TRIUS Technology :: Communications, Health, Wealth & Lifestyle
Trius Technology
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GENERAL

We trust you do not take any of these terms as Draconian. Every service has requirements, rights and obligations. We are in business to support YOU and YOUR business and to provide superior services. If we cannot operate a functional partnership (helping each other) then there is no use in us providing you with these services.

Times are calculated as Sydney (Australia) time unless notified otherwise. Peak and off-peak rates may apply to some services. These time spans will be indicated where necessary.

Definitions

In the following...

"Company" refers to "Trius Technology Pty Ltd" (Trius) and subsidiary companies and operations.

"Customer" refers to any Member or end user of the services provided by the Company or it's partners or assigns.

"Services" refer to any services supplied by the Company or it's partners or assigns.

"Affiliate" refers to any person, company or entity authorised to market products and service on behalf of the company or it's partners or assigns.

PRIVACY POLICY

Trius has a firm commitment to the privacy of visitors and customers. Customer personal details are kept on file in our offices. All precautions have been and will constantly be taken to protect these details.

UNDER NO CIRCUMSTANCES WILL YOUR DETAILS BE PASSED ON TO A THIRD PARTY unless necessary for the proper functioning of our systems or if directed by law to do so.

We have extensive confidentiality agreements in place with our suppliers and service providers such that they will also adhere our same strict privacy policy.

Your details will NEVER be sold to list management or other parties for the purposes of marketing products and services or business opportunities.

We refuse to sell, trade or otherwise transfer any type of customer data - email addresses, mailing addresses, etc., - to other companies or individuals, except in the case of third party vendors directly involved in the delivery of a product or performance of a service. In such cases, these are only reputable companies that have agreed to abide by our strict privacy policy and have their own published privacy policy.

Our tracking systems sometimes require 'cookies' to be turned on in your web browser. These are only used to facilitate ease of navigation on your behalf. Under no circumstances do we interrogate your computer or store any of these details on our computers. We collect visitors' contact information (such as email addresses) and financial information (credit card data) when voluntarily provided to us.

Contact information from order forms is only used to fill customer orders or to correspond regarding such orders. Financial information collected is only used to bill customers for voluntary purchases of products and services.

Information on related products or services may be received from us in the form of package inserts (included in physical product shipments) or email messages initiated by a sale or inquiry. Visitors or customers will not otherwise be solicited by us or others through any means (phone, email, postal mail, etc.) as a result of giving us access to their personal data. We do not knowingly link to other sites that do not respect the privacy of their visitors, but we cannot be responsible for the practices or content of any such web site.

This site has strong security measures in place to protect from the loss, misuse or alteration of information under our control. Our site uses secure order forms for our customers to make purchases in safe and private manner. All data submitted through our secure forms is protected the entire online route - from the customer's computer to ours - with powerful SSL encryption technology.

Further security measures are taken to protect such data once it has been received.

COPYRIGHT

Content of this and all Company produced websites is copyright.

Materials may be freely copied and distributed subject to the inclusion of the copyright notice and our website address. Under no circumstances shall changes to the informational content of these documents be made without prior written authority from the Company.

Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order or using this site as a shopping resource. Members may electronically or physically copy or print pages from their member website pages in order to promote the product, services and business opportunity.

This site contains links to other Internet locations. Unless stated otherwise, these links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by this site.

Breach of this copyright in any way shall bear full legal action against the perpetrating party(ies).

GUARANTEE & WARRANTY

This site (and other company produced sites) is provided by the Company and has been constructed with the assistance of, and in association with, independent distributors & business partners. Unless stated otherwise, no warranty is implied or guaranteed on the information contained therein.

Due to the nature of the telecommunications infrastructure we cannot guarantee our quality of service. Not even Telstra (the dominant carrier in Australia) can do that! We DO make it our policy, however, to provide you with the best possible services to meet your needs.

We are real people, so if there is ever any need for grievance then please contact us first and give us the opportunity to rectify any problems as they arise.

BILLING, CHARGING & GST

The Company's service charging rates are payment in advance unless negotiated otherwise in writing.

Service fees may be charged periodically (as speicified) to your designated Credit Card in the name of Trius Technology Pty Ltd. This will normally occur in the first week of every calendar month. Setup fees and casual purchases are billed at the time of purchase.

The 10% GST (Goods & Services Tax) will be charged on all services from 1 July 2000, in accordance with ANTS (A New Tax System) as imposed by the Australian Government.

We do NOT issue usage-charging statements.

You may terminate any or all services at any time by notifying us in writing. There may be a delay in implementing termination.

Any unused periodic payment at the time of cancellation will be forfeited and any excess usage over your allowance will be immediately billed to your credit card. Where possible, unused fees and crdit balances will be repaid pro-rata.

All accounts will be paid by credit card or other electronic means as determined from time to time, subsequent fees will be debited automatically at the beginning of each billing period and will include any other charges incurred by the Customer.

Accounts not paid on the due date will be suspended and a resumption fee will apply. Further, the Company will be at liberty to charge interest at the rate of 15% per annum, calculated daily, on any account not paid by its due date.

Please ensure your credit card details are valid and kept up to date with us. You do not want to run the risk of your service being disabled due to non-payment.

Non availability of funds at the time of billing may incur an administration fee. Further non-payment will incur termination and alternate payment method.

The Customer will remain liable for any charges incurred up to the effective date of termination. Insofar as it is lawful, no refund of any fees will be granted subject to proof of use of the services.

All users are responsible for the cost of connection to any Company system. Usage charges commence once you are connected and authenticated on our service. This may include making mobile or long distance phone call using your preferred long distance or mobile carrier. It may also be by connecting over the Internet, by wireless connection or by some alternate means as developed from time to time.

The Company reserves the right to alter service charges from time to time by giving the Customer fourteen (14) days notice by preferred communication method (email).

TERMS & CONDITIONS

Customers must comply with all Local, State, Federal and International laws. The Company reserves the right to monitor the conduct of any Customer it suspects is abusing the conditions of this policy and if appropriate may pass any information on to the relevant authorities.

Agreement

The terms and conditions contained herein shall be read in conjunction with the Company’s Registration Form, the Acceptable Use Policy, Pricing Guide and other documentation provided at any time to the Customer by the Company.

The Customer hereby acknowledges and agrees that each document mentioned in this clause, together with these terms and conditions form the terms and conditions of the Agreement between the parties, and by using the Service provided by the Company , the Customer acknowledges that they have read, understand, and agree to abide by those terms and conditions.

The Company reserves the right to vary the terms and conditions of the Agreement at any time by giving the Customer fourteen (14) days notice of such variation

Provision of Service

The Company will provide the Service to the Customer. The Company does not warrant that the Service will be uninterrupted or error free, and it is understood that the Service may from time to time be affected by factors beyond the control of the Company. In such case  the Company will not be responsible for any delay or failure to perform but shall pursue the restoration of the Service to the best of its ability.

The Company may provide the Customer with login information required to access the Service.

The Customer must not resell the Services without the express prior written consent of the Company.

By accessing the Service, the Customer agrees to abide by the terms and conditions of the Company’s Acceptable Use Policy.

The company accepts no responsibility for loss of customer data. It is recommended that you backup any sensitive data on a regular basis to avoid possible loss.

Exclusion of Liability

By using the Service provided by the Company, the Customer agrees to the following:

  • The use of the Service is at the Customer's sole risk and responsibility. Through the Service, the Customer may find materials that are inappropriate, offensive, inflammatory or of an adult nature. The Company does not endorse such materials and shall not be held liable for them.

  • The Customer accepts full responsibility for any content obtained through or on the Service. The Company accepts no responsibility for any infringement of any law in any country, or conduct of an illegal nature by any of its Customers.

  • The Service is supplied on an "as is" basis without warranties of any kind, either express or implied. In no event will  the Company or its employees be liable to anyone for any special, incidental or consequential damages arising from the use of (or inability to use) the Service, including but not limited to damages resulting from loss of data or loss of profit.

  • The Customer agrees to indemnify the Company against all liabilities, damages, claims, actions, proceedings and expenses, including all legal fees and expenses, arising from the Customer's use of the Service, or breach of any term of this Agreement in any way.

Termination

The Agreement shall remain in place until it is terminated by either party at any time on fourteen (14) days prior notice.

The Company reserves the right to terminate or suspend the Service or Agreement to the Customer without notice or liability upon the occasion of misuse or abuse of the Service by the Customer.

In its sole discretion, the Company determines what constitutes misuse or abuse of the Service.

Jurisdiction

This agreement shall be subject to and governed by the laws of Australia and the parties hereto submit to the exclusive jurisdiction of the Courts and Tribunals of that country and any Courts and Tribunals of appeal therefrom.

ACCEPTABLE USE

Please report any Unacceptable Use immediately.

This document provides a general understanding of the Company’s policy on the acceptable use of our Internet services and is to be read in conjunction with the Company’s "Terms and Conditions". 

By accessing the Service, the Customer agrees to be bound by the terms of this policy.

Breaches of the Acceptable Use Policy can lead to suspension or cancellation of a customer's account without notice.

Suspended accounts may be subject to reactivation charges.

The Company reserves the right to update the terms of this policy without notice, but will endeavour to notify the customer of such changes when possible

Unacceptable Uses

It is not acceptable to use the company services to:

  • Violate any applicable State and Federal laws or regulations
  • Violate any copyright, trademarks, license rights or other intellectual property rights
  • Store, use or distribute software of an illegal nature.
  • Store, host or distribute material that is of a pornographic nature.
  • Post or transmit any harmful information or software containing any form of Virus, Worm, Trojan Horse etc.
  • Gain unauthorised access to any computer or other communication device.
  • Send unsolicited e-mail for the purpose of advertising or inappropriate marketing practices (referred to as "spamming").
  • Collect responses from unsolicited e-mail using an email address containing any Company domain name.
  • Use forged headers or other identifying information (Impersonation).
  • Share service accounts with anyone other than an immediate family member.
  • Resell the service without express written consent.
  • Run a web server or FTP server without express written consent.
  • Use artificial means to keep the service continuously connected when not interactively in use.
  • Solicit other customers of the Company to become subscribers of other competitive services.

Any user found to be in violation of any of the above (and any other actions deemed morally, legally and commercially unacceptable) will have their account(s) immediately terminated without refund of any prepaid moneys. Legal action may also be initiated where loss of revenue is encountered.

SPAM - UCE (Unsolicited Commercial Email)

Customers using the Company’s services shall not send Unsolicited Commercial Email. Spamming will not be tolerated by the company. Any user found spamming will be terminated immediately.

Newsgroups (Usenet)

Customers using the Company’s Usenet newsgroups facility agree to respect the policies of individual newsgroups. Irresponsible blanket postings to all or large numbers of newsgroups simultaneously with disregard to the newsgroups' topics is forbidden.

IRC (Internet Relay Chat)

The use of IRC bots or scripts is prohibited, as is the violation of any accepted policies on IRC servers. IRC bots or scripts found in the the Company network may be removed without notice. If the Company is banned from an IRC server, the offending customer's account will be terminated.

World Wide Web Pages (WWW)

Offensive material must not be published on the customer's website. This includes expressions of racism, hatred, bigotry, or profanity; information or promotion of illegal websites or activities; display of material containing nudity or pornography of any kind. If the customer's website receives hits (visits) in excess of the number of hits specified in the Company’s pricing or policy documents, the customer will be liable for additional charges as determined by the Company.

Email Accounts

The Company may provide its customers with Monthly accounts. Activities such as pinging, automated mail check, or any other artificial means to keep an account connected are not considered to be an interactive function and will not be permitted. Customers abusing this condition of the policy may find that their accounts terminated without notice.

COMMUNICATIONS

Our primary method of notification is by email.

You will be automatically added to our email distribution list for help, feature enhancements, and new product announcements. If you wish to be excluded from these lists then please notify us by email or select the remove link on the email itself.

You may subscribe (or unsubscribe) to additional opt-in email distribution lists as you wish from any of our sites.

We operate a NO SPAM policy and comply with the CAN-SPAM act of 2003.

GETTING HELP

Should you need any other assistance, please contact Customer Support to report the problem.

FURTHER INFORMATION

For further information about our multitude of tools and services for marketing your business, please check our website at http://www.triustech.net or contact the Trius Sales Order Line