LPCHECK Terms & Conditions

Definitions

The definition of a “Customer” refers to any person who purchase or uses LPCheck products and services on www.lpcheck.com
The services provided cover aviation language online proficiency tests offered by LPCheck LAB on www.lpcheck.com

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Contract

The company’s website www.lpcheck.com lists products and services for sale, for which the customer can submit quotes. In case the customer wants to purchase a service or product from LPCheck LAB on www.lpcheck.com, they complete an order and payment procedure and thereby submit a purchase offer.

By accepting these conditions it is agreed by the customer that the right to withdraw within 14 days shall not apply once the service has started (online payment completed).

The Customer is not permitted to make any claims concerning changes to services or products on www.lpcheck.com.

It is a fraud to use another person’s data. LPCheck LAB reserves the right to address this unlawful behavior to police and inform the applicable aviation authority.

If the Customer provides wrong or false information during the registration process, no refund will be made. The same applies if the customer tries to violate the integrity of the test. In both cases, LPCheck LAB reserves the right to inform the relevant aviation authority of the state in which the license was issued.

Results

A language test will only be graded if the candidate performs it indoors, in a quiet room (no background noise/music...). The candidate must be alone in the room during the test and interview and needs to make sure he/she is undisturbed. If these requirements are not met, LPCheck LAB must refuse to grade the exam as it does not conform to regulatory requirements. If LPCheck refuses to grade an exam under these conditions, the candidate will be contacted to discuss further options.

LPCheck LAB accepts no responsibility for the non-achievement of specific language test results. Achieving ICAO grading 1, 2 or 3 means the Customer failed the test and is therefore considered non-operational. As it is the Customers responsibility to inform the license issuing national aviation authority regarding that issue LPCheck Lab cannot be held responsible for a failure to do so in any way.

If national aviation authorities require the test result, it will be sent to the Customer via email, so the Customer can provide the relevant national aviation authority with the relevant documents of test results.

Results will be sent to the Email address entered in the sign up page on www.lpcheck.com. Transport Malta CAD, the authority over sighting the LPCheck LAB will be granted access to test results upon request. LPCheck LAB is obliged to grant that access.

If you disagree with the grading of your language proficiency test (and only if this grading is level 3 or below), you may appeal with the authority overseeing our test system - Transport Malta. Appeals have to be made to the Director General for Civil Aviation within 20 days of receiving the result of the test. If there is an appeal the Chief Language Specialist will be appointed to hear the test audio recordings to assess your proficiency. His/her decision will be final. The whole appeal process can be found here in PEL notice 57.

Payment Conditions and Security

All charges will be billed in Euro and prices listed on www.lpcheck.com include the statutory value-added tax.

LPCheck LAB reserves the right to change prices on www.lpcheck.com without any prior notice period. Already purchased tests are exempted from that.

Customers must bear in mind that additional charges might arise from licensing national aviation authorities when applying for a language proficiency license entry.

The test is a prepaid test. It can only be started after paying with Paypal. We also offer a solution for bigger orders from 15 slots upwards for flight schools, airlines, etc.. Customers intending to purchase 15 slots or more should send an E-mail to office@lpcheck.com.

The Customer is responsible to check if the video (camera facing the customer) and audio recording functions are working properly. The test should only be started once the quality is satisfactory.

LPCheck LAB does not save credit card or bank data and uses Paypal to process payment transactions. Paypal is an external payment provider. LPCheck LAB. Payment shall take place using the Paypal interface and the payment process is therefore also subject to Paypal terms and conditions, which may differ depending on the client’s country and may be found here.

Cancellation/Refund

After completing the payment the customer has initiated the test and therefore the right to cancel the test is forfeited.

In case a Customer is unable to complete the language test LPCheck LAB will not grant refunds. Only in exceptional cases will a test repetition without any additional payments be granted.

Language test services and products will be offered according to the availability of our professional language proficiency examiners. LPCheck LAB assumes no liability or responsibility for the cancellation of tests due to greater strength and power.

A substitute test will be offered within 3 weeks after the cancellation. If this substitute test is not offered, the purchase amount will be refunded to the Customer.

Rights

Our question pool is a protected pool of questions. It is therefore forbidden to store or record in any way, publish, use or pass on any of the test questions, test pictures, test ATIS informations, test audio files and test scenarios.

Any contravention is considered an infringement of our intellectual rights and will lead to a claim for indemnification.

LPCheck LAB has the incorporeal rights to all products available to the Customer and offered by LPCheck LAB at www.lpcheck.com and no parts of LPCheck LAB materials and products may be used externally without LPCheck LABs prior written consent.

The customer has the right to report any unsatisfactory condition attached to the language testing services by LPCheck LAB to office@lpcheck.com.

Under the contractual obligations, neither LPCheck LAB nor the Customer is entitled to transfer their rights or obligations, wholly or partly, to third parties.

If you disagree with the grading of your language proficiency test, you may appeal with the authority overseeing our test system - Transport Malta. Appeals have to be made to the Director General for Civil Aviation within 14 days of receiving the result of the test. If there is an appeal the Chief Language Specialist will be appointed to hear the test audio recordings to assess your proficiency. His/her decision will be final.

Liability

LPCheck LAB, their employees, owners or representatives will not be liable for any direct or indirect damage or loss resulting out of the Customers use of any information, services or products offered via the www.lpcheck.com website. This includes but is not limited to the loss of income, data, financial gain or occasion and claims of third parties or any indirect or resulting loss or damages arising.

Court

This Agreement is governed by and construed in accordance with Maltese law with the exception of the conflict of law rules of international private law and the UN Convention on the International Sale of Goods (CISG).

The parties agree to submit to the exclusive jurisdiction of the courts in Valletta, Malta in regard to any claim or matter arising under this Agreement.

Company & Personal Data

LPCheck LAB treats all language test recordings and results in accordance with EU data protection standards.
At LPCheck LAB, your personal privacy and the security of your personal information are our primary concern. We will not sell or share any personal information about you to or with any person or organization except those authorized by you.
An exemption is if that is required by law or court order.

Your passport copy shall contain a current photo and must be valid at least up to the day of the online test.

Please find all information concerning the use of your data in our data protection declaration.

LPCheck LAB might share personal data and results upon an official request from a relevant authority. By accepting the Terms & Conditions you give us the right to pass your data to your State Of License Issue NCAA or equivalent authority. You also accept that the unique Customer ID generated by the LPCheck LAB system replaces your signature on the renewal form.

Personal data is not publicly accessible.

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