Terms and Conditions
These Terms and Conditions stated here govern your relationship with https://www.testmyinternetspeed.org website and Testmyinternetspeed mobile application (the "Service") operated by TMIS ("us", "we", or "our"). Please go through these Terms and Conditions carefully before using our website, Testmyinternetspeed and WiFi Finder mobile application (the "Service"). Your access and usage of the Service are acclimatized on your acceptance of and agreement with these Terms. These Terms are applicable to all visitors, users and others accessing or using the Service. By accessing or using the Service you give your consent to be bound by these Terms. Your defiance with any part of the terms keeps you barred from accessing the Service.
Accounts
When you create an account with us, you should provide us accurate, complete and current information at all times. Failing to do the same constitutes breaching of the Terms, that may result in instant termination of your account on our Service.
The responsibility for safeguarding the password lies with you which is used for accessing the Service and for any of the activities or actions, whether your password is with our Service or the third-party service.
By accepting the terms and conditions you agree not to disclose your password to any third party. You must inform us immediately once you become aware of any breaching of security or any unauthorized usage of your account.
Content
Our Service allows you to post, store, share, link and otherwise make certain information available such as text, graphics, videos, or other material ("Content"). You are solely responsible for the Content posted by you to the Service, along with its legality, reliability, and appropriateness.
By posting such Content to the Service, you give us the right and license to use, modify, publicly display, publicly perform, distribute and reproduce such Content on and through the Service. You can retain all your rights to any of the Content that you submit, display or post on or through the Service and you hold the responsiblity to protect those rights. You shall agree that this license is inclusive of the right for us to make your Content available to the other users of the Service, who might also make use of your Content subject to these Terms.
You signify and warrant that: (i) the Content is yours (i.e. you own it) or you have the authority to use it and give us the rights and license as mentioned in these Terms, and (ii) the Content you post on or through the Service shall not violate the privacy rights, copyrights, publicity rights, contract rights or any other rights of the person.
Copyright Policy
We respect the intellectual property rights of every individual. It is our policy to respond to any claim if posted content on the Service oversteps the copyright or any other intellectual property infringement ("Infringement") of any individual.
If you own the copyright or have been authorized on the behalf of one, and you solely believe that your copyrighted work has been copied in a way that comprises of copyright infringement which is taking place through the Service, you may submit your notice in written to the attention of "Copyright Infringement" of info@etrality.com and add to your notice a detailed description of the Infringement alleged.
You shall be accountable to the damages (including costs and attorneys' fees) for any misrepresentation in the regard that any Content has infringed your copyright.
Intellectual Property
The Service and its original content (not the Content provided by users), functionality and feature are and would remain as the exclusive property of TMIS as well as its licensors. The Service is guarded by the trademark, copyright, and also other laws of both ………………………………….. and foreign countries. Our trademarks, as well as trade dress, might not be used in connection to any of the product or service without any prior consent of TMIS in written.
Links to Other Web Sites
Our Service may comprise of links to the third-party web sites or the services that are not owned or controlled by the TMIS.
TMIS has no control over, and holds no responsibility for, the privacy policies, content or practices of any of the third party web sites or services. Further, you acknowledge and accept that TMIS shall not be liable, for any damage or loss caused directly or indirectly, or alleged to be caused by or in association with the use of or reliance on any such content, goods and services that are available on or through any such services or web sites.
We strongly recommend you to go through the terms and conditions as well as the privacy policies of any third-party web sites and services that you visit.
Termination
If you breach the terms, we are authorized to terminate or suspend your account instantly, without giving you any prior notice or liability, for any reason whatsoever.
On termination, your right to usage of the Service will get ceased immediately. If you want your account to be terminated, you can simply discontinue the usage of Service.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products and services available on our Service might be mispriced, unavailable or described inaccurately and we might possibly experience delays in the update of information about the Service as well as in our advertising on the other web sites.
We cannot in fact do not guarantee the completeness or accuracy of any information, including product images, specifications, prices, availability, and services. We solely reserve the right to update or change any information and to correct the errors, omissions or inaccuracies at any time without notifying earlier.
Purchases
If you want to buy any product or service available via the Service ("Purchase"), you might be asked to provide certain information which shows relevance with your Purchase including, your credit card number without limitation, the expiry date of your credit card, your shipping information and your billing address.
You represent and warrant that: (i) you hold the legal right of using any credit card(s) or the other method(s) of payment in relation to any Purchase; and that (ii) the information provided by you to us is true, complete and correct.
By submitting such information, you give us the right to give this information to the third parties for the purpose of facilitating the completion of Purchases.
We completely reserve the right to deny or cancel your order at any time for specific reasons that includes but is not limited to availability of the product or service, errors in the price or description of the product as well as service, error in the order placed by you or any other reasons.
We also reserve the right to cancel or refuse your order in case any fraud, illegal or an unauthorised transaction is suspected.
Subscriptions
Some parts of the Service have been billed on the basis of subscription ("Subscription(s)"). You are liable to undergo advanced billing on a recurring and periodic basis ("Billing Cycle"). Billing cycles are either set on a monthly or on the annual basis, relying on the kind of subscription plan that you select while buying a Subscription.
At the end of each Billing Cycle, your Subscription would renew automatically under the exact conditions unless you or TMIS cancels it. You might cancel your Subscription renewal either from your online account management page or by simply contacting the TMIS customer support team.
A valid method of payment, including credit card, is needed for processing the payment of your Subscription. You may provide TMIS with appropriate and complete billing information that includes full name, address, zip code, state, telephone number, and also information about a method of payment that is valid. By submitting this payment information, you automatically authorize TMIS for charging all Subscription fees that have been incurred through your account to such instruments of payment.
In case the automatic billing fails to occur for any specific reason, then TMIS would issue an electronic invoice that indicates you to proceed manually, within a specific deadline date, with the full payment that corresponds to the billing cycle as indicative of on the invoice.
Fee Changes
TMIS, in its sole discretion is authorized to modify the Subscription fees for the Subscriptions and at any time. Any change in the Subscription fee would become effective by the end of the then Billing Cycle.
TMIS will be providing you with reasonable notice of any change that takes place in Subscription fees before hand in order to give you an opportunity for the termination of your Subscription before this change becomes effective.
Your continued usage of the Service post the Subscription fee change comes into effect holds your agreement to pay the modified amount of Subscription fee amount.
Refunds
Paid Subscription fees are non-refundable, except when required by law
Limitation Of Liability
In no event will TMIS, or its directors, partners, agents, employees, suppliers, or the affiliates, be responsible for any type of indirect, special, consequential, incidental or punitive damages, including without limitation, data, use, goodwill, loss of profits, or the other intangible losses that may result from (i) your inability to access or use the Service; (ii) any content or conduct of any third party on the Service; (iii) any content received from the Service; and (iv) use or alteration of and unauthorized access of your transmissions or content, either based on warranty, tort (including negligence), contract or any other legal theory, whether or not all of us have been informed of the probability of such damage, and even if the remedy set forth herein gets failed in its essential purpose.
Disclaimer
Your choice to use the Service is at your sole risk. The Service is offered on an "AS IS" and "AS AVAILABLE" basis. The Service is offered without any kind of warranties, whether implied or expressed, including, but is not limited to the implied warranties of merchantability, non-infringement, fitness for a particular purpose, or course of action or performance.
TMIS and its subsidiaries, affiliates as well as its licensors do not warrant that a) the Service would function without any interruption and is secure or available at any specific time or location; b) any errors or defects that would get corrected; c) the Service is virus free or other free from other harmful components; or d) the results of usage of the Service would meet up your needs.
Governing Law
These Terms may be governed and applied in accordance with the laws of …………………………………… without any relation to its provision of conflict of law.
Our failure to enforce any such provision or right of these Terms shall not be considered as a waiver of these rights. If any such provision of the Terms is considered to be unenforceable or invalid by the court, then the remaining provisions of such Terms would remain in effect. These Terms comprise of the entire agreement amongst us regarding our Service, and replace and supersede any agreements that we might have beforehand between us in relation to the Service.
Changes
We reserve the right, to modify or replace these Terms at any time at our sole discretion. If revision is a material, we would try our best to give at least 30 days notice before any new term comes into effect. Whatever comprises of a material change would be determined at our sole discretion.
By continued access to or use of our Service after those revisions are effective, you agree to get bounded by the revised terms. If you do not agree with the new terms, please discontinue using the Service.
Contact Us
If you have any questions in regard to these Terms, please contact us at info@testmyinternetspeed.org