When we say “Company”, “we”, “our”, “us”, “T-Con“ in this document, we are referring to Tokus Consulting Services Limited.
When we say “Services” or “Apps”, we mean any product created and maintained by T-Con. This includes TestSpell - BDD & Cucumber for Jira.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your access to any of our Services.
General Use Rights and Restrictions
Subject to the Terms, T-Con may provide certain services and content, as described more fully in the Services, and which are selected by you through the process provided in the Services. The Services shall include but are not limited to, any services T-Con performs for you, as well as the offering of any materials displayed or performed in the Services, including but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips (the "Content") in the Services.
The Content provided as part of the Services is the sole responsibility of the person from which such Content originated. T-Con may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. T-Con may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.
All Services and Content, including information, documents, products, goods, and software as provided in the Services, were provided by or to T-Con by its respective manufacturers, authors, developers, and vendors (the "Third-Party Providers") and may be protected by intellectual property rights. Except as stated herein, none of the Services and Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of T-Con or the Third Party Provider. No part of the Services, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of T-Con. You also may not, without T-Con’s prior express written permission, link to or "mirror" any Services or Content contained in this Services on any other server.
Nothing in this Services shall be construed as conferring any license under any of T-Con’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Third-Party Content Disclaimer
Service and Content provided by Third Party Providers have not been independently authenticated in whole or in part by T-Con. T-Con does not provide, sell, license, or lease any of the Services or Content other than those specifically identified as being provided by T-Con.
T-Con is committed to respecting others’ intellectual property rights, and we ask you to do the same. T-Con may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights.
Links to Third Party Sites and Services
The Services may be linked to other Services, sites, and resources that are not under the control of and are not maintained by T-Con. T-Con is not responsible for the content of those Services, sites or resources. T-Con is providing these links to you only as a convenience, and the inclusion of any link to such Services and sites does not imply endorsement by T-Con of those Services, sites or resources. You acknowledge and agree that T-Con is not responsible for the availability of such external Services, sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those Services, sites, or resources.
When you access a non-T-Con Services or site, even one that may be linked to T-Con or contain its logo, it is up to you to take precautions to protect yourself from any viruses and other potentially destructive programs, and to protect your information as you deem appropriate.
Unless otherwise explicitly stated, any information or documentation provided by you in connection with the Services shall be deemed to be provided on a non-proprietary and non-confidential basis. T-Con shall have no obligation of any kind with respect to such information or documentation and shall be free to use or disseminate it on an unrestricted basis for any purpose.
You acknowledge that you are responsible for the information and documentation that you submit, and you, not T-Con, have full responsibility for it, including its legality, reliability, appropriateness, originality, and copyright.
Disclaimer of Warranty
Unless otherwise explicitly stated, the Services, Content, and Software available on and through the Services are provided "as is", are experimental, and are for commercial use only, and all express or implied conditions, representations, and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. T-Con makes no representations, warranties, guarantees as to the quality, suitability, truth, accuracy, or completeness of any of the Services, Content, and Software contained on or available through the Services. Any questions regarding these should be directed to T-Con or the Third Party Providers, as applicable.
You understand and agree that if you download or otherwise obtain the Services, Content and Software available on and through the Services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
Limitation of Liability
T-Con shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Services, Content, and Software available on and through the Services. In no event shall T-Con be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data, or other economic advantages) however it arises, whether for breach or in tort, even if T-Con has been previously advised of the possibility of such damage.
You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Services and will not make a claim against T-Con for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Services, Content, and Software.
You agree to hold T-Con harmless from, and you covenant not to sue T-Con for, any claims based on using the Services.
Governing Law and Jurisdiction; Export Control
These Terms shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales. Diversion of the Services, Content, and Software contrary to the law of England and Wales is prohibited. You agree that none of the Services, Content, and Software, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the UK Government.
T-Con controls and operates the Services from England, the UK, and makes no representation that the Services, Content, and Software are appropriate or available for use in other locations. If you use the Service from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials found on the Services are solely directed to individuals, companies, or other entities located in the UK, Europe, and the United States.
These Terms represent the entire understanding between the parties relating to the use of the Services and supersede any prior or contemporaneous, conflicting or additional, communications, oral or written. T-Con may revise these Terms at any time without notice by updating this posting.
If you have a question about any of the Terms of Service, please contact us.