Policies and agreements

Cookie Policy

We use cookies to optimize site functionality and analyse our traffic. These cookies are used to collect information about how you interact with our website and allow us to remember you. We use this information in order to improve and customize your browsing experience and for analytics and metrics about our visitors both on this website and other media. To find out more about the cookies we use, see our Privacy Policy.

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Privacy Policy

By accessing this website and checking the box below you understand and agree to the terms set forth in this Candidate Agreement (“Agreement”). This Agreement is entered into by and between you as a test taker, Software Testing Association (“STA”) as the testing administrator, and Equation Kenya Ltd as the testing technical service provider. This Agreement represents your understanding and acceptance of STA’s Privacy and Cookies Policy- Opens in new window including the collection of your data and the monitoring of your entire testing session through the use web camera and STA’s Terms of Service Policy- Opens in new window, in conjunction with your acceptance of the policies and procedures as established by the Test administrator and our obligations to provide you the test process and your test results.

You understand and agree that STA and Equation Kenya Ltd, as the data processor for your Test process and the data controller, will collect, use, transfer, process, and store your personal information only for the purposes of handling your registration, scheduling you for a test date and time, administering the test, processing your test results, and related services, consistent with STA’s and Equation’s Privacy and Cookies Policy, or, in addition as you have authorized. For more detailed information about STA’s data collection, processing, and storage practices, and your rights as a data subject, please go to STA’s Privacy and Cookies Policy.

Your personal information along with your test results will be provided to you individually or to your Test Sponsor or employer where applicable and indicated by you at time of registration for the purposes of providing certification, licensure, academic admission test scores, or other benefits to you.

You agree to the transfer of your personal information by STA to its headquarters in Nairobi, and its authorized private cloud server which may be located elsewhere in the world. You agree that STA may employ other companies or individual to perform services on our behalf and under STA’s written instructions. STA will not transfer personal information to third parties who are not acting as STA’s agents, sub-processors, Test Sponsors, or providing other services on STA’s behalf, except as, in addition, you have authorized.

Where selected by you for purposes of identification purposes and as allowed by law, STA will collect your identification details at the exam registration time that will be used to subsequently identify you during the exam session on the day of your exam. This will be used for the purposes of identification verification on the day of your test and on your future test days, detecting and preventing any fraud, and maintaining the security and integrity of the testing program.

By checking the box below and clicking the I Agree button, you acknowledge that you understand and agree to the terms contained in this Agreement and expressly consent to the collection of limited but necessary identification details where applicable for express purpose of administering the tests. If you do not agree to the policies and terms contained in this Agreement, you will not be able to continue through the registration and scheduling process.

By continuing means you have read and agree to the above terms.

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Terms of service

CONDITIONS OF USE

Software Testing Association provides this website istqb-kenya.org and services expressly subject to the following terms and conditions (“Terms”). We may change or modify these Terms from time to time. If a modification or change is unacceptable to you, you may terminate this agreement by ceasing to use the website. Please review these Terms to ensure they are acceptable to you. Any use by you of this website constitutes your agreement to be bound by the Terms.

PRIVACY

Please review our Privacy Policy, which also governs your use of istqb-kenya.org, to understand our practices. You acknowledge and agree to the use of your data in accordance with the privacy policy.

ELECTRONIC COMMUNICATIONS

When you use or visit istqb-kenya.org or send e-mails to us, you are communicating with us electronically and you therefore expressly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND SITE ACCESS

Software Testing Association grants you a limited license to access and make personal use of this site, subject to the Terms. This site and any portion hereof may not be reproduced, duplicated, copied, downloaded (other than page caching), sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Software Testing Association. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of Software Testing Association and/or its affiliates without the express written consent of Software Testing Association. You may not use any meta tags or any other “hidden text” utilizing Software Testing Association’s name or Marks without the express written consent of Software Testing Association. Any unauthorized use terminates the license granted by Software Testing Association.

You agree to use the site only for lawful purposes. You agree not to take any action that might compromise the security of the site or render the site inaccessible to others or otherwise cause damage to the site or its contents. You agree not to use the site in any manner that might interfere with the rights of others.

SOFTWARE DOWNLOADS

Any software available for download from this site is protected by copyright. Use of such software is governed by the terms and conditions of the end user license agreement that accompanies or is included with the software. Downloading, and/or using such software indicates your acceptance of the terms of the end user license agreement.

COMPUTER VIRUSES

While it is very unlikely to occur, Software Testing Association is not responsible for any damage to data, software, computer, telecommunications or other equipment (including damage caused by virus transmission) that you may experience as a result of visiting this website or any of its links.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use istqb-kenya.org site only with involvement of a parent or guardian. Software Testing Association reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Any third party may be allowed to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Software Testing Association reserves the right (but not the obligation) to remove or edit such content. You acknowledge, agree and understand that Software Testing Association does not regularly review posted content on the website.

If you do post content or submit material, and unless Software Testing Association agrees in an executed signed writing otherwise, you grant Software Testing Association a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Software Testing Association and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Software Testing Association for all claims resulting from content you supply. Software Testing Association has the right but not the obligation to monitor and edit or remove any activity or content. Software Testing Association takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES

Software Testing Association gives notice that all information contained within the site is subject to alteration with or without notice. While we attempt to ensure the accuracy of all information contained within this website is correct at the time of publication, all details (including specifications, dates, prices, etc.) are subject to change.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Software Testing Association ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY. Software Testing Association MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER OR ANY OTHER EQUIPMENT.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Software Testing Association DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Software Testing Association DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR E-MAIL, WHETHER SENT FROM Software Testing Association OR OTHERWISE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Software Testing Association DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Software Testing Association WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NO ADVICE, BLOGS, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Our website should only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, or refraining from making, any decision. You should not rely on our website to make (or refrain from making) any decisions or take (or refrain from taking) any action.

LIMITATION OF LIABILITY

Notwithstanding anything contained in this Agreement, in no event shall Software Testing Association be liable to you for losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, arising out of, or related to, material on our website or the use of, or the inability to use anything connected to the website, whether in contract, tort including negligence, statute or any other theory) even if Software Testing Association has been advised or has knowledge of the possibility of the potential loss or damage in advance or otherwise. Liability of Software Testing Association for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the supply of the goods or services or the cash equivalent, in Software Testing Association’s sole opinion.

COPYRIGHT AND TRADEMARKS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, services names, trademarks, registered trademarks, trade dress and software, is the property of Software Testing Association or other licensed owners and protected by international copyright, trademark, service marks, patents and any other domestic or international intellectual property laws. You acknowledge and agree that all such Content is the property of Software Testing Association or licensors. Software Testing Association and its licensors retain all proprietary rights in such Software Testing Association Content and you may not download, copy, reproduce, modify, distribute, republish, display, post or transmit any part of this website without our express permission in writing.

JURISDICTION

The Terms are governed by and shall be interpreted pursuant to the internal laws of Brussels, Belgium without giving effect to the principles of conflicts law thereof and you consent to the jurisdiction and venue of the city of Brussels.

CHANGES TO OUR WEBSITE TERMS & CONDITIONS

We reserve the right to add or change these Terms. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time.

THIRD PARTY WEBSITES

Any links provided to third party websites, or information supplied about third parties (third party information) on Software Testing Association’s websites are supplied as a convenience. Linked sites are not under the control of Software Testing Association; and Software Testing Association is not responsible for any third party linked sites, the contents of such sites, any use of the same, or for third party information. The inclusion of a link or third party information does not imply endorsement by Software Testing Association of the linked site or third party information, any organization or person associated with the linked site or third party information, or any products or services offered or marketed through the linked site or by the third party.

COMPLETE AGREEMENT

The Terms constitute the whole legal agreement between you and Software Testing Association and govern your use of the website and any content and completely replace and supersede any prior agreements between you and Software Testing Association, whether written or oral, in relation to the website or any service thereof.

SEVERABILITY

If a provision of this Section is found to be invalid, illegal or unenforceable in any respect, the court may modify it to make such provision enforceable or in the alternative remove it without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

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