These Terms of Service (“Terms”) govern your access to and the use of the Axinqa Limited (“Axinqa”, “we”, “us”, or “our”) website located at www.axinqa.com / www.axinqa.co.uk (“Website”) and any associated platform, software, tools, features, or functionalities provided on or in connection with our services, including without limitation our services to access and use the Website (collectively, the “Service” or "Services").

For the purposes of these Terms, “user”, “you” and “your” means you as the user of the Service. If you use the Service on behalf or in connection to a company or other entity, then the terms “user”, “you” and “your” means you and that entity, and includes its directors, agents, subcontractors and employees, as applicable. Please read these Terms carefully as they contain important information and affect your legal rights. By clicking to accept and/or accessing or using our Service, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

These Terms were last updated 9 May 2023.

1. Accessing the Service

The Website is intended to provide information about our software testing and quality assurance services, as well as news and updates related to software testing (the "Products"). You must give us all relevant information in order to facilitate your registration for queries and/or contacting us regarding our Products, including your identity and contact details,  address and any other information which may affect or assist our ability to provide access to our Products and the Service.

You must keep us updated and inform us of any changes to the information you have provided to us. We will collect, access, use and disclose your personal information in accordance with our Privacy Policy. By using the Website in connection to the Products and Services, you agree that any information given to us is in accordance with these Terms and any other terms or policies notified to you by us or any other applicable providers.

As a condition for your use of the Service, you warrant to us that:

If you use the Service on behalf of a company, you represent and warrant that:

We will ensure that we maintain the operation of the Website and any other platforms to ensure that they are in good working order, subject to internet and network connection issues which are beyond our control.

The Service provided to you is not exclusive to you and we may provide similar services to other users of the Website and any associated platform.

2. User Conduct

You represent and warrant that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and data, while accessing or using the Website.  When using  the Website, you must not:

You must comply with all of our usage guidelines, directions and policies as notified to you from time to time. The provision of the Website and associated platforms does not include the provision of a computer, mobile telephone, handheld device or other equipment to access the Website and associated platforms. To use the Website, you will require internet connectivity.

You acknowledge that the terms of agreement with your internet provider will continue to apply when using the Website. As a result, you may be charged by your internet provider for access to network connection services for the duration of the connection while accessing the Website or any third party charges that may arise, and you accept responsibility for all such charges.

3. Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge that we own all intellectual property rights in the Website and Service and warrant that you will not undertake any action that infringes our intellectual property rights. You acknowledge that the Website and its components may contain software licensed from third parties. All rights in and to any such third party website are reserved by and remain with the applicable third parties. You agree that such third parties may enforce their rights under these Terms against you directly in their own capacity. You must not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Website or any of our registered or unregistered trade marks.

4. Acknowledgement

You acknowledge and agree that we are merely responsible for providing information regarding our Products on the Website, and that we do not warrant that the Website will be compatible, or operate in any combination with your equipment. Access to the Website depends on the internet provider and other external factors and we do not guarantee the availability of the Website at all times or at any specific times.

While we take reasonable precautions to ensure the Website is secure, we do not guarantee the Website to be free from virus, spyware or malware (as those terms are generally understood in the IT industry); and we may monitor access and use of the Website and any other associated platforms by you.

5. Disclaimer

The materials provided on the Website are not comprehensive and are for general information resource purposes only. Axinqa does not make any representations or warranties that the information provided on the Website and throughout the Service is reliable, accurate or complete.

You acknowledge that the Website is provided as is and as available and your use of the Website is entirely at your own risk, and that we are not liable for any loss or damage resulting from any action taken or reliance made by you on any information contained within the Website.

You warrant that you have satisfied yourself as to the description and condition of the Website and the Services provided and its fitness for the purpose for which you ordered and used it. We make no warranty that the Website will meet your requirements, or that the Website will be available on an uninterrupted, timely, secure, or error-free basis.

The website links provided in the Website and through the Service are provided for convenience only. We do not take any responsibility for their content or endorse any opinions or recommendations provided in those websites. By clicking on those website links, you agree that you are solely responsible for agreeing to the terms and conditions of those websites and for any damages or loss caused from following those links.

To the fullest extent permitted by law, except as expressly set out in these Terms, all conditions, warranties, terms and obligations expressed or implied by law or otherwise relating to these Terms or the performance of the obligations by us under these Terms, are excluded.

6. Limitation of Liability

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Axinqa arising out of or in any way related to these Terms, the access to and use of the Service and the Website, content, or any Products or services exceed the total amount paid by you to us. To the full extent permitted by law, we exclude all liability for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Website or the materials on the Website, even if Axinqa or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of these Terms, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

7. Changes to the Website

We may change, modify, substitute, suspend, remove or disable the Website and any information and features contained on the Website and the Service from time to time without any notice to you. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities on the Website. We will attempt to restore access to the Website as soon as we reasonably can.

8. Indemnity

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless Axinqa and our respective past, present and future employees, contractors, subcontractors, and agents against any claims or liability incurred by us, and loss or expenses incurred by us in dealing with any claims against us, including costs and disbursements on a solicitor client basis, and a cost of time spent, resources used or expenses paid by us, arising from:

9. General

Nothing in these Terms constitutes a partner or joint venture relationship. Neither party may purport to act on behalf of the other party unless expressly authorised to do so in writing.

We are not your agent for any purpose in relation to these Terms or your use of the Service. The Website may be accessed within the United Kingdom and, where permitted by technology and decided by us, outside of the United Kingdom. The law of England and Wales shall apply to these Terms and you hereby submit to the jurisdiction of the courts of England and Wales.

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

These Terms (and any documents executed in connection with it) are the entire agreement of the parties about its subject matter and supersede all other representations, arrangements or agreements that relate to the use of the Website. We may amend these Terms from time to time. The amended Terms will be notified to you via the Website and will take effect from the date of amendment of the Website. If you continue to use the Website after we have notified you of the amended Terms, you are taken to accept and be bound to the amended Terms.

A provision of or a right under these Terms may not be waived or varied except in writing signed by the person to be bound.