Terms and Conditions

Updated on: 22nd November 2015

Effective Date: 22nd November 2015

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND TROIKA MANAGEMENT SERVICES PRIVATE LIMITED (hereinafter “Troika / Troika Tech Services”) GOVERNING YOUR USE OF Troika’s products.

Kindly read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “We”, “Us” and “Our” shall mean (Troika Tech Services).

Introduction:

Troika Tech Services (“Website”) is a website offering software’s and services which can be used on the Internet. A company incorporated under the laws of India.

Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Troika Tech Services at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

User Account, Password, and Security:

We would generate an Administration ID and Password which you could use to use our services. You will receive a password and account designation once this process is completed. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Troika Tech Services of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Troika Tech Services cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Administrators will have complete right to manage the Users of this Service. We are not responsible to manage your day-to-day activities. We would only be creating Administrator ID and Password. The ID and Password would be handed over to the concerned person as designated by the customer. Post the Password handover; it is the management responsibility to keep a vigil on all the activities and take necessary steps to monitor activities that are conducted using this software.

Services Offered:

Troika Tech Services provides a number of Internet-based services through the Website (all such services, collectively, the “Service”). One such service enables users to purchase products. Upon placing an order, Troika Tech Services shall offer its products to you and be entitled to its payment for the Services.

Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Troika Tech Services Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Limited User:

The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software purchased and obtained from this Website. Limited reproduction and copying of the content of the Website is permitted provided that Troika Tech Services name is stated as the source and prior written permission of Troika Tech Services is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules:

You agree and undertake to use the Website and the Software Service that you have purchased only to conduct and perform activities that its designed for. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

 

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
  5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
  6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  9. Violate any applicable laws or regulations for the time being in force in or outside India;
  10. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  11. Exploit any of the services. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
  12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Troika Tech Services, its franchisor, associates and partners on any property owned by Troika Tech Services.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content, which you submit or otherwise authorized to use the software and its services, and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Troika Tech Services.

Exactness Not Guaranteed:

Troika Tech Services hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as specification, size, colour, shape, units, weight etc. may be required, due to limitations caused by availability of product difference. In this instance you agree that a representative from Troika Tech Services will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Troika Tech Services may re-request that you accept a product alteration one additional time if an alternative method to send your required product is available. If you reject this 2nd request (re-request) your order will be cancelled and all amount paid by you for the order will be fully refunded via your initial method of payment, within 15 days of your final refusal.

Links to Third Party Sites:

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Troika Tech Services or the Website and Troika Tech Services is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Troika Tech Services is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Troika Tech Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Troika Tech Services or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. 

Disclaimer of Warranties/Limitation of Liability:

It is the customer’s responsibility to login earlier if they want to avail better products or styles because Troika Tech Services sales are “first come, first serve”. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out.

 

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Our Online website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

 Indemnification:

You agree to indemnify, defend and hold harmless Troika Tech Services from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Troika Tech Services that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

 Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Troika Tech Services discretion.

Termination:

  1. Troika Tech Servicesmay suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
  1. If you orTroika Tech Servicesterminates your use of the Website or any Service, Troika Tech Services may delete any content or other materials relating to your use of the Service and Troika Tech Services will have no liability to you or any third party for doing so.
  1. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Interpretation of Number and Genders:

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.

 Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

 Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Troika Tech Services does not review the contents in any way before they appear on the Website. Troika Tech Services does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to our Customer Care Team.

 Cancellation of Fraudulent Orders:

To provide a safe and secure experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Troika Tech Services reserves the right to cancel all past, pending and future orders without any liability. Troika Tech Services also reserves the right to refuse or cancel orders in scenarios like inaccuracies and product unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your account has been charged, the said amount will be reversed to your Account.

 Cancellation of Bulk Orders:

Troika Tech Services may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Troika Tech Services:

  1. Products ordered are not for self-consumption but for commercial resale
  2. Multiple orders placed for same product at the same address, depending on the product category
  3. Bulk quantity of the same product ordered
  4. Invalid address given in order details
  5. Any malpractice used to place the order

Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded

Product: 

Product implementation and activation would be completed as per the agreement between client and Troika. ERP will be installed in our Server and it can be linked to your website through a “HyperLink”. We would not share our Server Details. Only the Admin ID and Password will be shared.

If there are product customization’s request it should given before the implementation process starts. If there are any customization request’s post activation, you would be charged for the same. The charges would be communicated to you. Initially we would take requests for removal of specific features which are not useful, we would not be adding any features. However, we appreciate your feedback and if the implementation of that particular feature is possible we would be offering it in the future and the same would be communicated to you.

We would like to inform you that the final product would be the same as the Demo. So we request you to take your time to review the product, it’s uses and functionalities.

If you would like to remove some options and decide it doesn’t suits you current needs then we would be removing it completely. If at a later date you decide that you wanted that particular functionality. Then in such a case you would have to pay the integration cost. Also, we would be communicating it to you if that implementation is possible at that stage.

We do not integrate 3rd Party software’s with this system.

Once the product is successfully activated, We would be sharing the Admin Panel Login ID and Password post which you can start using the product.

Payment Terms: 

 You would have to make 50% Advance Payment and 50% after successful implementation.

Remaining 50% needs to be paid before delivery. Admin ID and Password would be shared only after we receive the final payment.

Any Amount Paid is non-refundable. We do not refund the amount that has been paid. So make sure you would buy the software only if there is a need. Troika would not accept any explanations if there is a request for refund.

Project Offers: 

Any communication between Troika and the customer, Specific Offer’s and Proposal’s given should be kept confidential and it should not be shared with any Third Party.

Project Deadlines: 

 If there are delays due to unforeseen circumstances like weather related issues, political instability or hostile environment or any other situation that risen which is beyond our control. Troika has the right to extend the deadlines and the same would be communicated to you.

Your ERP will be Live within 48 to 72 Hours. If there is any delay in implementation it would be communicated to you.

 BackUp: 

 You would be responsible to take timely backup of the data.

We do not monitor or review the content of other party’s websites which are linked to or from the client’s website. Hence, you are responsible for the security of the website.

You should evaluate the security and trustworthiness of any other site connected to your ERP or accessed through this ERP yourself, before disclosing any personal information to anyone or in any manner.

Troika will not accept any responsibility for any misuse, loss or damage or failure in whatever manner, howsoever caused, resulting from your disclosure to third parties or due to any compromise in security or personal information.

Ownership of materials on the site:

Troika Tech Services, unless otherwise stated, the owner of all copyright and database rights in the site and its contents. You may not publish, distribute, extract, re-utilize, or reproduce any part of the site in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice or as permitted by the Indian Copyright Act, 1957 or The Trademark Act, 1999 as applicable or any equivalent legislation as may apply in India.

 Trade Marks:

All brand, product and service names used in this site are the trademarks, trade names or service marks of Troika Tech Services unless otherwise stated. You may not market or distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks without the prior written permission of Troika Tech Services or the owner of such trademarks, trade names or service marks.

 Copyright:

The contents of the pages of this website solely belong to Troika Tech Services. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions: – a. License to copy for personal use: You may make copies of the site as necessary incidental acts during your viewing of it, and you may take a print for your personal use of so much of the site as is reasonable for private purposes. b. License to recopy for limited purposes: You may recopy the material to individual third parties for their personal information only, but only if:

  1. You acknowledge the web pages ofTroika Tech Servicesas the source of the material. You must include such acknowledgement along with the top-level URL from Troika Tech Services website in the copy of the material; and
  2. You inform the third party that these conditions apply to him or her and that he/she must comply with them. This license to recopy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of a page from the website of Troika Tech Servicesmay be distributed or copied for any commercial purpose. No part of the website of Troika Tech Servicesmay be reproduced or transmitted to or stored in any other web site or other form of electronic retrieval system.
  3. Client takes complete responsibility of the content and photographs that are provided or used to develop the ERP or henceforth that will be used. We Troika Tech Services are not responsible to take any copyright permissions and should not be held responsible for any infringement of Copyright laws of any country or under any jurisdiction.

We do not monitor or review the content of other party’s which are linked to or from the client’s website or ERP or any other online source. Hence, you are responsible for the security and make necessary arrangements for the same.

Opinions expressed or material appearing on the ERP developed by Troika Tech Services is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.

Contract Termination Rights: 

 Troika has the complete right to terminate the contract if any unacceptable, illegal or immoral activities are conducted as per the Laws of India as a sovereign country. We would consider the agreement between us nulled and void. In that case no refund would be provided and also you would not be given any files related to your project.

Amendments of the terms: 

 We reserve the right to amend these Terms without notice to you from time to time. Any such amendment shall be effective once the revised terms have been posted on the site.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai. General You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. We suggest you to check the Terms and Conditions as often as possible and before buying any of our products. Your continued use of our products thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.