Terms and Conditions
Last Updated: May 1, 2023
1. General Information
This Terms and Conditions of Use (“Terms and Conditions”) applies to visitors of the Computer Task Group, Incorporated (“CTG”) websites, mobile applications, and other digital assets (collectively the “Services”).
This Terms and Conditions is between you and the below companies and governs your access and use of the Services. The places of incorporation and location of businesses of CTG and its subsidiaries are listed below:
- Computer Task Group, Incorporated (NY)—Buffalo, NY
- Computer Task Group of Canada, Inc. (Canada)—Ontario, Canada
- Computer Task Group of Luxembourg PSF S.A. (Luxembourg)—Luxembourg
- Computer Task Group IT Solutions S.A. (Luxembourg)—Luxembourg
- CTG SAS (France)— Paris, France
- StarDust SAS (France)— Marseille, France
- La Société de Tests StarDust Inc. (Canada)—Montreal, Québec
- StarDust SAS (France)— Marseille, France
- CTG SAS (France)— Paris, France
- CTG ITS SA (Belgium)—Brussels, Belgium
- CTG of Buffalo, Inc. (NY)—Buffalo, NY
- Computer Task Group International, Inc. (DE)—Buffalo, NY
- Computer Task Information Technology Services Private Limited (India)—Hyderabad, India
- CTG LATAM SAS (Colombia)—Bogota, Colombia
- Computer Task Group Europe, B.V. (Netherlands)
- Computer Task Group Belgium NV (Belgium)— Brussels, Belgium
- Computer Task Group (UK) Limited—London, UK
- Eleviant Technologies, Inc. (TX)—Dallas, TX
- Impiger Mobile, Inc. (TX)—Dallas, TX
- Eleviant Consulting Services, Inc. (TX)—Dallas, TX
- Eleviant Technologies, Inc. (Canada)—Ontario, Canada
- Eleviant Technologies Private Limited (India)—Chennai and Coimbatore, India
"We," "us," and "our" are used in this Terms and Conditions to refer to the entity undertaking the relevant processing activity.
If you would like to access previous versions of this Terms and Conditions, please email [email protected].
These Terms and Conditions govern your use of the Services, so please read them carefully. Except as provided for by law, by accessing the Services, you agree to be bound by these Terms and Conditions. As permitted by law, if you do not agree to these Terms and Conditions, you must not use our Services.
By using our Services, you agree to be bound by the Terms and Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section 13: Arbitration Clause and Class Action Waiver: Important—Please Review as This Affects Your Legal Rights below.
If you violate the Terms and Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies.
The headings used are included for convenience only and will not limit or otherwise affect our Terms and Conditions.
Except as otherwise prescribed by applicable law, in the event of any inconsistency between the English language version and local language version of this Terms and Conditions, the English language version will prevail.
2. Intellectual Property
The Services (including, but not limited to, articles, text, images, graphics, photographs, videos, audio, logos, trademarks (registered or unregistered), service marks, user interface, design, content, features, functionality, artwork, videos, software, posts, computer code and the selection, coordination and arrangement of such content, and the underlying software (the “Materials”)) are protected by the intellectual property laws of the United States and other intellectual property laws and treaties around the world. All intellectual property rights in the Services or the Materials are owned by us or its licensors to the full extent permitted under applicable intellectual property laws and treaties. You may not copy, reproduce, distribute, publish, enter into a database, archive, display, perform, modify, adapt, create derivative works, transmit, translate, use, or in any way exploit the Materials or the Site, in whole or in part except: in respect to any content that you have posted on the Services or where we expressly permit you in writing to do so. Except as expressly provided in these Terms and Conditions, you are not granted any express or implied rights to the Services, Materials, or any other intellectual property associated with the Services.
Any unlawful or unauthorized use of the Services or any Materials is strictly prohibited.
Except as expressly set out in these Terms and Conditions, you are authorized to view the Materials on the Services for personal non-commercial use only. If you print off, copy, or download any part of the Services in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You may not use or access any service, information, application, software, or any of the Materials available on the Services in any way not expressly permitted by CTG, nor may you mirror the Services.
3. Accuracy, Completeness, and Timeliness of Information
The Services are for informational purposes only and are provided “as is.” Do not rely on information on the Services. The content on Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on the Services.
3.1. Errors, Inaccuracies, and Omissions
- Our Services may contain typographical errors, inaccuracies, or omissions that may relate to company offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
- We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
- We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
- No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related Services has been modified or updated.
3.2. Links to the Services
- You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.
- You may link to the Services with our permission, provided that your linking to the Services does not damage our reputation or take advantage of it and in no way would lead any person seeing the link to assume that we are in any way associated with your website or endorse it. The Services must not be framed on any other site, nor may you create a link to any part of the Services other than the home page. You must also make any users of the link aware that their access to and use of the Services is subject to these Terms and Conditions. You must not establish a link to the Services in any website that is not owned by you.
- We reserve the right to withdraw linking permission without notice.
3.3. Links on the Services
- Our Services might include links to other websites, mobile applications, or social media platforms.
- We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other parties’ website policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
- We expressly reserve the right to delete or modify any link on the Services at any time and for any reason.
4. Non-Exclusive, Non-Transferable License To Use Our Services
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes if they do not violate any aspect of these Terms and Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and at our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
5. Links to Third-Party Content and Websites
The Services may contain links to third-party content or third-party websites. Your use of external websites linked from the Services, including, but not limited to, CTG’s Google, Facebook, Twitter, Instagram, LinkedIn, and YouTube, pages, are governed by the Terms and Conditions and privacy policies applicable to those respective sites. Please review those terms and conditions and privacy policies.
Unless expressly stated to the contrary, we do not make any endorsement of or representation concerning any such linked websites, nor do we assume any liability in connection with any, linked websites, any advertising, products, or services available from such linked websites, your use of such linked websites, or any dealings you may have, or the consequences of such dealings, with the operators of those linked websites.
6. Submission of Information
Certain sections of the Services enable you to submit Personal Information about yourself to us.
If you choose to submit such Personal Information, you agree to provide accurate, current, and complete information about yourself as requested or directed on the Services and to regularly update this information to maintain its accuracy. You agree that you will not impersonate any other individual.
7. Prohibited Conduct
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Services or its related content:
- for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information;
- to solicit others to perform or participate in any unlawful or prohibited acts;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content;
- to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information or otherwise attempt to mislead or impersonate another;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the internet) or Services;
- to collect or track the personal information of others;
- to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware;
- for any damaging, obscene or immoral purpose;
- to interfere with or circumvent the security features of the website (or related website, other websites, or the internet) and/or Services, including those to prevent copying of content or that limit use;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- to systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- to make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- to use a buying agent or purchasing agent to make purchases on the Services;
- to use the Services to advertise or offer to sell goods and services;
- to engage in unauthorized framing of or linking to the Services;
- to engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- to interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
- to sell or otherwise transfer your profile;
- to use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise;
- to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website;
- to upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
- to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or
8. Site Access and Account Deletion
We may at our sole discretion at any time and for any reason without giving you prior notice, take any or all of the following actions:
- withdraw or suspend access to the Services;
- restrict your access to the Services;
- discontinue any related subscriptions to additional services offered through the Services; and/or
- terminate any Services account you create while applying to fly with us or seeking employment with us.
If we take any of the above actions and notify you of such action, you must promptly destroy any content you downloaded or printed from the Services.
In general, the Services are not intended for children. It is intended only for users over the age of eighteen (18). We do not knowingly collect, maintain, sell, or share any Information on our Services from persons under thirteen (13) years of age (or sixteen (16) where applicable under law), and no part of our Services are directed to persons under thirteen (13) years of age (or sixteen (16) where applicable under law).
For certain activities in which children are allowed to participate, any request for personal data (such as registration data) is intended for and directed to the parent or legal guardian.
CHILDREN: If you are under thirteen (13) years of age, please do not use or access our Services at any time or in any manner. Upon learning of the existence of information concerning persons under thirteen (13) years of age (or a higher age threshold where applicable) that has been collected by us without verified parental consent, we will take appropriate steps to delete it.
We encourage parents and guardians to monitor their children’s online behavior, put parental control tools in place, and teach children not to provide their personal data through the Services without parental consent.
Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of thirteen (13).
10. Reservation of Rights, Warranties, Liability for Losses, Indemnification
We reserve their rights to pursue all remedies available to them under applicable law for any breach of these Terms and Conditions or inappropriate conduct.
The Services and its contents are provided to you on an “as is” basis. We make no representation or warranty of any kind whatsoever relating to the Services or other content that may be accessible directly or indirectly through the Services. To the fullest extent permitted by applicable law, we disclaim any and all such representations and warranties. Without limiting the generality of the foregoing, to the fullest extent permitted by applicable law, we expressly disclaim any and all warranties:
- of merchantability or fitness for a particular purpose;
- against infringement of any third-party intellectual property or proprietary rights;
- relating to the transmission or delivery of the Services;
- relating to the title, description, accuracy, reliability, correctness, availability, or completeness of data made available on the Services or otherwise by us;
- otherwise relating to performance, non-performance, or other acts or omissions by us or any third party;
- that the Services will meet your needs or requirements or the needs or requirements of any other person; and
- that the content on the Services is free of viruses or other harmful components.
To the fullest extent permitted by applicable law, neither CTG nor any other member of the CTG entities listed in this policy accept any liability for any error, omission, interruption, defect, or delay in information provided on the Services, or for any failure to update information on the Services other than to extent any such liability arises as a direct result of CTG failing to take reasonable skill and care in making the Services available.
To the fullest extent permitted by applicable law, in no event shall we be liable for any:
- economic losses or damages including any loss of profits, sales, business, or revenue;
- loss of goodwill or reputation; or
- indirect or consequential loss or damages, in each case, whether based on contract, tort, negligence, strict liability, statute, or otherwise and arising out of or in connection with:
- your access, use, misuse, loss of use, or any delay or inability to use the Services;
- any loss or corruption of any data as a result of your use of the Services;
- the security of the Services;
- any failure of performance, error, omission, interruption, defect, or delay in operation or transmission of the Services;
- any viruses which may infect your computer equipment or other property as a result of your use of the Services;
- any breach of security by hackers; or
- any content obtained through the site, or otherwise arising out of the use of or access to the Services.
You release CTG, its affiliates, its licensors, and all CTG entities listed in this policy from any claims, demands, and damages of every kind and nature arising out of or in any way connected with the Services.
In the case of jurisdictions that restrict limitation clauses, the above limitations shall be applied to the greatest extent permitted by the relevant law in such jurisdictions. The above limitations do not, in any way, exclude any liability of CTG its affiliates, its licensors, or any CTG entity listed in this policy where it would be unlawful to do so.
Your access to and use of the Services is at your own risk. If you are dissatisfied with the Services or any of its content, your sole and exclusive remedy is to discontinue using and accessing the Services.
By using the Services, you acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code § 1542, that otherwise might limit your waiver of such claims.
You agree to defend, indemnify, and hold harmless CTG, its affiliates including the entities named in this policy, and us, and any parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, or other representatives of each of them and all their successors and assigns with respect to claims, costs (including attorneys’ fees and costs), damages, liability and expenses, or obligations of any kind arising out of or in connection with your access to or misuse of the Services.
We reserve the right to assume the exclusive defense and control of any claim subject to indemnification, and in such case, you agree to cooperate with us to defend such claim.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
12. Applicable Law and Forum
You agree that the Terms and Conditions (including any non-contractual disputes or claims relating to the Terms and Conditions) will be governed by and construed in accordance with the laws of New York, U.S., without reference to any conflict of law rules. However, this restriction does not intend to prevent you from benefiting from any mandatory protections afforded to you under the law applicable in the country in which you live.
You also agree that you will resolve any claim, cause of action, or dispute you have with us arising out of or relating to your use of the Services or these Terms and Conditions exclusively in a court located in Erie County, New York, U.S., and to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims, in each case, other than to the extent you are permitted under mandatory protections afforded to you under the law applicable in the country in which you live to litigate any such claims in another jurisdiction, such as the jurisdiction in which you live.
13. Arbitration Clause and Class Action Waiver: Important—Please Review as This Affects Your Legal Rights
- If you have a customer privacy complaint, please submit to [email protected]. If you are a resident in the EU or EEA, after receiving a final response from us you still feel your complaint is unresolved, you may choose to refer your complaint to an independent dispute resolution service. A European online dispute resolution platform exists to facilitate access to Alternative Dispute Resolution (ADR) for complaints: http://ec.europa.eu/odr.
13.2. Arbitration Notice
- If you and we are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or we may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms and Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
- The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
- The arbitration shall be held in the Buffalo, New York, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
- The arbitrator will decide the substance of all claims in accordance with the laws of the New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Notwithstanding any provision in these Terms and Conditions to the contrary, you and we agree that if we make any change to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this section, any such termination shall not be effective until thirty (30) days after the version of the Terms and Conditions containing this section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
- CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
13.3. Claims and Disputes Must Be Filed Within One Year
- To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
The Terms and Conditions constitute the entire agreement between you and us in relation to their subject matter.
If any provision of the Terms and Conditions is deemed invalid by a court with jurisdiction over the parties, the provision at issue will be interpreted to reflect the original intentions of the parties in accordance with applicable law and the remainder of these Terms and Conditions will remain valid and applicable.
The failure of us to enforce any provisions of the Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms and Conditions or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your access to and use of the Services.
Also, there are no third-party beneficiaries to the Terms and Conditions.
We shall have the right to assign our rights or delegate any of its responsibilities under these Terms and Conditions at any time, including to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially any or all of our assets.
15. Changes to the Notice
We reserve the right to change, modify, or amend this Terms and Conditions at any time to reflect changes in our Services, products, and service offerings, accommodate new technologies, regulatory requirements, or other purposes. If we modify our Terms & Conditions, we will update the “Effective Date” and such changes will be effective upon posting. Continuing to use or access the Services constitutes your acceptance to any changes to the Terms.
16. How to Contact Us
If you have any questions about this Terms and Conditions, please contact us in the following ways:
Phone: +1 716 882 8000
E-mail: [email protected]