Interpretation
and DefinitionsInterpretationThe words of
which the initial letter is capitalized have meanings defined under the following
conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in
plural.
DefinitionsFor the purposes of these Terms and
Conditions:
- Affiliate means an entity that controls, is controlled by
or is under common control with a party, where "control" means ownership of
50% or more of the shares, equity interest or other securities entitled to
vote for election of directors or other managing authority.
- Country refers to: Ukraine
- Company (referred to as either "the Company", "We", "Us" or
"Our" in this Agreement) refers to TesterLabs School, Kharkov, Krasnaya st.,
2.
- Device means any device that can access the Service such as
a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these
Terms and Conditions that form the entire agreement between You and the
Company regarding the use of the Service.
- Third-party Social Media Service means any services or
content (including data, information, products or services) provided by a
third-party that may be displayed, included or made available by the
Service.
- Website refers to TesterLabs
- You means the individual accessing or using the Service, or
the company, or other legal entity on behalf of which such individual is
accessing or using the Service, as applicable.
AcknowledgmentThese are the Terms and Conditions
governing the use of this Service and the agreement that operates between You and
the Company. These Terms and Conditions set out the rights and obligations of all
users regarding the use of the Service.
Your access to and use of the Service
is conditioned on Your acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions apply to all visitors, users and others who access or use
the Service.
By accessing or using the Service You agree to be bound by these
Terms and Conditions. If You disagree with any part of these Terms and Conditions
then You may not access the Service.
You represent that you are over the age of
18. The Company does not permit those under 18 to use the Service.
Your access
to and use of the Service is also conditioned on Your acceptance of and compliance
with the Privacy Policy of the Company. Our Privacy Policy describes Our policies
and procedures on the collection, use and disclosure of Your personal information
when You use the Application or the Website and tells You about Your privacy rights
and how the law protects You. Please read Our Privacy Policy carefully before using
Our Service.
Links to Other WebsitesOur Service may
contain links to third-party web sites or services that are not owned or controlled
by the Company.
The Company has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy
policies of any third-party web sites or services that You
visit.
TerminationWe may terminate or suspend Your
access immediately, without prior notice or liability, for any reason whatsoever,
including without limitation if You breach these Terms and Conditions.
Upon
termination, Your right to use the Service will cease
immediately.
Limitation of LiabilityNotwithstanding any
damages that You might incur, the entire liability of the Company and any of its
suppliers under any provision of this Terms and Your exclusive remedy for all of the
foregoing shall be limited to the amount actually paid by You through the Service or
100 USD if You haven't purchased anything through the Service.
To the maximum
extent permitted by applicable law, in no event shall the Company or its suppliers
be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of privacy arising
out of or in any way related to the use of or inability to use the Service,
third-party software and/or third-party hardware used with the Service, or otherwise
in connection with any provision of this Terms), even if the Company or any supplier
has been advised of the possibility of such damages and even if the remedy fails of
its essential purpose.
Some states do not allow the exclusion of implied
warranties or limitation of liability for incidental or consequential damages, which
means that some of the above limitations may not apply. In these states, each
party's liability will be limited to the greatest extent permitted by
law.
"AS IS" and "AS AVAILABLE" DisclaimerThe Service is
provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without
warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties,
whether express, implied, statutory or otherwise, with respect to the Service,
including all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out of course of
dealing, course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Service will meet Your requirements, achieve any
intended results, be compatible or work with any other software, applications,
systems or services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can or will be
corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind, express or
implied: (i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of
any information or content provided through the Service; or (iv) that the Service,
its servers, the content, or e-mails sent from or on behalf of the Company are free
of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful
components.
Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a consumer, so some or
all of the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
Governing
LawThe laws of the Country, excluding its conflicts of law rules,
shall govern this Terms and Your use of the Service. Your use of the Application may
also be subject to other local, state, national, or international
laws.
Disputes ResolutionIf You have any concern or
dispute about the Service, You agree to first try to resolve the dispute informally
by contacting the Company.
For European Union (EU)
UsersIf You are a European Union consumer, you will benefit from
any mandatory provisions of the law of the country in which you are resident
in.
United States Legal ComplianceYou represent and
warrant that (i) You are not located in a country that is subject to the United
States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any
United States government list of prohibited or restricted
parties.
Severability and
WaiverSeverabilityIf any provision of
these Terms is held to be unenforceable or invalid, such provision will be changed
and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in
full force and effect.
WaiverExcept as provided herein,
the failure to exercise a right or to require performance of an obligation under
this Terms shall not effect a party's ability to exercise such right or require such
performance at any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.
Translation
InterpretationThese Terms and Conditions may have been translated
if We have made them available to You on our Service. You agree that the original
English text shall prevail in the case of a dispute.
Changes to These
Terms and ConditionsWe reserve the right, at Our sole discretion,
to modify or replace these Terms at any time. If a revision is material We will make
reasonable efforts to provide at least 30 days' notice prior to any new terms taking
effect. What constitutes a material change will be determined at Our sole
discretion.
By continuing to access or use Our Service after those revisions
become effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Contact UsIf you have any questions about these
Terms and Conditions, You can contact us:
- By phone number: +380999474694