1. Introduction
By accessing NGSTQB Testing Community (hereinafter “we”, “us”, “our”, NGSTQB Testing Community, “https://www.ngstqbtestingcommunity.ngstqb.ng”), you agree to be legally bound by the following terms.
If you do not agree to be legally bound by all of the following terms then please do not access and/or use NGSTQB Testing Community.
We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of NGSTQB Testing Community after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, and sexually-orientated or any other material that may violate any laws be it of your country or the country where NGSTQB Testing Community is hosted. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us.
You agree that NGSTQB Testing Community have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, NGSTQB Testing Community hall not be held responsible for any hacking attempt that may lead to the data being compromised.
1.0 Scope
- The provisions of these TERMS OF USE govern the entire legal relationship between the validly registered user (user) and NGSTQB Testing Community and are applicable to all services provided to the user or offered on the NGSTQB Testing Community Web Portal (NGSTQB Testing Community Service(s) or service(s)) and also to all of the user’s actions, contents, or other material relating to the NGSTQB Testing Community Web Portal. No conflicting terms of use or conditions of the user shall be applicable and are hereby rejected. The complete and valid TERMS OF USE are available in a printable and storable form on each NGSTQB Testing Community Web Portal under Terms & Conditions.
- The user enters into this agreement on the use of services with NGSTQB Testing Community. In so far as these TERMS OF USE mention other users of the NGSTQB Testing Community Web Portal, these TERMS OF USE shall also govern the interaction between users. However, no user shall claim rights under this agreement against other users without prior consent of NGSTQB Testing Community.
- NGSTQB Testing Community reserves the right to amend these TERMS OF USE at any time insofar as these amendments are based on legitimate interests and not unreasonable for the user. NGSTQB Testing Community shall give due notice of any amendments of these TERMS OF USE to the user via the user’s email address and/or by placing a notice in the user’s personal inbox in his/her Membership Section on the NGSTQB Testing Community Web Portal. The amendments to the TERMS OF USE shall be effective from that point in time unless the user objects within four (4) weeks after receipt of the said notice by communicating his/her objection through the contact form as available on each NGSTQB Testing Community Web Portal, provided that NGSTQB Testing Community has explicitly informed the user about the consequences of user’s non-objection.
2.0 Services
- NGSTQB Testing Community provides the user with an internet platform which incorporates technical applications that allow the user to establish contact and share information with other users. This service as being made available via the NGSTQB Testing Community Web Portal includes upload, download, and posting options regarding materials and information which NGSTQB Testing Community, the user, or other users want to share on the NGSTQB Testing Community Web Portal (content(s)). The NGSTQB Testing Community online platform also provides for a technical function which automatically matches similar user profiles by comparing certain criteria of such profiles. The services are described in detail on the NGSTQB Testing Community Web Portal.
- NGSTQB Testing Community does not take part in any communication between users and is not responsible for or party to any agreements that users make by communicating over NGSTQB Testing Community Web Portal. The principles set forth in this Section 2.2 shall also apply
- to any agreements between users and third-party service providers providing supplemental services embedded in or linked to the NGSTQB Testing Community Web Portal. Such third-party service providers are acting independently from NGSTQB Testing Community, and NGSTQB Testing Community does not accept any liability for third parties’ acts or omissions.
- Users who want to take advantage of the services provided on NGSTQB Testing Community Web Portal have the option to register for a free membership.
- The services include offers to join certain groups or subgroups and other forums on the NGSTQB Testing Community Web Portal. The user acknowledges that these groups may be established by other users of the services and accordingly, the user moderating the respective group is free to choose whether the user may join or remain in the group. NGSTQB Testing Community is not responsible or liable for the participation or any action of the user or any other users, including the group moderator, in the group.
- NGSTQB Testing Community reserves the right to modify the services or to offer services different from those offered at the time of the user’s registration at any time provided such modifications are based on good reason and not unreasonable for the user. NGSTQB Testing Community shall give due notice of any amendments of services to the user via the user’s email address and/or by placing a notice in the user’s personal inbox in his/her Membership Section on the NGSTQB Testing Community Web Portal. The amendments to the Services shall be effective from that point in time unless the user objects within four (4) weeks after receipt of the said notice by communicating his/her objection through the contact form as available on each NGSTQB Testing Community Web Portal under Contact, provided that NGSTQB Testing Community has explicitly informed the user about the consequences of user’s non-objection.
- The user understands that it is technically impossible to offer or guarantee a 100% availability of the NGSTQB Testing Community Web Portal. NGSTQB Testing Community will make reasonable efforts to keep the NGSTQB Testing Community Web Portal available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond NGSTQB Testing Community’ reasonable control (e.g. disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services.
3.0 Registration
- To sign up for Membership users must apply for membership by completing the registration procedure on the NGSTQB Testing Community Web Portal. By completing the registration procedure, the user consents to enter into this agreement to use the services. NGSTQB Testing Community accepts this offer by activating the user’s membership and personal account.
- The user guarantees that the information submitted to NGSTQB Testing Community for registration is complete and truthful. The user shall not use pseudonyms or nicknames; however, NGSTQB Testing Community may allow exemptions at its sole discretion. The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that NGSTQB Testing Community can establish contact at all times with the user via the contact details provided by the user in the user’s profile on the NGSTQB Testing Community Web Portal. However, NGSTQB Testing Community will preferably make any communication with the user via the user’s personal Membership Section on the NGSTQB Testing Community Web Portal.
- NGSTQB Testing Community reserves the right to refuse membership of any user for any or no reason. A user has no right to membership within the NGSTQB Testing Community community.
- The user hereby confirms that the user is of legal age at the time of registration and has not already registered with NGSTQB Testing Community, i.e., only maintains one (1) user account.
- User accounts are not transferable.
- During registration, the user must determine a password which they will use to identify themselves to access the Web Portal, the services, and the user’s personal account. The user is responsible for keeping the password secret and preventing other persons from accessing the user’s account via this password. The user agrees to notify NGSTQB Testing Community immediately of any unauthorized use of the user’s password or account or any other breach of security through the contact form available on each NGSTQB Testing Community Web Portal under Contact. The user promises to immediately inform NGSTQB Testing Community if there is any indication that the password is being used by third parties. NGSTQB Testing Community will not be liable for any loss or damage arising from the user’s failure to properly comply with this section.
- As far as the user is in breach of the provisions in this Section 3, NGSTQB Testing Community shall be entitled to terminate this agreement for good cause with immediate effect, to block the user’s account and/or to prevent further use of the services and the Web Portal by the user. Any other rights of NGSTQB Testing Community shall remain unaffected.
4.0 User’s Obligations
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- The user shall only provide true and accurate personal, social, and professional information and shall not post on NGSTQB Testing Community Web Portal any photographs identifying the user which are older than three
- years or on which the user cannot be clearly and plainly recognized. The user shall not use any nicknames or pseudonyms to identify the user.
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The user shall not use, upload, post, email, send, transmit, or otherwise make available (in particular towards other users), or have others make available on the NGSTQB Testing Community Web Portal, any contents that violate laws and statutes in any manner (illegal contents), such as, but not limited to:
- Contents breaching third-party rights – e.g. copyright, performance, and commercial property rights such as brands, patents, registered designs, design rights, and also other rights, for example name and personality rights;
- contents which are insulting or defamatory, regardless of whether said contents are directed at NGSTQB Testing Community personnel, other companies, or another user;
- contents and actions violating criminal law, promoting anti-constitutional organizations or displaying the insignia of such organizations; contents glorifying violence; racist, pornographic, sexist contents; contents harmful to young persons; contents trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offenses, gambling, insult or slander, defamation, etc.;
- contents promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling, or pyramid sales);
- contents annoying, pestering, or harassing any other user (cf. Section 7 of the German Unfair Competition Act; e.g. spam, chain letters, multi-level marketing, or multi-level network marketing);
- contents which include information for which the user has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information, insider information, etc.);
- contents that contain company logos. This excludes moderators of NGSTQB Testing Community , who may use the NGSTQB Testing Community logo;
- contents intended to disrupt, destroy, limit, or impair services on the NGSTQB Testing Community Web Portal or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts, etc.
- When using such services, the user shall adhere to all NGSTQB Testing Community networking, Forum, Content, Event, and Activity Guidelines as amended from time to time.
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The user shall not
- send identical messages to more than one (1) user on the NGSTQB Testing Community Web Portal;
- disguise the origin of any communication via the services or disguise the user’s own identity while using the services in any way;
- disobey any requirements, procedures, policies, or regulations set up for the use of the services on NGSTQB Testing Community Web Portal;
- interfere with or disrupt the NGSTQB Testing Community Web Portal, its servers, or General Terms and Conditions of NGSTQB Testing Community. Nor shall the user engage in acts that impair the operability of NGSTQB Testing Community ’ infrastructure, particularly those which may overload the said infrastructure;
- block, overwrite, modify, or copy any contents on NGSTQB Testing Community Web Portal, unless the said actions are necessary for the proper use of the services. The use of any search engine technology is not necessary for the proper use of the services and is therefore prohibited;
- tag other users or send email invitations to non-users without their prior consent.
- In the event NGSTQB Testing Community has good reason to believe that the user has breached his/her obligations under this Section 5, the user agrees that NGSTQB Testing Community shall be entitled to review the user’s personal data, communication and networking, however, only to the extent as required to verify such breach.
5.0 Granting Rights to Use
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The user grants NGSTQB Testing Community all rights necessary with respect to contents to fulfil the purpose of this agreement.
In particular, the user grants NGSTQB Testing Community the royalty-free, perpetual, irrevocable, non-exclusive, universally transferable, and fully sub-licensable right to:
- to store all contents (in particular images, videos, text, etc.) uploaded or posted during the use of the NGSTQB Testing Community Web Portal in an electronic form,
- to make the same available to other users and third parties and to disseminate the same to other users and third parties upon demand by way of download, and also to permit other users and third parties to make virtual or physical copies of these contents for their personal or other own use,
- to reproduce, disseminate, make generally available, and broadcast all uploaded contents on our Web Portal
- to process the contents in a user-friendly form, make the same amenable for research and process the same such that other users and third parties can access the same at any time. This includes converting the contents into other data formats. NGSTQB Testing Community is also granted the right to process the contents with respect to visual appearance, font, layout, scaling etc. NGSTQB Testing Community shall have the right to combine the contents or parts thereof with its own or third-party contents, in particular to add links to the contents or make the same available to third parties via links,
- to amend, shorten, block, or suspend access to, and delete any contents provided by the user.
- With respect to all contents described above, the user hereby waives the exercise of all moral rights as far as legally possible, in particular with respect to infringements through changes to the contents made by NGSTQB Testing Community or third parties.
- The user hereby warrants that with respect to the entire contents furnished by the user, the user is the holder of the corresponding intellectual property rights or is entitled to use and transfer rights of use (in particular for publication, reproduction, and dissemination) to the extent necessary and required under these TERMS OF USE and during the course of the contents being used on the NGSTQB Testing Community Web Portal without the infringement of any third-party rights.
- The user hereby acknowledges the right of NGSTQB Testing Community to publish any photographs or film footage taken at NGSTQB Testing Community Official Events or Activities on the NGSTQB Testing Community Web Portal and/or on any platform approved by NGSTQB Testing Community. Should the user wish to refuse the same, the user must clearly express this wish to the photographer or cameraman at the Event or Activity. Should the user wish to have NGSTQB Testing Community remove a photograph already published on the NGSTQB Testing Community Web Portal, the user must contact NGSTQB Testing Community through the contact form available on NGSTQB Testing Community Web Portal under Contact.
6.0 No Responsibility for the User’s and Third-Party Contents
- NGSTQB Testing Community shall not be liable for any contents provided by or made available by any user, including the user’s contents. In particular, NGSTQB Testing Community does not guarantee that any such contents are true or accurate, or that it fulfils or serves any particular purpose.
- If the user finds contents offensive or objectionable or a breach of the user’s or any third-party rights, or illegal in any other way, the user shall contact NGSTQB Testing Community through the contact form available on each NGSTQB Testing Community Web Portal under Contact. NGSTQB Testing Community will investigate the complaints and violations of its policies and may take any appropriate action, including, but not limited to issuing warnings, removing or blocking the contents, or terminating accounts and/or subscriptions.
- The user acknowledges that the NGSTQB Testing Community Web Portal include and provide contents provided by third-party providers as well as links to Web Portal of third parties (altogether third-party contents). NGSTQB Testing Community shall not be liable for any such third-party contents, but will comply with its obligations in accordance with Nigerian law.
7.0 Privacy
NGSTQB Testing Community acknowledges that any personal data provided by the user to NGSTQB Testing Community is extremely important to the user. NGSTQB Testing Community shall comply with all applicable legal provisions regarding data protection (Nigerian Data Protection Regulation (2019 Regulation), and any other applicable data protection legislation). In particular, NGSTQB Testing Community shall not provide or otherwise disclose any personal data of the user to any third party without consent, unless NGSTQB Testing Community is required by statutory applicable law to reveal the data to third parties, in particular government or regulatory bodies, or if the transfer of data is necessary for operation of debiting procedures as described in Section 4.1 above. Details on NGSTQB Testing Community’s handling and processing of the user’s personal data are set forth in the Privacy Policy of NGSTQB Testing Community for the use of the services under the top level domain https://www.ngstqbtestingcommunity.ngstqb.ng and the NGSTQB Testing Community mobile applications (Privacy Policy) accessible on NGSTQB Testing Community Web Portal under Privacy Policy.
8.0 Liability of NGSTQB Testing Community
- Subject to the provisions set out in this section, NGSTQB Testing Community shall only be liable for any damages, irrespective of the cause of action, including tort, which (i) are caused by negligent violation of an essential contractual obligation which have to be duly fulfilled for the achievement of the contractual purpose and on which fulfilment the user can rely on under normal circumstances, or (ii) are caused by gross negligence or wilful misconduct of NGSTQB Testing Community.
- To the extent NGSTQB Testing Community is held liable under the preceding paragraph, NGSTQB Testing Community’s liability shall be limited to those typical damages which NGSTQB Testing Community could reasonably foresee at the time of execution of the agreement, based on circumstances known to NGSTQB Testing Community at that time, provided, however, this limitation shall not apply if any damages are caused by NGSTQB Testing Community’s gross negligence or wilful misconduct.
- NGSTQB Testing Community shall not be liable for any consequential, incidental, or indirect damages unless those damages are caused by NGSTQB Testing Community’s gross negligence or wilful misconduct.
- Nothing in this Section 8 shall limit NGSTQB Testing Community’s liability for personal injury and property damage claims based on the Nigerian Liability Act.
- NGSTQB Testing Community only provides the technical infrastructure which is necessary for its users to communicate and to interact with other users. Each user is solely responsible for his/her behaviour and his/her interaction with other users. In particular, NGSTQB Testing Community does not conduct a background check of its users and does not verify any statement from its users. Therefore, NGSTQB Testing Community shall not be liable for any user’s behaviour and interaction with other users.
- Furthermore, NGSTQB Testing Community only provides the infrastructure for NGSTQB Testing Community users to organize activities or to interact with each other, but does not organize such activities. These activities are solely organized by Groups or individuals on a voluntary basis. Therefore, save as stipulated otherwise herein, under no circumstance shall NGSTQB Testing Community assume legal responsibility for damages related to such Activities or to other interaction between its users. Nor is NGSTQB Testing Community legally responsible for the behaviour or actions of NGSTQB Testing Community users or any other attendees during such activities.
- The Activity Coordinators are in no way legally connected to NGSTQB Testing Community, and, in particular, not employees of NGSTQB Testing Community. The Activity Coordinators do not represent NGSTQB Testing Community as vicarious agents. Thus, NGSTQB Testing Community does not accept any legal responsibility and liability for damages resulting from the behaviour and actions of Activity Coordinators.
- Furthermore, NGSTQB Testing Community only provides the infrastructure for NGSTQB Testing Community users to organize NGSTQB Testing Community events or to interact with each other. These events are organized on a voluntary basis. Therefore, save as stipulated otherwise herein, under no circumstance shall NGSTQB Testing Community assume legal responsibility for damages related to such events or to other interaction between its users. Nor is NGSTQB Testing Community legally responsible for the behaviour or actions of NGSTQB Testing Community users or any other attendees during such events.
- Event Coordinators are in no way legally connected to NGSTQB Testing Community and, in particular, not volunteers of NGSTQB Testing Community. Event Coordinators do not represent NGSTQB Testing Community as vicarious agents. Thus, NGSTQB Testing Community does not accept any legal responsibility and liability for damages resulting from the behaviour and actions of Event Coordinators.
9.0 Indemnity
The user shall indemnify and hold NGSTQB Testing Community harmless and not accountable for claims for breach of third-party rights for which the user is responsible or any damage which is caused by a breach of any contractual obligations by the user. In particular, the user shall indemnify and hold NGSTQB Testing Community guiltless and not accountable for claims by third parties resulting from any illegal acts by the user, in particular with respect to contents provided by the user infringing third-party rights or otherwise illegal contents. In so far as such infringement of rights result in court proceedings, the user shall also bear the costs incurred by NGSTQB Testing Community as a result, in particular court and attorney costs.
10.0 Methods of Communication with the User
Unless otherwise stated in these TERMS OF USE, the user shall submit all notices to NGSTQB Testing Community and shall communicate with NGSTQB Testing Community through the contact form available on NGSTQB Testing Community Web Portal under Contact. Unless otherwise stated in these TERMS OF USE, NGSTQB Testing Community will send all notices and other communications to the user by placing a notice via the user’s personal Membership Section on the NGSTQB Testing Community Web Portal
11.0 Miscellaneous
- If any provision of these TERMS OF USE is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The same consequence shall apply to unintended gaps within these TERMS OF USE.
- The place of performance under these TERMS OF USE shall be NGSTQB Testing Community’s main place of business.
- Place of jurisdiction, insofar as legally admissible, shall be Lagos, Nigeria. This shall not impair any consumer jurisdiction forum competent for a dispute.
- Save as provided otherwise in this Section, these TERMS OF USE and the contractual relationship shall be governed by Nigerian Law.
12.0 Content Disclaimer
To the best of our knowledge, all information in articles on NGSTQB Testing Community Web Portal published by NGSTQB Testing Community is accurate and up-to-date at the time of publication. However, the NGSTQB Testing Community administrators and moderators makes no claim that the information contained in these articles is complete, nor do we give any guarantee whatsoever on the accuracy off the content. While all our articles are reviewed regularly, some of the information might have changed since the time of publication or the last review.
The articles are neither legal advice in any way, nor can they replace the knowledgeable opinion of lawyers or other professionals in the various fields discussed in the articles.
Please note that NGSTQB Testing Community is not responsible for the accuracy of and opinions expressed in member-contributed articles.
The articles aim to offer current and future expats a glimpse into what awaits them and intends to inform them about the different aspects of expat life. However, we cannot be held responsible if the user’s own experiences differ from what is presented in the articles.