Terms & Conditions
Tri-eSynergy (Tri-Synergy Limited) Terms & Conditions
Tri-Synergy Limited provides marketing and business development services to companies. Tri-eSynergy, as a brand of Tri-Synergy, provides affordable e-marketing tools including websites, Pay Per Click and e-newsletters as part of the wider offering provided by Tri-Synergy Limited. Unless stated otherwise, any new features, provisions or services that are introduced to Tri-eSynergy shall be subject to theses Terms & Conditions. The Company may add, delete or change some or all of the services provided as part of Tri-eSynergy at any time.
As a user of Tri-eSynergy (Tri-Synergy Limited) you accept that by using the services you agree that Tri-eSynergy (Tri-Synergy Limited)assumes no responsibility for the nature or content of anything contained on this Web site and disclaims all liability in respect of such nature or content. Use of this site is subject to the following Terms and Conditions of Use.
Acceptance of Terms
1. Tri-eSynergy is a brand of Tri-Synergy Limited (the "Company"), and is subject to the following Terms and Conditions which may be updated by the Company from time to time.
2. If the Company's business changes, or for any other reason the Company cannot continue to host your site; send your e-newsletters or manage your Pay Per Click adverts; you will lose them. You agree not to hold the Company liable and the Company accepts no liability in respect of, the loss of all data relating to your site, e-newsletters and Pay Per Click adverts.
3. The Company uses a third party hosted shopping cart, Fastcart and WorldPay Plc, to manage its Tri-eSynergy (Tri-Synergy Limited) subscription transactions via credit/debit card. Upon subscription to Tri-eSynergy (Tri-Synergy Limited) services you will be authorising both an immediate payment and a repeat payment that will be taken regularly in the future on at a frequency governed by your product selection using the card details you submit.
4. You can cancel your subscription at any time. Please note that should you cancel your subscription your website will remain online until your subscription ends, upon which time your website will be no longer be visible on the Internet. The Company will hold on to your site for 45 days, after which the site and all its contents will be deleted. Likewise for Pay Per Click services; your adverts will remain active until your subscription ends and then the adverts will be withdrawn. Newsletter templates that remain unused for more than twelve months will be deleted. To cancel your subscription you must supply the Company with written instructions that explicitly state the date you wish to cancel your subscription. The Company will acknowledge your desire to cancel your subscription in writing. Neither the Company nor WorldPay Plc can take any responsibility for additional funds taken from your card unless you explicitly cancel your futurepay agreement and receive confirmation that this has taken place.
5. Refunds are only provided at the discretion of the Company. If for any reason you wish to apply for a refund, please contact a member of the Tri-eSynergy team.
6. If your account is terminated as a result of your breach of these Terms & Conditions, the remainder of any payment made by you will not be refundable.
7. You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), are your sole responsibility. This means that you, and not the Company, are entirely responsible for all content that the company upload, post, email or otherwise transmit via Tri-eSynergy (Tri-Synergy Limited) on your behalf.
8. The Company does not control the content posted via Tri-eSynergy (Tri-Synergy Limited) and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via Tri-eSynergy (Tri-Synergy Limited).
9. You undertake not to use Tri-eSynergy (Tri-Synergy Limited) to:
a) upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter "post") that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
b) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;
c) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
e) intentionally or unintentionally violate any applicable law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
f) collect, store, or distribute personal data about other users without their consent. In the case of sending e-newsletters, your mailing lists must meet the guidelines laid down by the anti-spamming laws. You will be asked to confirm that each mailing complies with anti-spamming regulations.
10. In addition the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites.
11. The Company shall have the right to remove any content that violates the Terms & Conditions or which is otherwise in its opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by or submitted to Tri-eSynergy (Tri-Synergy Limited).
12. You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the Terms & Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, of the Company, its users and the public.
13. You understand that the technical processing and transmission of Tri-eSynergy (Tri-Synergy Limited), including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
14. You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained or information presented through Tri-eSynergy by the Company is protected by our copyright, trademarks, service marks, patents, or other proprietary rights and laws.
15. Except as expressly authorised by the Company, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from Tri-eSynergy, (Tri-Synergy Limited) in whole or in part.
16. Tri-eSynergy (Tri-Synergy Limited) may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. As the Company has no control over the content or security of such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
17. You expressly understand and agree that:
a) Your use of Tri-eSynergy (Tri-Synergy Limited) is at your sole risk. Tri-eSynergy is provided on an "as is" and "as available" basis and the Company and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
c) The Company makes no warranty that (i) Tri-eSynergy (Tri-Synergy Limited) will meet your requirements, (ii) that Tri-eSynergy (Tri-Synergy Limited) will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use Tri-eSynergy (Tri-Synergy Limited) will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Tri-eSynergy (Tri-Synergy Limited) will meet your expectations, and (v) any errors in the software will be corrected. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
d) Any material downloaded or otherwise obtained through the use of Tri-eSynergy (Tri-Synergy Limited) is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
e) No advice or information, whether oral or written, obtained by you through or from Tri-eSynergy (Tri-Synergy Limited) shall create any warranty not expressly stated in the Terms & Conditions.
18. You agree to defend, indemnify, and hold harmless the Company its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the services provided by Tri-eSynergy (Tri-Synergy Limited).
19. The Company reserves the right to change the Terms & Conditions at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue Tri-eSynergy temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of Tri-eSynergy.
20. You agree that the Company, in its sole discretion, may terminate your account and use of Tri-eSynergy, and remove and archive or discard any content held within Tri-eSynergy (Tri-Synergy Limited). The Company may also in its sole discretion and at any time discontinue providing Tri-eSynergy (Tri-Synergy Limited), or any part thereof, with or without notice. You agree that any termination of your account with Tri-eSynergy (Tri-Synergy Limited) under any provision of these Terms & Conditions may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or Tri-eSynergy (Tri-Synergy Limited). Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to Tri-eSynergy (Tri-Synergy Limited).
21. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
22. This agreement is subject to English Law, and the parties agree to submit to the jurisdiction of the English courts.
