GENERAL TERMS AND CONDITIONS OF THE AL-ARABIYYA-INSTITUTE 25/05/2018
- GENERAL INFORMATIONEN
The AL-ARABIYYA INSTITUTE is the developer of language proficiency tests for Arabic called AL-ARABIYYA-TEST and e-TEST. Hereinafter referred as “TEST”.
The TEST is a standardized computer-based language proficiency test for Arabic. The TEST serves the certification of language skills on the basis of the Common European Framework of Reference for Languages (CEFR). The TEST is offered in accordance with the levels A1 and A2, B1 and B2 as well as C1 and C2. The AL-ARABIYYA-INSTITUTE provides these services independently.
- REGISTRATION FOR THE TEST
Registration can only be made online on the side https://toafl.com/. The registration for the TEST is binding for the person to be tested. Anyone who registers for the TEST will be informed by e-mail about date and time of the TEST. The contract is concluded by a written confirmation of the registration by e-mail by the AL-ARABIYYA-INSTITUTE and the payment of the TEST fees by the person to be tested. The confirmation of the registration can be printed by the person to be tested. Subsequent changes to the registration for the TEST can only be made if both parties agree. A TEST fee has to be paid for taking the TEST. The AL-ARABIYYA-INSTITUTE is dedicated to process all your registration immediately. Inquiries about registration and payments will usually be processed within five business days. The person to be tested is recommended to print out all transaction data relating to the registration along with the Terms and Conditions and to store them.
- CONTRACT, CONTRACT DURATION AND TERMINATION
The contractual relationship begins with the confirmation of the registration for the TEST by the AL-ARABIYYA-INSTITUTE. The contractual relationship ends with the services to be provided by AL-ARABIYYA INSTITUTE without any prior notice. A premature termination is only possible in exceptional cases. If the person to be tested cannot take part in the TEST as a whole or in parts of it for personal reasons (e.g. illness), the person to be tested is not entitled to a refund of fees or to perform the TEST at another time. A right of termination for relevant cause shall remain unaffected.
- PAYMENT OF TEST FEES
The TEST fee is due and has to be paid after the date of the TEST is agreed upon. The person to be tested receives a separate message via e-mail confirming the receipt of TEST fee. The payment of the TEST fee can be made either by direct debit (if you have an account with a German bank), or by credit card or through PayPal. A cash payment of the TEST fee is not possible. Refund payments via PayPal: Please refer to the Terms and Conditions of PayPal.
4.1 AMOUNT OF FEES
The current TEST fees for each level will be displayed on the website.
4.2. REFUND OF THE TEST FEES IN CASE OF SICKNESS AND INHIBITION
In case of sickness a medical certificate has to be submitted. This certificate must be submitted (e-mail) at the AL-ARABIYYA-INSTITUTE no later than the agreed beginning of the TEST to confirm that you are unable to take the TEST on the date agreed upon. TEST fees already paid will be kept and a new date will be agreed upon in writing. If an unforeseeable prevention occurs that makes it impossible to take the TEST on the day and time agreed upon, a postponement of the TEST must be applied for by e-mail at least 24 hours before the agreed start of the TEST. In this case, no additional charges are payable. Test fees already paid will be kept also in this case and a new date will be agreed upon in writing. If the TEST is not performed at the agreed time, without notice, the TEST fees paid will not be refunded.
4.3. UNEXCUSED ABSENCE
If a person to be tested does not appear at the TEST date and does not send a medical report to the AL-ARABIYYA-INSTITUTE until the agreed beginning of the TEST, this will be considered as unexcused absence. Test fees already paid will not be refunded in this case.
- REVOCATION OF THE REGISTRATION
The person to be tested may cancel its contract (registration for the TEST) within a period of two weeks after registration without giving a reason. Notice of cancellation must be done in writing via e-mail. The period starts with the sending of the confirmation of the registration for the TEST. To safeguard the withdrawal period it is sufficient to send the revocation in time.
- CANCELLATION OF THE TEST
The AL-ARABIYYA-INSTITUTE reserves the right to cancel tests, in the case of the failure of hardware or software or the absence of persons responsible for the execution of the TEST or too few participants. In this extraordinary case, the AL-ARABIYYA- INSTITUTE is trying to inform about cancellations or necessary changes as early as possible. New TEST dates are then proposed and agreed upon as soon as possible. If a TEST is definitively canceled, the person to be tested receives a refund of the TEST fees paid.
- Data protection, confidentiality, copyright
All persons involved in performing the TEST and evaluation of TEST results are bound to secrecy and compliance with data protection legislation. The personal data of the person to be tested shall not be used for any purpose other than to perform the TEST and TEST evaluation. The AL-ARABIYYA-INSTITUTE uses the personal data of the person to be tested exclusively for the determination of the TEST result, but also for its own research or statistical purposes. To comply with data protection requirements, the AL-ARABIYYA-INSTITUTE has taken technical and organizational measures to ensure the security of the data sets and data processing procedures. The staff of AL-ARABIYYA-INSTITUTE busy with the data processing are required and expected to observe all data protection regulations by the German Federal Data Protection Act (BDSG). All the working documents or information of any kind provided to the person to be tested are subject to copyright. Without the written consent of the AL-ARABIYYA-INSTITUTE these working materials or information shall not be reproduced, especially not processed using electronic systems, copied, distributed, used for public reproduction, disclosed to third parties or made available for the public in any way, also not for educational purposes. The notice, publication and making available of any TEST items and TEST documentation issued in the TEST to third parties as well as their publication in social networks, internet sites, internet forums, websites or similar media is prohibited. The AL-ARABIYYA-INSTITUTE has the sole copyright for all materials used in connection with the TEST (print, audio and video materials, graphics, photographs, logos, texts, fonts, etc.). The tests of the AL-ARABIYYA-INSTITUTE are not public. Audio or video recordings of a TEST examination are possible only with the prior approval of both the AL-ARABIYYA-INSTITUTE and the person to be tested.
Privacy regulation here: https://toafl.com/privacy
- DATA RETENTION PERIOD
Documents relating to the person tested and her/his TEST (certificates, documents, images, maps on paper and in electronic form) and stored on computers or computer-based media data, including the related documentation, are stored within a period of 24 months (data retention period). During this time all documents are still kept in readiness for processing. After the expiration of this period, all data (personal data, TEST results, certificates) will be deleted. The person tested is entitled to obtain a second copy of the certificate as PDF during the retention period for a fee of 20 Euro.
- CERTIFICATE AND TEST RESULTS
The certificate is to be checked immediately upon receipt for completeness and formal correctness (name, address, etc.).
- RIGHT TO INSPECT TEST RESULTS
Each person tested shall be granted access to her/his TEST results at his/her request within the data retention period. The request for access to TEST results shall be submitted by e-mail, but not earlier than four weeks after the participation in the TEST. Inspection of the TEST results is only possible at the seat of the AL-ARABIYYA-INSTITUTE and under supervision.
- LIABILITY AND WARRANTY
The AL-ARABIYYA-INSTITUTE is not liable for data loss, accounting errors, etc. within the payment by credit card billing, billing using PayPal or direct debit caused by other institutions. The AL-ARABIYYA-INSTITUTE is not liable for the failure of performance due to force majeure or because of other reasons not caused by it. The warranty of the AL-ARABIYYA-INSTITUTE is initially limited to the remedy within a reasonable time. If a remedy is not possible or is refused or delayed by the AL-ARABIYYA-INSTITUTE without justification, the person to be tested is entitled either to demand a price reduction or cancellation of the contract. In case of intent, gross negligence or liability under the Product Liability Act and the breach of contractual obligations, all claims of the person to be tested for compensation for direct or indirect damages are excluded for whatever legal reason. This also applies to the personal liability of the employees of the AL-ARABIYYA-INSTITUTE.
- PLACE OF JURISDICTION
If the contractor of the AL-ARABIYYA-INSTITUTE is an employer within the meaning of § 14 BGB, a merchant within the meaning of the Commercial Code, a legal entity under public law or public special fund, Leipzig is the exclusive place of jurisdiction for all direct and indirect disputes arising out of or in connection with a contract made based on the application of the abovementioned provisions. Each side has the right to sue the other party next to its general place of jurisdiction. The laws of the Federal Republic of Germany shall apply exclusively.
- CONCLUDING STATEMENT
Should one or more provisions in these general Terms and Conditions be or become invalid, this has no effect on the validity of the remaining provisions. The sides undertake to replace the void provision with a valid one coming as commercially and economically close as possible to what they intended with the void provision.