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English Exam Preparation App Privacy Policy

LanguageCert English Exam Preparation App Privacy Policy

  1. LanguageCert and the English Exam Preparation App (the “App”) do not process any of your personal data.
  2. The App processes non-personally identifiable information, meaning information that is recorded about our app’s users locally on the mobile, in an encrypted format, and in such a manner so that it no longer reflects or references individually-identifiable users. This information refers to user’s practice set scores and in-app behavior, and it might be collected and processed by LanguageCert and its connected parties in order to optimize the experience of the user. This kind of anonymous data is retained for statistical reasons for a period of five (5) years.
  3. The App collects anonymously technical data and analytics about your device and its operation and sends them to Google’s Firebase for development purposes. By using the App or any of the Services, you agree to us collecting and sending to Google’s Firebase technical information and analytics about the devices you use the App on and related software, hardware and peripherals in order to improve the App.
  4. Users might receive push notifications promoting the LanguageCert products. An opt-out choice is offered by the Android and the iOS Operating Systems.

LanguageCert App Terms and Conditions

These Terms and Conditions (“Terms”) apply to the use of “LanguageCert App” (the “App”), operated by the company “PeopleCert Qualifications Ltd” (121/122 Sloane Street, SW1X 9BW, London, UK), under the business name “LanguageCert, member of “PeopleCert Group” (together “PeopleCert” or “we”).

The App was designed and developed in order to help its Users to get to know, familiarize and prepare themselves for the LanguageCert products, in an entertaining way. Successful completion of any the App’s practice sets, regarding Listening, Reading, Writing or Speaking, does not guarantee success in the corresponding actual exams. The App’s practice set content is indicative of the actual’s exam. The App’s user interface is not representative of the actual exam’s user interface.

 

1. Acceptance and Conditions of Use

Registered users of LanguageCert services are required to accept these Terms. If you intend to use our App as a non-registered user, you must comply with these Terms. Both registered and non-registered users of the App are referred to in these Terms as “Users”.

If you breach any of these Terms, your authorization to use the App is terminated and you must immediately uninstall the App.

2. Prohibited Conduct

Users shall not, directly or indirectly, perform any of the following actions:

a. Transmit, install, upload or otherwise transfer any content, software, virus, advertisement, communication, or other item or process to the App which in any way impairs it’s use, or adversely affects LanguageCert’s computers, servers or databases.
b. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code, or other content available on the App.
c. Remove or modify any copyright, trademark, legal notices, or other proprietary notices from the content available via the App.
d. Breach or bypass the App’s security mechanisms, or attempt to do so – this includes accessing any data or server you are not authorized to access.
e. Use any device (such as a crawler” or other automatic retrieval mechanism or other means) to harvest information about the App, other Users or PeopleCert.

Subject to User’s agreement to and compliance with these Terms and Conditions, LanguageCert grants Users a non-exclusive, non-transferable, non-sublicensable, revocable, non-perpetual limited license to use the App, solely for personal, non-commercial use in accordance with these Terms.

If you download or use the App on any phone or other device not owned by you, you must have the owner's permission to do so. You shall be responsible for complying with these terms, whether or not you own the phone or other device.



3. Access to App

If you opt to register for a LanguageCert account or log in your LanguageCert profile, you are responsible for maintaining the confidentiality of your Username and Password, and for restricting access to any smart device while logged in with your Username and Password. Your account is strictly personal, and should not be shared or transferred to anyone else. You agree to accept responsibility for all activities that occur under your Username and Password. LanguageCert may terminate accounts at its sole discretion for any violation of these requirements.

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

LanguageCert will make all commercially reasonable efforts to provide uninterrupted access to the App. However, LanguageCert does not warrant availability of the App. Unavailability of the App may occur due to factors outside of LanguageCert’s control. The App may be unavailable due to periodic maintenance or related reasons, and in such cases LanguageCert will take all commercially reasonable steps to restore access within a reasonable period. The term “commercially reasonable” means reasonable efforts taken in good faith without an undue or burdensome use or expenditure of time, resources, personnel or money.



4. Intellectual Property Rights

This App and all information it contains (“Materials”) are proprietary to LanguageCert, who reserves all intellectual property rights in all materials included in the App. You should assume that everything you see, read and hear on the App (such as products, trademarks, logos, service marks, images, video, audio, photographs, illustrations, text, testimonials and other materials) is copyright and/or trademark protected. PeopleCert® and PeopleCert All talents, certified® are registered trademarks of one or more of the companies of PeopleCert group. Illustrations in the App are designed by freepik.com & rawpixel.com, and icons are from flaticon.com. For further information on other trademarks you see on the App, please visit our Acknowledgements page.

You may not sell, reproduce, distribute, modify, display, prepare derivative works of, re-post or otherwise use, store or distribute any Materials without the written consent of LanguageCert. LanguageCert reserves the right to take legal action in case of any breach of these rights and restrictions.



5. Credit Card Payment, Cancellation, Rescheduling and Refund Policy

LanguageCert offers products, exams and services for purchase remotely and electronically. Credit card payments are processed securely by our selected payment processors and are not accessed by LanguageCert. A charge from "www.peoplecert.org" will appear on your credit card statement for any purchase.
If you have made a purchase by mistake or have changed your mind, you have the right to cancel your purchase by filing a written request of cancellation within 14 days of your initial payment as follows:

i. For Exams: If you have not booked a specific exam date, cancellation can be made within 14 days from your initial purchase. If you have booked a specific exam date, cancellation can be made within 14 days from your initial purchase, provided that this date is at least 14 days prior to the exam date.
ii. For Memberships: Cancellation can be made within 14 days from your initial purchase, provided you have not activated your membership.

All requests for cancellation must be emailed to customerservice@peoplecert.org. In the event of an appropriate cancellation request, LanguageCert will provide you with a refund. Refunds will always be made to the same credit card used for purchase.
If you have booked a specific exam date but would like to reschedule your exam, you have the right to do so via your LanguageCert account. In this case, a reasonable fee may apply.

6. Changes to Products and Services

Products and services available for purchase via the App (the App itself is free) are subject to change and removal without notice. LanguageCert will not be responsible for any additional costs, delay or liability which you or your company or agents may incur as a result of such changes. For further details on LanguageCert’s paid services, please visit our website https://www.languagecert.org and the Terms and Conditions posted there.



7. Termination

7.1 If you no longer wish to have a registered account, you may terminate your account by sending an email to customerservice@peoplecert.org. If you no longer accept these Terms, or any future modifications to these Terms, you must cease using the App. Continued use of the App indicates your continued acceptance of these Terms.
7.2 If you have not complied with these Terms, we may, at our sole discretion, suspend and/or block your access to the App or terminate your registered account immediately and without prior notice. We will terminate your registered account by emailing you at the address you have registered stating that the agreement has been terminated and that all related license rights to the App have been revoked.
7.3 If you or LanguageCert terminate your account, or if LanguageCert suspends or blocks your access, you agree that LanguageCert shall have no liability or responsibility to you for any losses you may suffer as a result, and LanguageCert will not be liable to refund any amounts that you have already paid through the App.



8. Law

These terms and conditions are governed by the laws of England and Wales, and any dispute relating to the Terms and Conditions shall be subject to the jurisdiction of the courts of England. You agree to indemnify LanguageCert for any claims or damages resulting from your breach of the Terms.



9. Exclusions and Limitations of Liability

To the maximum extent permitted by law, PeopleCert, its suppliers, and other approved third parties shall not be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data, lost time or interruption, lost business or anticipated savings) arising out of the use, inability to use, or the results of use of the App, any websites linked to the App, or the Materials, whether based on warranty, contract, tort or any other legal theory and whether or not PeopleCert has been advised of the possibility of such damages. if your use of the materials, information or services from this site results in the need for additional support, servicing or repair, you assume all costs thereof. Nothing in this clause shall exclude PeopleCert’s liability for personal injury resulting from negligence or for fraud.



10. Amendments to Terms and Conditions

10.1 We may revise these Terms to reflect changes in LanguageCert products or the law, or for other reasons, and the revised Terms will be posted and appear a pop-up box next time you use the app. If we make any material change to the Terms and you are a registered User, we will notify you by email. If you use the App after changes have been notified, it will be deemed that you have accepted the amended Terms.
10.2 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
10.3 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.



11. Severability

If a provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of the Terms.