Terms & Conditions

Swiftech Software Testing Services Inc

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A SWIFTECH SITE

These Terms and Conditions (“Terms”, “Terms and Conditions”) constitute a legal agreement and govern your relationship with https://www.theswiftech.com/ (the “Site”) operated by Swiftech Software Testing Services Inc., a federally incorporated Canadian company with a registered office in Halifax, Nova Scotia, Canada (“Swiftech”, “us”, “we”, or “our”).

Swiftech provides a variety of software testing including, but not limited to test management consulting, software testing workshops, functional testing, test automation and tools expertise and a number of other services, collectively (the “Services”).

This Site was created to share information and updates about our business as well as provide a point of contact for engaging our Services.

BY USING THE SITE, YOU WARRANT THAT YOU HAVE READ AND UNDERSTOOD THESES TERMS AND ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.

This Site is provided solely for informational purposes by Swiftech and its use by you is conditional on your acceptance of the Terms and Conditions stated below. Any opinions expressed through the content of this Site are the opinions of the particular author and may not reflect the opinions of Swiftech.

By visiting or using the Site, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, without limitation or qualification, to be bound by the Terms and Conditions for each use of and each visit to the Site. By accessing or using the Site you agree to be bound by these Terms and our Privacy Policy and accept all legal consequences. If you do not agree to these Terms and Conditions, in whole or in part, you are not permitted to use the Site.

  1. Purchasing Services

This Site may offer goods and/or services.

If you wish to purchase a service made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your first and last name, your email address, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

By submitting such information, you grant us the right to provide the information to third parties only for purposes of facilitating purchases. Any such collection and use of your personally identifiable information is governed by our Privacy Policy. Please ensure you read our Privacy Policy on this Site before sharing any personally identifiable information with us.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the purchase to complete, or any resulting loss or damages to you.  

  1. Linked Sites

Please exercise discretion while browsing the internet. Swiftech may provide links to other websites on this Site. Please note these links are provided only as a convenience and Swiftech is not responsible for the content of any third-party website and does not endorse the information contained therein or guarantee its quality, accuracy, reliability, or completeness.  

If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Swiftech is not responsible for the content of any such linked sites or any other web page which is not part of the Site and under Swiftech’s control. Unless otherwise expressly provided, Swiftech makes no representation or warranty regarding, and does not endorse any linked site or information, products or services appearing thereon. Accordingly, you agree that Swiftech will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any linked site.

  1. Restrictions on Use and Right To Refuse Service

The site is for your personal use only. As a condition of your use of the Site, you agree:

  1. Not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms and Conditions;
  2. Not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
  3. Not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law;
  4. Not to use the Site to distribute viruses or malware or other similar harmful software code;
  5. Not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
  6. That you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.

We reserve the right to refuse service to anyone demonstrating inappropriate behaviour towards Swiftech or any other users of our Services.

  1. Dealings with Third Parties

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site or Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations, and warranties related to such dealings are solely between you and such third parties.

Swiftech assumes no responsibility whatsoever for any charges you, or any user of your account, incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable law in connection with any such transactions shall be yours alone. You agree that Swiftech shall not be responsible and will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from Swiftech’s site.

 

  1. Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for their own access to the Site and are required to ensure that all persons who access the Site through a user’s internet connection are aware of the Terms and Conditions and comply with them.

Any information sent or received over the internet is generally not secure. Swiftech maintains reasonable security precautions, but does not guarantee the security of any communication to or from the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

  1. Intellectual Property Rights

The Site and its entire contents, features, and functionalities, including but not limited to information, designs, graphics, pictures, illustrations, software, artwork, video, names, words, titles, phrases, selection and arrangement, logos and marks displayed on the Site are owned by Swiftech, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

  1. Intellectual Property Ownership

You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:  

  1. a) your computer and browser may temporarily store, or cache copies of materials being accessed and viewed; 
  2. b) reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; 
  3. c) we grant you written permission.

You acquire absolutely no rights or licences to the Site other than the limited right to use the Site in accordance with the Terms. You shall not use the Site for any purpose except as expressly provided therein.  

You are not permitted to modify copies of any materials form this Site nor delete or alter any copyright, trademark or other proprietary rights notices from this Site.

  1. Social Media

We may use social media channels, such as LinkedIn, to promote the content of the website and the services of Swiftech. Our use of social media serves as an extension of our web presence. Social media accounts are public and are not hosted on our servers. Users who choose to interact with us via social medial should read the applicable terms of service and privacy policies of the third-party service providers and those of any application you use to access them.

Comments left by individuals on social media can be read by anyone. We strongly advise you not to post any personal information. We reserve the right to remove any comments. We reserve the right to block or ban users. Comments posted on our social media channels do not reflect the opinions of Swiftech.

 

  1. Privacy

By submitting your personal information and using our Site, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of such information in compliance with our Privacy Policy, found at Privacy Policy.

  1. Cookies

By using our Site, you consent to the use of cookies and agree to the Cookie Policy of our hosting provider GoDaddy. A “Cookie” is a small text file containing a unique identification number that is transferred (through your browser) from a web site to the hard drive of your computer. The Cookie identifies your browser and will not let a web site know any personal information about you, such as your name or address. Since Cookie are only text files they cannot run on your computer, search your computer for other information, or transmit any information to anyone.

Cookies are used to store information including visitors’ preferences, and the pages on the Site that the visitor accessed or visited. The information is used to optimize user experience by customizing our web page content based on visitors’ browser type and/or other information. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you disable or refuse cookies, please note that some or all parts of our Site may become inaccessible or fail to function properly. You should visit GoDaddy or other service providers’ pages for a detailed explanation about their use of cookies.

 

 

  1. Disclaimers

The Site is provided on an “as-is” and “as available” basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We do not guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  

  1. Limitation on Liability

Swiftech shall not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the information available on the Site, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. 

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms, will at all times, be limited to a maximum of five Canadian dollars (CAD $5). The existence of more than one claim will not enlarge this limit. 

  1. Governing Law

You expressly agree that any disputes, claims, complaints or actions you may choose to advance arising from your use of the Site will be decided by the Courts established under and applying the laws of Nova Scotia excluding the law relating to choice of law and forum conveniens. You further expressly agree that you have attorned to the jurisdiction of the Courts of Nova Scotia for the purpose of resolving any such dispute, claim, complaint, or action.  The Site is intended for use only in jurisdictions where it may lawfully be offered for use.

  1. Modification

Swiftech reserves the right in its sole discretion, to add to, remove, modify, or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Updated” at the top of this document. If any change is not acceptable to you, you must discontinue use of the Site immediately. Your continued use of the Site after any such changes are posted will constitute acceptance of those changes. Further, Swiftech reserves the right to change, modify, suspend or discontinue any aspect of the Sites, Services or Content from time to time without notice or liability and for any reason whatsoever. 

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Swiftech, affiliates, employees, agents, service providers, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of, or relating to, your breach of these Terms and Conditions or your use of the Site, including, but not limited to, third-party sites, any use of the Site’s content, Services, and products other than as expressly authorized in these Terms and Conditions.

  1. Severability

If any term or provision of these Terms and Conditions is deemed to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

  1. Entire Terms

 Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

  1. Questions  

For all inquiries or comments regarding the Terms and Conditions or the Site, please contact connect@theswiftech.com

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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