This website https://www.trisysexpress.com/ is owned and operated by Trisys Express, a brand of “TRISYS EXPRESS PRIVATE LIMITED” (hereinafter referred to as the "Company" or "we" or "us" or "our"), with its registered office at Timothy's Tower, Opp Domestic Cargo Terminal, Trivandrum-695008.
These Terms and Conditions are applicable to users of the Company’s website https://www.trisysexpress.com/ (hereinafter referred to as “Website”). The user of the Website (hereinafter referred to as the "User" or "You" or “Your") includes merchants, clients, and service recipients (natural or legal person) registered with the Website, and unregistered guest users.
These Terms and Conditions are in electronic form as per the Information Technology Act, 2000. By using the services provided on the Website, you acknowledge that you have read and accepted these terms. If you transact on the Website, you will be subject to the applicable policies for such transactions.
The Company provides various services to Merchants and Users (“Services”) through the Website. Use of the Website for these Services is additionally governed by separate agreements between the Merchant and the Company, as applicable. When using the Services, you will also be subject to specific rules, guidelines, and privacy policies, all of which are incorporated into these Terms and Conditions.
The Company reserves the right to change or modify these Terms and Conditions from time to time without prior notice. It is your responsibility to review these Terms periodically. Continued use of the Website following any changes will constitute your acceptance of such changes.
All rights, including copyright, in the Website are owned by the Company or licensed to the Company. Any unauthorized use, including copying or storing the Website's content in whole or part, is prohibited.
Accessing, browsing, or using the Website, you agree to the terms and conditions outlined in this agreement. Please read this agreement carefully before proceeding.
Registration Eligibility
Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. As a minor if You wish to use or transact on the Website, such use or transaction may be facilitated by your legal guardian or parents. The Company reserves the right to terminate and refuse to provide You with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws. Fraud: Without limiting any other remedies, We may suspend or terminate Your membership account if We suspect that You (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website.
Your Account and Registration Responsibilities
If You are a Merchant/Franchise/Customer to the Company registered with the Website, You shall be responsible for maintaining the confidentiality of your User ID and Password and You shall be responsible for all activities that occur under your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms and Conditions, then the Company has the right to indefinitely suspend or terminate or block access of your registration with the Website and refuse to provide You with access to the Website. You shall also be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or consequential unauthorized use of the material or content on the Website.
Communications
When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. The Company may communicate with You by email or by such other mode of communication, electronic, digital, or otherwise.
Fees and Charges
Signing up on the Website is free. The Company does not charge any fee for accessing the Website. However, the Company’s Services through the Website are chargeable, and the Company reserves the right to charge fees and change its policies from time to time. Any change in any policy of the Company may be provided at any time by posting the changes to the Website or via an announcement via an email to the registered email ID of the Merchant account. Particularly, the Company may at its sole discretion introduce new Services and modify some or all of the existing Services or discontinue any Services offered on the Website with or without notice. The Company may in its sole discretion make the use of the website or any services thereon chargeable. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company. The Company shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
User Content
In order to provide efficient Services, the Merchant is required to provide certain information and data (including sensitive personal data or information) relating to the customer of the Merchant. The Merchant shall ensure that they have adequate consent and authority from its customer to share such data and information with the Company.
You shall not host, display, upload, modify, publish, transmit, update, or share any information on the Website that:
The Company is under no obligation to review any messages, information, or content ("Records") provided by you on the Website, and the Company assumes no responsibility or liability relating to any such Records on the Website. However, the Company may from time to time monitor the Records on the Website and may decline to accept and/or remove any Records that contain any information inconsistent with these Terms and Conditions.
The Company will only use Records in accordance with these Terms and Conditions and the Website’s Privacy Policy, as amended from time to time.
You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request, or in response to any court order or summons. In addition, the Company can (and you hereby expressly authorize the Company to) disclose any information about you to law enforcement or other government officials, as the Company, in its sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Notwithstanding the right of the Company to monitor the Records posted on the Website, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE RECORDS YOU POST ON THE WEBSITE. In no event shall the Company assume or have any responsibility or liability for any Records posted or for any claims, damages or losses resulting from the use of Records. You hereby represent and warrant that you have all necessary rights in and to all Records you provide and all information it contains, and that such Records shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Use of Website
You agree, confirm, and undertake that your use of the Website shall be strictly governed by the following binding principles:
Trademark, Copyright and Restriction on the Use of Website Content
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Use of the Content on any other website or networked computer environment or use of the Content for any purpose in violation of the copyrights, trademarks, and other proprietary rights, is prohibited.
You shall not purchase search engine services or other pay-per-click keywords (such as Google AdWords), or domain names that use the Company's trademarks and/or variations and misspellings thereof.
Other Dealings
The Website may contain links to other websites; these external websites are not under control of the Company. The Company cannot be held responsible for such websites and cannot make any warranties about them. The Company provides these links in the event they might interest You, but the Company does not monitor or endorse these websites.
The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through groups of people, intentionally or unintentionally, in DoS/DDoS (Distributed Denial of Services).
Hyperlinks/Backlinks
The Company welcomes links to this Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of such third-party site by the Company. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website/digital media any of the Content or other materials available on the Website without prior written consent of the Company.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to You through this Website are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, the Company does not warrant that:
The Company does not warrant that this site; information, Content, materials, products (including software) or Services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
Terms of Use of Services
The Company provides various services to the Merchants and Users (“Services”). The performance of services by the Company depends on the accuracy of information and records of the Users.
From time to time, You shall be responsible for providing information relating to the products and/or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. Further, the use of the Website for the Services provided by the Company to the Merchant is additionally governed by the service agreement and/or merchant agreement separately executed between the Merchant and the Company.
The Company does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. The Company does not warrant that the quality of any products, information, or other material purchased or services availed by you through the Service will meet your expectations, or that the Service will be completely error-free.
You hereby expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Service.
In no event shall the Company or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, our Services, or these Terms and Conditions (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, fast express partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
The Company may immediately terminate membership/account of any User who verbally or in written form abuses (including threats of abuse or retribution) any customer, employee, member, or officer of the Company.
You hereby declare that You have provided all necessary legal details for the performance of the Services.
Payments
There are different payment term options available, and depending on the payment term agreed by the Merchant with the Company, the Merchant has to pay the invoices as raised by the Company within the stipulated credit period as agreed in the service agreement or merchant agreement as may be entered into between the Company and the Merchant, from time to time.
While availing any of the payment method/s offered at the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
(a) Lack of authorization for any transaction/s; or
(b) Exceeding the pre-set limit mutually agreed by You and between your bank/s; or
(c) Any payment issues arising out of the transaction, or
(d) Decline of transaction for any other reason/s.
All payments made against the Services on the Website by You, shall be compulsorily in Indian Rupees acceptable by the Union of India. The Company does not accept any other form of currency with respect to the purchases made on the Website.
Cancellation of order
The Company reserves the right to cancel any Service order without any explanation for doing so, under situation where the Company is not able to meet the requirement of the Service order placed or order so placed/cancelled does not comply with the policy of the Company or Service order has invalid address/incorrect information or for any other reason. However, the Company will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned persons.
Merchant Account Usage Conditions
You shall clarify any doubts or concerns with respect to the usage of the merchant account before placing actual service orders for your customers. In case orders are placed in the wrong slab/weight category or mode of transport, the Company will not be liable to reimburse any additional amount deducted.
You are required to enter the correct dimensions and weights for each order placed on the Website to reduce any discrepancies later. Any pickup delays or discrepancies caused due to incorrect entry of weights or dimensions shall not be the Company’s responsibility. Zones are pre-defined as per the source pin code for each membership account, and charges will be applicable based on this definition. You are requested to check the zoning matrix before placing any order. The Company shall not be liable for any discrepancy arising from this.
Banned and Restricted Products and Services
The Merchant shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item whose dealing is prohibited or restricted under any applicable law, rule, regulation, or guideline in force. Without prejudice to the above, the Company does not permit services of the following items:
Furthermore, you agree to display and adhere to terms of use or other user-type agreements, along with a privacy policy governing your operation of your store and your conduct with your store’s customers.
Breach
Without limiting other remedies, the Company may limit your activity, remove your information, warn other users of your actions, suspend or terminate your account, or refuse access to the Website if:
The Company reserves the right to reinstate suspended users at its sole discretion. Suspended or blocked users may not register or attempt to use the Website until reinstated by the Company. The Company also reserves the right to recover any amounts due and to initiate legal proceedings, including referrals to authorities for criminal or civil actions.
Indemnity
You shall indemnify and hold harmless the Company, its affiliates, service providers, officers, directors, agents, and employees from any claim, demand, or action arising from your breach of these Terms and Conditions, violation of laws, or infringement of third-party rights.
Applicable Law
This Agreement is governed by Indian law. The exclusive jurisdiction for any disputes is Jaitaran, Rajasthan.
Limitation of Liability
The Company is not liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Website. The Company does not guarantee complete security of online transmissions and shall not be held liable for unauthorized access or data breaches.
Force Majeure
The Company is not responsible for delays or non-performance caused by events beyond its control, including natural disasters, war, civil unrest, or governmental restrictions.
Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
Assignment
The Company may transfer its rights and obligations without notifying you. You may not transfer your rights or obligations without the Company’s consent.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.