Terms and Conditions

This website is owned and operated by Pragmatic QA Limited. We provide and maintain this website for the benefit of users of our services. On our website we provide hosted tools and processes to allow users to create individual surveys, run surveys, obtain survey results, and use related services.

The Services and use of the Site are provided to you subject to the terms and conditions set forth in this agreement (“Terms and Conditions” or “Agreement”)..

By using this website, you agree to comply with and be bound by the following Terms and Conditions which govern Pragmatic QA Limited’s relationship with you in connection to this website. You hereby acknowledge that you are at or over the age of majority in your place of residence.

The term “Pragmatic QA” or “us” or “we” refers to the owner of this website. The term “you” or “your” refers to the user or viewer of this website. The term “site” refers to this website. The term “service” refers to the hosted tools and processes provided on this Site.

The use of this site is subject to the following terms:

General Conditions


1. USE OF AND MODIFICATIONS TO THE SITE OR SERVICES
You acknowledge and agree that we may, with or without notice, modify or terminate the Site. Further, we may modify these Terms and Conditions from time to time, including the fees we charge for Services. We will notify you of changes we make by posting a notice on our Site, or, if we choose, by sending you an email. If you do not accept the changes, you must terminate your account or other use at that time. Your use of the Site after the notice is posted (or we send you the email) shall be deemed to be acceptance of the modification or termination of the Site or these Terms and Conditions.

This Site contains material that is owned by, or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. The copying, reproduction, translation, adaptation, variation or modification of the material contained on this Site is prohibited. Unauthorised use of this Site may give rise to a claim for damages and/or be a criminal offence.

You acknowledge and agree that Pragmatic QA may add an identifying message to surveys stating "Powered by PragmaticSurvey" or a similar message. Any explicit attempt to remove this is a violation of the terms of this Agreement.

You understand that the Site is serving as “survey host” and is not the sender or originator of any survey, and that you are therefore solely responsible for your communication activities using the Site.

You warrant that you either have an ongoing business or personal relationship with or have obtained consents to invite participation in a survey to the persons on any lists you have acquired.

You acknowledge, warrant and agree that:

You will not transmit through the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.

You will not upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else’s computer or the Site.

You will not interfere with nor disrupt networks connected to the Site. Any attempt by you to gain unauthorized access to any computer system, including accounts or databases maintained by and for Pragmatic QA Limited, is strictly prohibited.

If you engage in any activity set forth in this paragraph or violate any terms or conditions of this Agreement, your account will be terminated and use of the Site prohibited. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

2. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.TO THE FULLEST EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE CONTENTS OF SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE PART IN SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SITE NOR ARE WE RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DO WE WARRANT THE COMPLETENESS, SUITABILITY, RELIABILITY, ACCURACY OR LACK OF VIRUSES OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SITE.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SITE.

Any failure or neglect by us to enforce any of the terms of this Agreement shall not be construed as or deemed to be a waiver of our rights under this agreement.

Any dispute arising out of the use of this website is subject to the laws of England and Wales.

3. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Pragmatic QA Limited, its officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the Site or surveys, survey responses, survey reports and any other conduct related in any way to the Site, including but not limited to a result of your breach of this Agreement.

4. REGISTRATION & PASSWORD.
You undertake to provide current, complete and accurate information in the registration section of the Site. You provide a password in order to access the Site and your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information.

You will immediately notify us of any unauthorized account activity or any other breach of security of which you become aware.

This Site is a single user service. Multiple logins and passwords to the same account are not available or permitted. You may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate account termination.

5. PAYMENT TERMS; CANCELLATION.
You agree to pay, and we will automatically charge, all account fees and including any applicable taxes, at the rates in effect when the fees are incurred. We may change the fees then in effect, or add new fees, by giving You advance notice.You may cancel your account at any time by sending us an email: admin@pragmaticqa.com

Upon receipt of your cancellation email, we will promptly terminate your access to the Site. No refunds of fees will be given. We reserve the right to terminate your account and/or discontinue Services at any time for any reason.

Account fees chargeable will be reduced as shown on the Site (a “Discounted Account”) for:

Organizations set up for charitable purposes
Organizations working in the education and training sector or
Organizations set up for medical research

and that can submit to us their governing document as proof within the timeframe as shown in the email we will send you.

Termination of this Agreement for breach of this Agreement shall not entitle You to a refund of any fees previously paid by You.

6. AVAILABILITY OF SERVICE
Every effort is made to keep this Site up and running smoothly. However, we take no responsibility for, and will not be liable for, this Site being temporarily unavailable due to technical issues beyond our control.

7. PRIVACY POLICY
a. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Site you can be assured that it will be secure. In order to prevent any unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

b. We will not sell, distribute or lease your personal information to any third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

c. We may collect information about you, for example, name and job title; contact information including email address; other demographic information such as postcode, preferences and interests; and any other information relevant to customer surveys and/or offers. This information is required to understand your needs and provide you with a better service, and in particular, for the following reasons: internal record keeping; to improve our products and services; to periodically send you promotional emails about new products, special offers or other information which we think you may find interesting by using the email address that you have provided. You have the option not to receive these types of communications and we will provide various means to enable you to do this.

d. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small administration fee will be payable upon application. If you would like a copy of the information held on you please write to admin@pragmaticqa.com. If you believe that any information we are holding about you is incorrect, or incomplete, please write to us as at the above email address. We will promptly correct any information found to be inaccurate.

8. EXTERNAL LINKS
Our Site may contain links to other websites of interest. However, once you have used these links to leave our Site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such websites and such websites are not governed by these Terms and Conditions of use. You should always exercise caution and look at the privacy statement applicable to the website in question.

You may not create a link to this Site from another website or document without our prior written consent.

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