Terms of Use Effective date: Hello, These Terms of Use ("the Terms") constitutes a legally binding contract between you as a user ("user", "you", "your") of the https://testclub.coua ("the Website") and us, ("we", "testclub, "us", "our") as the owner of the Website. The Terms govern your rights and duties in regard to using the Website and receiving Services. Users and testclub are collectively referred to as the Parties and severally as Party. By merely accessing our Website you agree to be bound by the Terms in full without any reservations. If you don't agree to be bound, please do not use the Website. If you want to be aware of how we process your personal data, please see our Privacy Policy and Cookie Policy. You may find a translation of the current version of the Terms into Ukrainian on our Website. The English version shall prevail in cases of discrepancies. 1. General 1.1. The Website is designed for the provision of online training courses in Computer Science via the Website ("Training Services"). Training Services are referred to as Services. 1.2. The term "IT services" that is used in these Terms is used in broad sense, namely it covers the provision of services, performance of work, creating, assigning, or transferring of intellectual property rights regarding product or services that exist in the IT industry. 1.3. As we use the Website as the primary tool for the provision of Services, the Website features with functionalities that facilitate provision of Services. Since we allow users to use these functionalities for a better experience of Services, please consider the Website as part of our Services. 1.4. We reserve the right to add any new functionality to the Website at any time. If newly developed functionalities of the Website are not specifically governed by the Terms, they are provided on "as is" basis and are subject to the Terms to the extent reasonably practicable. 1.5. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without prior notice to you. 2. Services Eligibility 2.1. You may use the Website and receive Services only if you are an individual and have a full legal capacity to do that under the laws of your residency. If you are a minor under the laws of your residency, you may use the Website and receive Services only with the approval of your parent or guardian. In this case, the parent or guardian is responsible for any activities of the minor user. 2.2. Unregistered users may access only certain pages and functionalities of the Website, mainly for informational purposes such as reading a Blog, FAQ, company and team description, information about courses, contacts, social media links, feedback, setting a language and submitting application for evaluation. 3. Registration and Evaluation 3.1. After applying for evaluation we will create a user account for you so that you become a registered user. To submit application, you need to fill in our form with your first and last name, email, contact mobile number and a course which you would like to take. Any individual may submit application regardless of citizenship or place of residence. 3.2. The created user account will be used only for attending and completing a course by you. 3.3. You are free to choose for submitting further personal information to your user account. 3.4. Evaluation consists of a test and an interview. After you submit your application we will provide you with materials that will help you to prepare for the test. 3.5. By registering on the Website you represent and warrant that you: 3.5.1.will receive Services in accordance with the Terms and will not use the Services in any illegal way. 3.5.2.provided valid and accurate personal information and keep it up-to-date at all times; 3.5.3.will not perform acts aimed at breaching of the normal functioning of the Website, both by means of software and through your direct acts within the Website, or performing any other illegal acts; 3.5.4.are responsible for protecting your account from unauthorized use; 3.5.5.are solely responsible for granting access to your account to any third parties and the consequences thereof; 3.5.6.will not create more than two accounts on the same person; 3.5.7.will have no rights or benefits in any content, materials, products developed by testclub within the Website; 3.5.8.will not scrape, build databases or otherwise create permanent copies of the content provided on or through the Website and outside the Website, but in relation to provision of Services, or keep cached copies longer than permitted by the cache header; 3.5.9.will not violate our intellectual property rights; 3.5.10. will not violate the rights of other users. 3.6. We do not allow registered users to grant access to their account to any person. In the event of granting such access, we may terminate your account and cease provision of Services. You will not be entitled to create a new account to access the Website if your prior account has been terminated by testclub. 3.7. You agree to notify us immediately if you believe or have reasonable grounds to believe that your user account has been or may be used without your permission. In case of non-notification, you as the legal holder of the Account are responsible for all actions taken on behalf of your user account unless such non-notification was due to your unawareness or inability. 3.8. We at our sole discretion reserve the right to refuse both launching your evaluation or to provide Services any time after your successful evaluation. You agree not to claim our decision on such refusal. 4. Becoming a Student 4.1. Student is a registered user of the Website, who has successfully passed evaluation ("Student"). Students receive access to the full range of features and functionalities of the Website. 4.2. Upon your successful evaluation, we will switch your user account to the Student account. 4.3. While receiving Services as a Student you are obliged to pay general respect to staff of testclub, including coaches, their assistants and our user support team. We may terminate the Terms with you if you are caught in such a disrespectful attitude. 4.4. The Student also sings an agreement on specific terms of services (including term, fee and liability matters) with testclub or its agents (hereinafter - the "Agreement"). 5. Training Services 5.1. We provide Training Services via online courses ("course"). Course is a program, which consists of several modules on different topics placed in a specific sequence. Modules, in turn, consist of a range of daily classes. 5.2. We will notify Students on starting date of the course they chose in application for evaluation and course scheduling. Each course takes four months on average. 5.3. Students are required to complete each module before moving to the next module. However, some of the modules may be optional and you are free to choose whether to complete them. 5.4. Students will be provided with coach and their assistants for the whole course. Coach and assistants will help you to master the course by providing and explaining you the study materials, knowledge, experiences, conducting lectures and Q&A sessions, reviewing your work and giving feedback. 5.5. During the course, we will be gradually granting you access to training materials necessary for completing a specific module. 5.6. One of the course activities is completing tasks and doing individual work. You agree to submit your work in time and with the best efforts. In the event of missing the deadlines or regular submitting bad-quality work, we reserve the right to terminate the Terms, cease your participation in the course and deactivate your account. 5.7. Our coaches and their assistants are obliged to give you feedback with explanations of strong points as well as drawbacks of your work. 5.8. If you decide to do another course, you need to pass evaluation specific for that course. 5.9. During a course, you agree to be available for the course and you represent and warrant that you will not be under any other obligations that may interrupt your receiving of Training Services. 5.10. During receiving Training Services we may recommend you using third-party websites, online services, software or other products or services. These recommendations are provided to you for the sole purpose of successful completion of course training materials. 5.11. testclub is not responsible for the content of any referred third-party products or services. Any third-party products or services are independent from testclub. testclub has no control over them. Use of any third party product or service is subject to its terms of service and privacy policy or other legal documentation. 5.12. In no event shall any reference to any third-party product or service be construed as an approval or endorsement by testclubof that third-party or of any product or service provided by a third party. A recommendation to use any third party product or service does not imply that we endorse or accept any responsibility for the content or use of such product or service as well as will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service, you are responsible for exercising appropriate judgment and caution. 6. Fee and Payments 6.1. For provision of Services, you agree to pay us a fee ("Fee") which is specified in the Agreement signed between the parties. 6.2. The Fee is paid online in Student account by any available on the Website payment method. In order to pay the Fee, Student is required to submit to its user account the amount of net income received in certain month. The Website will calculate the amount of Fee and you will proceed with payment. 6.3. Payments may be made in UAH, USD or EUR. 6.4. After the Fee has been paid, we will show you a confirmation of payment. 6.5. Considering the nature of the services under the Terms and the Agreement, the refunds are available only in case of overpayment. If you make an overpayment of the Fee, the amount of the overpayment shall be refunded at your request. 6.6. The amount of the overpayment may be counted against the next month's Fee amount. In such case the next month's Fee amount may be reduced by the amount of the overpayment on your consent. 6.8. The request shall be sent from the email address that you specified during registration. The request from any other email addresses will not be considered by us unless the relevant documents for the confirmation of your identity are provided. 6.9. The decision on the refund of the overpayment or reduction of the amount of next month's Fee by the amount of the overpayment shall be made at our own discretion. The request for refund may be rejected in case we identify there was no overpayment pursuant to the Agreement. 7. Feedbacks 7.1. We provide Students who received Services with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Feedback"). 7.2. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. 7.3. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to testcluby, or developed by our employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. 7.4. We do not guarantee the completeness, accuracy and certainty of any feedback available on the Website. 8. Communication 8.1. Unless you otherwise indicate in writing, we will communicate with you by email, regular mail, by posting publicly available content or via chat. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the chat with your user account or email address you have provided us, or when we post content on the Website. You must keep your email address updated on the Website, and you must regularly check the Website for postings. If you fail to respond to an email message or chat message from testclub regarding violation, dispute or complaint within 2 (two) business days, we will have the right to terminate or suspend your use of Services. 8.2. To stop receiving specific communications from testclub, please submit a notification to us or make corresponding adjustments on your account settings in order to change the types and frequency of such communications. 9. Intellectual Property 9.1. Content we share with you 9.1.1.The Website, the creative content we make available for or shared with our users via the Website and outside the Website, but in connection to provision of Services, namely by email or via social networking services such as Facebook, Twitter, Youtube, Linkedin, are the intellectual property of testclub including but not limited to: 9.1.1.1. our lectures, speeches, or any other oral works regardless of the form they are recorded, e.g. audio, video, live-streaming etc.; 9.1.1.2. our trademarks and business name; 9.1.1.3. our written works, including articles, books, guides, memo, programs, curriculum, tasks etc; 9.1.1.4. our databases; 9.1.1.5. photos, images, illustrations, 9.1.1.6. derivative works, which means works that are a creative remaking of other existing works without prejudicing the existing work's protection (annotation, adaptation, arrangement, or another remaking of work) or a creative translation thereof into another language. 9.1.1.7. collections of work, collections of regular data, and other composite works provided that they result from creative work involving the selection, coordination or arrangement of the contents without prejudice to the copyright of works which are included thereto as the integrated parts; 9.1.2.Creative content does not include personal data, facts, laws, news and other non-creative information. 9.1.3.Our intellectual property is protected by copyright, patent, trade secret and other intellectual property laws. 9.1.4.Your right to use our intellectual property is limited to the rights expressly granted by us pursuant to the Terms and subject to your full compliance with the Terms ("the License"). 9.1.5.The License extends to your personal use of the Website and authorizes you to view, copy, download, and print our intellectual property only for information purposes and receiving Training Services on the condition that you will not remove our copyright, trademark, and other proprietary notices from our intellectual property. 9.1.6.You shall not use our intellectual property for any other purpose in any other manner. 9.1.7.Following the provision above, we grant you the License that is: 9.1.7.1. limited which means you can only use the intellectual property for the purposes we set out in the Terms; 9.1.7.2. non-exclusive that means that testclub can grant the same and similar licenses to other people as well; 9.1.7.3. non-transferable which means the license is only for your benefit and you may not transfer any of the rights that we grant to you to any other person; 9.1.7.4. worldwide which means your License is not limited by territory, unless the applicable law prohibits such License in certain countries. 9.1.7.5. revocable, which means we can terminate this license at our discretion. 9.2. Content users share with us 9.2.1.By sharing with us your completed tasks and making available your feedback, profile information on the Website you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to exploit such content in any manner. The rights you grant us are only for the limited purpose of provision, offering, and improving our Services. 9.2.2.You are solely liable for all your content. By delivering your content to the Website you represent and warrant that you are the legal holder of the rights on that content and you are competent to grant us the license to use your content. You are responsible for ensuring that content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of content to this Website. 9.2.3.If you believe that any content on the Website violates your intellectual property rights, please notify us by email. 9.2.4.We reserve the right to remove or disable access to any content, at any time and without notice, if we at our sole discretion consider that any content violates the Terms or belongs to the material which is prohibited by law. 10. Confidentiality 10.1. You are prohibited to disclose or use any personal data and commercial secrets("Confidential Information") acquired by you in connection with using the Website or receiving the Services to any third party for any purposes except for performing the obligations or exercising the rights under the Terms ("Confidential regime"). 10.1.1. The Parties agreed that the following events shall constitute a breach of Confidential regime: 10.1.2. dissemination of course materials, homework, teaching techniques; 10.1.3. violation of any intellectual rights of the testclub, both registered and unregistered, including know-how and show-how; 10.1.4. dissemination in any way of information about the learning process, relations with the testclubwithout our prior written consent. 11. Disclaimers 11.1. You acknowledge that the Website, Services, and any information on or accessible from the Website are provided on "as is" basis and their use are entirely at your own risk. You agree thattestclub is not liable for any loss or damage in relation to use of the Website or reception of Services. 11.2. testclub is not an educational institution and does not award any official documents on education. The Training Services shall not be treated as educational services. We do not guarantee that our Training Services will not make you eligible for any position in any work elsewhere. 11.3. We do not guarantee your inevitable employment or conclusion of any contracts on provision of IT services upon receiving our Services. You agree that due to the nature of our Service, your employment or contracting as well as the terms and conditions under which you will work completely depends on you. You indemnify us from any claims from you in case of your failure or dissatisfaction in employment or contracting. 11.4. We do not guarantee your satisfaction of employment or contracting in general as well as we may not guarantee a certain amount of your income or any other specific terms of your employment or services agreement. However, due to our Fee calculation terms we will do our best to help you with employment or contracting on the best conditions insofar as possible. 11.5. We are not an employment service and we do not serve as an employer of any user unless separately subject to a signed, written employment contract. In all cases of use of the Website or receiving Services, users are acting as independent contractors and any Party is not in employee, agent, franchisee or partner of the opposite Party. Accordingly, you will be solely responsible for all costs incurred by you during use of the Website or receiving Services. You shall not hold yourself out as having authority to make contracts or promises on behalf of testclub. 11.6. We are not responsible for any loss or damage caused by, or expenses incurred by you as a result of your failure to protect your user account from any unauthorized access or use. 12. Indemnification 12.1. You hereby agree to indemnifytestclub, any of its officers, directors, employees, sub-contractors and agents and its affiliated and related entities from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, audit, inquiry, or other proceeding, that arises or relates to: 12.1.1. any actual or alleged breach of your representations, warranties, or obligations set forth in the Terms; 12.1.2. your wrongful or improper use of the Website or the information available there; 12.1.3. any other party's access or use of the Website via your account subject to the reservations indicated in these Terms; 12.2. You shall not have any claim of any nature whatsoever against testclub for any failure to carry out any of our obligations under the Terms as a result of Force Majeure – causes beyond our control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, in securing any permit, consent or approval required by testclub, for the supply of services, delay by any subcontractor or supplier of ours, accidents of any kind, riot, political or civil disturbances, the elements, by an act of state or government, including regulatory action imposed or any other authority, or any other cause whatsoever beyond our absolute and direct control. 13. Applicable Law and Dispute Resolution 13.1. Provisions of this section apply to the relations between users and us in regard to use of the Website and Services. 13.2. With respect to all legal disputes under the Terms and interpretation of the Terms the Parties shall be governed by Cyprus laws. 13.3. Any dispute between you and us arising out of the usage of the Website or Services, the formation, performance, interpretation, nullification, termination or invalidation of the Terms, or arising therefrom or related thereto in any manner whatsoever, shall be settled by courts located in Cyprus competent to resolve the dispute according to Cyprus laws. 13.4. Before bringing a claim against us, you agree to try to resolve the dispute by negotiation. Following this, please send us an email with your arguments. We will try to resolve the dispute informally by answering your email. If a dispute is not resolved within 15 days after submission, you or we may bring formal proceedings. 14. Amendments 14.1. We reserve the right, at our sole discretion, to change or modify any part of the Terms at any time. We will notify registered users in 2 days by email before the date when amendments become the provisions of the Terms. When it comes, this date will be indicated in the "Last updated" at the top of the Terms. 14.2. Your subsequent use of the Website after any such changes constitutes your acceptance of the latest terms of the Terms. 15. Miscellaneous 15.1. The Terms replace any other arrangements between the Parties as well as all prior versions thereof. Should any provision of the Terms (a clause or a statement within a clause) be declared invalid or unenforceable, it should not affect the remaining provisions in whole or part. 15.2. Our failure to exercise any right or provision in the Terms should not be considered as a waiver of such right or provision of the Terms. 15.3. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without prior notice to you.
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