TestWisely TERMS AND CONDITIONS
These are terms and conditions for the access or use of applications, websites, contents, products and services (the "Services") made available by AgileWay, a proprietary limited company established in Australia. Please read these terms and conditions carefully. This Agreement is made between AgileWay and the user (Client). It is a condition of the Client’s use of the Services that the Client complies with these terms and conditions.
- You must be 16 years or older to use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. AgileWay cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the AgileWay service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia and the State of Queensland.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your TestWisely account.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of AgileWay will result in an immediate termination of your services.
- Technical support is only provided to paying account holders and is only available via email.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AgileWay.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use AgileWay or AgileWay trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to support at AgileWay dot com.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any AgileWay customer, AgileWay employee, member, or officer will result in immediate account termination.
- AgileWay does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that AgileWay employees and contractors may also be AgileWay customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
Limitation of Liability
- You expressly understand and agree that AgileWay shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall AgileWay or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, AgileWay partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- AgileWay does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- AgileWay does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- AgileWay does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Waiver and Complete Agreement
The failure of AgileWay to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AgileWay and govern your use of the Service, superseding any prior agreements between you and AgileWay (including, but not limited to, any prior versions of the Terms of Service).
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the TestWisely service. All material you upload remains yours. You can remove your TestWisely business at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading images and item description content to testwisely.com, you agree to allow other internet users to view them and you agree to allow AgileWay to display and store them and you agree that AgileWay can, at any time, review all the content submitted by you to its Service.
- You retain ownership over all content that you submit to a TestWisely, however, by making your business public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (i) was in the public domain at the time we received it, (ii) comes into the public domain after we received it through no fault of ours, (iii) we received from someone other than you without breach of our or their confidentiality obligations, or (iv) we are required by law to disclose.
Cancellation and Termination
- You may cancel your account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in AgileWay's response.
- If you fail to pay the fees by the due date, we may consider it as cancellation.
- Once cancellation is confirmed, all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the AgileWay service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, AgileWay may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices
- Prices for using TestWisely are subject to change upon 30 days notice from AgileWay. Such notice may be provided at any time by posting the changes to the AgileWay Site (agileway.com.au) or your TestWisely home page via an announcement.
- AgileWay reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- AgileWay shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.