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TERMS OF USE & CONDITIONS : tritysofttech

YOU ARE REQUESTED TO KINDLY READ THE BELOW MENTIONED TERMS AND CONDITION CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS OF USE/CONDITION STATED HEREINUNDER, DO NOT USE THE WEB SITE AND ITS SERVICES AND IMMEDIATELY LEAVE THE SAME. HOWEVER BY USING / ACCESSING THE WEBSITE TRITYSOFTECH.COM YOU ARE INDICATING THAT YOU HAVE GONE THROUGH THE TERMS AND CONDITIONS AND ACCEPT THE TERMS AND YOUR ACCEPTANCE. FOR REMOVAL OF DOUBTS, BY CLICKING I ACCEPT BUTTON YOU EXPRESSLY ACCEPT TERMS AND CONDITION AND IS BOUND BY THE PROVISIONS OF THESE TERMS OF CONDITIONS INCLUDING ANY UPDATION / REVISIONS MADE THEREIN.

TERMS OF USE & CONDITIONS

TRITY ENIVRON SOLUTIONS PRIVATE LIMITED (hereinafter referred to as “Trity” or “Us”), is a registered company having its registered office at 17A/609, First Floor, Sector 17A, Vasundhra, Ghaziabad, U.P.-201012.

WHEREAS Trity is an innovator in the waste and waste water market and primarily deals in the waste water recycling and management field. Further, it provides its expertise and services to the USER pertaining to all waste water managerial services. That the whole process is very user friendly and made as to enable everyone to get the best service provider upon a click by visiting our website i.e., Tritysoftech.com and mobile Application i.e., Trity2.0.

WHEREAS The Terms and Conditions mentioned hereinafter are applicable to all individuals/Firms/Organization/Company (hereinafter also referred to as “User or “You”) who use the website or intend to use the website Tritysoftech.com or our app Trity2.0. and avail the services as provided by Trity. If the USER does not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website or using our service immediately.

WHEREAS this document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. The USER is hereby requested to read the Terms very carefully, as all the bookings done through the website Tritysoftech.com or Mobile Application Trity2.0.is being govern by this instant document.

  1. DEFINITIONS & INTERPRETATION: -
    1. As used in this instant document of Terms of Use & Condition, the following terms shall have the following meanings and expressions (such definitions to be equally applicable to both the singular and the plural forms of the terms defined). Unless otherwise indicated, references to Schedules and Exhibits shall mean Schedules and Exhibits to this Agreement, as such Schedules and Exhibits may be amended, supplemented or modified from time to time.
  • “Agreement” will be referred and shall be used for this instant document i.e., Terms of Use and Conditions. Also, it shall include all the amendments, updates or any change supplements this Agreement. Thus, it shall have the same meaning as of the Agreement given below.
  • “Confidential Information” shall mean any and all information and other materials disclosed, furnished, communicated or supplied by the Disclosing Party to the Receiving Party.  For avoidance of doubt, “Confidential Information” shall be deemed to include (without limitation) the following types of information and other information of a similar nature marked as ‘Confidential’, whether or not set forth in writing: any technical, commercial and financial information, improvement, inventions, know how, innovations, technology, trade secrets, professional secrets, technical specifications, copyrights and any other intellectual property, discoveries, ideas, concepts, papers, software in various stages of development, techniques, models, data, source code, object code, documentation, manuals, flow charts, research, process, procedures, functions, customer names and other information related to customers, price lists and pricing policies.
  • “Charges/Fees” shall mean the amount which will be charged by Trity from the USER.
  • “Days” shall mean and include the calendar days and months are calendar months.
  • “Effective Date” shall mean the time when USER accepts the terms of this agreement and avail the services under these terms through website or Mobile Application.
  • “TRITY ENIVRON” shall mean the principal company, which expression, shall include its directors, subsidiaries, employees and Business Partners.
  • “Intellectual Property Rights” shall include all the patents, utility models, rights to inventions, copyright and related rights, trade marks and other commercial symbols and related logos including the trade names “TRITY”. Further, it shall include rights in get- up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights to preserve the confidentiality of information (including know-how and trade secrets) and, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
  • “Optional Service/Additional Scope of Work” means services, which is not mentioned in this instant agreement, and any other services that the USER may desire and the Company/TRITY may render the same at its discretion and subject to the additional fees/charges.
  • “USER” shall mean the prospective customer/client, who hires/avails the services through the mobile application/website of TRITY.
  • “Subscription Fees” shall mean and include the charges on which such plans will be offered by TRITY to the customers i.e., USER.
  • “Website” shall mean the Tritysoftech.com as design and owned by TRITY ENIVRON SOLUTIONS PRIVATE LIMITED.

1.2 In interpreting these Terms of Usage & Conditions, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Authority’s Representative will provide instructions clarifying queries about the Conditions of the Contract.

2.HIRING SERVICE: -

2.1 That the USER can access the website/Mobile Application of TRITY for booking the Services as offered by the Company as per need and requirement. The USER can simply login to the said portal, thereafter USER will be asked to fill the basic details including but not limited to personal details, service detail, suitable time/day and choosing mode of payment.

2.2 That the USER can avail the various plans for the services including hourly plan, weekly plan, monthly plan, quarterly plan and Yearly Plan, as the case maybe. The terms of usage and condition will remain same in all the plans, however, in monthly plan, USER will be required to appraise TRITY with additional facts/requirements as to enable us for providing extra assistance to the USER for best services.

2.3 That as soon as the request is made TRITY will analyze the request and will provide the requisite support through its customer relationship executives.

2.4 That TRITY offers their plans for monthly basis as well as yearly basis and if the USER desires to opt for the services for long durations, then, in such condition, TRITY will offer free visitation to all its prospect customers along with a demo of the offered services.

2.5 That it is not possible to check the intention of any operator as deployed by the User, therefore in case of any direct or indirect damage caused by the Operator, it will be the sole responsibility of the Operator only and under no circumstances TRITY is responsible and accountable for any kind of loss to the USER. That TRITY will not be liable for any action or omission of the Operator upon deployment at the site of the USER or during/after the course of work.

3. SUBSCRIPTION

3.1 That TRITY offers the subscription plans for the USER for availing the services from its website/Mobile Application. The said subscription plan offers various discounts on the services booked by the USER through the platform.  

3.2 That notwithstanding anything contained in this instant agreement, the Subscription cost shall be nonrefundable.

3.3 That after the expiry of the subscription plan, the USER will be at liberty to renew the same by making the payment and then the USER shall be eligible to take the benefit of discount and other offers as introduce by TRITY from time to time.

4. PAYMENT

4.1 That all the payments/Charges shall either be payable at the time of booking the services through portal, or upon the completion of the services, as the case maybe. TRITY shall be accepting payment through payment gateways including but not limited to Razor Pay/ICICI Payment gateway.

4.2 That the amount conveyed under this agreement shall be all inclusive of taxes, as well as the service fee, and same shall be treated as the finalized amount. However, TRITY reserves the right to reasonably amend the charges and fee at any time at its sole discretion.

4.3 That TRITY uses third-party payment providers to receive payments from the USER, and therefore, the Trity shall not be responsible for delays or erroneous transaction or cancellation of order due to payment issues.

5. OBLIGATION OF THE USER :-

That by the virtue of availing services though TRITY’s website/Mobile Application, the USER hereby agrees and undertakes for the following: -

5.1 That at the time of making the booking, the USER shall be required to provide TRITY with the correct basic details and the requirements pertaining to the desired services.

5.2 That the operator shall always be the sole responsibility of the USER and under no circumstances TRITY shall be liable for the actions of the operator. Further, in case of any misconduct of any nature by the operator then the USER shall take full responsibility of the same.

5.3 That the USER shall be solely responsible for its belongings and valuable items/machinery. Further, the USER is expected to be reasonable careful and be prudent with safety and security of the same.

5.4  That if the USER comes to know of any information or detail about the Operator   which the USER knows or suspects has been hidden from The TRITY or the USER initially, the USER shall intimate the TRITY ENVRON of the same immediately. In the event that the USER fails to do so, the USER shall be held responsible for any activities or in-activities that may arise from such instances.

5.5 That If the USER makes the Operator act in an illegal, unlawful, or violative manner, USER alone will be responsible for such activity; The TRITY shall take no responsibility.

5.6 That the USER represents and warrant that it has the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of the Terms, as far as age, jurisdiction, laws of the land, etc. are concerned.

5.7 That instances where USER becomes aware that the Operator has been acting in breach of the Terms, then, USER will be liable to report the same to TRITY.

5.8 That the USER shall be solely responsible for all the acts occurred through the account as created on the platform of the company i.e., TRITY

6. CANCELLATION & REFUNDS

6.1 That TRITY ENIVRON reserves the right to cancel any Services placed by USER, with or without any explanation for doing so, as per the circumstances where the requirement could not be met. That in such situation, TRITY will ensure the refund the entire amount as paid by the USER at the time of booking. The said refund shall be credited in the USER account within __ working days.

6.2 The USER can also elect to cancel the request of services within 7 days from the date of booking. In such case, TRITY will have the right to charge the cancellation fees as per cancellation policy and even deduct the Tax if applicable, thereafter, the remaining amount shall be credited to USER account within __ working day

7. CONTENT, INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

7.1 That all rights, title, content including all intellectual property right arising out the services display are owned by TRITY it will also include the data, logos, images, graphics, slogans, text, content, software, code, illustrations, icons, programs, USER reviews/images (the “Uploads”); the look and feel of the Platform; and the compilation and arrangement of the Uploads belong exclusively to TRITY. The User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.

7.2 The Platform may contain certain images that are owned by third – parties and such images have been posted on the Platform after taking due permission from their rightful owners. All intellectual property rights related to these images are subject to the intellectual property rights of their owners and the USER is advised not to use them.

7.3 In addition to the images clause as mentioned above, the Platform may use certain images that are available widely on the Internet but the owners of such images are unknown. Such images are used on the Platform for reference only and shall be pulled down from the Platform if the rightful owner of such images raises a request. The USER may also be held responsible for using such images

8. DELETION OF PROFILE

8.1 TRITY reserves the right of deleting the USER profile and blocking its Platform usage in instances, if the USER actions or any omission to act breaches the   Terms or the Privacy Policy, either directly or indirectly.

8.2 In such cases, the USER shall be under the liability to indemnify the Company for the losses suffered by it. Further, the USER acknowledges and agree that the extent of such loss and damages shall be determined by the Company in its discretion and the decision of the Company on the same shall be final and binding.

9. TERMINATION

9.1 That if the USER violates the terms of this agreement and particularly the obligations mentioned then, in such circumstances, the TRITY will have all the right to terminate this instant agreement without giving any prior notice.

9.2 That upon termination, TRITY may restrict the USER access or block your account at any time due to any action or omission which we deem as inappropriate and unlawful according to the TRITY standards.

9.3 That the USER agrees that in event of termination, the USER shall be under the obligation to pay for the outstanding fees/amount if any against the Services availed by the USER at the time of termination. It is acknowledged by the USER that in case of any default in clearing payments it shall attract legal implications which shall be at the cost of the USER.

9.5 That if USER wishes to terminate this agreement, then, in such circumstances, the USER is bound to intimate the TRITY in writing in advance as well as to clear the dues pertaining to the services taken.

10. LINKS TO THIRD PARTIES

10.1 That the TRITY Platform and mobile application may contain third-party information and links to other websites, over which, the USER acknowledges that TRITY has no control and cannot guarantee for the nature, content and availability of these third-party Webpages. TRITY takes no warranty or responsibility, express or implied for the content, reliability and security of the linked websites and TRITY do not endorse the content or any products or services of any kind available on them.

10.2 That if USER decide to access any third-party websites and use the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or involve in any other activity, USER do so entirely at your own risk and in circumstance whatsoever, TRITY will be not liable for such act/omission.

That TRITY accept no liability for damage or loss caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked websites.

11. NO LIABILITY AND NO WARRANTY

11.1 That TRITY ENIVRON does not hold the accuracy, credibility, authenticity or veracity of any information provided by the Operator. Any loss, liability, expenses, damages or judgments incurred by a USER as a result of reliance on or any action taken on such information shall be borne solely and exclusively by the USER and TRITY shall not bear any liability or responsibility for the same. The USER shall solely and exclusively be responsible for verifying the information, data and content as provided by the operator which results to any engagement.

11.2 That the Platforms’ use and any resultant connection, exchange, communications or transaction does not constitute legal advice, opinion, counseling, recommendation on part of the Company and any loss, liability, expenses, damages, judgments incurred by any USER as a result of the same shall solely and exclusively be the responsibility of and borne by such USER and the TRITY shall not bear any liability or responsibility for the same.

11.3 That the USER may from time to time make the Platform unavailable, with or without notification, to carry out maintenance; repair or upgrades and the USER agree and acknowledge that the Company shall not be liable for any interruptions or loss of services as a result therefrom.

11.4 That TRITY reserves the right to change the name of its website and mobile application in future. Therefore, in such scenario the updated name of the website of application shall be substituted in the agreement and the applicable terms shall be read over that.

12. OBLIGATION OF CONFIDENTIALITY: -

12.1 Definition: The term “Confidential Information” for the purpose of this Agreement shall mean any and all information and other materials disclosed, furnished, communicated or supplied by the Company to the USER.  For avoidance of doubt, “Confidential Information” shall be deemed to include (without limitation) any and every information pertaining to the data, information, subscription fees to other or of a similar nature marked as ‘Confidential’, whether or not set forth in writing: a. Confidential information shall not be deemed to be publicly available by reason only that it is known to a few of those people to whom it might be of commercial interest, and a combination of two or more information/technology of the Confidential Information shall not be deemed to be publicly available by reason only of each separate information/technology being so available.

12.2 That in consideration of the disclosure and release of the Confidential Information by or on behalf of the either of the parties to the Receiving Party, the Receiving Party hereby agrees to use and to procure that it or its Representatives, use such measures and/or procedures as it uses in relation to its own confidential information and trade secrets to hold and keep in confidence any and all such Confidential Information and comply with the terms of this Agreement.

12.3 All information and other materials disclosed, furnished, communicated or supplied by the TRITY to the USER, are strictly confidential and shall not be divulged by USER to any third party during the term of this contract or thereafter for a period of seven (7) years without TRITY ’S prior written consent.

13. CHANGE IN APPLICABLE LAW RELATED TO TAXES AND DUTIES

13.1 That if, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost incurred by TRITY in performing the impeccable services through the website/Mobile Application, then the remuneration and reimbursable expenses as otherwise payable to the TRITY under this Contract shall be increased or decreased accordingly by agreement between the parties hereto.

14. FORCE MAJEURE

14.1 Without prejudice to any other provision herein, TRITY  shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, Acts of God or natural disasters beyond the reasonable control of the Affected Party which could not reasonably have been expected to occur, including but not limited to storm, cyclone, typhoon, hurricane, flood, landslide, drought, pandemic, lightning, earthquakes, volcanic eruption, fire, Radioactive contamination, ionizing radiation, famine, An act of war, invasion, Strikes or boycotts or industrial action or any public agitation of any kind; Any event or circumstances of a nature analogous to any of the foregoing.

14.2 That Force Majeure shall also include the condition of Political Events including and limited to Change in Law, other than any Tax laws, rules and regulations, to which the provisions of Change in Law as per the Service Agreement cannot be applied; Expropriation or compulsory acquisition by any Competent Authority of the Project or part thereof or any material assets or rights of the company.

14.3 Notwithstanding anything contained in this document, the failure of a TRITY to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.

15. SEVERABILITY

15.1 In the event any provision is found to be invalid, illegal or unenforceable, such offending provision shall be severed, and the remaining provisions shall continue to be enforceable and shall preserve, as closely as possible, the intent of TRITY.

16. WAIVER

16.1 Failure to exercise or delay in exercising any right, remedy or privilege under the Terms will not operate as a waiver thereof. Therefore, in such circumstances, the USER cannot blame TRITY for the same.

17. EFFECT OF CLICKING I AGREE

17.1 That USER acknowledges the fact that the Website serves as a venue for the online booking of services as mentioned above. Further, USER authorize the transfer of payment for Services requested through the use of the Website/Mobile Application and USER agree to be bound by all terms and conditions of this instant document and any other documents incorporated by reference herein. That USER specifically agrees that by using the website/Mobile Application, USER is at least 18 years of age and USER are competent under law to enter into a legally binding and enforceable contract.

17.2 That any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of this website or to particular content are also considered as terms of use. Further, the USER should visit this page periodically to review the terms of use, because they are binding on USER. The terms “you” and “user” as used herein refer to all individuals/entities/company/organization accessing the website for any reason.

17.3 That by using/accessing the website i.e., Tritysoftech.com or mobile application, USER is indicating and hereby accept the terms of user and your acceptance is bound by the provisions of these terms of use, including any updating/revisions made therein. Trity (“Company”) may revise these terms of use and TRITY does not have any obligation or responsibility to inform or intimate USER in any manner, directly or indirectly, of the posting once updated or prior to such updation. Use of the website and mobile application following any such modification constitutes your agreement to follow and be bound by the terms of use as modified.

That the USER acknowledges and duly understands the terms mentioned hereinabove and gives his/her express consent on the same.

18. HEADINGS 

18.1 That the headings herein are given for the sake of convenience and ease of reference only and they do not in any way govern or affect the interpretation or meaning thereof of the respective clauses.

19. JURISDICTION

19.1 That this instant document pertaining to the Terms of Usage and conditions shall be governed by and construed in accordance with the laws of the land i.e., Indian Laws.

19.2 That the parties hereto agree that any suitaction or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this instant document  or the transactions contemplated hereby shall only be brought/filed before the Hon’ble District Court of Ghaziabad, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction which falls within the jurisdiction of Hon’ble District Court of Ghaziabad, and  each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) and the user agrees to waive off the right to file any such case anywhere except the courts situated in Ghaziabad.

19.3 TRITY reserves the right to seek all remedies available at law and in equity for violations of the Terms by the User.

 

20.VERACITY OF INFORMATION: -

20.1 That it is made on the clear understanding that USER have supplied the TRITY with all the necessary information to enable TRITY to judge and verify the information you have supplied is true and correct. Should it be found afterwards that USER have furnished wrong or insufficient/ inaccurate information, misrepresented facts; your subscription is liable to be summarily terminated.

20.2 That the USER grants TRITY the authority to download and/or print partly or wholly any content that USER post on the Platform.

DECLARATION

I/WE HAVE GONE THROUGH THE CONTENTS OF THIS TERMS OF USAGE AND CONDITIONS AND I/WE HAVE FURTHER UNDERSTOOD THE IMPLICATION OF THE ABOVE SAID TERMS & CONDITIONS AND THUS ALL THE SAID TERMS ARE AGREED BY ME/US. THE ABOVE SAID TERMS & CONDITIONS ARE BINDING ON ME/US, AND BEING AGREED OUT OF MY FREE WILL AND CONSENT & WITHOUT ANY UNDUE INFLUENCE, PRESSURE, COERCION OF ANY NATURE.