WEBSITE TERMS AND CONDITIONS
We at Test Tribe Private Limited. (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. The following terms and conditions (the “Terms” or the “Agreement“) apply visitors and users of Our website located at https://www.thetesttribe.com (our “Test Tribe Platform/Website”), links to other third-party websites on Test Tribe Platform/Website, information, text, videos, graphics, photos, APIs, email notifications and other materials, related products and services available on Our Test Tribe Platform/Website and as provided by Us from time to time (the “Services”).
By using Our Services, You declare that You have read, understood, and agree to be bound by these Terms. If You are not prepared to agree to all these Terms and Our existing Policies including changes published from time to time, then You must cease accessing Our Services with immediate effect and delete any material that You may have downloaded or copied from Our Test Tribe Platform/Website. These Terms govern Your use of the Services and constitute a legal agreement between You and Us. These Terms are applicable to Participant(s), Speaker(s), Service Partner(s), Job Seeker(s), Recruiter(s), Customers(s), Creator(s), Instructor(s), Volunteer(s), and all such other Visitor(s) (collectively referred to as Users or You) of the Test Tribe Platform/Website. For the ease of reference, we also have separate policies that govern individual Users. If You are a Participant(s), Speaker(s), Service Partner(s), Job Seeker(s), Customers(s), Volunteer(s), Creator(s), Instructor(s) or a Recruiter(s) You will be governed by Our other policies (collectively referred to as Policies). These Terms are to be read along with the specific Policies applicable to You.
As a User of the Test Tribe Platform/Website, the collection, use and sharing of Your personal data is subject to Our Privacy Policy.
I. TERMS AND CONDITIONS
1. Update and/or Change in Terms: These Terms are subject to periodic change and/or updates. We are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and, hereby, You agree to be bound by such changes if You continue to use Our Services after the updates/change. We suggest to Our Users to please check these Terms periodically to update themselves on any changes. If You withdraw Your consent, the Terms will stop applying to You only prospectively.
2. Your Account: If You create an account to use Our Services, You are responsible for the security of Your account and for keeping Your password safe. You agree that each account is created for a single user only and cannot be accessed by multiple users. If You are using an account assigned to You as a trainer or Participant, You may be able to access and disable Your account. You are responsible for providing and maintaining true, current, complete, and accurate information with respect to Our account details. If You fail to do so, We accept no liability in the event that We grant access to the account to another person or a government authority. However, We have the right to suspend the account, at any time, in Our sole discretion if, in Our opinion, You have violated any provision of these Terms and Our other Policies (as the case may be). You are solely responsible for the activity that occurs on Your account, regardless of whether the activities are undertaken by You, or a third party. You shall also be responsible for maintaining the confidentiality of Your account. You shall notify Us immediately of any breach of security or unauthorized use of Your account by sending an email to [email protected].
3. Payment/Refunds : If You make any payment to Us for Our Services, You agree to pay the specified amount as provided by Us. We will charge only the amount You authorized Us through Our payment gateway partners. You will be charged to the credit or debit card / Net banking/UPI You designate to Us, or Our payment gateway partners. You permit Our billing agents to charge any amounts specified herein, to the credit or debit card You select, and You authorize Our billing agent to charge any sums described herein to Your credit or debit card account until the payment is paid in full. Specifics on the payment, pricing, and refund terms and conditions will be regulated by Our other Policies.
The Users understand, accept, and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for the transaction undertaken. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the User(s) bank in relation to any payment.
Please refer to Our Refund and Cancellation Policy for further details.
4. User Generated Content on the Test Tribe Platform/Website: Our Test Tribe Platform/Website and Services have a mix of User Content and Collaborators Content. This is what makes Us exclusively a community driven platform. Our Services enable Users to provide, share or post certain content or information, including, but not limited to, computer code (including both source and object code), audio recordings, photographs, videos, documents, online educational resources, or other materials (collectively, “User Content”). User Content may be used by Us in connection with the Services and may be visible or shared with third party service providers as stipulated in Our Privacy Policy. Our collaborators including but not limited to (Speaker(s), Service Partner(s), Recruiter(s), Creator(s), Instructor(s), Volunteer(s)) may also contribute to Our Services this includes the educational content in Our Test Tribe Platform/Website, blogs posted by them, marketing literature, comments, suggestions, and other such contributions that enhances the engagement of Our platform and transmit content within Our community (collectively, “Collaborators Content”). The User Content and the Collaborators are collectively referred to as (“End-User Content“).
Please note the specific stipulations for licensing the User Content and the Collaborators Content is available in Our other Policies. Please ensure to read them as and when they become applicable to You.
5. Ownership of End User Content:
A. By submitting or creating End-User Content through Our Services or by direct use of Our Test Tribe Platform/Website, You hereby grant Us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, display, perform, reproduce, modify and distribute derivative works and otherwise exploit Your End-User Content, under all intellectual property rights therein, in whole or in part. Unless there is a different agreement in writing with respect to End- User Content by a separate agreement, the terms of those separate agreements will govern the ownership rights.
B. Unless otherwise set out in these Terms, You own all right, title and interest to the information You place on Our Test Tribe Platform/Website pursuant to the Services. If You submit feedback to Us concerning Your idea and suggestions related to the Services, We shall have the right to use that information to improve Our business processes. You have no right to any intellectual property that is based on an improvement to Our business based on this feedback.
C. You are welcome to provide Us with written or verbal testimonials of Our Services in connection with Your use of the Services. You acknowledge and agree that we may, at Our discretion, use the testimonial to promote Our Services online and in social media. Further to Our use of Your testimonial, You hereby agree and give Your consent to Us to publish Your name, voice or likeness, profession, website and/or video in connection with the publication of the testimonial. If You would like to withdraw Your consent, please send Your request to [email protected]
6. License Terms of End-User Content: You hereby grant Us a non-exclusive, sublicensable (as necessary to provide the Services, on a worldwide, royalty-free, and transferable (only to a successor) right and license to:
a. use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works from (such as changes We make so that Your content works better with Our Service);
b. use, modify, prepare derivative works, publish, distribute and sublicense without any compensation to You;
c. use and disclose metrics and analytics regarding the End-User Content in an aggregate or other non-personally identifiable manner (including, for use in improving Our Service or in marketing and business development purposes);
d. use any de-identified User Content for any lawful purpose (such as product development, research or other purposes) subject, if applicable, to Our Privacy Policy.
7. License Termination: The End-User Content license above will terminate when You (i) delete any User Content containing intellectual property rights (like images or videos) or personally identifiable information by writing to Us; (ii) permanently delete Your account; or (iii) if We delete Your account for any reason.
8. User Content Representations and Warranties: You are solely responsible for the End-User Content You provide for Our Services and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing End-User content, You represent, and warrant that:
A. You are the creator and owner of the End-User Content and that You have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the End-User Content You submit;
B. End-User Content agree to follow and refrain from the following:
a. infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or;
b. You may provide links in Your End-User Content, provided (a) that You do not remove or obscure, by framing or otherwise, the copyright, trademark service mark of Our Test Tribe Platform/Website or even any third party rights (b) Your links does not engage in illegal or pornographic activities, and (c) You agree to discontinue providing links to the site immediately upon request by Us and also agree to compensate Us for any loss of reputation arising to Us for Your acts.
c. slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other User of Our Services.
d. You will ensure that Your End-User Content does not contain any viruses, adware, spyware, worms, or other malicious code at any point of time. If found, it will be construed that You had actual knowledge of such a malware.
e. You must obtain all equipment necessary to access and use our Services. It is Your responsibility to use equipment, software or applications which are compatible with Our Services. When accessing or using our Services You may not use equipment and/or software which are faulty or with malfunctions that may cause security issues with Our servers, damage the integrity of the network and/or vulnerability of the Services.
f. access, tamper with, or use non–public areas of the Services, Our computer systems, or software’s of third-party service providers.
g. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
h. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by Us.
i. forge any of Our trademark or copyright in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
j. interfere with, or disrupt, (or attempt to do so), the access of any User, host, or network, including, without limitation, bullying or harassing, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of End-User in such a manner as to interfere with or create an undue burden on the Services.
9. Restrictions on End-User Content and use of Our Service:
A. We retain the right (to delete or refuse to publish any End-User Content from/on Our Test Tribe Platform/Website, as well as suspend or terminate Users, at any time and without notice. We also retain the right to access, examine, store, and disclose any information that We feel is reasonably necessary to fulfil Our obligations. Including but not limited to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms and provide Our Services with ease; (iii) detect, prevent, or otherwise address fraud, security or technical issues; and (iv) protect the rights, property or safety of Our Users.
B. We shall not exercise control over and accept no responsibility for End- User Content or any other information passing through Our Services. We may monitor End-User Content but is under no obligation to do so. If You post or publish any material in violation of these Terms, or otherwise violate these Terms, to resolve the issue, We reserve the right to review Your Content and immediately take any corrective action, including without limitation removal of part or all of the End- User Content, suspension or termination of any and all Services with no refund.
C. We may, but are not obligated to, monitor, or review any Services where Users communicate solely with each other, including but not limited to chat rooms, live chats, bulletin boards or other user forums, and the content of any such communications. You assume the risk of such communications, and We have no liability related to the content or use of any such communications.
D. End-Users may also include links to third party websites along with Our Services. Clicking on such links is at Your sole risk. We are not responsible for the availability or the content of linked websites, including the advertising, products or other materials thereon.
10. Our right to reproduce End-User Content: We retain the right to redistributed freely the End-User Content on the express conditions that:
A. The End- User Content are redistributed on “AS-IS” in their entirety, using the embedded video player provided, or by downloading the original video file. We may sometimes incorporate videos into a mashup for the purpose of Our events; and
B. The End- User Content are used for education purposes only. Such data/videos/materials may not be extracted for use in any database or be used to create a derivative work, or otherwise misused by any means, except that You may make limited non-commercial use as consistent with Fair Use under Section 55 of the Indian Copyright Act,1957.
11. Our Intellectual Property: We retain ownership of all intellectual property rights related to the provisioning of the Services. We grant Our Users a non-exclusive, non-transferable limited license to only access and use Our Services related – trademarks, product names, software, script, source code, content, photos, graphics, videos on Our website, logos, or slogans (“Test Tribe Proprietary Information”) that is used by Our Users are owned by or licensed by Us. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, sub-license, publish, broadcast, create derivative works from, or store Test Tribe Proprietary Information for purposes other than for using Our Services.
“Test Tribe” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark, and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
Any information or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Platform or any offer displayed on the Platform, also referred to as End -User Content is intended, solely to provide general information for the personal use of the Users, who fully accept all responsibility and liabilities arising from and out of the use of such Information.
12. Privacy: User’s privacy is governed by Our Privacy Policy. If You object to Your Information being transferred or used in this way, please cease form using our Service immediately. We may share Your personal information with Our other corporate entities and affiliates. These entities and affiliates may market to You because of such sharing of Your personal information unless You explicitly opt-out as provided in Our Privacy Policy. We and Our affiliates may share Your personal information with other business entities should We (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur with other business entity (or the new combined entity) will be required to follow the same standards as the terms of Our privacy policy with respect to Your personal information.
In connection with any payment, information such as name, billing address and credit card information will have to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application.
13. Advertising Material Our Test Tribe Platform/Website may contain advertising/other material submitted to Us by third parties (i.e., advertisers, recruiters, affiliate partners, payment gateway partners, strategic partners, or others) (the Third Parties). Responsibility for ensuring that material submitted for inclusion on the Test Tribe Platform/Website complies with applicable international and national law is exclusively on the Third Parties. We will not be responsible for any claim, error, omission or inaccuracy in advertising material. We reserve the right to omit, suspend or change the position of any advertising material submitted on the Test Tribe Platform/Website.
14. Links to Third Party websites: Our Test Tribe Platform/Website may contain links to other sites owned by Third Parties. We are not responsible for examining or evaluating, and We do not warrant offerings of, any of these businesses or individuals, or the accuracy of the content of their website. We do not assume any responsibility or liability for the actions, product, and content of any such website. Before You use any Third-Party website, You should review the applicable terms of use and policies of their website. The inclusion of a link in or on Our Test Tribe Platform/Website does not imply Our endorsement of such Third-Party website. If You decide to access any such linked website or use any of their services, You do so at Your own risk.
15. Termination: You can cancel Your account at any time by logging into Your account or contacting Us using the contact information provided below. Your cancellation will take effect with immediate effect. The Company may also at its sole discretion cancel Your account, if the Company finds about any kind of violation from Your end.
16. 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 or use Our Services in a standard form; (ii) any conduct or content or Your use of any content of any Third Party on the services, including without limitation, any defamatory, offensive or illegal conduct of other Users or Third Parties that may cause a loss to You (as mentioned in Clause 13 and 14); (iii) loss arising from any use or reliance of any End-Users Content that may be obtained from Our Services (as mentioned in Clause 4); (iv) errors, mistakes, or inaccuracy of information/material/contents made available on the Test Tribe Platform/Website from Our End-Users; (v) any interruption or cessation of transmission of information through the Test Tribe Platform/Website and its servers; and (vi) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the Services by any other Users or Third Parties. 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 representative shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms.
17. Indemnification: 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 use of the Services in violation of these Terms; (ii) unlawful use of Our Services and the content/information/material made available on the Test Tribe Platform/Website; (iii) content or communication posted by any User or any Third Party;(iv) Your violation of any third party right; (vi) violation of any representations and warranties made by the User; (vii) violation of any of the Policies. The defense and indemnification obligation will survive this T&C and Your use of Terms.
Notwithstanding anything to the contrary in these Terms, in no event shall the Company and its affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Application.
18. Disclaimer. While we encourage a free open space for a community of Software Testing Professionals / Software Professionals to come together and share their knowledge, we merely act as facilitators for different Third Party and Users to connect and collaborate on their desired requirements. If You as a User rely and take assistance from any third party member who is listed on Our Test Tribe Platform/Website, or approaches You through Our Test Tribe Platform/Website, or is advertising a product on Our Test Tribe Platform/Website or providing references to any job listing and other such services that is provided by any Third Party using our Test Tribe Platform/Website or Our participating in Our programmes, it is upon You to thoroughly check references or perform the necessary background check before You rely on any such information. We provide no warranty other than Your ability to contact Our partners or any Third Party and connect with them. 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. 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.
We do not represent, warrant, or endorse in any manner the accuracy or reliability of such Information, or the quality of any products and/or services obtained by the Users because of any such End-User Content. The End-User Content is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing contained in these Terms shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the User(s) use of such products.
II. MISCELLANEOUS
1. Waiver and Severability: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
2. Law and Jurisdiction: These Terms and any action related thereto will be governed by the laws of India, without regard to or application of its conflict of law provisions or those of Your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts of Mumbai, India]. You consent to this jurisdiction and waive any objection as to an inconvenient forum.
3. Superseding: These Terms are the entire and exclusive agreement between Us and You regarding the Services and these Terms supersede and replace any prior agreements between Us and You regarding the Services. No other person or company will be third party beneficiaries to the Terms.
4. Assignment: These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.
5. Notices: We may send You notices by the email that You provide to Us. We have no responsibility for notices not delivered due to outdated or inaccurate contact information. If Your contact information is out of date, You may miss out on important notices. Please address Your notices to: [email protected].
6. Survival. You acknowledge that Your representations and warranties, obligations and the clauses relating to indemnities, limitation of liability, intellectual property rights, governing law and confidentiality shall survive the efflux of time and the termination of these Terms.
7. Entire Agreement. These Terms along with Our other ancillary Policies constitute the entire agreement between You and Us and govern Your use of the Service superseding any prior agreements between You and Us regarding such use.
8. Severability. In the event any provision of these Terms or Our other Policies, is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
9. All commercial/contractual terms are offered and agreed between Us and Our Participant(s), Speaker(s), Service Partner(s), Job Seeker(s), Recruiter(s), Customers(s), Volunteer(s), Creator(s), Instructor(s), and all such other Visitor(s) will be governed separately by their respective Policies. In case there is a conflict between these general Terms and the Policies, the specific terms of the Policies will prevail.
10. HOW YOU CAN CONTACT US
If You have any grievances, please contact Us in writing at the address below referencing ‘Grievance of Policy’:
Grievance Officer
Mahesh Chikane
[email protected]
