Effective as of 29 October 2019

Terms and Conditions of Service

Introduction

These Terms and Conditions of Service (“Terms”) govern your access to and use of the Oral Chinese Test (“OCT,” “we,” “us,” “our”) Website www.octtest.org, Mobile App, Learning App, APIs, and other related services (collectively, the “OCT Service” or “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING OUR SERVICE. BY USING OCT SERVICE, YOU REPRESENT YOU ARE AT LEAST 13 YEARS OF AGE. FURTHER, BY ASSESSING OR USING OCT, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT TO BE BOUND AND ABIDE BY THESE TERMS, TOGETHER WITH THE PRIVACY POLICY INCLUDING ANY FUTURE MODIFICATIONS. IF YOU ARE NOT 13 YEARS OF AGE OR OLDER AND/OR DO NOT AGREE WITH THE TERMS, DO NOT USE OCT SERVICE.

OCT reserves the right, at its sole discretion, to change the Terms and Conditions, Privacy Policy, and any documents incorporated herein at any time. OCT may make changes for valid reasons, such as improving the existing or adding new functions or featured to the Service, implementing technical adjustments or improvements to the Service, ensuring the operability or the security of the Service, and for legal and regulatory reasons. Please check these Terms periodically for changes. Your continued use of Service after the posting of changes constitutes your acceptance of such changes. It is your responsibility to check these Terms periodically for changes.

If you have any questions about the Terms or the Privacy Policy, you may contact us via email at contact@octtest.org.

1. Our Service

OCT Service allows users to access and use online assessment services, including without limitation, placement test, mock test, OCT Test, OCT Learn, competency report, certificate, or other materials on OCT Service (“Content”). OCT may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service and Content, temporarily or permanently.

2. Cookies

We employ the use of cookies. By using OCT Service you consent to the use of cookies in accordance with our Privacy Policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

3. Registration

In connection with registering for and using the Service, you agree to provide accurate, complete, and updated information about you as requested by OCT. You also agree to maintain the confidentiality of your password and other information related to security of your account, to maintain and promptly update any registration information you provide to OCT, and be responsible for all use of your account and for any actions that take place through your account. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall not use false information or enter information with the intent to impersonate another person.

4. OCT Test

4.1 General

OCT test is the standardized online oral Chinese test certified by the Confucius Institute Headquarters and recognized by the Ministry of Education of the People’s Republic of China. Test takers enrolled OCT test will receive the Competency Report after finished testing, for those who passed the test will also receive the Certificate. OCT has established and maintains Test Rules and Regulations designed to govern the integrity and fairness of your OCT online testing experience. Fail to conform to the Test Rules and Regulations may result in test suspension and termination or other consequences and receive NO REFUND.

4.2 Face Recognition Authentication

You must confirm your identity by giving us access to your camera to take photographs of you during test. The camera must capture your entire face with clarity and under good lighting directly facing the camera. If we are not allowed to access your camera and take photographs as described, your test will be counted invalid. Before you start the test you must read all of the information on our website for detailed instructions on face recognition authentication.

4.3 Certification

Upon satisfactorily passing the applicable test, you are eligible for certification by OCT. Certificate is valid for 2 years after the test date. The QR code on certificate can be scanned to check authenticity. Certification requirements are described in Test Rules and Regulations.

5. Payment

5.1 Payment and Price

You may only purchase any OCT Content through OCT Website and/or Mobile App. We accept payment by credit/debit card (MasterCard and Visa only), PayPal, Alipay, or WeChat Pay (“Payment Method”).

You agree to pay all fees incurred by you using an OCT account registered to you. Pricing of OCT test and related services including shipping and handling fee are listed on OCT Service. All prices may be changed at any time without prior notice.

If for any reason OCT is unable to charge your Payment Method for the full amount owed, or if OCT receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that OCT may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any OCT tests enrolled on your behalf. You agree and acknowledge that OCT shall not be liable to any interruption or loss of services you may experience relating to any payment failure.

5.2 Offer Code

Offer Code may only be used on OCT Website or Mobile App and in conjunction with the purchase of OCT test and not on products sold by third party sellers. OCT reserves the right to modify or cancel offer codes at any time.

5.3 Receipt

When you submit your enrollment, a confirmation page will be displayed. This confirms that your enrollment was received by OCT. You will also receive an email confirming your enrollment.

5.4 Refund or Cancellation Policy

Once test enrollment is confirmed, there will be NO REFUNDS and you may not change your test or cancel your enrollment. If you do not take the test, you will receive no refund of any fees. In the event that OCT suspends or terminates your use of the Service or any part of the services or these Terms, you understand and agree that you will receive no refund of any kind, including for OCT test or any Content associated with your use of the Service. Refund policy for OCT test suspension and termination is subject to provisions of Clause 3 above. In case of any disputes, OCT reserves the right of final decision and interpretation.

5.5 Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will OCT be responsible for the actions or inactions of any third party payment processors, including, but not limited to, system downtime or payment service outages.

6. Delivery

We offer delivery worldwide. You will receive a notification email with tracking information as soon as the package is shipped. Unless there are any exceptional circumstances, we will endeavor to fulfill the delivery of Competency Report and Certificate (if applicable) within 30 days (please note weekends & holidays not included) after the date of test completion.

There are instances when packages are not delivered on time. Reasons for delay could include delivery area, weather conditions or other unforeseen circumstances. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your package so that you may contact them directly to track your package. Please note that we are not responsible for lost packages sent to mail forwarding providers.

7. Inappropriate Use

Unless otherwise stated, OCT and/or its licensors own the intellectual property rights for all material on OCT. All intellectual property rights are reserved. You will not use the OCT test to collect information about our testing process or to develop strategy, guides or other testing preparation material or a similar testing service, and you will not violate any policies applicable to OCT test or otherwise cheat or circumvent the applicable procedures when taking an OCT test. You will not share any of the test’s contents with other current or prospective test-takers, or make them publicly available. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

8. Termination

OCT may suspend or terminate your access and use of the Service immediately, without notice, and at such time you will have no further right to use the Service, for any conduct that OCT at its sole discretion, believes is in violation of Terms and Conditions, or any applicable law or is harmful to OCT or a third party. You agree that OCT shall have no liability or responsibility to you, and OCT will not refund any amounts you have already paid, to the fullest extent permitted under applicable law.

The provisions of these Terms and Conditions relating to the protection and enforcement of OCT’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive termination.

9. Warranty Disclaimer

OCT SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OCT AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, THE CONTENT AND PRIVACY POLICY.

OCT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, SATISFACTORY QUALITY, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

OCT ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THE SERVICE, THE CONTENT AND PRIVACY POLICY. IN NO EVENT SHALL OCT LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, THE CONTENT AND PRIVACY POLICY.

10. Third Party Links, Website and Mobile App

OCT Service may include links to third party websites, applications and services (“Third Party Service”) that are not owned or controlled by OCT. You may access Third Party Service directly or through our Service. Links from our Service to Third Party Service are provided solely for your convenience. Third Party Service may have their terms and conditions of service and privacy policies and your use of Third Party Service will be governed by and subject to such terms and conditions and privacy policies. If you access any Third Party Service from OCT Service, you understand and that we do not endorse or monitor and assume any responsibility or liability for the products, materials, or content of any Third Party Service or for any transaction you may enter into with the provider of any such Third Party Service.

11. Availability of Service

We shall use commercially reasonable efforts to attempt to provide OCT Service on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

12. Copyright Infringement

If you are a copyright holder, or its agent, and you believe that any of the copyrighted material available via OCT Service infringes your copyrighted work, please deliver a copyright infringement notification to OCT with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner of the copyright that is allegedly infringed
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on our Service (please be as detail as possible that we may find it on the Service)
  • Your address, telephone number and email address so that we may contact you
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

OCT’s agent for notice of claims of copyright infringement on our Service can be reached as follows:

Oral Chinese Test Certification Board
Legal Department
RM 2611, 26/F., Office Tower Langham Place, 8 Argyle Street, Hong Kong
contact@octtest.org

13. Trademarks and Rights

Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the OCT name or any OCT trademarks, service marks, images or logos. Use of OCT trademarks may be prohibited, unless expressly authorized. By using an OCT trademark, in whole or in part, you are acknowledging that OCT is the sole owner of the trademark and promising that you will not interfere with OCT’s rights in the trademark, including challenging Apple’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any OCT trademark. If you are an OCT Official Training Partner and have been provided trademarks usage in your Agreement, please also follow those terms and conditions.

14. Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Service. You agree to immediately remove all links to our Service upon such request. We also reserve the right to amend these Terms and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

15. Removal of Links from our Website

If you find any link on our Service or any linked Service objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

16. Web site Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Web site. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

17. Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.octtest.org/privacy.php. By using the Service, you consent to the terms of the Privacy Policy.

18. Indemnification

You agree to indemnify, defend and hold harmless OCT and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, from and against any and all damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (1) your access or use of the Service; (2) any false representation made to us (as part of these Terms and Conditions or otherwise); (3) your breach of the Terms; (4) your violation of any law or the rights of a third party; (5) any claims that any Content we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

19. Governing Law

These Terms and Conditions and your use of the Service shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, without regard to principles of conflict of laws. You irrevocably agree that the courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms and Conditions.

20. Contact Us

If you have any questions concerning the OCT Service and Content or the Terms, please contact OCT Customer Service by visiting the Support section of our website.

Thank you for reading our Terms.