Untitled Document
This is a legal agreement ("Agreement") between you, and Software Testing Works Training ("the Company") . Please take the time to read the agreement before registering as a member of Software Testing Works Training via the Website at www.softwaretestingworks.com (the "The Website") . These terms and conditions apply to you if you enroll on the Software Testing course provided through this Website. They govern the process of registering as a student of Software Testing Works Training and the use of facilities provided to Software Testing Works Training students.
By registering for the course, you become a "Student" , or "Member" , and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for the duration of the course. The following Terms and Conditions are subject to change by the Company at any time, effective upon notice to you (which notice shall be deemed to have been received upon the posting of an updated Agreement on the Service).
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- In these Terms, 'we' , 'us' and 'PST' means:
Software Testing Works Training
71 Leather Lane
London
EC1N 7TJ
- "Content" means the information, photographs, graphics, and other material on the Web Site.
- "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
- "Training Course", "Course", "Service" means:
(I) The provision of the Course Materials in electronic format via the Website.
(II) The provision of tutorials and other support provided by us through the Web Site.
- "Course Materials" means the materials required to complete the System Training Course.
- The "Company" means Software Testing Works Training .
- "You" or "The student" or "The member" means the learner enrolling for the course or receiving the Service.
- "The Employment Hunting Period" is the 12-Month period immediately following a student's conclusion of the programme.
- "Enrol" means the process of enrolling for the course on the website by completing the relevant registration form on the Website, and giving us your payment information.
These terms and conditions form a legally binding agreement between you and Software Testing Works Training, the supplier of this training course. We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website.
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I. Registration
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| To register as a student, you must be at least 18 years of age . By enrolling on the course, you represent and warrant that you are at least 18 years old by becoming a student. Software Testing Works Training may refuse to accept your application to register as a member of Software Testing Works Training for any reason in its absolute discretion. |
II. Provision of Information
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You will provide the Company with accurate, current and complete information (including, without limitation, email contact information) about yourself as prompted by our registration forms ("Registration Data") , and to maintain and update such Registration Data to ensure that it is accurate, current and complete. In the event that the Company attempts to contact you by email (at the current email address you have provided in your Registration Data) and you do not respond to such email within 30 days, it shall be conclusively presumed that the email address you have provided is either inaccurate or is no longer current. |
III. Provision of the Service
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Once you have enrolled, you will receive an email confirming your username and password, as well as the contact details of your instructor. We will provide you with access to the Course Materials once you have enrolled. You will need to log on to the service using your username and password before you can access the course materials on-line. |
IV. Your Password
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When you register as a member of Software Testing Works Training , you will be asked to select a username and password. You will be responsible for all activities that occur under your user name and password. You should therefore take care to keep your user name and password confidential. You must notify Software Testing Works Training immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. Software Testing Works Training reserves the right to require you to alter your username and password if it believes that they are no longer secure. |
V. Acceptable Use
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The receipt of the training service is for your sole, personal use. You agree that you will not:
Authorize or allow another person to use your account;
Transfer your account to another person; or
Divulge your password to another person; |
VI. Chatrooms and Message Boards
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Software Testing Works Direct offers chatroom and message board facilities to all members who have enrolled on the course. This enables you to post messages, participate in discussion groups, and interact with other students and instructors.
We provide our chatroom and message board facilities to you free of charge. We do not make any guarantee as to the availability, performance or continued provision of these services and reserve the right to modify or to terminate the provision of all or any of these services at any time. Software Testing Works Direct also reserves the right to establish general rules and limits concerning use of its chatroom and message board facilities. |
VII. Email Support
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Software Testing Works Training provides email support to students who register for the service. We use reasonable skill and care in providing such support and will use reasonable endeavours to ensure that this service is available but cannot guarantee uninterrupted availability. Students should allow for up to 72 hours to receive responses to their questions from instructors.
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VIII.User Representations,warranties,covenants and Online Conduct
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As a Student , you agree that:
You will not post, anywhere on the website, or transmit, to other members or employees of the Company, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Training Course.
You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. If you submit content to the Training Course, whether articles, images, stories, software or other copyrightable material, you must ensure that such content does not infringe the copyrights nor other rights of third parties (such as privacy or publicity rights). You will not use the Training Course as an instrument of unlawful copyright infringement. We may also, in our sole discretion, decide to terminate a your rights to use or access the Training Course prior to that time if we have a good faith belief that an alleged infringement has occurred. |
IX. Quality of the services
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We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the course description, which is set out on the Website. We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the course description which is on the Website or which was made available to you at the learndirect centre when you enrolled). |
X. Price and Payment
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Prices are inclusive of any applicable value added tax or other sales tax. The tuition fee paid to Software Testing Works Training is non-refundable. In addition, cancellation and/or termination of this Agreement by you or us at any time for any reason will not entitle you to a refund of monies paid. |
XI. Indemnity by student
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You will defend, indemnify, and hold harmless the Company for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including, without limitation:
Any breach by you of the Terms, any allegation that any materials that you submit to the Company or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party and/or any other activities in connection with your use of the means the training course provided by us through the Web Site.
This indemnity shall be applicable without regard to the negligence of any party including, without limitation, any indemnified person. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company shall have the right, in its sole discretion, to remove any such material, including, without limitation, material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of the Company, you remain solely responsible for the content of the materials you post in the public areas of the Service and your private communications. |
XII. Proprietary rights
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By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. |
XIV. Disclaimer of warranties
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The Company provides the Service on an "as is" basis. Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, the company grants no warranties of any kind, express, implied, statutory, in any communication with The Company, or its representatives, or otherwise with respect to the Service. The Company specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
The company does not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website (except for death or personal injury caused by our negligence).
The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. There may be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website.
You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse. |
XV. Limitation of liability
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In no event will The Company, be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Service, even if the Company, or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. You accept that you will not have a claim for breach of contract against Software Testing Works Training or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company, for the Service during the continuous term of your active membership. We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this service including, without limitation, damages arising out of communicating and/or meetings with other members of the service. Such damages include, without limitation, physical damages, bodily injury and or emotional distress and discomfort. In addition, the company disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the service. |
XVI. Severability
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If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
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XVII. Governing Law
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This Agreement shall be governed by and construed in accordance with the law of England. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts
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