The following terms and conditions ("Terms of Use") apply to your access to and use of the website. Operated by Test-Him Limited. (referred to in these Terms of Use as "testhim", "we", or "us") at www.testhim.com (the "Website"). These Terms of Use should be read alongside, and apply in addition to, our privacy policy ("Privacy Policy"). Please read these Terms of Use and our Privacy Policy carefully and save and/or print a copy for your future reference.
By using the Website, you confirm that you have read, understood and agree to these Terms of Use and the Privacy Policy in their entirety. If you do not agree to these Terms of Use or the Privacy Policy, you must stop using the Website immediately. Test-Him may change these Terms of Use from time to time by posting such changes on the Website, and your continued use of the Website after such posting constitutes your acceptance of such changes.
1. Test-Him Limited.
1.1 Test-Him Limited. Is a company registered in England and Wales (registered number 13699178) whose registered address is at Merlin House, Brunel Road, Theale, Reading. RG7 4AB, United Kingdom.
1.2 If you have any questions about these Terms of Use or wish to contact us for any other reason, please do so via our “Contacts” webpage.
2. European and international visitors
2.1 The materials on this Website is intended for use by residents of the United Kingdom and Ireland and, by using this Website, you confirm that you are a resident of the United Kingdom and Ireland [and are at least 18 years old].
2.2 Test-Him Limited expressly disclaims any liability to visitors within or outside the European Union of to the maximum extent permitted by applicable law.
3. Your use of the Website
3.1 You agree not to:
3.1.1 Use the Website for any purpose that is unlawful, improper or illegal;
3.1.2 Use the Website in a way which infringes the rights of anyone else or restricts or inhibits anyone else’s use and enjoyment of the Website;
3.1.3 Disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware available through the Website; or
3.1.4 Use the Website in any other way that is forbidden by these Terms of Use.
3.2 Subject to your compliance with these Terms of Use, Test-Him grants you a non-exclusive, non-transferable, limited licence to access, view, download, print and use content from the Website provided that:
3.3 You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our prior written consent. You must not use the content of the Website for commercial exploitation in any circumstances.
3.4 You acknowledge that it is your responsibility to ensure that you have in place antivirus, firewall and other appropriate security software when browsing the Internet and accessing this Website and for maintaining the security of any passwords/usernames in respect of any user accounts relating to the Website (if applicable). Test-Him cannot accept liability for your failure to take reasonable precautions when browsing the Internet and our Website.
3.5 Subject to these Terms of Use, you will be responsible to us for any expenses, losses or other costs, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms of Use.
4. Copyright and other intellectual property rights
4.1 All text, images, applications, software, code, trademarks, service marks or other content displayed in or on this Website, and all copyrights, trademarks, designs and other intellectual property rights existing in or relating to the Website and its content (collectively, “IPR”), are owned by or licensed to Test-Him.
4.2 If any IPR in or to the Website vests in you, whether by operation of law or otherwise, you hereby assign to us (or to any third party we nominate) all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Website.
4.3 You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Use, or to establish, perfect, preserve or enforce our rights under these Terms of Use.
5. User-generated content
5.1 From time to time, Test-Him may include functionality on the website which permits you to post or submit content to the Website, for example by way of a public forum or a blog. By submitting content, you agree to the following terms:
5.1.1 You agree that you are fully responsible for the content that you post or submit, You agree that you will not submit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethically or otherwise illegal and/or objectionable in any way.
5.1.2 You represent and warrant that such content is: (i) original to you and that no other party has any right, title or interest therein; and/or (ii) you have the necessary rights, licences, consents and permissions to post such content to the Website for use by Test-Him in accordance with these Terms of Use. In addition, you grant to us a non-exclusive, royalty-free, worldwide, perpetual license to use the content submitted by you in any manner that Test-Him considers appropriate and to authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any content posted by you on the Website.
5.1.3 You also hereby grant each user of the Website a non-exclusive, royalty free licence to access your content through the Website for the purposes of accessing such content and using it in accordance with these Terms of Use.
5.1.4 You acknowledge and agree that Test-Him is not responsible for content posted or submitted by for posting by third parties.
5.1.5 Test-Him, in its sole discretion, reserves the right (but has no obligation) to pre-screen, review, edit, modify, reject or remove content submitted to or posted to the Website at any time for any reason.
5.1.6 Test-Him has no obligation to retain any content and will not be liable for the deletion, destruction or loss thereof. Test-Him however may retain content as it deems necessary to comply with its legal obligations, to resolve disputes and to enforce these Terms of Use.
6. Warranty Disclaimer and Limitation of Liability
6.1 We expressly exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise with respect to the Website to the fullest extent permitted by law.
6.2 Except where and to the extent required by law, we (together with our affiliates, officers, directors, employees, agents, representatives and service providers) expressly exclude and accept no liability to you for: (i) any loss of profit; (ii) loss of savings; (iii) loss of business; (iv) loss of goodwill; (v) loss of data; or (vi) any special, indirect, incidental, consequential, punitive or exemplary loss howsoever caused arising out of or in connection with these Terms of Use or your use of the Website (whether the claim is brought for breach of contract, in negligence or any other tort, under statute or otherwise).
6.3 We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
6.4 Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the Website will be available or that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
6.5 Our aggregate liability for any and all loss or damage suffered by you as a result of your access to the Website and/or your downloading of any content from the Website, which is not covered by the above limitations and exclusions (or in the event that the above limitations and exclusions are not permitted by law) is limited to £50.
6.6 Nothing in these Terms of Use shall limit or exclude: (i) either party’s liability for personal injury or death caused by that party’s negligence or for fraud; (ii) your rights under consumer laws; or (iii) any other liability the limitation or exclusion of which is not permitted by law.
7. Links to third party websites
7.1 This Website may contain links to third party websites which we believe may be of interest to you. However, Test-Him does not vet or otherwise approve the content of any such third party websites and your use of such websites is entirely at your own risk.
7.2 Accordingly, Test-Him does not accept responsibility or liability for the availability or content of any such third party websites, nor liability for any damage or harm resulting that you may suffer from visiting and/or using them.
8. Other important terms
8.1 Test-Him may discontinue the Website or terminate certain features and functionalities of the Website immediately at any time in its sole discretion.
8.2 If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.
8.3 Any failure by Test-Him to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision.
8.4 Except as expressly stated in these Terms of Use nothing in these Terms of Use is intended to confer any rights, remedies or benefits upon any person other than you and Test-Him.
8.5 These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
8.6 Test-Him may suspend your access to the Website for violation of these Terms of Use. In addition, either party may terminate an agreement under these Terms of Use at any time on written notice to the other.
8.7 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed by the laws of England and Wales. If you take any legal action relating to your use of the Website or these Terms of Use, you agree to do so in the courts of England and Wales.
8.8 The Terms of Use and Privacy Policy are available in the following languages: English
Last Updated: Apr 2022
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