Terms of use

This is a legal agreement.

By accessing this website or using any service provided herein, you implicitly agree to being bound by all of the terms and conditions of this agreement. Please read the entire agreement before accepting its terms and using the site.

Parties

The parties to this Agreement are you, a visitor to this web site ("You"), and the owner and operator of this web site (Tri-Line Network Telephony Limited), hereafter referred to as ("Tri-Line").

All references to "us", "this web site" or "this site" shall be taken as referring to Tri-Line. If the user is not an individual, then "You" means Your Company, its officers, members, agents, successors and assigns.

Assent to terms of use and amendment

Tri-Line grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions. We may amend these Terms and Conditions from time to time without notice to you. You can review the most current version of the Terms and Conditions at any time at this site.

In addition, when using particular services in this site, guidelines or rules may be posted which are applicable to your use of those services. Your use of this site and your relationship with Tri-Line are subject to all guidelines or rules that may be posted from time to time on the site, which are all incorporated by reference into this agreement.

By using this site, you are agreeing to be bound by all of the Terms and Conditions of the most current version of The Terms of Use Agreement and any guidelines and rules posted on this site. If you do not agree to be bound by this agreement, do not use this site.

Entire agreement

This Terms of Use Agreement will be expressly incorporated by reference in each and every agreement between You and Tri-Line, and except for any separate license agreement for software and/or content, this Terms of Use agreement supersedes any and all prior and existing agreements, whether oral or in writing, between You and Tri-Line with respect to the subjects addressed herein and constitutes the entire agreement between the parties with respect to those subjects.

Except for any separate license agreement for software and/or content, You acknowledge that neither Tri-Line nor anyone on Tri-Line's behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this Terms of Use agreement that are not embodied herein.

Prohibited conduct

You agree:-

  1. not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  2. not to interfere or disrupt this site or any networks connected to this site;
  3. not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site;
  4. not to take any action that imposes an unreasonable or disproportionately large load on Tri-Line's infrastructure;
  5. not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site;
  6. not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.

Compliance with laws

You shall comply with all applicable laws and regulations of the United Kingdom of Great Britain and Northern Ireland.

Separate license agreement(s)

The software and accompanying documentation that are made available to download from this Site is the copyrighted work of Tri-Line.

Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement.

If you do not agree to such terms, you will not be able to use the software.

You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.

Copyrights

The copyright in all material provided on this site is owned by Tri-Line or by Tri-Line's licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws.

You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of Tri-Line or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Tri-Line does not grant any license or authorisation to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Tri-Line or the copyright owner. However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials.

This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United Kingdom of Great Britain and Northern Ireland and other countries, and may be subject to penalties.

Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of Tri-Line and others. Nothing on this site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner.

Tri-Line aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) Tri-Line, TIM Professional, TIM Plus, TIM Enterprise, Magic Box, TIM Live, TIM Pico, yourbill, and Nettel may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission.

Tri-Line prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any Tri-Line site unless establishment of such a link is approved in advance by Tri-Line in writing. If You have any questions regarding any trademarks on the site, please contact Tri-Line.

Links

This site may provide links to other Internet sites. Tri-Line is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites.

Links to external web sites do not constitute an endorsement by Tri-Line of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Furthermore, Tri-Line reserves the right to terminate any link or linking program at any time. Tri-Line does not author, edit, or monitor these unofficial pages or links.

You further acknowledge and agree that Tri-Line shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site.

If You decide to access any of the third party sites linked to this site, You do this entirely at Your own risk.

Monitoring

You acknowledge that Tri-Line or its designees reserve the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site.

Tri-Line, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which Tri-Line deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorised purposes.

Use of this site, authorised or unauthorised, constitutes consent to such monitoring. Unauthorised uses and unauthorised users of this site will be prosecuted to the full extent of the law.

Personal information and privacy

Tri-Line acknowledges that You may provide personal information to Tri-Line on this site, such as your name and address, refer to the separate Privacy Policy Statement to learn how Tri-Line protects that information.

No warranties

This site and all information contained on this site, and accept that to the extent expressly provided in a license agreement for software or content, all goods and services obtained through this site, are provided on an "as is" basis from Tri-Line and its information providers, Tri-Line and its affiliates and content providers make no representations or warranties of any kind, express or implied, relating to this agreement, the performance under this agreement, the services available on this site, the operation of the software available on this site, the transactions performed on this site, or the information, content, materials and/or products included on this site.

To the fullest extent permissible by applicable law, each of Tri-Line and Tri-Line's affiliates and content providers disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and/or non-infringement. Without limiting the foregoing, none of Tri-Line nor Tri-Line's affiliates or content providers makes any warranty that:-

  1. the goods or services offered on this site will meet your requirements,
  2. the content or information available on this site is complete, accurate or available, or
  3. the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Tri-Line or through this site shall create any warranty not expressly made herein.

Disclaimers

Tri-Line may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice.

Tri-Line assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site.

References to other corporations, their services and products, are provided "as is" without warranty of any kind, either express or implied.

Limited liability

Tri-Line and all of Tri-Line's affiliates and content providers and their respective shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or other indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred, and notwithstanding any failure of essential purpose of any limited remedy.

This exclusion includes any liability that may arise out of third-party claims against you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the goods or services provided on this site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You further agree if you become entitled to any recovery, that your recovery shall be limited to the amount of fees or payments made to Tri-Line, if any, for the service, software or content at issue.

Indemnity

You shall indemnify, defend, and hold harmless Tri-Line and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from:-

  1. Your use of the software available at or downloaded from this site,
  2. Your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services,
  3. Your use of the content available on this site in any way contrary to this agreement
  4. Your breach of any of Your representations, warranties or obligations set forth in this agreement,
  5. the sale, purchase, transportation, delivery, use or disposal of any Tri-Line service, product, or download associated with this site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by Your use of this site or any service, product, or download associated with this site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), and
  6. any taxes attributable to the relating to any service, product, or download associated with this site.

Beneficiaries of this agreement; No other agreements

The rights and limitations in this agreement are for the benefit of Tri-Line and each of Tri-Line's content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.

Termination

You agree that Tri-Line may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, Tri-Line believing that You have violated or acted inconsistently with the letter or spirit of this agreement.

Tri-Line reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice.

You agree that Tri-Line shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.

Consumer rights

Tri-Line maintains specific contact information including an contact form and telephone number for notifications of complaints and for inquiries regarding pricing policies. All correspondence should be addressed to Tri-Line's direct at the following address:-

Tri-Line Network Telephony Limited
9-10 Telfords Yard
The Highway
LONDON
E1W 2BS
England

Contact:
Tel: +44 (0) 20 7265 2600
Fax: +44 (0) 20 7265 2601

You may only contact Tri-Line with complaints and enquiries regarding pricing and Tri-Line will investigate those matters and respond to the enquiries, as appropriate.

Unsolicited sales calls, surveys and the like are not welcome.

Returns & cancellations

Hardware products

Faulty or damaged items can be returned within 14 days for a full refund, if they are returned in their original condition, including original packaging. Before returning an item, please raise an RMA (Return Material Authorisation) ticket in the Tri-Line Gateway, where you originally ordered the item from.

Software products

All of our software products are offered on a free 14-day trial basis in order to assess their suitability. It is recommended that you use the software during this period, as refunds cannot be made once a full license has been issued. We are happy to extend the trial period before you purchase, if you need to test the software for a longer period than the standard 14 days.

Delivery policy

Hardware delivery

Any hardware items shipped to you as part of an order made through the Tri-Line Gateway are dispatched by local courier and usually arrive within 1 working day. A working day is defined as Monday to Friday, 9am to 5pm. Hardware items ordered after 3pm will be processed for dispatch on the next working day. Please check all delivery contents on receipt and notify us immediately if anything is missing or damaged in order that we can effect a replacement.

Software delivery

When you purchase a software product via the secure Tri-Line Gateway, you'll receive an email conatining confirmation of the order. Any software linked to that order is immediately made available to you inside the Gateway. We aim to keep available a copy of any software you purchase for up to 90 days from the payment date and repeat downloads during this time are free of charge. Beyond this period, you are expected to have made a backup of your own.

Controlling law

This Agreement shall be governed by English law.