Terms of use

Introduction and Purpose The purpose of these Terms of Use are to govern our relationship with you and establish the terms and conditions you agree to in order to gain access and use this website. By registering and using our website you confirm that you accept these Terms of Use and will comply to those terms. If you do not agree with any part of these terms and conditions, please do not use our website. In order to comply to these terms and access our website you agree to use your real and full name and provide accurate personal (and company) information. You agree you are accessing this website for the legitimate use for which it is designed, testing for testers and having your applications tested as a customer. Please carefully read these terms before you sign up to our website as your access to Aberame website is granted based on your agreement and understanding of the terms contained within this document. Please be aware that Aberame may update and change any of these terms of use at any time. Although we may notify you of any significant changes to these terms, please review them regularly since they are binding on you each time you access the website. We will include a “Last Updated Date” at the bottom of these terms to allow you to ensure you understand the most recent Terms of Use. No warranties or guarantees are provided by Aberame as to the completeness, accuracy, timeliness or reliability of the information and resources included on this website. You agree and acknowledge that such resources and information may not always be accurate and may contain errors. We exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Definitions 1, Website – refers to the Aberame sales and application websites collectively contained within or accessible from www.aberame.com 2, Customer – Is an entity, business or individual registered on the website as a Customer. 3, Tester – is an individual registered on the website as a tester. 4, User – Is either a Customer or a Tester. 5, Test Artefacts – assets produced by the testing process and includes but is not limited to; test strategies, plans, scripts, defect logs, test evidence and test reports. Related legal considerations The way in which we collect data (personal or otherwise) and process, use and distribute data is included in our Privacy Policy. By accepting these Terms of Use and using this website you are consenting to such collection, processing, use and distribution of the data you submit to us. Additional and separate Terms and Conditions of purchase will apply to services purchased from us. These will would normally be included in proposals presented directly to and signed by customers or delivered online if the purchase has been made directly on line. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of duty, or otherwise, arising under or in connection with: site performance, use of or access to our website; or use of or reliance on any content displayed on our website. additionally, for customers, we will not be liable for: loss of; profits, savings, business opportunities, reputation, sales, goodwill, business, revenue or; any indirect or consequential loss or damage Links to other websites and resources on our website are not controlled by Aberame and cannot be certified as correct or accurate. Your reliance on them is at your own risk. By using the website, you hereby agree to fully indemnify Aberame from and against any third-party claims relating to alleged infringement by you of any third party’s intellectual property rights. Aberame makes no representations or warranties of any kind regarding the website and the website Content. The published contents on this website are protected by copyright law both internationally and within India. Written permission is required from Aberame before any use of this copyrighted material is made outside this website. All such rights are reserved. General Terms of Use for all users Access to our website is granted only on a provisional and temporary basis. We will not be liable to you or third parties if for any reason our website (or part thereof) is unavailable for any period. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We do not guarantee that our website, or any resources or content on it, will be free from errors, omissions, viruses or malware. You are responsible for maintaining your own systems to protect yourself. Should you register on our website, you are responsible for the confidentiality, security and safekeeping of your username and password. Do not provide login information to anyone else as you may become liable for actions others have taken with your login credentials. Aberame has absolute discretion to permit or deny access to any user at any time. You cannot use any part of the content or functionality on our website for commercial purposes without express and written Aberame permission. Our website uses cookies and Google Analytics, by using our website, you consent to the use of the collected data through cookies or by Google. Blocking cookies may impede the efficiency and effectiveness of the website. Users of this website are not allowed or permitted to post, upload or submit through the website or any of its associated communication tools, any documents or material that; infringes any patent, copyright or trademark or violates any other rights of any third party is defamatory, libelous, abusive, threatening, obscene, pornographic or unlawful include solicitation, advertising, promotional material or links to that material unless it is directly and demonstrably linked to a cycle. Users cannot disclose or edit any interactive content post or publish any content that is likely to pose risk of injury or damage introduce any code, virus or program that causes or could cause damage to the website or data within the website. break the law in any way through use of this website Aberame has the right to perform actions on the website and within user accounts to prevent the above contraventions from occurring. These actions may include monitoring, editing, removal of offending materials or user accounts. This may also include blocking users from creating new accounts on the website. Vendor/Partner/Associate Terms of Use In order to comply to these terms and access our website you agree to use your real and full name and provide accurate personal information if requested, such as address and passport number. You acknowledge that Aberame may share some of your information with Customers registered on our website. This may include skills, devices, general location, name and other information. Aberame will not share your address or identification documents with Customers. Customers are bound by the terms of this agreement not to share your information with third parties. You declare and warrant to us that you are not “carrying on a business” with regard to the paid testing activities performed on our website. If you have a Business Number then it is your responsibility to provide that number to us, so we can register it against your record in order to comply with your country Tax Office rules. If you are registered (or should be registered) for Goods and Services Tax (GST), then you need to provide us with a Tax Invoice for all payments you are due to receive. If you are carrying on an enterprise, then you need to let us know and provide us with your Tax Number. This is your responsibility. You can provide us this information via the contact details below. The protection of IP, new business ideas, business process flows and innovation is important to our customers. Therefore, before applying to work on a project or test cycle for one of customers, you MUST declare any conflict of interest. This includes any affiliation with any competitor (or potential competitor) of our customer for any particular project or test cycle. You can declare this through the contact details provided below. You are responsible for paying your own country, territory/state, local and other taxes on payments received from Aberame. Aberame may determine that it is required by law to withhold tax. If you are resident in the USA, a Form W9 may be required to be completed and submitted. By accepting these terms and registering as a Tester, you acknowledge and agree that you are an independent contractor and not an employee or contractor of Aberame and not entitled to participate in any employee benefits. Aberame grants users access to this website under the strict basis of protecting the data and information users encounter on the website. Users are not permitted to share data, information, client names, project names, content or resources contained on the website, this includes all forms of communication including but not limited to social media, email or collaboration tools, etc. You acknowledge that through your use of the website you will have access to confidential information, IP, new business ideas, information, business process flows and innovations related to Aberame customer projects. This applies to the business flow and IP contained in the operation of the website itself. You acknowledge that you have a duty of confidentiality to Aberame and our Customers regarding any IP or information you come into contact with on our website. You agree you will not attempt to copy or transfer any of this IP or information in any way whatsoever. You agree to indemnify and hold harmless Aberame from any damages, claims, losses arising from your breach of the conditions in this Terms of Use agreement. If a test cycle follows Pay per defect method, then you will be paid based on defects found within a test cycle but only if you are the first to find that particular defect. You will not be paid based on time spent in testing and searching for defects. Defects will be classified and assessed for payment in the sole and absolute discretion of Aberame. If a test cycle follows Pay per hour, you will be paid for the agreed time spent to perform testing and complete the agreed tasks based on the evidence produced for time spent and acceptance of deliverables completed. Deliverables and other work products will be assessed for payment in the sole and absolute discretion of Aberame. Customer Terms of use Customers who make use of the Aberame website and therefore have accepted these Terms of Use accept that Aberame is an intermediary between the Customer and Tester and makes no representations or warranties, as to the services provided by the Testers. No guarantee is given by Aberame that; the website will be available, a minimum number of Testers will participate in any one cycle, full test coverage will be provided, that website access will be permitted and that an exhaustive software test will be performed. Unless you explicitly notify Aberame in writing, Aberame may display your company name, logo and public description on the website or in other Aberame marketing materials. Customers will protect the privacy and professional reputation of Testers registered on Aberame. Customers cannot share information about testers through social media or any other means nor can customers use any part of the website to comment on the performance of Testers. All feedback should be provided directly to Aberame through the contact channel below or using mechanisms specifically provided on the website for this purpose. Customers will not attempt to solicit or otherwise hire or contract employees or contractors of Aberame. By registering as a user and thereby accepting these Terms of Use you agree not to solicit Aberame employees or contractors that you come in contact with though the website or other website related activities. Aberame will not knowing share identified information with third parties not registered on the website. You agree that Aberame may use and share anonymous information from your projects or test cycles. This includes but is not limited to averages, maximums, minimums or other statistical analysis of; defects, test cases, defect resolutions, tester effectiveness, timing and other information entered onto the Aberame website. By registering as a Customer and accepting these terms you warrant that you will not provide incomplete, inaccurate or false information to Aberame through our website. You warrant that you are a bona fide Customer. You indemnify Aberame against liabilities or cost claims resulting from any breaches of these Terms of Use. Aberame will not be held liable for any customer damages related to simulated security attempts/attacks, vulnerability or penetration testing performed by our security testers or testers in our Aberame testing network. The Customer is solely responsible for all systems and applications tested through Aberame, this includes environments, development, licensing, software support, and any damage or rights infringements caused to the Customer or any third parties through the testing activities. Governing Law These Terms of Use shall be governed by, and interpreted in accordance with, the state laws of the Karnataka and the laws of India. Other information and contacts You can contact us at info@aberame.com *Terms of Use last updated: 9th May 2019.

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