PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE USING TRIMORPH. BY VISITING OR REQUESTING ANY OF OUR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR PARTICIPATE IN ANY TRIMORPH PROGRAMMES.
WELCOME NOTE
Welcome to our online site. Trimorph is an online service platform as owned by [Please insert your corp. name] (also referred to herein as “Trimorph”) and Trimorph and its associates provide their services to you subject to the following conditions upon which Trimorph (“We” or “Us”), will provide service to you on the Trimorph (“the Website”). We provide you with website design, theme customization, programming services, and Drupal and WordPress website maintenance. We also offer chat and email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Trimorph makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (Collectively “Using”) the Website and the services thereof, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices.
Australian Copyright Act 1968 (as amended) and international copyright treaties, as well as other intellectual property laws and treaties protect the Content Offering. The Content Offering is licensed, not sold.
This document might be updated time to time and the current version will be posted on Trimorph.com accordingly.
KEY TERMS RELATED TO CONTENT
(a) “Trimorph” is a trademark of [Please insert your corp. name]. In this Agreement, references to “Trimorph” as a Party mean and refer to [Please insert your corp. name], doing business as Trimorph, and [Please insert your corp. name] owner(s), parent company(ies), affiliate entities, and employees, and assigns.
(b) “Parties” mean Trimorph and You. Trimorph and You are each a “Party.”
(c) “Terms” mean and refer to the Trimorph User Terms and Conditions set forth herein.
(d) “User” refers to a person who has created a Trimorph Account. “User Account” refers to a User’s Trimorph Account.
(e) “You”and “Your” means the Trimorph User who has executed this Agreement by clicking “I Agree.”
(f) “Content” refers to text, any Product/Service, Product/Service Descriptions, documentation, graphics, images, software, audio, video, information or other materials.
(g) “Trimorph Content” refers to all Content Trimorph makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
(h) “Site Content” refers to Trimorph Content including any product descriptions and even Member Forum Contents.
(i) Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions posted, or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site, Services or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Site Content.
WARRANTIES
You warrant to Trimorph that:
a) You are of sound mind, legal age and legal competence.
b) You (if not a natural person) are duly organized and validly existing under the applicable laws of the jurisdiction of its organization.
c) Trimorph has the right to prevent the User from using the Services any defaults are identified or other valid reasons become justified.
d) You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
e) Any violation of these general terms more than 2 times would constitute in breach of this Agreement within the provisions of the applicable law.
PRIVACY
Please review our Privacy Policy Page, which also governs our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Trimorph or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHTS
All content included on this site, such as product descriptions, texts, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software is the property of Trimorph or its content suppliers are protected by international copyright laws and within the provisions of Australian Copyright Act 1968 (as amended).
TRADEMARKS (ONCE YOU HAVE ONE)
Trimorph trademarks and trade dress may be used but not in a way that is not Trimorph or in any manner that is likely to cause confusion among others or in any manner that disparages or discredits Trimorph. All other trademarks not owned by Trimorph or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Trimorph or its subsidiaries.
LEGAL COMPLAINTS
Trimorph respects intellectual property rights. If you believe that Content on this website infringes your copyright please follow our procedures for making a Copyright infringement claim. If you have a legal complaint other than a copyright claim, please email us at support@trimor.ph for making any legal complaints.
TRIMORPH OBLIGATIONS
- Trimorph undertakes that the Services will be performed substantially with reasonable skill and care.
- However, the undertaking shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to Trimorph’s instructions, or modification or alteration of the Services by any party other than Trimorph or Trimorph’s duly authorized contractors or agents. If the Services do not conform to the foregoing undertaking, Trimorph will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer’s sole and exclusive remedy for any breach of the undertaking. Notwithstanding the foregoing, Trimorph:(a) Trimorph does not warrant that the Customer’s use of the Services will be uninterrupted or error-free; nor that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer’s requirements; and(b) Trimorph is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- This agreement shall not prevent Trimorph from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
- Please be noted that Trimorph service does not support multi-site WordPress installations.
- Trimorph warrants that it has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this agreement.
CUSTOMER’S OBLIGATIONS
The Customer shall:
- provide Trimorph with:
a) all necessary co-operation in relation to this agreement; and
b) all necessary access to such information as may be required by us; in order to render the Services, including but not limited to Customer Data, security access information and configuration services; - Comply with all applicable laws and regulations with respect to its activities under this agreement;
- Carry out all other Customer responsibilities set out in this agreement in a timely and efficient manner. In the event of any delays in the Customer’s provision of such assistance as agreed by the parties, We may adjust any agreed timetable or delivery schedule as reasonably necessary;
- Customer will ensure that the Authorized Users use the Services and the Documentation in accordance with the terms and conditions of this agreement and shall be responsible for any Authorized User’s breach of this agreement;
- The Customer shall obtain and maintain all necessary licenses, consents, and permissions necessary for the Provider, its contractors and agents to perform their obligations under this agreement, including without limitation the Services;
- Customer ensures that its network and systems comply with the relevant specifications provided by the Provider from time to time; and
- Be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the our data centers, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer’s network connections or telecommunications links or caused by the internet.
THIRD PARTY CONTENTS
We may provide third party content or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users, or others, are not those of Trimorph, but are those of the respective author(s) or distributor(s). The content does not necessarily reflect the views, policies or practices of Trimorph, or its agencies, officials or employees. You should review third parties’ terms of use and privacy policies before you use their services.
Any reference on Trimorph Web site to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, is not an endorsement or recommendation. Any reference shall not be used for advertising or product endorsement purposes.
REGISTRATION
a) As a condition to using Services, you are required to open an account with Trimorph and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Trimorph account.
b) You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
c) Services are available only to legal entities and to individuals who are at least 18 years old.
d) The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Trimorph Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
MANAGING YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Your User contract with Trimorph begins when You click “I Agree,” and will continue month-to-month thereon, however;
a) Trimorph and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
b) Trimorph can cancel Your account due to Your breach of any of the Terms of this Agreement. In such circumstances, You will not be entitled to any refund for any payments You have made to Trimorph.
c) You can cancel Your membership account by providing Trimorph ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. Your membership with Trimorph might be terminated whenever; Your credit card or Trimorph’ charge is denied for any reason and You do not provide Trimorph a new credit card within ten (10) days.
d) If a product/services received is not as described or is damaged, Trimorph will do best to investigate the issue and help you out within a reasonable period of time.
SCHEDULE OF CHARGES, BILLING POLICY
a) All information that is or that will be conveyed through our website is distributed free of charge. However; depending on the Product/Services selected by you, there is a fee associated.
b) You agree that you will pay for such Products/Services, and that Trimorph may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
c) You are responsible for the timely payment of all the fees associated and for providing us with a valid payment method for payment of such fees.
d) Your total price will include the price of the product/services but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
e) You can pay to such schedule of charges by using Credit Card/PayPal securely.
f) By clicking “I Agree” and providing Trimorph Your credit card information You authorize Trimorph to charge Your credit card in the amount indicated for the value of the product You select, including any future price changes.
g) Shall be payable in [AUD];
h) Are non-cancellable and non-refundable;
i) You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
j) The user hereby agrees that the prices are subject to inflation and rises in commodity prices. You acknowledge hereby that such prices may be changed at any time at Trimorph’s sole and exclusive discretion. We do not provide any price protection or refunds in the event of a price reduction or promotional offering.
SUPPORT REQUESTS
a) Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email support@trimor.ph.
b) Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the Trimorph management. For work outside of the scope of the Trimorph 30 minute development agreement, Trimorph management may provide alternative solutions to the client including referral to the Trimorph partner network.
c) Trimorph provides 24/7 support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
d) Your requests are subject to approval by Trimorph management or by its assigned agent.
NATURE OF REQUEST
Requests should fall within the following categories.
a) UI troubleshooting (HTML, CSS, JavaScript)
b) Styling elements with CSS
c) Content population & image manipulation
d) Creation of basic graphics (e.g. buttons, banners, etc.)
e) WordPress consulting (advice and support)
f) Optimization of CSS, JavaScript and Images
g) Theme/plug-in audits
h) Plug-in installation and implementation
If you are unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests which shall not meet Trimorph management approval for support:
a) Website redesign
b) Landing page design
c) Custom plugin development
d) Custom theme development
e) Search marketing/SEO services
f) Any fix deemed by Trimorph management to exceed 30 minutes effort
REFUND POLICY AVAILABILITY
We offer refunds where applicable. Applicability of such will be handled as the following:
NON-DELIVERY
Non-delivery of any service due to some technical issues, we recommend contacting us for assistance. Claims for non-delivery must be submitted to our Billing department in writing within 7 days from the original delivery date. Otherwise the services rendered will be considered received.
SERVICES NOT-AS-DESCRIBED:
Such issues should be reported to our Technical Support Department within 7 days from the original date of delivery. Clear evidence must be provided proving that the purchased service is not as it is described on the website. Complaints which are based merely on the user’s false expectations or wishes are not honored.
Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner.
FEEDBACKS, REVIEWS, OR ANY OTHER CONTENT
a) Users may post feedbacks, reviews, comments, and other content: and submit suggestions, ideas, comments, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” However, Feedback extortion is not acceptable in our site’s community. If a user is reported for feedback extortion and we are able to substantiate the claim, the user’s account will be removed.
b) If you do post content or submit material, and unless we indicate otherwise, you grant Trimorph and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Trimorph and its associates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Trimorph or its associates for all claims resulting from content you supply. Trimorph has the right but not the obligation to monitor and edit or remove any activity or content. Trimorph takes no responsibility and assumes no liability for any content posted by you or any third party.
c) Do NOT use any of the following words in your queries: Herb* Hemp* Dab* Peptides* 420* Marijuana* cannabis* cbd * Bong* Kush* keif* pot* sativa* THC* wax * weed*
FAIR USAGE POLICY
The Services provided by Trimorph have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.
Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
- Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Trimorph and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Violate any person’s or entities legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
- Interfere with others using the Services or otherwise disrupt the Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and CBS Interactive;
- Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
- Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
RISK OF LOSS
The User shall be solely and only responsible for any risk, general or special attributable, due to the usage of our online site. The User of this website hereby accepts any kind of material losses or detriment due to the outcome of use of this website.
CONFIDENTIALITY
(a) Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party’s Confidential Information shall not be deemed to include information that;
is or becomes publicly known other than through any act or omission of the receiving party;
was in the other party’s lawful possession before the disclosure;
is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
is independently developed by the receiving party, which independent development can be shown by written evidence; or
is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
(b) Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
(c) Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
(d) Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
(e) The User acknowledges that details of the Services, and the results of any performance tests of the Services, constitute Trimorph’s Confidential Information.
LIMITATION OF LIABILITIES
a) Trimorph do not warrant: (1) that any information/service/products or any content or product contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available.
b) We do not guarantee invincible protection of any information, as every website is hackable; but we take great precautions to prevent their information from being taken.
c) Trimorph disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.”
GENERAL DISCLAIMER
TRIMORPH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIMORPH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. TRIMORPH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TRIMORPH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIMORPHWILL IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
APPLICABLE LAW
These terms of this agreement shall be governed by and construed in accordance with the laws of State of New South Wales, Australia. The courts of New South Wales, Australia shall have exclusive jurisdiction in respect of any actions or claims under these terms of use and you hereby consent and submit to the personal jurisdiction of such courts; provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law.
DISPUTES
Any dispute relating in any way to your visit to Trimorph or any data/information collected through Trimorph shall be submitted to confidential arbitration in New South Wales, Australia except that, to the extent you have in any manner violated or threatened to violate Trimorph’s intellectual property rights, Trimorph may seek injunctive or other appropriate relief in any court within New South Wales, Australia and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
TERMINATION
These terms of use are effective shall be effective on from date you first use or order any of our services/products using this website site and shall continue in effect until terminated by either you or us.
We may immediately terminate these terms of use with respect to you (including your access to the Site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use.
SITE POLICIES, MODIFICATION AND SEVERABILITY
These terms and the other policies posted on this website constitute the entire agreement between Trimorph and you. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
IF YOU HAVE ANY QUERIES YOU CAN WRITE TO US AT: support@trimor.ph