TEKCERT TERMS AND CONDITIONS



1. INTRODUCTION

Thank you for selecting www.tekcert.org Please read these Terms of Use ("Terms") carefully. The Terms are a legal agreement between you and us in relation to your use of TekCert and all associated services (the “Agreement”).

2. USE CONSTITUTES ACCEPTANCE

By accessing TekCert or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use TekCert and should exit immediately.

3. SCOPE

These Terms govern your use of the Website and its associated services, all communications, content, updates and new releases (collectively, the "Services"). It includes by reference the TekCert Privacy Policy. All of Website and Services are within the scope of this Agreement.

4. ACCOUNT REGISTRATION

You need to register with TekCert to take an exam. You also need to make a payment at registration to be able to take the exam you selected. You promise that all registration and payment information you provide will be accurate, complete and current. You agree that you will keep your profile details up to date. Please read the TekCert Privacy Policy which applies to any personal information we collect.

5. ELECTRONIC COMMUNICATIONS AND NOTICES

You consent to receive notices and information from us in respect of the Site/Services by electronic communication. You may withdraw this consent at any time, although we may not be able to continue service to you if we cannot communicate with you electronically. We may provide you with notices, including those regarding changes to these Terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us by email to [email protected]. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. PROTECTION OF MINORS

We cannot distinguish the age of persons who access and use TekCert. TekCert does not knowingly collect personal information from minors. In cases where you have authorized a minor (someone under 18 years of age) to use TekCert, you acknowledge and agree that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor's access to and use of TekCert; and (iii) the consequences of any misuse by the minor.

7. COOKIES

Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. We use cookies to learn more about the way you interact with our content and help us to improve your TekCert user experience. You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. Note, however, that if you reject the use of cookies some of TekCert’s functions may not work correctly.

8. CHANGES TO TEKCERT

We may discontinue or change any TekCert content, service, function or feature at any time with or without notice.

9. PERSONAL INFORMATION AND PRIVACY

The TekCert Privacy Policy is also provided to you. You agree to our Privacy Policy, and to any changes published by us. You agree that we may use and maintain your data according to the Privacy Policy as part of the Services.

10. ORDERS, PAYMENTS AND DELIVERY

10.1 Ordering: All orders through this TekCert will be subject to acceptance in accordance with these Terms.

10.2 Acceptance of your Order : Any emails or texts sent from us to you after you place an order are acknowledgements only and are not confirmation or acceptance of your order. Acceptance of your order and the resulting completion of a contract between you and TekCert occurs when we despatch your order to you unless we have notified you that we do not accept your order or you have cancelled your order.

10.3 Records: We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.

10.4 Fees : Details of any applicable fees due to us will be as published on TekCert from time to time and are subject to change without notice.

10.5 Refunds : In general, all payments by you to us are final and are not refundable.

10.6 Cancellation/Reschedule : You will need to contact TekCert at least 48 hours prior to your exam using email [email protected] or by phone. We charge a rescheduling fee of USD $25 and a cancellation fee of USD $50.

10.7 Delivery : You may be notified of the delivery charges and estimated timeframes when you place your order. TekCert will make a reasonable effort to deliver your order in accordance with any estimated timeframes. Please note that sometimes delays occur due to unforeseen factors and TekCert shall therefore have no liability for any such delay or failure to deliver your order according to the estimated timeframes. Note that this only applies when we offer shipping physical certifications. At this time we only offer digital version of the certificate email to you.

11. COPYRIGHT, OWNERSHIP AND INTELLECTUAL PROPERTY

11.1 You Gain No Ownership : No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The TekCert name, domain name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of TekCert or its licensors and are protected by US, EU and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on TekCert without prior written permission unless you are the owner of such materials or content.

11.2 License to Host Your Certification Information that others can validate you are certified : You grant to us the right to store your certificate content like name, profile, cert number on our Website for anyone who wants to validate your certificate.

11.3 License to take your photo before taking the exam : You grant to us the right to take photo of you before you take the exam. We use the photo we take combined with your approved photo ID to create identification of you. This helps us easily identify you in the future and prevent cheating.

11.4 No Infringement of Third Party Rights : You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site/Services. Further, you acknowledge and agree that in the event of you infringing the intellectual property rights of any third party through TekCert, it is you and not us that will be liable.

12. LICENCE TO USE OUR SERVICES

You have a limited licence to use our Site and Services:

  • You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by TekCert.

  • You acknowledge that the features and services provided by us may change at any time without prior notice to you.

  • You acknowledge that you have read our exam instructions prior to taking the exam.

  • We reserve the right to restrict your access to the Site/Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.

13. PROHIBTED USE
You must not:

  • Use the Site or Services to infringe the intellectual property rights of any party. This means you must not share or publish any music, images, files, or any other content whatsoever if you are not the rightful owner or licensee.

  • Cheat on your exam. This means you must not share, publish or take copy of exam questions and answers.

  • Use the Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility;

  • Use the Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

  • Use the Site or Services in order to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any SPAM, spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious software;

  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to TekCert without our express written consent;

  • Access or otherwise interact with the Site/Services using any robot, spider or other automated means;

  • Use data collected from the Site/Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

14. YOUR CONTENTS

14.1 Permitted and Prohibited Content: It is strictly prohibited to submit media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.

14.2 Use of Your Feedback : You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site/Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback or suggestions you provide to us in any way.

14.3 Prohibited Content : You may not use TekCert for any of the following purposes:

  • Disseminating any content to which you do not possess the requisite intellectual property rights or permissions.

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, sexually explicit, obscene, offensive or otherwise objectionable material.

  • Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

  • Gaining unauthorised access to other computer systems.

  • Interfering with any other person's use or enjoyment of TekCert.

  • Breaching any laws concerning the use of public telecommunications networks.

  • Interfering or disrupting networks or websites connected to the App/Site/Services.

  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

  • Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.

14.4 Right to Remove : We reserve the right to refuse to post material on the Site or to remove material already posted on the Site. We also reserve the right to refuse to process any content submitted to TekCert in our sole discretion.

15. DISCLAIMER – NO WARRANTY

YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF TEKCERT’S OWNERS, OFFICERS, AUTHORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH APP, SITE AND SERVICES AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY LINKED APPS, SITES OR SERVICES AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

    1. INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY TEKCERT USER,

    2. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

    3. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ALL/SITE/SERVICES,

    4. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

    5. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TEKCERT,

    6. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE/SERVICES BY ANY THIRD PARTY, AND/OR

    7. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE/SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, SITE AND/ORSERVICES AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

16. LIMITATION OF LIABILITY

IN NO EVENT WILL TEKCERT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR:

  1. ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE/SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE;

  2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE/SERVICES;

  3. PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE/SERVICES;

  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SITE/SERVICES; OR

  5. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA.

AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS, SERVICE PROVIDERS AND THIRD PARTIES. YOU AGREE TO RELEASE TEKCERT FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY INTERACTIONS WITH ANY USER, SERVICE PROVIDER OR THIRD PARTY AND ANY ACTION OR INACTION BY A THIRD PARTY OR A USER OR SERVICE PROVIDER.

Your sole and exclusive remedy for any cause or claim whatsoever relating to TekCert shall be limited to you discontinuing your use of TekCert.

17. INDEMNITY

You agree to defend, indemnify and hold harmless TekCert, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of TekCert, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. We reserve the right to assume the exclusive defence and control of any matter subject to such indemnification and you hereby agree to cooperate with us in asserting any available defences.

18. ACCOUNT SECURITY

18.1 Password or Exam Code: If you register for an account with us you may be required to use a password or code. You must keep your password/code confidential and you must notify us immediately if you become aware of any disclosure of your password/code. You are responsible for any activity on TekCert arising out of any failure to keep your password/code confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses TekCert using your password/code does so by your authority.

18.2 Your Security Responsibilities: The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data. You are responsible for maintaining the security of your password/code.

18.3 Communication of Personal Information: You acknowledge and agree that by providing us with personal information through TekCert, you consent to the transmission of that personal information over international borders as necessary for processing in accordance our Privacy Policy.

18.4 Access by Authorized User Only: Portions of TekCert may be restricted and/or are protected by password authentication. Such access and use is restricted strictly to authorized users. Any unauthorized access to such areas is strictly prohibited and may lead to criminal prosecution.

19. TERMINATION

We reserve the right, in our absolute discretion, to terminate your certification if we detect any cheating or any violations of our terms and conditions without notice. Upon such termination your information may be removed from TekCert.

Your certificate does not expire. However we need a prove (resume, current job, profile link, projects, etc.) once a year to validate you are active in your career.

In order to maintain your certificate validity there is small fee of $20 a year. If this fee is not paid we may suspend/terminate your certificate.

20. INTERNATIONAL USE

We make no representation TekCert is appropriate or available for use in locations outside the United States (US). If you choose to access TekCert from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws. Further, access to, linking to and use of TekCert is subject to all applicable international and local laws and regulations. You agree not to access, link to or use TekCert in any way that violates such laws or regulations.

21. THIRD PARTIES AND EXTERNAL LINKS

21.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through TekCert including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold TekCert liable for any disputes you may have with such third party supplier.

21.2 Links: TekCert or third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to TekCert, you do so entirely at your own risk.

22. EVENTS BEYOND OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.

23. GENERAL PROVISIONS

23.1 Entire Agreement : This Agreement contains the entire understanding between you and us and supersedes all prior representations, agreements, statement and understandings, either verbal or in writing.

23.2 Governing Law : You agree that the laws of the State of California (US) govern these terms of use, its subject matter, your use of TekCert, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; and (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

23.3 Waiver : Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.

23.4 Severability : If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.

23.5 Compliance with Laws : In using TekCert, you must comply with all applicable laws and regulations and, without limitation you must not use TekCert (or allow it to be used) in connection with or in furtherance of any fraudulent scheme or purpose.

23.6 Software Updates : In order to keep TekCert up-to-date, we may offer automatic or manual updates at any time and without notice to you.

23.7 Subcontracting and Outsourcing : We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.

23.8 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.

23.9 Relationship of Parties: All parties are independent contractors and this Agreement does not create a joint venture or partnership between TekCert and any user, service provider or other third party.

LAST UPDATE TO THE TERMS AND CONDITIONS: 15th August 2020

Copyright © 2021 TekCert

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