General Terms and Conditions for use of Babbel English test (hereinafter “English Test T&C”)
Lesson Nine GmbH (hereinafter “Babbel”), with office at Max-Beer-Str. 2, 10119 Berlin, operates an online-learning system under the domain www.babbel.com as an easy and effective way to gather and extend language skills. The services and products provided by Babbel can be used with web-enabled software (web-browser) and with mobile applications (apps for Android and iOS).
In particular, Babbel offers an online English test in cooperation with Cambridge University under the domain www.babbel.com (herafter “Test”). The English Test T&C apply for the use of the Test. Additionally, the General Terms and Conditions of Babbel are applicable if the English Test T&C do not state otherwise.
Babbel English Test / conclusion of contract
The contract about Test usage (hereinafter “English Test contract”) is concluded between the consumer (hereinafter “User”) and Babbel, if the user clicks the button, which activates a payment and is titles as “Pay” or similar (hereinafter “conclusion of contract”).
The method of payment, price and other information are stated with the offer and are summarized prior to conclusion of contract.
The English Test contract entitles the user to complete the Test according to the English test T&C.
The Test can be taken at any desired time after conclusion of contract. The entitlement expires at the end of the third year after the year of conclusion of contract without any entitlement of the user for refund of payment.
The Test reviews English skills of the user according to the Common European Framework of Reference for Languages at the reference levels A1 to B1, if not stated otherwise before conclusion of contract.
Verification of identity/process of the Test
Prior to completing the Test, it is required that the user proves his/her identity with a valid identification document. For this purpose, the user is requested to provide Babbel access to the webcam in order to take a photo of the identification document and the face of the user. With these photos, the identity of the user is verified. Without this verification, the Test cannot be taken. The Test can only be taken by the user whose identity was verified beforehand.
The user must complete the test alone and without additional resources (e.g. but not limited to dictionary, mobile phone, computer). While completing the Test, the webcam needs to be activated and the user needs to be recognisable the whole time. Through the activated webcam, Babbel monitors if the user meets the conditions subject to this section. In case the user does not meet the conditions, Babbel may quit the Test immediately and the user cannot retake the Test at a later date. In case the user is violating the conditions and still passes the exam, Babbel can void an issued certificate afterwards. In case of a violation of the conditions subject to this section, the user has no entitlement for refund of payment.
Once the user commences the Test, it cannot be interrupted by the user. In case of special circumstances (such as illness) Babbel may allow the user to continue the Test at a later date. If the interruption of the Test is caused by technical problems which are not caused by the user, the user may continue with the Test at the next possible date.
As soon as the user completes the Test he/she will be informed about the result of the Test. If the user passes the Test, a digital and personalized certificate including the Test result is issued to the user.
Once the Test is completed, the Test may only be retaken if a new English test contract is made or if the user successfully challenges the result. This applies also if the user fails the Test.
Beginning with the date on which the user receives the Test result he/she may challenge the result within a month via e-mail (herafter “challenge period”). Babbel then decides whether the result remains, whether it is changed or whether the user may retake the Test. If the user does not challenge the result within the challenge period, he/she finally accepts the result of the Test.
The user needs to have a sufficient and continuous internet connection and an internet-enabled computer with webcam, as well as microphone and speakers. The Test may only be taken with an internet-enabled computer software (web-browser), unless otherwise stated prior to conclusion of contract.
The Internet services required for the Test and the equipment necessary for this are the responsibility of the user with regard to the costs, the availability and the security of the data connection.
The privacy statement for Babbel applies.
In order to conduct the verification of identity as described under section 3.1 Babbel is working with its external partner Onfido Limited (40 Long Acre, Covent Garden, London, WC2E 9LG, UK). Babbel sends the photos taken by the user (portrait and photo of identification) to Onfido Limited. Bases on these photos, Onfido Limited examines if the user on the photo matches with the holder of the identification document and if the identification document is valid and real. Onfido Limited informs Babbel about the result of the identification afterwards. Prior to taking and sending the photo of the identification document, the user should blacken irrelevant information (such as access and serial number). Babbel only stores the photos for so long, as it is necessary for identification and evidence purposes. After that, they are deleted irrevocably. Other uses of the photo do not occur. Further information about Onfido Limited and its services can be found under https://onfido.com.
While the user is taking the Test, Babbel has permanent access to the webcam in order to check, if the user is completing the Test alone and without additional resources. For this purpose, Babbel may take and store photos of the user periodically (such as 30 second intervals). Furthermore, Babbel may analyse the face and posture of the user through special computer software. No excessive collection, processing or use of personal data within the framework of the access to the webcam is carried out. After the challenge period, data is deleted irrevocably if the user does not challenge the Test result within the challenge period. In case oft the latter, data is deleted as soon as Babbel does not need the data for evidence purposes in the specific challenge process.
Differing from the general terms and condition of Babbel, a “Money-back Guarantee” does not apply for the English test contract.
The user agrees that any right of withdrawal expires once Babbel fully provides the services, that is once the user completes the Test. The user is aware of the fact that he/she loses a possible right of withdrawal.