Web Site Terms and Conditions of Use
By accessing this Testize web site (the Service), you agree to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and the Service.
FEES and SERVICES
Testize offers a range of subscriptions, prepaid plans and free usage. Upon registration for free usage, credit card information is not required. Our subscriptions paid plans are available on monthly pre-paid contracts with refund available by request within 7 calendar days from the initial day of payment. All contracts will automatically renew for the same term using the payment method on file unless the client changes or discontinues the service. All service upgrades and downgrades are effective immediately. Testise may change the applicable Fee Structure, at any time, at our sole discretion. We will use good faith efforts to notify you prior to effecting any significant change to the applicable Fee Structure. However, you are responsible for reviewing the applicable Fee Structure from time to time and remaining aware of any applicable discounts.
To register for the Testize service, you must complete the registration process by providing Testize with current, complete and accurate information as required by the registration form. You are solely responsible for any use and all activities that occur under your account. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Testize and for any use or misuse of your account resulting from any third-party using a password or user name issued to you by Testize. You agree to immediately notify Testize of any unauthorized use of your account or any other breach of security known to you. You agree to let Testize use your organization's logo in its customer list and at other places on its website for references purposes.
Testize offers "unlimited" number of testing, but this offer conforms with the Fair Use of Testize services that intended to ensure that our customers do not use our services in an excessive, unreasonable or fraudulent manner, including using scripting tools to automate service usage in unattended manner.
We will notify you if we deem your usage to be excessive, or due to using any scripting tools, and may ask you to reduce your usage. If usage continues at an excessive level following this request, we may refuse your access to Testize.com, Pty Ltd's services.
Testize service plans allow a fixed number of licenses per plan as defined on the pricing page (1 account/licence for Individual/Professional package, up to 10 accounts/licences for Business package). Under this license you may not:
- sharing of licenses / accounts, as each license / account is for an individual user for personal or commercial use;
- modify or copy any site materials;
- attempt to decompile or reverse engineer any software contained on Testize web site;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or "mirror" the materials on any other server
Testize will not be responsible for activities that occur under an account in the event of the account being shared. Testize service licenses shall automatically terminate if you violate any of these restrictions and may be terminated by Testize at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You agree to indemnify, hold harmless and defend Testize, its contractors, its licensors, and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, including attorney's fees, arising from your use of the Testize service, and the website, including but not limited to your violation of this Agreement.
If you allow a third party access to the Testize service through your account, you shall ensure that said third party is bound by and abides by the terms of this Agreement. All provisions in this Agreement, including but not limited to warranty disclaimers, indemnity, limitations of liability, and proprietary rights, are applicable to the Third Party.
The Testize Service is provided 'as is'. Testize and its contractors makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Neither Testize nor its does not warrant or make any representations concerning the client, service, or website will be error free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. Including accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Testize does not represent or warrant but will make commercially reasonable efforts to ensure that the services are uninterrupted or error-free, that defects will be corrected, or that the servers used for the services will be free of viruses or other harmful components. You understand that the use of the Testize service, and the website is at your own discretion and risk.
LIMITATIONS OF LIABILITY
In no event shall Testize or its suppliers be liable to you or any third-party claimant for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Testize’s Internet site, even if Testize authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Testise’s infrastructure is designed to provide customers with 99.9% operational service availability. However, Tesitze does not guarantee the service will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance, or force majeure.
PROPRIETARY RIGHTS NOTICE
Testise's website and its services, which includes but is not limited to all intellectually property rights of Testize, will always be the property of Testize. You may use the Testize service subject to acceptance of the terms of this Agreement. You will not, nor will you, allow any third party to reverse engineer and/or create derivatives of the Testize, using any method possible. You will not, nor will you, allow any third party to modify the Testize in any way. You will use the Testize services solely for your commercial use and will not make the Testize available for any type of external service such as, but not limited to, an application service provider.
The term of this Agreement shall commence on the Effective Date and shall continue until all Subscription Terms (including any renewals), unless terminated earlier, as expressly set forth herein. Testize may terminate the Service and/or website access at any time: (i) if you materially breach any provision of this Agreement; or (ii) if you cease to do business, or otherwise terminate your business operations without a successor; or (iii) if you become insolvent or seek protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding; or (iv) if you are involved in any kind of system abuse or default of payment; or (v) if Testize is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful). If you wish to terminate this Agreement or your service, you may simply stop using the service or stop accessing the website. However, although this agreement may terminate between Testize and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and proprietary rights.
REVISIONS and ERRATA
The materials appearing on Testize web site could include technical, typographical, or photographic errors. Testize does not warrant that any of the materials on its web site are accurate, complete, or current. Testize may make changes to the materials contained on its web site at any time without notice. Testize does not, however, make any commitment to update the materials. Is your responsibility to check these Terms of Service periodically for changes.
The materials appearing on Testize web site could include technical, typographical, or photographic errors. Testize does not warrant that any of the materials on its web site are accurate, complete, or current. Testize may make changes to the materials contained on its web site at any time without notice. Testize does not, however, make any commitment to update the materials.
Each user is automatically subscribed to the newsletter during the registration. The opt-out option is provided in each newsletter.
Testize shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between you and Testize concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You may not assign or otherwise transfer any of your rights hereunder without Testize’s prior written consent and any such attempt is void. The relationship between Testize and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns of the parties hereto.
Testize undertakes not to disclose any confidential information provided by the clients to any person, unless such action is necessary to:
- conform to legal requirements or comply with legal process;
- protect and defend Testize's or its Affiliates' rights, interests or property;
- enforce the terms and conditions of the products or services;
- act to protect the interests of Testize, its Affiliates, or its members, its constituents or of other persons.