website (including access to the Website via any third-party links), charge, modify or waive any fees (which shall remain free for the foreseeable future) required to use the Website or offer opportunities to some or all Website users.

Jurisdictional issues

The Website 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 Website may not be appropriate or available for use in some jurisdictions. Any use of the Website is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Website’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 Website, you must not:

License

If you provide to us any ideas, proposals, suggestions, or other materials through any means (“Feedback”), whether related to the Website 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 Website, 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 Website, you may view any portion of the Website 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 Website, which is protected by proprietary rights and laws. Our trade names, trademarks, and service marks include certN, certN.global, VIVO group, and any associated logos. All trade names, trademarks, service marks, and logos on the Website 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 Website 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.

Third-party materials and links

Certain Website 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 Website at any time. In addition, the availability of any Third Party Materials through the Website 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 Website 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 Website 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 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 Website, we do not guarantee that the Website is or will remain updated, complete, correct, or secure or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website. 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 Website.

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 Website 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 Website or any products or third party materials is to stop using the Website; 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 Website but no more than 100 EUR. 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 Website (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 Website and/or services 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 Website 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 and arbitration

The terms of this Agreement are governed by the laws of Belgium without regard to its principles of conflicts of law, 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 on 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 agree 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 the 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 Website 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.

Provisions specific to using services related to the certification process

By registering an exam voucher through any of the certN services, you provide your consent with the Provisions specific to using services related the certification process of these 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.

Acceptance of General and Specific Exam Regulations

You agree to fully comply with and be bound by the general exam regulations as well as any specific exam regulations imposed by the IP owner. Specific exam regulations can be consulted at the certification information page. These regulations may include, but are not limited to, rules concerning exam conduct, prerequisites, retake policies, and technological requirements. The IP Owner and Accreditation Institute reserve the right to modify or implement new regulations at any time and at their sole discretion. Candidate’s continued use of the exam voucher after such changes signifies acceptance of the updated or modified regulations.

Manual ID Verification

All account holders, upon creation of their account, acknowledge and agree to participate in a manual ID verification process when called upon by the exam institute. This verification process involves appearing in a video call with their government-issued identity document to confirm and verify the authenticity of their account.

The verification procedure will be initiated at the sole discretion of the exam institute. Candidates may be selected for manual ID verification at any time and for any reason, including but not limited to concerns related to the authenticity of provided information, account security, or any other concerns related to the integrity and credibility of the examination process.

Once called upon for the manual ID verification process, account holders must comply and complete the verification within 20 business days. If an account holder does not respond or fails to participate within this period, they will be deemed non-compliant with this clause.

Account holders who refuse, neglect, or fail to participate in the manual ID verification process when called upon, or who are unable to provide genuine and verifiable proof of identity during the verification process, will be in direct violation of this clause.

Prohibition Against Unauthorized Copying and Disclosure of Exam Content

You expressly agree and guarantee that you will not copy, share, disclose, transmit, or otherwise disseminate any content, questions, answers, or other material related to the exam (“Exam Content”) in any form or by any means, to any third party, including but not limited to, other candidates, educators, or online forums. Note that the violation of this clause is also considered Fraud as described in the general exam regulations and will be sanctioned accordingly.

This prohibition applies both during and after the completion of the exam.

Duty to Inform Certification Body of Changes Affecting Certification Requirements

You accept, in case the certification is awarded to you, the obligation to inform the IP owner, Accreditation institute, and Examination institute listed on the certification information page, without delay of any circumstances, events, or changes that may affect your ability to continue fulfilling the requirements for maintaining your certification status. Such matters may include, but are not limited to, changes in professional qualifications, legal status, or violations of ethical guidelines relevant to your field or industry.

This obligation is continuous and extends for the duration of your certification validity period. Failure to promptly inform the IP owner, Accreditation institute, and Examination institute may result in sanctions as described in these Terms and Conditions.

Suspension or withdrawal of Certification and Restriction on Promotion

You accept, that in case your certificate is suspended or withdrawn, you (“Certified Person”) are obligated to immediately cease any and all promotion, advertisement, or representation of your certification status, both in print and electronic formats, including but not limited to social media platforms, professional profiles, business cards, and client or employer communications.

Consequences of not complying with the provisions specific to using the exam and certification services

Failure to comply with these provisions will result in enforceable actions being taken by the accreditation institute, exam institute, and or IP owner which may include but are not limited to suspension or revocation of your certification; and financial penalties; or legal action, which may include, but is not limited to, claims for damages, injunctive relief, and attorney’s fees.

Provisions relating to the appeal and complaint procedure

Appeal procedure

If an applicant or candidate encounters an issue related to their exam session, or any other step in the certification process that could impact the certification decision, they have the option to file an Appeal for reconsideration of any decision made by the Accreditation institute related to her/his desired certification status.

Here are the details of our appeals process:

  1. Filing an Appeal - Users can initiate the appeals process by sending a detailed email to legal@certn.global. The email should include the following information:
    • Full legal name of the candidate
    • Exam date (if applicable)
    • Exam title (if applicable)
    • Exam voucher (if applicable)
    • A comprehensive overview of the case, clearly outlining the grounds for the appeal We will confirm the receipt of the appeal within three business days.
  2. Timelines - An appeal must be filed within ten business days after the exam result has been announced. Any appeals submitted after this deadline will be considered void.
  3. Appeal Review - The Accreditation institute team will thoroughly review the facts and examine the user’s case once an appeal is received. This review process ensures a fair appeal evaluation and allows for a detailed examination of the user’s concerns. As part of the appeal procedure, the candidate will be invited to provide additional details and explanations regarding their case. This enables a comprehensive understanding of the appeal’s circumstances and assists in reaching a fair resolution.
  4. Result announcement - The Accreditation institute team will clearly communicate the appellant of the end of the appeals-handling and share the outcome of the appeal.

We are committed to addressing candidates’ concerns and ensuring that the appeals process is transparent and impartial. By providing an avenue for candidates to voice their grievances and engage in the appeals process, we aim to uphold the integrity and credibility of our examination system.

Complaint procedure

If an individual or organization would like to express his/her dissatisfaction, other than an appeal to the accreditation institute, exam institute or IP owner relating to the activities of accreditation institute, exam institute or IP owner and expects a response they have the option to file a Complaint.

Here are the details of our appeals process:

  1. Filing a complaint - Individuals and organizations can initiate the complaint process by sending a detailed email to legal@certn.global. The email should include the following information:
    • Full legal name of the Individual or organization
    • A comprehensive overview of the complaint. We will confirm the receipt of the complaint within three business days.
  2. Complaint Review - certN will thoroughly review the complaint and ensure that it is processed in a constructive, impartial and timely manner.
  3. Result announcement - certN will clearly communicate with the individual or organization about the end of the complaint-handling and share the outcome.

Provisions specific to users accessing the examiner or invigilator portal

By accessing the examiner or invigilator portal you become a contracted examiner or invigilator and provide your consent with the Provisions specific to users accessing the examiner or invigilator portal of these 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.

Impartiality

Examiners and Invigilators shall remain impartial at all times during the execution of their responsibilities. They must not engage in any behavior that compromises or could be perceived as compromising the fairness, impartiality, or integrity of the examination process.

Examiners and Invigilators are prohibited from having any financial, academic, or personal relationships with applicants or candidates that could impair, or be perceived to impair, their impartiality.

Conflict of interest

Examiners and invigilators shall disclose any potential or actual conflict of interest that may compromise the integrity or impartiality of the Certification Body’s activities. Disclosure must be made in writing via legal@certn.global as soon as the examiner or invigilator become aware of the potential conflict. Examiners and Invigilators with a conflict of interest shall not be involved in the activities in question until the matter is resolved by the Compliance Officer.

Confidentiality

Examiners and Invigilators shall treat all information obtained or created during the performance of certification activities as strictly confidential. This includes, but is not limited to, exam content, applicant or candidate details, scoring mechanisms, and operational protocols.

Examiners and Invigilators shall treat all information obtained or created during the performance of certification activities as strictly confidential. This includes, but is not limited to, exam content, applicant or candidate details, scoring mechanisms, and operational protocols.

Confidential information shall not be disclosed, disseminated, or shared with any third party, unless such disclosure is mandated by law, or written authorization has been granted by the applicant, candidate, or certified person. In cases where disclosure is required by law, Personnel shall notify the Compliance Officer at legal@certn.global immediately and cooperate fully with legal requirements.

Unauthorized disclosure of confidential information shall be deemed a severe violation of these terms and conditions and will be subject to legal action.

Certification for users with Examiner or Invigilator status

Examiners and invigilators are prohibited from applying for the certification scheme through the standard application process available to the general public. Those interested in becoming certified must contact the Compliance Officer directly to inquire about the certification process tailored for them. All communications regarding this matter should be directed to the official email address: legal@certn.global.

Upon receiving an inquiry from Personnel for certification, the Compliance Officer shall initiate a process to ensure impartiality, which may involve the establishment of an independent review panel or other mechanisms to segregate duties and responsibilities. Any attempt by Personnel to bypass this specialized application process and apply for certification through standard channels shall be deemed a violation of these terms and conditions.

Examiner skills

With using the examiner portal, examiners confirm that

Invigilator code of conduct

With the use of the invigilator portal, Invigilators confirm that:

Breach of these Terms and Conditions

In the event that Examiners or Invigilators fails to perform any of its obligations under these Terms and Conditions or is in breach of any warranty or representation herein, the IP owner, Accreditation Institute, and Examination Institute will take appropriate legal action. Such legal action may include, but is not limited to, seeking monetary damages, injunctive relief, or any other remedies available under applicable law. The breaching Party shall also be responsible for all reasonable attorney’s fees and costs incurred by the non-breaching Party in enforcing the terms of this Agreement.

Provisions specific to purchasing digital products

By purchasing a digital product you provide your consent with the Provisions specific to users accessing the examiner or invigilator portal of these 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.

Purchases and Payments

By purchasing an exam voucher (“Voucher”), you will gain access to an exam and practice exam as detailed on the product page. This Voucher can be redeemed on the exam portal hosted by certn.global to gain access to the designated exam. To redeem a Voucher, the holder must visit certn.global’s exam portal and input the unique Voucher code. Upon successful redemption, the Voucher will be considered “Used” and will no longer be valid for any future redemption. Each Voucher can only be redeemed once and by one user only. Once redeemed, the Voucher becomes invalid for subsequent use or transfer. You are permitted to gift or resell the Voucher to another person. The receiving individual is bound by these same terms and conditions upon accepting the Voucher.

Payments for Vouchers must be made through the accepted payment methods at the time of purchase. The purchase will not be considered complete until full payment is received and verified.

Delivery

All content in the website is electronic and will be provided to you on the web. No physical product will be shipped to you, unless otherwise mentioned.

Validity of an exam voucher

Each Voucher is valid until the expiry date mentioned at the time of purchase or as indicated on the Voucher itself. Expired Vouchers are non-redeemable and non-refundable. Purchased Vouchers are freely transferable to other individuals, provided the Voucher has not been redeemed.

Right of withdrawal - Refund policy

Based on article VI.47 of the Belgian Codex of Economic law (Wetboek economisch recht) consumers have the right to withdraw from the service agreement within 14 days of purchase without giving reasons, and without having to bear any costs starting from the day the purchase was made, except for service contracts after full performance of the service if the performance has started with the express prior consent of the consumer, and provided the consumer has acknowledged that he will lose his right of withdrawal as soon as the company has fully performed the agreement (article VI.51 of the Belgian Codex of Economic law (Wetboek economisch recht)).

Taking this into account we offer the following refund policy:

You can request and receive a full refund for up to 14 days after you receive your exam voucher if the voucher has not been redeemed yet. You acknowledge that the delivery of the exam voucher or its details is the full performance of the service by certN and that your right to recall is lost. If your order contains multiple items, you can request a refund for some or all of the items in the order, in which case, each item will be subject to the conditions of its own type, as explained above.

To request a refund, fill in this English translation of the standard form and email it to us: support@certn.global

VAT calculation

The amount of VAT is calculated based on your country of tax residency and whether you are purchasing as a natural person or a business.

By placing an order, you confirm that the country you declared as your country of tax residency, and your VAT number (if any) are correct. If the information you provided do not match the payment information such as the country of issuance for your credit card, we may be obliged to ask you for additional proof.