Terms of Service for Triple-S Software and Services
This Agreement ("Agreement") is by and between Triple-S Software, New Delhi, India
and You, Your legal heirs, successors and assigns ("You"), and is made effective
as of the date of electronic execution. This Agreement sets forth the terms and
conditions of Your use of Triple-S software ("Software") and services ("Services")
and explains Your obligations to Triple-S Software in relation to the Software and
Services You purchase.
This Agreement as well as any additional modifications thereto, constitute the complete
and exclusive agreement between You and Triple-S Software concerning Your use of
Triple-S Software ’s Software and Services, and supersede and govern all prior proposals,
agreements, or other communications. This agreement, however, does not supersede
disclaimer attached herewith. It will be construed that You have read, understood,
and agree to be bound by all terms and conditions of this Agreement as well as any
new, different or additional terms, conditions or policies which Triple-S Software
may establish from time to time.
TERMS APPLICABLE TO THIS SPECIFIC SOFTWARE AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that Triple-S Software may modify this Agreement and the Services from time to time. You agree to be bound
by any changes Triple-S Software may reasonably make to this Agreement when such
changes are made. If You have purchased Services or Software from Triple-S Software
, the term of this Agreement shall continue in full force and effect as long as
You take advantage of and use the Software or Services. In the event You terminate
Your usage, Triple-S Software will not refund any amounts You have paid. You agree
that Triple-S Software shall not be bound by any representations made by third parties
in relation to services provided by You to them under any agreement thereto . Triple-S
Software reserve the rights to offer any time modifications, additions to there
software with additional charges solely decided by Triple-S Software.
Should You desire to terminate your use Triple-S Software’s services , You agree
that You will be under an obligation and responsible for notifying Your intent to
terminate the services provided by Triple-S Software .The notification of Your intent
to terminate the services must be provided to Triple-S Software 10 days prior to
termination of services.
2. NO UNLAWFUL CONDUCT OR IMPROPER USE.
You agree, as a condition of Your use of Triple-S Software ’s Software and Services,
not to use them for any purpose that is unlawful or prohibited by these terms and
conditions, and You agree to comply with any applicable local, state, federal and
international laws, government rules or requirements. You agree You will not be
entitled to a refund of any fees paid to Triple-S Software if, for any reason, Triple-S
Software takes corrective action with respect to Your improper or illegal use of
If You have purchased Services, Triple-S Software has no obligation to monitor Your
use of the Services. Triple-S Software reserves the right to review Your use of
the Services and to cancel the Services in its sole discretion. Triple-S Software
reserves the right to terminate Your access to the Services at any time, without
notice, for any reason whatsoever.
Triple-S Software reserves the right to terminate Services if Your usage of the
Services results in, or is the subject of, legal action or threatened legal action,
against Triple-S Software or any of its affiliates or partners, without consideration
for whether such legal action or threatened legal action is eventually determined
to be with or without merit.
Except as set forth below, Triple-S Software may also cancel Your use of the Services,
after thirty (30) days, if You are using the Services, as determined by Triple-S
Software in its sole discretion, in association with spam or morally objectionable
activities. Morally objectionable activities will include, but not be limited to:
activities designed to defame, embarrass, harm, abuse, threaten, slander or harass
third parties and activities prohibited by the laws of the India and/or foreign
territories in which You conduct business.
In the event Triple-S Software cancels Your Services during the first thirty (30)
days after You purchase the Services, You will receive a refund of any fees paid
to Triple-S Software in connection with the Services being canceled. In the event
Triple-S Software deletes Your Services because they are being used in association
with spam or morally objectionable activities, no refund will be issued. You agree
You will not be entitled to a refund of any fees paid to Triple-S Software if, for
any reason, Triple-S Software takes corrective action with respect to Your improper
or illegal use of its Services.
3. INTELLECTUAL PROPERTY.
You agree that Triple-S Software holds all rights, title and interest in this Software
and Services and all intellectual property, including other rights related to intangible
property, unless otherwise indicated. You acknowledge that no title or interest
in such Intellectual Property Rights is being transferred to You and You agree to
make no claim of interest in any such Services or Software.
4. USE OF TRIPLE-S SOFTWARE.
Triple-S Software provides this Software "as is" without warranty of any kind either
express or implied, including but not limited to the implied warranties or conditions
of merchantability or fitness for a particular purpose.
5. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided to You
by Triple-S Software, You agree to pay Triple-S Software at the time You invoke
your registration for affiliation with us for the use of software and services by
paying the fees as per the schemes opted by You. All fees are to be paid immediately
and are non-refundable unless otherwise expressly noted, even if Your Services are
suspended, terminated, or transferred prior to the end of the Services term. Triple-S
Software expressly reserves the right to modify their pricing policy through email
notification and/or notice on its Web site. Payment may be made by You by providing
either a valid credit card or a personal check .
If You signed up for a monthly/quarterly/ yearly payment plan, Your billing date
will be determined based on the day of the expiry of services. If You signed up
for any of the aforesaid scheme and You elected the automatic renewal option, Triple-S
Software will automatically renew Your Services when they come up for renewal and
will take payment from the Payment Method explained here before .
If for any reason Triple-S Software is unable to receive the payment , It will be
the sole discretion of Triple-S Software not to renew the services provided to you
and in that case Triple-S Software will not be liable to indemnify any damages or
losses resulting to you.
While all purchases are processed in US dollars, Triple-S Software may provide an
estimated conversion price to currencies other than US dollars.
a. Pay by PayPal
By using Triple-S Software ’s pay by PayPal, Inc. ("PayPal") option ("Pay by PayPal"),
You can purchase Triple-S Software Software and Services using PayPal. In consideration
for the Software and Services purchased by You and provided to You by Triple-S Software,
You agree to allow PayPal to debit the full amount of this transaction from Your
PayPal account balance or the Preferred Funding Source You established with PayPal,
which is non-refundable.
6. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You
hereby represent and warrant that they have the right, power, legal capacity and
appropriate authority to enter into this Agreement, and that they own and have not
transferred to any other person or entity any of the rights, claims or interests
that are the subject of this Agreement. You represent and warrant that You are 18
years of age or older, or that You have an agent authorized by law to represent
You who is 18 years of age or older who is entering into this Agreement on Your
behalf. You warrant that each action You make is being done so in good faith and
that You have no knowledge of it infringing upon or conflicting with the legal rights
of a third party or a third party's trademark or trade name.
7. LIMITATION OF LIABILITY .
IN NO EVENT SHALL Triple-S Software BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON
THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER
EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS
AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR
FILES OR OTHERWISE, EVEN IF TRIPLE-S SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
By clicking the box labeled "I agree" to the terms of the Pay by PayPal terms, You
authorize the information provided to be used for the creation of an electronic
funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order
from Your PayPal Account or Preferred Funding Source.
You agree that in no event shall Triple-S Software’s maximum aggregate liability
exceed the total amount paid by You for the particular Software or Services You
are currently eligible for.
8. DISCLAIMER OF WARRANTIES .
Triple-S Software expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. Services are provided on
an "As Is" and "As Available" basis. Triple-S Software makes no warranty that its
services will meet your requirements, or that the services will be uninterrupted,
timely, secure, or error free, or that defects will be corrected. Triple-S Software
does not warrant, nor make any representations regarding the use, or results of,
any of the services it provides, in terms of their correctness, accuracy, reliability,
You agree to defend, indemnify and hold harmless Triple-S Software and its contractors,
agents, employees, officers, directors, shareholders, and affiliates from any loss,
liability, damages or expense, including reasonable attorneys' fees, resulting from
any third party claim, action, proceeding or demand related to Your (including Your
agents affiliates, or anyone using Your account, software or services with Triple-S
Software whether or not on Your behalf, and whether or not with Your permission)
use of the Software or Services You purchased from Triple-S Software or Your breach
of this Agreement or incorporated agreements and policies. In addition, You agree
to indemnify and hold Triple-S Software harmless from any loss, liability, damages
or expense, including reasonable attorneys' fees, arising out of any breach of any
representation or warranty provided herein, any negligence or willful misconduct
by You, or any allegation that Your account infringes a third person's copyright,
trademark or proprietary or intellectual property right, or misappropriates a third
person's trade secrets.
This agreement shall be deemed entered into in the New Delhi, India and all disputes
will be subject to the jurisdiction of New Delhi, India. You agree to waive the
right to trial by jury in any proceeding that takes place relating to or arising
out of this Agreement.
You agree that all notices (except for notices concerning breach of this Agreement)
from Triple-S Software to You may be posted on our Web site. Notices concerning
breach will be sent either to the email or postal address You have on file with
Triple-S Software. In either case, delivery shall be deemed to have been made five
(5) days after the date sent.
Notices from You to Triple-S Software shall be made either by email, sent to the
address provided on the Triple-S Software Web site, or first class mail to Triple-S
Software’s address at:
Triple-S Software , 205 Allied House , Inderlok Chowk Old Rohtak Road, Delhi-110035
12. ENTIRE AGREEMENT.
You agree that this Agreement constitute the complete and only Agreement between
You and Triple-S Software regarding the Services contemplated herein.
The failure of Triple-S Software to enforce any of the provisions within this Agreement
against You or others shall not be construed to be a waiver of the right of Triple-S
Software thereafter to enforce such provisions.
14. FORCE MAJEURE.
Triple-S Software will make every effort to keep its Web site and Services operational.
However, certain technical difficulties and other factors outside of its control
may, from time to time, result in temporary service interruptions. You agree not
to hold Triple-S Software liable for any of the consequences of such interruptions.
15. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express
or implied, is intended to confer upon any third party any rights, remedies, obligations,
or liabilities under or by reason of this Agreement, except as expressly provided
in this Agreement.