Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the site is at your sole risk
- The site is provided on an "as is" and "as available" basis
- Triforce expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement
Triforce makes no warranty that:
- The site will meet your requirements
- The site will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the site will be accurate or reliable
- The quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations
- Any errors in the Software will be corrected.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and 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. No advice or information, whether oral or written, obtained by you from Triforce or through or from the site shall create any warranty not expressly stated in the TOU.
You understand and agree that Triforce its related corporations and the officers, employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Triforce has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:
- The use of, or the inability to use the site
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the site
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the site
- Any other matter relating to the site.
If you are a resident of Australia, you agree that to the extent permitted by law Triforce’s liability for any breach of a condition or warranty which must be implied into the TOU by the Trade Practices Act 1974 is limited to the supply of the services again or the payment of the cost of having the services supplied again. If you are a resident of New Zealand, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Site or the TOU.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. So, some of the limitations in the TOU may not apply to you.
Trade Mark Information
The Triforce name and Trade Marks, including the distinctive Triforce logo, which appear at the site, are Trade Marks of Triforce, or other third parties (the Trade Marks). You agree not to display or use or link to the Trade Marks in any manner without prior permission from Triforce or the relevant third party owner.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know.
The TOU constitutes the entire agreement between you and Triforce, and governs your use of the site, superseding any prior agreements between you and Triforce. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
The TOU and the relationship between you and Triforce shall be governed by the laws of the Commonwealth of Australia and the State of New South Wales without regard to its conflict of law provisions. Headings in the TOU are for convenience only and do not affect interpretation. You and Triforce agree to submit the personal and non-exclusive jurisdiction of the courts located within the State of New South Wales.
The failure of Triforce to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.
If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action against Triforce or any of our officers, employees, or agents arising out of or related to use of the Site or the TOU must be filed within one year after the claim or cause of action arose, or be forever barred.
You agree that there is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Triforce and any user simply by virtue of the Site or creation or use of a user account at or by means of the site.
Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without the permission of Triforce, and permission may be withheld in Triforce’s absolute discretion.
Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received: if delivered by hand, when delivered; if delivered by prepaid ordinary post, on the second business day after posting; and, if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and if delivered by email, one business day after sending to the email address.
You being a person applying to be (or who is) a registered user of the Site agree to.
- Submit only true, accurate, current and complete information about yourself as prompted by the site’s registration procedure (the Registration Data)
- Maintain and regularly update the Registration Data to keep it true, accurate, current and complete. This includes an obligation on you to notify us immediately if you change employer, and to modify the Registration Data to reflect the new situation (if you are no longer employed by a customer of Triforce, you may – in our absolute discretion - lose registered user access to the site or parts of it)
- As part of the Registration Data, you must provide us with details of your information technology industry business affiliation sufficient to allow us to determine whether to enable your application or continue to allow access to your account once created. For example, if your affiliation is that your employer is a purchaser of computer equipment, you must provide us with your employer’s name, unique identifying number (e.g. an Australian Company Number or Australian Business Number) and business address where you are employed, as well as your own job title, real name and residential addresses.
- If you provide any information to us or through the site, including any Registration Data, that is untrue, inaccurate, not current, not updated as it becomes outdated or incomplete or inaccurate, or we suspect that you have provided such information to us, we may suspend or terminate your account and refuse any and all current or future use of the site or any part.
User Account, Password, Confidentiality Of Information And Security
After you complete the user registration process at the site, you will receive a user password and account name to access the site. By using your user account to login to the site, you will be able to access information about us, and our offerings that is not generally accessible from the site except by a person who has logged into the site as a user (Triforce Information).
You agree that:
You are responsible for maintaining the confidentiality of your password and account
You may disclose the Triforce Information to a person employed by your same employer, but only where:
- The person has first agreed to use and keep the Triforce Information confidential as required under this Schedule
- The person needs to know the information in order to determine whether or not your employer will purchase goods or services from us;
- You are responsible for maintaining the confidentiality of the Triforce Information received by you, and you must not disclose the Triforce Information received by you to any person for any purpose
- You must not use the Triforce Information except to determine whether or not to purchase goods or services from us
- You are fully responsible for all activities that occur under your password or account
- You must immediately notify Triforce in writing of any unauthorised use of your password or account or any other breach of security
- You must create no more than one user account at the site
- You will exit from your user account at the end of each session at the site.