EVENT TERMS AND CONDITIONS
We at Test Tribe Pvt. Ltd. (herein referred to as the Company or We, Us and Our) are trying to build a community of individuals who are like-minded and interested in software testing and with an aim to help them collaborate in all aspects. We provide access to our users to various events listed on our website available at https://www.thetesttribe.com (the “Domain”).
We shall provide our registered users (the “Participants” or “You“) event related information, pricing, availability and reservation for tickets for various event(s) including event(s), both online & offline events(s), meeting(s), session(s), masterclass(s), show(s), seminar(s) or conference(s) (the “Virtual Event”). By registering for the Virtual Event You agree to these terms, which form a binding legal contract between Our Participant and Us (“Events Terms”). If You are registering on behalf of another individual, it is Your responsibility to ensure the person participating is aware of these Event Terms and accepts them. By completing the registration on behalf of another individual You are warranting that You have made the Participant aware of these Event Terms and that they have accepted these Event Terms.
1. PARTICIPANT REQUIREMENTS
1.1 Access: You have access to the Virtual Event for which You have registered as a result of Your payment (wherever applicable) and registration. Any and all additional expenditures connected with Your attendance are completely Your responsibility, and We will not be liable for them. We may change or end any programmes or modify Our prices. We may change, suspend or discontinue any of Our events. We may also modify Our prices effective retrospectively upon reasonable notice.
1.2 Account: Any incorrect information submitted during the registration process will be considered a violation of the Event Term. Upon enrolling to any of our events, an access link/information would be provided to you. Before attending, you may require to create an account on 3rd Party Platforms we use for hosting Events. Please note that the accounts are specific to the Participant(s) and shall be connected to the Participant’s phone number and registered email id. You are responsible for maintaining the confidentiality of Your password and account information and fully responsible for all activities that occur under Your password or account. You agree to (a) login with proper username/name as mentioned in Your account; (b) immediately notify Us of any unauthorised use of Your password or account or any other breach of security; and (c) ensure that You log out from Your account at the end of each session. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your password. You are responsible for anything that happens to Your account unless You close Your account or report any misuse. You are not permitted to transfer Your account to any other person or even jointly share access to Your account. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You shall never use another Participant’s account. You will login from Your account alone and We have the right to deactivate the account in case We find that any additional persons have logged into the events through Your account.
1.3 Age Limit: You must be of 18 years of age (“Minimum Age”) to enlist for the Events offered by Us. Except when permitted by law, Participant(s) under the Minimum Age shall also be eligible to enrol for the Events on the condition that the Participant(s) will: (i) seek parental or legal guardian consent prior to approaching Us and will send a consent email permitting the minor to attend Our events in Our address at [email protected]; (ii) the consent letter will undertake that the parent/legal guardian will be legally responsible for the minor and all rights and liabilities arising from these Policies will be binding on the parent/guardian; (iii) the consent letter will be an undertaking that the parent/guardian will keep Us informed of any changes to the condition of the minor during the programme; (iv) the consent letter will hereby discharge Us from any liabilities towards the minor. We will delete the account and all information in case the parent/legal guardian do not provide us the consent letter/undertaking and/or in case they request us to delete the information and account.
1.4 Non- Transferability: You agree that Your account is non-transferable and any rights to Your account or contents with Your said account automatically terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
1.5 Your participation: By taking part in the Virtual Event, You acknowledge and agree to grant Us the right to record, film, live stream, photograph, or otherwise capture Your participation in any media now available or hereafter developed, and to distribute, broadcast, use, or otherwise globally disseminate such media in perpetuity without further approval from You or payment to You.
1.6 Your right to Admissions: In case a particular Virtual event has an over subscription of Participants We will evaluate the applications submitted on a first-come, first-served basis and choose and admit the Participants, at Our sole discretion.
1.7 Virtual Event Content: We retain the right to alter any and all parts of the Virtual Event, including but not limited to; the Virtual Event name, topics, content, programme, speakers, performers, hosts, moderators, location, and time, at Our sole discretion. The Virtual Event content shall be recorded by Us and will be accessible to paid Participants only for the period as may be decided by Us at Our sole discretion, and not thereafter or in perpetuity.
1.9 Offline Events. Your registration entitles You to admittance to the offline event. Any and all other costs associated with your attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by You and We shall have no liability for such cost. We will not be responsible for any refund upon Your failure to attend the overall itenary any reason caused by You. In extenuating circumstances, We have the right to amend the dates and times of an offline event. In such case, the Participant shall not be entitled to claim compensation for any costs and/or loss or damage incurred. You acknowledge that We reserves the right to request your removal from the offline event, in its sole discretion, considers your presence and/or behaviour to create a disruption or to hinder the event and/or the enjoyment of the event by other attendees or speakers.
We recommend ensuring that your travel arrangements have sufficient time to allow for delays and interruptions prior to arrival. Provided if there is a Force Majeure Event, We will take reasonable steps to find alternative arrangement. The same is however not guaranteed. By agreeing to attend the offline events, You agree to abide by the covid protocols as provided by the authorities. We are not liable for any damages, losses or expenses arising from whatever cause including those resulting from a Force Majeure Event or any other situation outside of our reasonable control. We accept no liability in case as a consequence of any loss occurring to You as a consequence of Your travelling to the offline event including claims arising from any third party service provider.
2. PROHIBITED CONDUCT
2.1. Limitation of Use: By registering for a Virtual Event, You agree not to sell, trade, transfer, or share Your access link and/or code with anyone else unless We expressly permit it. You agree to not to share, sell, or exchange Your access to a paid Virtual Event. If We determine that You have violated the Events Terms, We may cancel Your access, retain any payments made by You, report You to law enforcement authorities, and ban You from future Virtual Events.
2.2. Disruptive Conduct: You acknowledge and agree that We reserve the right to remove You from the Virtual Event if We, in Our sole discretion, determine that Your participation or behaviour create a disruption or hinder the Virtual Event or the enjoyment of the Virtual Event content by other Participants.
2.3. Recording, Live Streaming, and Videotaping: You may not directly or indirectly record or broadcast audio or video of sessions at any of the Virtual Events. If You do so, You will have no right to commercially utilise them or even create any derivative work from it.
2.4. Unethical/Non-Compliant Business Practices: We reserve the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices.
3. FEES AND REGISTRATION
3.1. Payment: The payment of the applicable fee for the Virtual Event is due prior to registration. If such payment is insufficient or declined for any reason, We may refuse to allow You to access the Virtual Event and shall have no liability in that regard.
3.2. Miscellaneous Expenses: The registration fee includes (only) the cost for the Participation in the Virtual Event. Except as set forth in this Agreement, all fees and expenses to any third parties shall be the obligation of the Participant incurring such fees and expenses.]
1.10 Taxes: Fees for the Events are quoted exclusive of any applicable taxes and the same may be subject to additional taxes as applicable, value added tax, service tax, goods and services tax (GST), or other taxes and duties which, if applicable, will be charged to You in addition to the fees.
3.3. Payment Partners: Your payment shall be requested to be made by Our Payment Partners through transfer/wire/UPI/E-wallet or transfer/credit/debit card. Participant(s) hereby acknowledges that he/she specifically authorizes Our Payment Partners to levy charges over and above the amount agreed as listed above. You further agree and acknowledge that You have no basis to claim that any payments required under this agreement/Events Terms at any time are improper, disputed or unauthorized in any way. Our Payment Partners used by You may collect data that may include Your contact details, Your card details and the transaction details which facilitates Your online payment. We do not collect or store any of these personal details and We do not have any control over them. This data is completely managed by the payment gateway tools according to their own privacy policies.
3.4. Also, You agree that:
(i) Your payment may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
(ii) We may calculate taxes payable by You based on the billing information that You provide to Us at the time of Your payment.
(iii) You will get a copy of Your invoice for the payment through Your account settings.
4. REPRESENTATIONS MADE BY PARTICIPANT
4.1 That You are in compliance with all the Participant Requirements as provided in Clause 1.
4.2 That during Your participation You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Virtual Event or extract other Participant’s information.
4.3 That You will not use any third-party applications that interact with the Virtual Event.
4.4 That You will not post any content during Your participation in the Virtual Event as that will be a violation of any third party rights.
4.5 That You will not solicit log in credentials in case We ban You from participating in our Virtual Events.
4.6 You will not circumvent any features, actions, measure or policies implemented/imposed by Us.
4.7 You agree to grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute any of Your content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the quality of Our Virtual Events. You also grant us a perpetual license to create derivative works in order to promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Your content in any form and in any/all media or distribution methods.
4.8 That You agree and acknowledge that We may generate revenues, increase Our goodwill or otherwise promote Our Virtual Events, through including but limited to, through Our sponsors, advertisers, promotions, usage date and other service partners. You agree that You have no right to receive any income or other considerations from any content You have published during any of our Virtual Events, except if You have entered into a specific agreement with Us.
4.9 You will observe the rules, policies and procedures of the Event.
4.10 You will behave in a respectful, professional and appropriate way to enable the Event to be carried on smoothly.
5. CANCELLATION & TERMINATION
4.1 We strive to provide You with the most productive and effective experience possible. If after attending a Virtual Event You feel there is some way We can improve, please provide us your feedback via Feedback Form we share after each event. in writing with Your comments on the evaluation provided at [email protected].
4.2 Cancellations are subject to the Refund Policy. All sales are final. Your money will be refunded only if You qualify for it under Our Refund Policy. Please note that if You do not cancel and do not access the Virtual Event, You are still responsible for payment and in no event shall We be obligated to refund all or a portion of the registration fee. In the unlikely event of cancellation, You will have to notify Us 3 (three) days in advance and we will initiate a refund subject to Our Refund Policy. We will most likely offer a credit note against an equivalent future Virtual Event, or a full refund in a rare case, at Our discretion .
4.3 If We are prevented from carrying out Our obligations as a result of any cause beyond Our control, or such Virtual Event cannot be Virtually conducted because of a software or issue with the hosting platform or due to acts of God, strikes, labour disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”). We will have the right to discontinue the Virtual Event immediately and will be released from any obligations to Our Participants. If the Virtual Event is cancelled due to a Force Majeure event before the first day of the Virtual Event, Your registration money will be credited to another rescheduled Virtual Event.
4.4 Termination: If You fail, or We suspect that You have failed, to comply with any of the Event Terms, We may, at Our sole discretion and without prejudice to any other remedies available to Us, without notice to You, may: (i) terminate this agreement and suspend Your account without any further refund; and/or (ii) cease/disable Your access to the programmes (or any part thereof).
6. INTELLECTUAL PROPERTY OF VIRTUAL EVENT
5.1 The Virtual Events including any reading material, information including but not limited to audio, video, electronic, multimedia, and written forms, methodology are owned or licensed by Test Tribe Pvt Limited (“Copyright Material”). You understand and acknowledge that the Copyright Material is unique to Us and is not comparable to any other Virtual Event or Company of a similar nature. You will not use Our Copyright Material, in a manner that constitutes an infringement of Our rights or in a manner that has not been authorized by Us through Our prior written consent.
5.2 By being a Participant to Our Virtual Event, you specifically acknowledge and agree that You:
(i) are expressly prohibited from engaging in improper and/or unauthorized use of Our Copyright Material, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or any other information accessed or purchased through Our programs, or any other communications provided by Us for Your own personal use;
(ii) copy, share, adapt, steal, duplicate, trade, reprint, republish, sell, distribute, modify, reproduce, upload, post, transmit, translate, or create derivative works related to Our Copyright Material.
(iii) represent Yourself out to be the creator of Our Copyright Material in whole or in part.
(iv) engage in any activity using Our Copyright Material, for Your personal use, in a business/commercial use or in any way that earns You money.
5.3 You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of Our Copyright Material, set forth in these terms is considered violation of Our rights under the applicable laws and We retain the right to initiate appropriate legal action. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages.
7. INTERMEDIARY STATUS AND NO-LIABILITY
7.1 We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations. Our role is limited to providing a platform for users to upload, share and display content, created, or shared by You and other users. In a way, We facilitate members to interact during the Virtual Events and take no active part in them.
7.2 We do not control what You or other people may or may not do during the Virtual Events and are thus, not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by others, even if You access them through Us. Our responsibility for anything that happens on Our platform is strictly governed by the laws of India and is limited to that extent. You agree that We will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising to You or any other person related to these terms, even if We know they are possible. This includes when We delete Your content, information, or account.
8. We are an intermediary under Indian law. We do not control what people post or share during a Virtual Event.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) any loss suffered by You due to Your inability to access Our Virtual Event in its standard form; (ii) any conduct or content or Your use of any content of any third party participating in the Virtual Event, including without limitation, any defamatory, offensive or illegal conduct that may cause a loss to You; (iii) loss arising from any use or reliance of any third party content shared during a Virtual Event; (iv) errors, mistakes, or inaccuracy of information/material/contents made available by a third party during a Virtual Event; (v) any bugs, viruses, trojan horses, or the like which may be transmitted by any third party user. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. No communication of any kind between You and Us or any of Our representatives shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms.
You acknowledge and agree to defend, indemnify and hold Us harmless Our employees, agents, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties“) from and against any and all claims, liabilities, damages, investigations, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) relating to or arising from (i) Your access to Our Virtual Event in violation of these Event Terms; (ii) unlawful access to our Virtual Event and the content/information/material made available on the Domain;(iii) Your violation of any third party right; and (vi) violation of any representations made by You.
While We encourage a free open space for a community of coders to come together and share their knowledge, We merely act as facilitators for different third party service providers and Participant to connect and collaborate on their desired requirements. All information shared during a Virtual Event is on an “AS IS BASIS”. If You as a Participant rely and take assistance from any third party member during a Virtual Event, or anybody who approaches You during a Virtual Event for promotion/advertisements purposes or provides references to any job listing and other such services that is provided by any third party while participating in Our Virtual Event, it is upon You to thoroughly check references or perform the necessary background check before You rely on any such information. Neither do We guarantee the accuracy or completeness of any information provided by Our partners or any third party. We also do not guarantee the accuracy or reliability of any opinion, advice, or statement made by any of our partners or any third party during a Virtual Event. Under no circumstances are We responsible for any loss or damage resulting from any person’s reliance on any information or content posted on the Services or transmitted by others during any of our Virtual Events.
12. Governing Law: Any dispute arising out of Your participation in any of our Virtual Event shall be governed and interpreted by, and construed in accordance with the laws of India, and the Courts in Mumbai shall have the sole jurisdiction over any matter, without regard to principles on conflict of law.
13. Terms not covered herein: Provisions that are not defined or covered under these Event Terms shall have meaning or be interpreted as per the provisions provided in Our other policies.