Terms of Service

Accessing Qualified

The online platform Qualified (“Web Service”) is provided by Andela Inc. (“Andela”). The following terms and conditions govern all use of the Web Service, the Site and the various sites connected to the Site and all content, services and products available at or through the Web Service and/or the Site. The Web Service and Site are owned and operated by Andela. The Web Service and Site are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Andela’s Privacy Policy) and procedures that may be published from time to time on this Site (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Web Service and/or Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement (the “Terms of Service”). If you do not agree to all the Terms of Service, then you may not access the Site, the Web Service or use any services. If these Terms of Service are considered an offer by Andela, acceptance is expressly limited to these terms. The Web Service is available only to individuals who are at least 13 years old.

Web Service

Andela offers a Web Service to customers (“Customers”) that provides them technical skill assessments that they can send to engineers to help determine their programming skills. The Web Service assists Customers in qualifying engineers’ skill level with programming languages by providing them assessments that test engineers’ code and provides the Customer with an assessment report.

Andela makes no warranties as to the efficacy of the Web Service. Customers agree to provide only truthful and correct information for the purposes of enabling the Web Service to work effectively. Similarly Customers understand that the Web Service only effectively works if the Customers’ engineer(s) complete and submit their assessment(s), if they don’t, Andela will not have the necessary information to evaluate and provide a full assessment report. Customers realize that the Assessment Report is only as accurate as the engineers’ correct and appropriate submission of the assessment. Customers also agree that while they may use these skill assessments for evaluating engineers’ programming skill, the evaluation and hiring of an engineer is still entirely their responsibility, and they take full responsibility for any and all ensuing results.

Purchases

In purchasing any number of assessment uses from Andela you are ensuring that you are the rightful holder of the credit card used for payment and are legally allowed to make the purchase. Assessments are non-refundable and are only redeemable for use with one engineer each, entitling the Customer to an assessment report, given the engineer completes and submits the assessment. It is the Customer’s responsibility to ensure that the engineer submits the assessment and does so in a correct and appropriate manner. Andela processes payments through a secure third-party API (Stripe) and does not store Customer’s sensitive financial information.

Account Security

If you create an account on the Web Service or Site, you are responsible for maintaining the security of your account and your Customer content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Andela of any unauthorized uses of your account or any other breaches of security. Andela will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Additionally, information that is sent electronically or via the internet cannot be assured as completely secured and as such, Andela cannot guarantee that unauthorized third parties will never be able to access or use electronic data, including your data, or that our security measures cannot be superseded. By using the Web Service and/or Site, you acknowledge that any personal data you provide is done at your own risk.

Content Removal

Without limiting any of those representations or warranties, Andela has the right (though not the obligation) to, in Andela’s sole discretion (i) refuse or remove any content that, in Andela’s reasonable opinion, violates any Andela policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web Service and/or Site to any individual or entity for any reason, in Andela’s sole discretion. Andela will have no obligation to provide a refund of any amounts previously paid.

Intellectual Property

This Agreement does not transfer from Andela to you any Andela or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Andela. Andela, the Andela logo, and all other trademarks, service marks, graphics and logos used in connection with Andela, the Web Service, and/or the Site are trademarks or registered trademarks of Andela or Andela's licensors. Other trademarks, service marks, graphics and logos used in connection with the Web Service and/or Site may be the trademarks of other third parties. Your use of the Web Service and Site grants you no right or license to reproduce or otherwise use any Andela or third-party trademarks.

Content Licensing

You hereby grant to Andela, its affiliates and subsidiaries, and their respective officers, directors, employees, representatives, agents, suppliers, licensors, successors, and/or assignees (collectively, “Andela and its Affiliates”) a non-exclusive perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, sublicense, distribute, and otherwise use and reuse all or any part of your Customer content (“Content”), in Source or Object form, with or without modification (“Content License”). You warrant, represent and agree you have the right to grant Andela the rights set forth above. We reserve the right to display advertisements in connection with your Content. We are not required to host, display, or distribute any of your Content and we may refuse to accept or transmit your Content, and may remove or delete all or any portion of your Content from the Site at any time. By submitting any Content to us, you hereby represent and warrant that you own all rights to your Content or, alternatively you have the right to give us the Content License. You represent, warrant and agree that you will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) violates any law or right of any third party, (e) is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Changes

Andela reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web Service and/or Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Andela may also, in the future, offer new services and/or features through the Web Service and/or Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Andela may restrict, terminate, suspend, or otherwise limit your access to all or any part of the Web Service and/or Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Andela account (if you have one), you may simply discontinue using the Web Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, termination, governing law and jurisdiction, miscellaneous, indemnity, and limitations of liability.

Andela further reserves the right to alter, change, update, discontinue or suspend access to part or all of the Web Service and/or Site at any time and for any reason whatsoever with or without notice or liability.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without Andela’s prior written consent, which consent may be withheld or conditioned in Andela’s sole discretion. Andela may assign its rights and/or obligation under this Agreement to any other party at its sole discretion.

Disclaimer of Warranties

The Web Service and Site are provided “as is” and “where-is” without any warranties of any kind whatsoever. Andela and its Affiliates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, and whether or not arising through a course of dealing, relating somehow to the Web Service and/or Site.

Andela and its Affiliates, make no warranty that the Web Service and/or Site will be error free, fully up to date, complete, correct, secure, or accurate, or that access thereto will be continuous or uninterrupted. You understand that you interact with, or otherwise obtain services through, the Web Service and/or Site at your own discretion and risk.

Limitation of Liability

In no event will Andela and its Affiliates, be liable with respect to any subject matter of the Web Service, the Site, and/or this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, indirect, punitive, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Andela under this agreement during the twelve (12) month period prior to the cause of action.

Andela shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Web Service and/or Site will be in strict accordance with the Andela Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Web Service and/or Site will not infringe or misappropriate the intellectual property rights of any third party.

Cookies

Andela uses cookies for a variety of uses including, but not limited to, improving our online experience for users, analytical data, marketing data, and other specific uses as follows:

You may disable your cookies based on your individual internet browser settings, but that may limit your abilities and functionalities on the Site.

Andela uses Adwords, Google Analytics, Hubspot Analytics, Segment Analytics, and Mouseflow in tracking any cookies on the Site.

Privacy

Our Privacy Policy, available at https://andela.com/privacy#more applies to the use of the Web Service and Site and its terms are made a part of the Terms of Service by this reference. You understand that by using the Web Service you consent to the collection, use and disclosure of your personal information and aggregate data as set forth in our Privacy Policy at https://andela.com/privacy#more, and to have your Personal information collected, used, transferred to and processed in the [United States]. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless Andela and its Affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, fees, and expenses, (including, but not limited to, attorneys’ fees), arising out of your access, connection, activities, engagement, and use of the Web Service and/or Site, including but not limited to your violation of this Agreement. Andela reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section and this Agreement. In such a case, you agree to cooperate with any reasonable requests assisting Andela’s defense of such matter.

User Submissions

If you make any submission to us, you agree that you will not send or transmit any communication or content that: (i) is defamatory, indecent, harassing or otherwise objectionable; (ii) infringes or violates any rights of any party; or (iii) contains a virus or corrupted data.

All e-mail and other correspondence that you submit to us shall become our sole and exclusive property.

If you submit any business information, idea, concept or invention to us, such submission shall be considered: (i) non-confidential; and (ii) our sole and exclusive property. We will have no obligation of any kind with respect to the submission, and we will be free to use or further transmit such submission for any purpose.

Foreign Users

The Web Service and Site are controlled and operated from its facilities in the United States. Andela makes no representations that the Web Service and Site are appropriate or available for use in other locations. Those who access or use the Web Service and/or Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

You may not use the Web Service or Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. [Unless otherwise explicitly stated, all materials found on the Web Service and Site are solely directed to individuals, companies, or other entities located in the United States.]

We may provide links to third-party websites. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of linked third- party websites and we do not make any representations or warranties regarding their content or accuracy or any products/services you may access or purchase therefrom. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such website. You expressly release us from any and all liability arising from your use of any third party website.

Governing Law & Jurisdiction

This Agreement is governed and will be construed in accordance with the laws of the State of New York, United States of America, without regard to any principles of conflicts of laws or your location. By using the Web Service and/or Site, you are agreeing to exclusive jurisdiction in both federal and state courts located in the County of New York, the State of New York, U.S.A., and you waive any jurisdictional, venue or inconvenient forum objects to such courts.

Miscellaneous

This Agreement constitutes the entire agreement between Andela and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Andela, or by the posting by Andela of a revised version. If any one or more of the provisions of this Agreement shall for any reason be held by a final determination of a court of competent jurisdiction to be invalid, illegal, or unenforceable to any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions (or portions of provisions) of this Agreement, and the invalid, illegal, or unenforceable provisions shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to the intentional express of Andela.

Your usage of the Web Service and/or Site does not establish any relationship between you and Andela. You are not an employee, independent contractor, agent, assignee, partner, joint venture, franchisee or any other type of fiduciary for Andela.

Any rule of construction suggesting or requiring ambiguities resolved against Andela shall not apply in the interpretation of this Agreement.

As Andela asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Andela violates your copyright, you are encouraged to notify Andela. Andela will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Andela or others, Andela may, in its discretion, terminate or deny access to and use of the Web Service and/or Site. In the case of such termination, Andela will have no obligation to provide a refund of any amounts previously paid to Andela. Any notices you submit must meet any statutory requirements as stated under the DMCA. For additional information please consult your own attorney before submitting any notices or www.copyright.gov.

Send the written notification via email notification to [email protected], with subject line: DMCA takedown.

Information Or Complaints

If you have a question or complaint regarding our Site, please send an email to [[email protected]]. You may also contact in writing to [email protected].

Information being emailed to our office cannot be guaranteed to be secure, so please do not include any sensitive unnecessary personal identifiable information, credit card information, or private information of any kind in your email correspondence with us.

Updates to these terms

We regularly review and, if appropriate, update these terms from time to time, as our services and use of personal data evolves.

Last updated on April 28, 2023.

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