Terms & Conditions
Triophase Terms & Conditions
1. Acceptance of these terms of use
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these ToU on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these ToU. References to “you” and “your” in these ToU will refer to both the individual using the Site and to any such Organization.
Your agreement with Triophase is made up of these ToU, together with any additional terms and conditions posted on the Site or otherwise made available to you by Triophase.
Triophase reserves the right, at its sole discretion, to modify or delete all or portions of these ToU at any time without further notice. If we do this, we will indicate at the top of this page the date these ToU were last revised. Your use of the Site after any such changes constitutes your acceptance of the new ToU.
These ToU apply to www.triophase.com and any other Triophase website on or accessible via www.triophase.com (collectively, the “Triophase Sites”). The Triophase Sites are operated by subsidiaries of Triophase SE, under the global coordination of Triophase Service SAS.
Some Triophase Sites may be subject to different or additional terms. By accessing any of these Triophase Sites, you agree to be bound by any additional terms that govern use of each such Triophase Site.
2. Third-party Websites & Content
Links to third-party websites & content are provided for convenience only and do not imply any approval or endorsement by Triophase of the linked sites, even if they may contain Triophase’s logo, as such sites are beyond Triophase’s control. Thus, Triophase cannot be held responsible for the content of any linked site or any link contained therein. Therefore, you should protect yourself against viruses, worms, Trojan horses and other potentially destructive programs that may be present on third-party websites & content. And you are responsible for checking and complying with terms of use applicable to these third-party websites.
You acknowledge that framing the Site or any similar process is prohibited.
3. Trademarks
The names and logos of Triophase and its affiliates, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Triophase and its affiliates (collectively, the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this website without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
4. Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another’s privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
5. Fees & Payments
The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Triophase to charge the subscription fee to the Credit Card last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by Triophase in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services (“Taxes”), Triophase will invoice you for such Taxes. You agree to pay Triophase such Taxes in addition to the subscription fees. Triophase shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
6. Hosting Location
The location of the cloud facility from which you are served depends on the mapping of your region/country to the available cloud facilities at the time of your sign-up. We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time. You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined base on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, Triophase may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country, or close your account and deny the Service to you. If you are served from a cloud facility outside your region/country and a Triophase group entity has an office in your region/country, apart from storing the data in the cloud facility assigned to you, we may store a local copy of the data in your region/country.
7. Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Triophase the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Triophase’s commercial, marketing or any similar purpose. But you grant Triophase permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
8. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. TRIOPHASE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIOPHASE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TRIOPHASE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
8. Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Triophase breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIOPHASE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR IN THE PRODUCTS ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE PRODUCT OR INTERPRETATIONS THEREOF OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TRIOPHASE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
10. Confidential Information
Triophase does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Triophase will be deemed NOT to be confidential. By sending Triophase any information or material, you grant Triophase an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Triophase is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to Triophase for the purpose of receiving products or services will be handled in accordance with our privacy policies.
11. International Users and Choice Of Law
This Site is controlled, operated and administered by Triophase from its offices within India. Triophase makes no representation that Materials on this Website are appropriate or available for use at any other location(s) outside India. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If You access this Website from a location outside India, You are responsible for compliance with all local laws.
These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court(s) in Kolkata, India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and You hereby consent to personal jurisdiction in such forum.
These Terms of Use constitutes the entire agreement between Triophase and You with respect to Your use of the Website. Any claim You may have with respect to Your use of the Website must be commenced within one (1) year of the cause of action. If any provision(s) of this Terms of Use is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from this Terms of Use and the other remaining provisions of this Terms of Use shall remain in full force and effect.
12. End Of Terms Of Service
If you have any questions or concerns regarding this Agreement, please contact us at [email protected]
