Terms and conditions
MyTestingLab (“MyTestingLab”, or “us”, “our”, “we”) is a brand of StarDust.
MyTestingLab is an e-commerce platform that allows the user to order testing tasks online.
These Terms and Conditions govern your access and use of the Site.
Information We Collect
In order to buy some testing task, as a Customer, you will be required to log in through a specified social network or provide specified information. If you log in through a social network, we will receive such Personal Information about you as is provided by such social network. Please check the policies of such social network in order to understand what information we receive. If you create an account with us, we receive and store all information that you provide in the creation of the account. We also collect Personal Information when you make use of the Site, including the page you visited or the task you ordered.
The Site will also record certain information automatically, such as your IP address, mobile device or computer, operating system and browser. In addition, we collect any information you provide when you contact us for any reason.
You are not required by law to provide us with any such information, but by using the “Site” and agreeing to the Terms you agree to provide us with such information.
We may use services such as Google Analytics that provides us with analysis of the use of our Site.
How We Use Information
We will not share your Personal Information with third parties without your explicit permission, except when required by law, regulation, subpoena or court order or as otherwise expressly set forth herein. We may use Personal Information and other information internally within StarDust company – for example, to help diagnose problems with our servers, and to make the Services more useful for you and for our other customers.
By analysing all information we receive, we may compile statistical information across a variety of users (“Statistical Information”). Statistical Information helps understand trends and customer needs so that new services can be considered and so the Services and associated services can be tailored to customer desires.
How we Protect Information
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
We will delete any Personal Information provided to us by a user upon the receipt of a written request by such user. We cannot restore information once it has been deleted.
Other Uses or Transfer of Your Information
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of any user suspected to have engaged in illegal behavior.
We may transfer our databases containing information if we sell our business or part of it.
Comments and Questions
Last updated: October 2015
MyTestingLab allows you to access and use the Site subject to these Terms. MyTestingLab may decide to change or modify the Site, or the services provided through the Site, at any time and without notice. MyTestingLab may discontinue providing the Site or any part thereof without notice.
Use of and access to the Site is void where prohibited by law. By using the Site, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Site and (d) your use of the Site does not violate any applicable law or regulation or any obligation.
MyTestingLab may at its discretion monitor and record activities in any part of the Site. MyTestingLab is not obligated to monitor any discussion between the customer and the tester and is not obligated to ensure that the content in any task or discussion between the customer and the tester complies with applicable law or these Terms.
To order a testing task, you need to register by (a) connecting through certain third party accounts, such as Google+ or LinkedIn, or by (b) opening an account with us. By registering through a third party account you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to applicable terms and conditions. If you register directly with us, you represent and warrant that all information that you provide is up-to-date and accurate, and you will ensure that such information remains up-to-date and accurate.
We may terminate your use of the Site if you let someone use your account inappropriately, or if you or anyone using your account violates these Terms. If your account is terminated, you may not rejoin MyTestingLab again without our express permission. You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. MyTestingLab will not be liable for any losses or damage arising from unauthorized use of the Site, and you agree to indemnify and hold MyTestingLab harmless for any improper or illegal use of the Site, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com that your account have been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
You agree that MyTestingLab may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any User Content (as defined below) associated with your account. Grounds for such termination may include : (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, or (iii) behavior that is harmful to other users or the business interests of MyTestingLab. If you account is terminated, MyTestingLab may remove and delete all content, including any reports from our testers, associated with your account.
If MyTestingLab believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site.
You may request termination of your MyTestingLab account at any time and for any reason by sending an email to firstname.lastname@example.org. The provisions hereof regarding intellectual property, confidentiality, indemnification, disclaimer of warranties and limitation of liabilities shall survive the termination or expiration of these Terms for any reason. In addition, for the avoidance of doubt, all assignments effected by you and licenses granted by you during the term that these Terms were in effect shall survive the termination of these Terms for any reason.
In these Terms, (a) an “User” means an individual or entity visiting the Site without registering; (b) a “Customer” or “You” means an individual or entity logged in and or ordering a testing task on the Site; (c) a “Tester” means an individual, employed by StarDust, running the testing task and sending a report; (d) a “Report”means any feedback from the Tester on the Site, including screen shots, documentation and other materials posted on a testing task, on the Site (e) a“Discussion” means a private conversation between the Customer and the Tester.
Visit of the Site:
a User can navigate on any page of the Site that does not require a login. He can start creating a task without engaging himself into buying the task.
Ordering a testing task:
When ordering a testing task on the Site, you agree to provide every needed information to allow the Tester to run your test including: reasonably fair description of your testing request, the correct URL to test your service, a coupon if your service has a tariff planned access, ID if needed etc. If all the needed information is fully provided, the Tester will run your testing task within a time limit of 24 hours (except on Saturdays, Sundays, and French bank holidays).
Discussion between the Customer and the Tester:
As a Customer, you agree to answer the Tester’s questions regarding your testing task. You may never provide the Tester with (a) your credit card details, (b) ID of a real user of your service, (c) your ID details on MyTestingLab (d) payment of any kind, (e) any information that will not be related to the understanding of the testing task and/or the production of the testing task.
If you do not answer the Tester’s questions regarding the understanding or the production of testing task, the Tester may not run the test. If You take a relative long time to answer the Tester’s questions, the engagement of running your testing task in a time limit of 24 hours does not apply. In both case, You cannot ask for a re-credit.
Managing your testing task:
When the tester delivers his Report, he changes your testing task’s status to “done”. After reviewing the Report, you can change the status to “close” or “not approved”. We grant You one month to review the Report. When this time limit is reached, your testing task’s status is automatically and definitely changed to “approved”.
Closing a testing task:
By closing your testing task, you agree the Report is compliant with your expectations. After closing your testing task, you will not be able to re-open it for free.
Not approving a testing task:
If the Report of your testing task is not compliant with your expectations, you need to set the status “not approved”. In this case, You agree to provide relatively fair amount of information to the Tester to explain why you set such status so he can run tests again. In case you would not provide any information about the reason you set such status, the Tester will not run again the test. You may not use the “not approved” status to change the original testing task (request and environment).
To order a testing task on the Site, as a Customer, you need to have a positive number of credits on the Site. If your number of credit is zero, you need to buy credits to be able to order your testing task.
To do so, you can contact MyTestingLab team at : email@example.com.
Your account will be re-credited, if your situation corresponds to the following case:
– After 2 tries, the Report is still not compliant with your expectations for the same original testing task.
– You did not get any discussion and/or Report from the Tester within 24 hours commitment (except on Saturdays, Sundays and French bank holidays).
To get re-credited, please email: firstname.lastname@example.org
You may get a re-credit in the following case:
– You want to cancel your testing task and you did not have neither a discussion nor a Report from the Tester yet.
To ask for a re-credit, please email: email@example.com
You will NOT get re-credited in the following case:
– You changed your original testing task (description and test environment) after receiving the first Report.
– The Tester cannot access your service.
– The Tester notified You he was missing information to run the test and you did not answer.
– The 24 hours commitment is obsolete because of your fault and you ask a refund because such commitment was not kept.
– You marked your testing task as “approved”.
For any other cases, please email: firstname.lastname@example.org.
The team will analyse your situation and decide whether to re-credit your account or not.
In any case, credits bought on the Site cannot be refunded.
Your use of the Site is at your sole discretion and risk. The Site and/or User Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from MyTestingLab. MyTestingLab expressly disclaims all warranties of any kind, express, implied or statutory, relating to the site and/or user content, including without limitation the warranties of title, merchantability, fitness for a particular purpose, or non-infringement. MyTestingLab disclaims any warranties, express or implied, (i) regarding the security, accuracy, reliability, timeliness and performance of the site; or (ii) that the site will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the site. MyTestingLab does not warrant that you will receive any Report prior to 24 hours commitment set on the site.
No advice or information, whether oral or written, obtained by you from MyTestingLab, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties.
In no event shall MyTestingLab or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, and/or consequential damages, arising out of or in connection with your use of the site, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the site, whether the damages are foreseeable and whether or not MyTestingLab has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall MyTestingLab’s cumulative liability to you exceed amounts paid to MyTestingLab for use of the Site. If you have not made any payments to MyTestingLab for the use of the site, then MyTestingLab shall not have any liability towards you.
MyTestingLab is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall MyTestingLab be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, or from the conduct of any users of the site, whether online or offline, or in connection with any borrowing or lending.
MyTestingLab cannot and does not take any responsibility or liability in respect of the actions, errors or omissions of any users.
You agree to indemnify, defend, and hold harmless MyTestingLab and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site, including, without limitation, provision of services in connection with the Site shall be in compliance with all applicable laws, regulations and guidelines.
These Terms shall be governed by the French Law. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Application shall be brought exclusively in the courts of Nanterre and you irrevocably consent to their jurisdiction.
Any cause of action against MyTestingLab must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.
Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and MyTestingLab, or authorizes you to act on behalf of MyTestingLab. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between MyTestingLab and you, pertaining to the subject matter hereof. MyTestingLab may assign its rights and obligations hereunder to any third party without prior notice. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If we are required to provide notice to you hereunder, we may provide such notice to the email account (or other account of any service or social network) that you provided upon registration, and such notice shall be deemed received by you upon our transmission thereof. Any claim against MyTestingLab must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”).
Last updated: October 2015