Terms of Use
Introduction
Welcome to TrinitySafe. The following are the Terms of Use
(these "Terms") that govern use of the TrinitySafe web site
(collectively, the "Site"). When we say the "Site" we are also referring
to all sections and processes associated with the Site. By using or
visiting the Site, you expressly agree to be bound by these Terms and to
follow these Terms and all applicable laws and regulations governing the
Site. Trinity Insurance and any of its subsidiaries
(collectively "Trinity" or "we") reserve the right to change these Terms
at any time, effective immediately upon posting on the Site. Please check
this page of the Site periodically. If you violate these
Terms, Trinity Insurance may terminate your use of the Site,
and/or take appropriate legal action against you.
Permitted Use
You agree that you are only authorized to visit, view and to retain a
copy of pages of this Site for your own personal use, and that you shall
not duplicate, download, publish, modify or otherwise distribute the
material on this Site for any purpose other than to review your own
information, for personal use, unless otherwise specifically authorized
by Trinity Insurance to do so. The software content on this
Site is the property of Trinity Insurance and/or its suppliers
and is protected by Australian and international copyright laws. We post
a legal notice and various credits on pages of the Site, which may not be
removed. Please do not remove this notice or these credits, or any
additional information contained along with the notices and
credits.
Truthfulness and Accuracy of the Information You Provide;
Complying with Laws; Verifications and Authorizations
You may be asked to provide information during processes you engage in
on the Site. You represent and warrant that all information you provide
will be true, complete and correct, and that you will update all
information as it changes. You also acknowledge that complying with laws
is your responsibility, and you agree not to hold Trinity
Insurance liable for your failure to comply with any law or our
failure to notify you of, or properly apply any law. Trinity
Insurance will comply with law enforcement and may provide them with
all information you submit to Trinity Insurance to assist in
any investigation or prosecution they may conduct. . If Trinity
Insurance is unable to verify or authenticate any information you
provide during any registration, authentication, delivery, or any other
process you may be prohibited from using the Site.
User Contributions to the Site
From time to time, the Site may provide you with opportunities to
contribute to the Site, which may include, but not be limited to,
uploading your user profile, participating in chats and using bulletin
boards. Anything that is contributed to the Site by you or other Site
users will be referred to in these Terms as "User Content". Trinity
Insurance is not liable or responsible for any User Content. The
contributions of third parties do not necessarily represent the view or
opinions of Trinity Insurance. Trinity Insurance cannot
preview User Content before it appears. Users can be held liable for any
illegal or prohibited User Content they provide to the Site, including
among other things, infringing, defamatory or offensive materials. If you
discover this kind of material on the Site, please contact us if the material is on TrinitySafe
site. Trinity Insurance will investigate your claim and may
then take the actions deemed appropriate.
Links and Search Results
The Site may automatically produce search results that reference or link
to third party sites throughout the World Wide Web. Trinity
Insurance has no control over these sites or the content within
them. Trinity Insurance cannot guarantee, represent or warrant
that the content contained in the site is accurate, legal and/or
inoffensive. Trinity Insurance does not endorse the content of any third
party site, nor do we warrant that they will not contain viruses or
otherwise impact your computer. By using the Site to search for or link
to another site, you agree and understand that you may not make any claim
against Trinity Insurance for any damages or losses, whatsoever,
resulting from your use of the Site to obtain search results or to link
to another site. If you have a problem with a link from the Site, please
contact us if the link is on TrinitySafe
site, and Trinity Insurance will investigate your claim and take any
actions deemed appropriate in our sole discretion.
Prohibited Content
The following is a partial list of the kind of User Content which is
illegal or prohibited on the Site. It includes User Content that:
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Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
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Harasses or advocates harassment of another person;
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Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
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Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
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Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
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Displays pornographic or sexually explicit material of any kind;
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Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
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Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
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Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
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Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Offline Conduct
Although Trinity Insurance cannot monitor the conduct of users off the
Site, it is also a violation of these rules to use any information
obtained from this Site in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit or sell to any Site
user without their prior explicit consent.
Commercial Use
You must obtain Trinity Insurance's prior written consent to make
commercial offers of any kind, whether by advertising, solicitations,
links, or any other form of communication within this site or to users
and members of this site.
Access and Interference
You agree that you will not use any robot, spider or other automatic
device, process or means to access the Site. Nor shall you use any manual
process to monitor or copy our web pages or the content contained thereon
or for any other unauthorized purpose without our prior expressed written
permission. You agree that you will not use any device, software or
routine that interferes with the proper working of the Site nor shall you
attempt to interfere with the proper working of the Site. You agree that
you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You agree that you
will not copy, reproduce, alter, modify, create derivative works, or
publicly display any content (except for your own personal,
non-commercial use) from the Site without the prior expressed written
permission of Trinity Insurance.
Unauthorized Use of the Site
Any Illegal or unauthorized use of the Site shall constitute a violation
of these Terms of Use. You do not have permission to access the Site in
any way that violates, or in the course of violating, these Terms of Use.
It shall also be a violation of these Terms of Use: (a) for any
individual (or group of individuals acting in concert) to request, more
than 1000 pages of the Site in any twenty-four hour period (hereafter
referred to as "Abusive Use"); or (b) to use any passcode or password,
regardless of whether or not such password or passcode is unique, to
participate in a pre-sale or other offer on the Site if you are not the
original recipient of such passcode.
Suspected Violation of these Terms of Use or Law; Injunctive,
Equitable Relief, and Liquidated Damages
Violations of these Terms of Use, including Unauthorized Use of the
Site, may be investigated and appropriate legal action may be taken,
including without limitation civil, criminal and injunctive redress. You
understand and agree that in Trinity Insurance's sole discretion, and
without prior notice, Trinity Insurance may terminate your access to the
Site, remove any unauthorized User Content or exercise any other remedy
available, if Trinity Insurance believes that your conduct or the conduct
of any person with whom Trinity Insurance believes you act in concert, or
the User Content you provide through TrinitySafe, violates or is
inconsistent with these Terms or the law, or violates the rights of
Trinity Insurance, a client of Trinity Insurance or another user of the
Site. You agree that monetary damages may not provide a sufficient remedy
to Trinity Insurance for violations of these Terms and you consent to
injunctive or other equitable relief for such violations.
You agree that Abusive Use of the Site, as defined above, causes damage
and harm to Trinity Insurance in the form of, among other things,
impaired goodwill, lost sales, and increased expenses associated with
responding to Abusive Use of the Site. You further agree that monetary
damages for Abusive Use of the Site are difficult to ascertain and that
proof of monetary damages for Abusive Use would be costly and
inconvenient to calculate. Accordingly you agree that liquidated damages
are warranted for Abusive Use. Therefore, you agree that if you, or
others acting in concert with you, alone or collectively request more
than 1000 pages of the Site in any twenty-four hour period, you, and
those acting in concert with you, will be jointly and severally liable
for liquidated damages in the amount of ten dollars ($10.00) per page
request each time that a page request is made after that first 1000
during that twenty-four hour period. You also agree that this will be the
measure of damages for any Abusive Use that occurred prior to this
provision of these Terms of Use being in effect.
Trinity Insurance is not required to provide any refund to you if it
exercises any of its rights or remedies because you have violated these
Terms or any of Trinity Insurance's rights. Additionally, Trinity
Insurance reserves the right, in our sole discretion, to modify, suspend
or discontinue any part of this Site at any time, with or without notice
to you. Trinity Insurance also reserves the right, in our sole
discretion, to impose limits on certain features and services and to
restrict access to any part or to all of the Site without notice to you.
Trinity Insurance shall not be liable to you or any third party for any
claim or cause of action arising out of our exercise of the foregoing
rights.
Copyright Policy
Trinity Insurance will terminate the privileges of any user who uses
this Site to unlawfully transmit copyrighted material without a license
express consent, valid defence or fair use exemption to do so. In
particular, users who submit User Content to this Site, whether articles,
images, stories, software or other copyrightable material must ensure
that the User Content they upload does not infringe the copyrights or
other rights of third parties (including, but not limited, to trademark,
trade secret, privacy or publicity rights). After proper notification by
the copyright holder or it agent to Trinity Insurance, and confirmation
through court order or admission by the user that they have used this
Site as an instrument of unlawful infringement, Trinity Insurance will
terminate the infringing users' rights to use and/or access to this Site.
Trinity Insurance may, also in our sole discretion, decide to terminate a
user's rights to use or access to the Site prior to that time if we
believe that an alleged infringement has occurred.
Indemnity
You agree to indemnify and hold Trinity Insurance and its affiliates,
and each of Trinity Insurance's and its affiliates' respective officers,
agents, employees, contractors and principals, harmless from any loss,
liability, claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Site, including
also your use of the Site to provide a link to another site or to upload
content or other information to the Site.
Trademarks
TrinitySafe and design are registered trademarks of Trinity Insurance.
All rights reserved