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Service Terms for Testing Sessions and Instructional Materials

Paragon™ Testing Enterprises
Service Terms for Test Sessions and Instructional Materials 

Last Updated:  October 20, 2016.

PLEASE CAREFULLY READ THESE SERVICE TERMS BEFORE SUBMITTING AN ORDER TO REGISTER FOR A TEST SESSION OR FOR STUDY MATERIALS. THESE SERVICE TERMS ARE A BINDING CONTRACT THAT GOVERNS TEST SESSIONS AND STUDY MATERIALS.

BY SUBMITTING AN ORDER TO REGISTER FOR A TEST SESSION OR FOR STUDY MATERIALS, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE SERVICE TERMS AND THE GENERAL TERMS OF SERVICE. IF YOU DO NOT ACCEPT AND AGREE TO THESE SERVICE TERMS AND THE GENERAL TERMS OF SERVICE, YOU MAY NOT SUBMIT AN ORDER TO REGISTER FOR A TEST SESSION OR FOR STUDY MATERIALS.

TO ASSIST YOU, THE FOLLOWING IS A SIMPLE SUMMARY OF SOME OF THE MOST IMPORTANT PARTS OF THE SERVICE TERMS. THE SUMMARY IS NOT A SUBSTITUTE FOR THE SERVICE TERMS, WHICH YOU MUST READ, UNDERSTAND AND ACCEPT.

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Summary of Service Terms

Proprietary Rights:  Tests and Instructional Materials are owned by Paragon. You must not copy, reproduce, publish or distribute Tests or Instructional Materials. (Section 3)

Use of Instructional Materials:  If you purchase Instructional Materials, you may use the Instructional Materials only for your personal preparation for a Test, and not for any other purpose. (Section 4)

Confidentiality:  You must maintain the confidentiality of all Test questions and your answers to those questions. You must not disclose any Test questions or your answers. (Section 5)

Test Registration:  To cancel or transfer a Test Session, you must follow Paragon’s transfer and cancellation policies, which can be found on the website (https://www.paragontesting.ca/paragon-legal-agreements-and-policies/). If you fail to attend the Test Session you are registered for, you will be required to register for another Test Session and pay the applicable registration fee. (Section 6)

Test Requirements:  You must have basic computer skills to take a Test. (Section 7)

No Cheating:  You must not cheat when you take a Test. All answers must come from you alone – not from someone else. You must not memorize or copy answers. You must not help anyone else cheat on a Test. (Section 8)

Test Session Cancellation:  Paragon may cancel a Test Session. (Section 10)

Test Sessions:  When you attend a Test Session, you must: (a) provide or permit the collection of certain information (including information to verify your identity) and confirm that the information you provide is true, accurate, current and complete; (b) bring the original government-issued identification documents referenced in your Test Session registration; and (c) follow applicable procedures and instructions of the Test Session administrators. Paragon or the test centre operator may make video recordings of you and other test takers while you take the test. (Section 11)

Retesting/Irregularities:  Paragon may require that you retake a Test or invalidate your Test results if there are irregularities. (Section 11)

Registration Number:  You will be given a Registration Number to obtain your Test score and your related personal information from Paragon. You will keep your Registration Number secure and confidential at all times, except for disclosures to persons and organizations that you authorize to obtain your Test score and your related personal information (including identity verification information) from Paragon. You will immediately notify Paragon if your Registration Number has become known to or used by any unauthorized person. (Section 12)

Disclosure of Test Scores and Personal Information:  If you submit your Test scores to a government agency or other organization, or if you authorize Paragon to disclose your test results to a government agency or other organization, then Paragon may disclose your Test scores and personal information (including identity verification information) to the government agency or other organization. (Section 13)

Test Answers:  Paragon may use your Test answers for any purpose. (Section 14)

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  1. Binding Contract: These Service Terms for Test Sessions and Instructional Materials (these “Service Terms”) are a binding legal agreement between you and Paragon Testing Enterprises Inc. (“Paragon”) regarding Paragon’s English language proficiency tests (each a “Test”), Test sessions administered by or on behalf of Paragon (each a “Test Session”), study guides and other preparation materials provided by Paragon (collectively “Instructional Materials”) and related services provided by or on behalf of Paragon (collectively the “Testing Services”). By submitting an order to register for a Test Session or for Instructional Materials, you signify your acceptance and agreement, without limitation or qualification, to be bound by these Service Terms. If you do not agree with these Service Terms, you may not submit an order to register for a Test Session or to purchase Instructional Materials.
  2. General Terms of Service: These Service Terms incorporate by this reference Paragon’s General Terms of Service, which are set forth below these Service Terms and are available on Paragon’s websites at www.paragontesting.ca, www.lpitest.ca, www.cael.ca and celpip.ca (collectively the “Websites” and each a “Website”). The General Terms of Service form part of these Service Terms. If there is a conflict or inconsistency between these Service Terms and the General Terms of Service, then these Service Terms will take priority and govern regarding Tests, Test Sessions, Instructional Materials and Testing Services, and the General Terms of Service will take priority and govern regarding all other matters.
  3. Proprietary Rights: Tests and Instructional Materials and all related proprietary rights (including copyright and other intellectual property rights) are owned solely by Paragon and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. You will not copy, reproduce, republish, translate, upload, post, publicly display, transmit, communicate or make available to the public, or otherwise disclose or distribute a Test or Instructional Materials, in whole or in part, in any way or for any purpose whatsoever.
  4. Use of Instructional Materials: If you purchase Instructional Materials, you may use the Instructional Materials solely for your personal preparation for a Test Session and not for any other purpose whatsoever. Unauthorized use of Instructional Materials is strictly prohibited.
  5. Confidentiality of Tests: To ensure the continued integrity of Tests, you will maintain the confidentiality of the questions contained in a Test and your answers to those questions, and you will not disclose any of those questions or your answers to any other person.
  6. Test Registration: Your registration for a Test Session is specific to the Test Session on the date and at the location specified in your registration. You may not cancel your registration for a Test Session or change the Test Session specified in your registration, except in accordance with Paragon’s Transfer and Cancellation Policy, as revised by Paragon from time to time, which is available on the Websites. If you fail to attend the Test Session specified in your registration, you will be required to register for another Test Session and pay the applicable registration fee.
  7. Test Requirements – Computer Skills: You acknowledge that Tests are administered by computer and require basic computer skills (using a mouse and typing), and you will not be entitled to retake a Test or receive a refund of fees if you lack the computer skills required to take the Test or if your lack of required computer skills adversely affects your performance on the Test or Test score.
  8. Test Integrity – No Cheating: You acknowledge that Tests are designed to measure an examinee’s language proficiency or other skills based upon spontaneous, unassisted, original answers (including essay answers) provided by the examinee. If you take a Test, you will provide spontaneous, unassisted answers to the Test questions, and you will not give answers that are memorized or copied from other sources (including answers of another examinee, answers based on notes or other unauthorized aids, answers that you or another person provided during a previous Test Session or answers that you or other persons prepared in preparation for the Test). You will not encourage or assist any other person to cheat on a Test or encourage, engage in or assist any act or omission that might compromise the security of a Test or impair the integrity of any Test scores.
  9. Reporting Irregularities: You will promptly report to Paragon any irregularities in the administration of a Test or any cheating or other misconduct by any examinee regarding a Test, whether before, during or after the relevant Test Session.
  10. Test Session Cancellation: Paragon may cancel a Test Session in accordance with Paragon’s Transfer and Cancellation Policy, as revised by Paragon from time to time, which is available on the Websites.
  11. Testing Procedures/Administration:
    • Pre-Test Information: When you attend a Test Session, you will be required to provide certain written information and certify that the information you provide is true, accurate, current and complete.
    • Identity Verification: When you attend a Test Session, you will bring with you the original government-issued identification documents referenced in your Test Session registration. Paragon or the relevant Test Session administrators may at any time (before, during or after the Test Session) require that you present your identification documents and other information in order to verify your identity and confirm the information that you provided to Paragon and the relevant Test Session administrator. Paragon and the relevant Test Session administrator may also collect other personal information from you (including your photograph and biometric data) to verify your identity. Paragon and the relevant Test Session administrator may retain, use and disclose your personal information to verify your identity and the information you provided and for other Test administration purposes and in accordance with Paragon’s Privacy Policy and as otherwise permitted by applicable law. If you fail or refuse to promptly produce your identification documents upon request by Paragon or the relevant Test Session administrator, or if Paragon or the relevant Test Session administrator is unable to verify your identity or confirm the information that you provided, then Paragon or the relevant Test Session administrator in their discretion may cancel your Test Session registration, terminate your participation in the Test Session, refuse to score your Test answers, and cancel your Test scores (if any), and you will not be entitled to a refund of any fees paid for the Test Session.
    • Test Procedures/Instructions: When you attend a Test Session, you will comply with the applicable procedures and the reasonable instructions and requests of the Test Session administrators and invigilators. If you fail or refuse to do so, Paragon or the relevant Test Session administrator in their discretion may cancel your Test Session registration, terminate your participation in the Test Session, refuse to score your Test answers, and cancel your Test scores (if any), and you will not be entitled to a refund of any fees paid for the Test. Paragon or the test centre operator may make video recordings of you and other test takers while you take the test.
    • Irregularities: Paragon or the relevant Test Session administrator in their discretion may cancel a Test Session, refuse to score a Test or release any or all Test scores or invalidate any or all Test scores, and require that you retake the Test, if Paragon or the relevant Test Session administrator believes that the security of the Test Session or the integrity of the Test scores have been impaired or compromised for any reason whatsoever, including as a result of administrative errors (such as improper timing, improper seating, or defective materials or equipment), improper access to Test content, unauthorized interruptions or disruptions during the Test Session, or cheating or other misconduct by you or any other person. Notwithstanding the foregoing, if Paragon reasonably suspects that you are responsible for or involved in any act or omissions that has adversely affected the security of the Test Session or the integrity of the Test scores or if you have breached these Service Terms or the General Terms of Service, then Paragon in its discretion may refuse to allow you to retake the Test or any other Test or require that you pay the applicable fee to do so.
    • Cancellation/Invalidation: Without limiting the generality of any other provision of these Service Terms, Paragon may cancel your registration for a Test Session or invalidate your Test score in accordance with Paragon’s Transfer and Cancellation Policy, as revised by Paragon from time to time, which is available on the Websites.
  12. Registration Number: When you register for or attend a Test Session, you will be given an alphanumeric code (a “Registration Number”) that may be used to obtain your Test score and your related personal information (including identity verification information) from Paragon, including through Paragon’s automated online systems. You will keep your Registration Number secure and confidential at all times, except for disclosures of your Registration Number to persons (e.g. government organizations and other institutions, associations, organizations and entities) that you authorize to obtain your Test score and your related personal information from Paragon. Paragon is not required to verify the actual identity or authority of a person using your Registration Number, but Paragon in its discretion may do so. You will immediately notify Paragon if you know or suspect that your Registration Number has become known to or used by any unauthorized person. You are fully responsible and liable for the confidentiality and security of your Registration Number and all use and misuse of your Registration Number. If Paragon, in its discretion, considers your Registration Number to be unsecure or to have been used inappropriately, then Paragon may immediately cancel or change your Registration Number without any notice to you.
  13. Disclosure of Test Scores to Organizations/Institutions: If your Test scores are submitted, or you declare your intention to submit your Test scores, to a government organization (e.g. Immigration, Refugees, and Citizenship Canada) or any other institution, association, organization or entity, including a current or potential employer (each an “Authorized Organization”), or if you authorize Paragon to disclose your test scores to an Authorized Organization, or if you authorize an Authorized Organization to obtain your test scores from Paragon (including by providing your Registration Number to the Authorized Organization), then you unconditionally and irrevocably consent to Paragon disclosing to the organization, institution, association or entity your name and other personal information (including your photograph and other biometric information) and your Test scores and any subsequent changes to your Test scores, and you agree that Paragon is not responsible or liable for the Authorized Organization’s use or disclosure of the disclosed information and Test scores.
  14. Test Answers: You hereby unconditionally and irrevocably grant and agree to grant to Paragon a non-exclusive, world-wide, unrestricted, transferable, sublicensable, royalty-free, fully paid-up, perpetual, irrevocable right and license to use and exploit (including copy, reproduce, publish, republish, translate, upload, post, publicly display, transmit, communicate or make available to the public, or otherwise disclose or distribute), and authorize other persons to use and exploit, your Test answers (without disclosure of your name or other identifying information) in any manner and using any and all forms, media and technologies now in existence or developed in the future for any and all purposes, including to advertise, promote and market Paragon’s services, all without any compensation or attribution to you, and you hereby unconditionally and irrevocably waive and agree to waive in favour of Paragon and its successors, assigns and licensees all moral rights and rights of authorship and attribution that you have in, to, or associated with your Test answers.
  15. Consequences of Breach/Misconduct: Notwithstanding any other provision of these Service Terms, the General Terms of Service or Paragon’s Transfer and Cancellation Policy, if you breach these Service Terms or the General Terms of Service then, in addition to all other lawful remedies, Paragon in its discretion may: (a)cancel your registration for any and all pending Test Sessions; (b) refuse to score your Tests and cancel any or all of your scores on any or all previously taken Tests; (c) refuse to accept your registration for any future Test Sessions; and (d) refuse to give you a refund of fees paid for Test Sessions or Instructional Materials.
  16. Survival: Notwithstanding any other provision of these Service Terms, sections 3, 4, 5, 11(b), 11(c), 11(d), 12, 13, 14, 15 and 16 of these Service Terms (and all other provisions of these Service Terms and the General Terms of Service necessary to their interpretation or enforcement) will survive termination of these Service Terms and the General Terms of Service and continue to apply and be binding upon you and Paragon.