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Terms
and Conditions (T&C)
Content
Areas
of application and validity
testpodium
services
Duties and responsibilities
of the customer
Duties and responsibilities
of the user
Beginning and length of subscription
End of subscription
Suspension of liability
Data protection
Final clauses
Content
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Areas
of application and validity
These Terms and Conditions apply to
the offers and services published on the testpodium website
www.testpodium.com and all parallel domains (subsequently called "testpodium").
testpodium is a product of the firm "udm Colombo, Egli & Zurmühle,
online testing, Schweiz", which is entered
in the Swiss register of companies.
The Terms and Conditions regulate the collaboration of language schools
and language teachers (subsequently called "customer") with testpodium,
as well as the one of visitors and users of the website, subsequently
called user.
By ordering a service or visiting the website, the customer and the
user respectively accept all the terms unconditionally.
testpodium's
services
testpodium offers language schools and teachers the possibility
of adding their name to our online directory for schools and teachers.
Their entry allows them to receive and make use of test results from
testpodium's test area and inquiries from potential course applicants.
testpodium offers users of the website the possibility of testing
their language skills free of charge and submitting the test results
to schools and teachers in the school directory.
testpodium's offers are non-binding. testpodium can change the
content of any service at any time.
testpodium values a high degree of reliability and endeavours
to furnish their services without disturbances or interruptions within
the framework of their operational resources. testpodium informs
customers ahead of time, as far as possible, about any foreseeable service
interruptions that are necessary for maintenance work, extension of
services, introduction of new hard- or software as well as rectification
of disturbances.
Duties
and responsibilities of the customer
The customer commits himself to the correctness of the entries.
He checks and edits the entries, so that they are always correct and
complete.
The customer commits himself to completing the entries in the form and
with the content intended. He is committed in particular to abstain
from making any form of insult, injury or abuse as well as any racist
or obscene remarks or depictions and to obey the applicable law.
The customer is wholly responsible for the information he makes public
on testpodium.
The customer is responsible for the technical access to testpodium's
offer of services by means of the provider and software chosen by him.
The customer is committed to keeping his authorisation information secret
and to prevent it from being misused by unauthorised parties. The customer
is responsible for all consequences that arise from the misuse of his
authorisation information.
Duties and responsibilities
of the user
The user is wholly responsible for everything he does on testpodium.
The user is committed to use all services offered by testpodium
for personal and not business purposes.
He is committed in particular to abstain from making any form of insult,
injury or abuse as well as any racist or obscene remarks or depictions
and to obey the applicable law.
Beginning
and length of subscription
The contract comes into force as soon as the online order is received
by testpodium.
Electronic dispatch of online entries presupposes that the customer
accepts all contract conditions.
In the event of a violation by the customer of one or more of these
agreements testpodium is entitled to cancel the contract without
notice.
End of subscription
The customer can cancel his entry at any time.
testpodium retains the right to cancel a subscription and modify or suspend all services at any time without notice.
testpodium retains the right to cancel the contract without notice
and to suspend all services in the event of a violation by the customer
of one or more of the agreements.
Suspension of liability
In general: The use of services offered by testpodium is
made at the risk of the customer and user.
testpodium does not represent the entered customers (language
schools/teachers) and does not accept liability for third parties.
testpodium does not accept liability for the relevance, correctness,
completeness or quality of the information on offer.
testpodium is not liable for the damages or misuse incurred by
third parties.
testpodium is under no circumstances liable for missed profit
or for any kind of consecutive damage.
Technology and security: testpodium
is not liable for damages that occur to customers or users through the
data or other information on the Internet that is offered or transferred.
testpodium is not liable for direct or indirect damages that
occur due to technical problems, server downtime, data loss, transfer
errors, data insecurity or other reasons.
testpodium does not guarantee the functioning without disturbances
of services offered. The quality of the data, the uninterrupted functioning
as well as the functioning of services cannot be guaranteed at any particular
point in time by testpodium.
testpodium does not accept responsibility for transfer errors,
technical faults, disturbances, illegal operations in the settings of
the net, overloading of the net, malicious blocking of electronic access
by third parties, interruptions or other inadequacies of the operating
authorities of the net.
testpodium cannot be made responsible for security faults and
operational failure of the internal testpodium networks, the
providers and hosts, the network operating authorities and the Internet.
Customers and users take into account in particular that the operational
service of the internet cannot be guaranteed.
References and links: testpodium is not liable for damages
that occur through the use of sites that are referred to by testpodium.
The supplier of the site in question is liable.
Reference to the homepage of testpodium is permitted and welcome.
A link to a secondary site is not permitted.
Data protection
testpodium is committed to protecting the privacy of its customers
and users and does not pass on their personal data. testpodium
does not sell or lease customer or user data. Only depersonalised data
is used for statistical purposes.
To ensure the highest possible protection from misuse testpodium
registers the IP-number of customers. In the event of any suspicion
arising the sender of data can be traced with the help of the Internet
service provider.
testpodium uses temporary session-cookies on its website. These
are necessary for the technical functioning of the website; no personalisation
takes place because of these cookies.
Schools and teachers registered in the schoolregister are contacted either in English or German.
Final clauses
The Terms and Conditions are subject to Swiss law. Court of jurisdiction
lies with udm zurmühle & egli, online testing, Kriens, Switzerland.
If a regulation of the Terms and Conditions is ineffective, all other
regulations remain untouched. In this case the parties involved are
committed to finding a regulation that is economically closest to the
ineffective regulation.
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