Terms and Conditions
BY USING TESTUPS.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
The terms “we,” “us,” “our,” and “Testups” refer to Testups Ireland Limited. The term “Site” refers to testups.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
SERVICES AND PRODUCTS
Testups provides services and products. Testups offer online marketing, membership, consultancy, training, courses, commissioning, on-site anechoic chamber installation, measurement services. Testups offer physical products like test instruments, test systems, equipments, chambers, electronic devices, cables and test tables. Testups products and services are related to electromagnetic compatibility (EMC), RF, Microwave, product testing and certification, test and measurement (the “Service”).
Use of testups.com, including all materials presented herein and all online services provided by Testups Ireland Limited, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by Testups Ireland Limited according to this Agreement are limited to those listed on testups.com website. Testups Ireland Limited reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Testups Ireland Limited makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Testups Ireland Limited disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Your personal data will be used to support your experience throughout testups.com, to manage access to your account, and for other purposes described here and testups.com. Your personal data will be used to process your order, support your experience throughout testups.com, and for other purposes described in testups.com. All your personal data is secured by our secured service providers WooCommerce, PayPal, Stripe, MailChimp, Zoho and Google.
In order to use the Service, you may be required to provide information about yourself including your name, e-mail address, username and password, and other personal and company information. You agree that any registration information you give to Testups Ireland Limited will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an e-mail address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service like web hosting, membership site plugins, and etc.. You agree and understand that no breach of contract action may be initiated against Testups Ireland Limited when there are reasonable delays in the access of the Service.
Testups Ireland Limited reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but are not required to do so under the terms of this agreement.
CANCELLATIONS & REFUNDS
We offer money back guarantee for the customers who are not satisfied with our services. We are offering these four options:
1. %100 Money Back Guarantee Terms: If you have ordered any product or service from Testups, we are refunding %100 if we have not started the service, or have not delivered the product yet. We will start refunding process upon your request.
2. %50 Money Back Guarantee Terms: If you have ordered any product or service from Testups, and if we have finished the service or delivered the ordered product, you can claim a refund if you are not satisfied in 30 days after the delivery. We are refunding %50 of what you paid conditionally. Before refunding, you have to submit a technical explanation which can be verified by third party organizations. Before refunding, you have to send delivered items/products back to us. All items/products sent back has to be same as delivered. Received back items/products will checked by us. We will start refunding process upon your request if above conditions are satisfactory.
3. %5 Money Back Guarantee Terms: If you have ordered any product or service from Testups, and if we have finished the service or delivered the ordered product, you can claim a refund if you are not satisfied in 360 days after the delivery. Before refunding, you have to submit us an explanation that you are unsatisfied and allow us to publish your explanations, name and company details publicly on our website. On same page, we will respond your explanations and start %5 refunding process upon your request if above conditions are satisfactory.
4. Conditional Money Back Guarantee Terms: If you have ordered any product or service from Testups, you can claim a refund if your case does not match %100, %50 and %5 Money Back Guarantee Terms given above.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. For all materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Testups Ireland Limited may provide access to a community or social media platforms in conjunction with the Service. Testups Ireland Limited is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Testups Ireland Limited may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Testups Ireland Limited will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Testups Ireland Limited is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Testups Ireland Limited’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Testups Ireland Limited. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Testups Ireland Limited remains yours to the extent that you have any legal claims therein. You agree to hold Testups Ireland Limited harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Testups Ireland Limited for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Testups Ireland Limited , including trademarks, copyrights, proprietary information, and other intellectual property. Testups Ireland Limited’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Testups Ireland Limited’s copyrighted materials shall remain the sole property of Testups Ireland Limited No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, TESTUPS IRELAND LİMİTED IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF TESTUPS IRELAND LİMİTED HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TESTUPS IRELAND LİMİTED’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM TESTUPS IRELAND LİMİTED, AND IF NO PURCHASE HAS BEEN MADE BY YOU TESTUPS IRELAND LİMİTED’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Testups Ireland Limited You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Testups Ireland Limited pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Testups Ireland Limited shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Testups Ireland Limited.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Company name: Testups Ireland Limited
Registered address: 22 Northumberland Road, Ballsbridge, Dublin 4. D04 ED73 Ireland
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Updated on 24 June 2022
Testups Ireland Limited is a registered company with registration number 634977 and tax ID: 3570537IH.
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