Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these website Terms and Conditions of Use and Privacy Notice, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
tringpartner.com is a property of Waybeo Technology Solutions Pvt Ltd, hereinafter referred as “Tringpartner” or "Provider" an Indian Company registered under the Companies Act, 2013 having its registered office at Module 15, Fourth Floor, Gayatri Building, Technopark, Trivandrum 695581 India.
By accessing or using the Service(s) or Websites, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites, Customer agree to be bound by these Terms. If the Customer is entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), Customer agrees to these Terms for that Entity and representing to Provider that Customer has the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “Customer” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If Customer does not have such authority, or if Customer does not agree with these Terms, Customer must not accept these Terms and may not access or use the Service(s) or Websites.
Customer, as an individual, must be 18 years or older to access or use the Websites and the Service(s).
Customer and Provider are individually referred to as “Party” and collectively as “Parties”.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on tringpartner.com web site for personal,non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
– modify or copy the materials;
– use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
– attempt to decompile or reverse engineer any software contained on tringpartner.com web site;
– remove any copyright or other proprietary notations from the materials; or
– transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tringpartner at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on tringpartner.com web site are provided “as is”. Tringpartner makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tringpartner does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on tringpartner.com Internet site, even if Tringpartner or a Tringpartner authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions And Errata
The materials appearing on tringpartner.com web site could include technical, typographical, or photographic errors. Tringpartner does not warrant that any of the materials on its web site are accurate, complete, or current. Tringpartner may make changes to the materials contained on its web site at any time without notice. Tringpartner does not, however, make any commitment to update the materials.
Tringpartner has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tringpartner of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to tringpartner.com web site shall be governed by the laws of India without regard to its conflict of law provisions.
ADDITIONAL TERMS AND CONDITIONS FOR TRINGPARTNER SERVICES
1. Tringpartner SERVICES
The Services will include provisioning of call-through telephone numbers (the “Tringpartner Numbers”) for Customer as well as the reporting and delivery of associated performance and user data in various media (collectively, the “Data”). The additional terms and conditions referenced below (collectively, “Supplemental Terms”) will apply to the extent Customer elects to purchase and/or use the corresponding Tringpartner Services.
1.2 Use of Services
Tringpartner Services will enable Customer to use Tringpartner Numbers for its own performance-tracking or other analytics purposes, for display or publication on websites or publications (print, electronic, or otherwise) or other media (collectively, “Ad Media”) as determined by Customer from time to time in accordance with the terms set forth herein. Customer shall be responsible for obtaining and maintaining any computer and phone equipment (and the like) and ancillary products (collectively, the “Equipment”) needed to access and use the Services. Customer shall also be responsible for maintaining appropriate security safeguards with respect to property for which it maintains ownership, control, use under license and/or access, including its Equipment, its Customer account, passwords and files, any Data acquired hereunder and any Confidential Information. Customer shall be solely responsible for its use of the Customer Data. Customer will not (and will not cause any third party to), directly or indirectly: reverse engineer, decompile or disassemble any Services or any software, documentation or data provided by Tringpartner in connection therewith (collectively, “Tringpartner Materials”); modify or create derivative works based on any Services or any Tringpartner Materials or any aspect or portion thereof; or copy (except for archival purposes), lease, distribute or otherwise transfer rights to any Services or any Tringpartner Materials; or remove any proprietary notices or labels. Customer agrees not to interfere with the proper working of any Tringpartner website. With the exception of any implementations expressly made available or approved in writing by Tringpartner, Customer may not use any automated means to access the Tringpartner websites, including agents, scripts, robots, or spiders. Customer will be deemed responsible for each of its agents, representatives, subcontractors, licensees, and any other Customer affiliates that have access to or otherwise use the Services or any Tringpartner Materials (collectively, “Customer Affiliates”), and their respective compliance with the terms of this Agreement.
2. Access to Service(s)
2.1. Users: Access and use of the Service(s) is restricted to the specified number of individuals/Users registered for use via the online registration through the Website(s).
2.2 Downtime: Customer may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which Provider will use commercially reasonable efforts to notify Customer in advance through the Service(s)), or (b) during any unavailability caused by circumstances beyond Provider’s reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Provider’s reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including, without limitation, distributed denial of service attacks (“Force Majeure Event”). Customer acknowledges that in the event of Force Majeure Event, Provider shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event hinders the performance of said obligations (or part thereof). Provider will make reasonable efforts to mitigate the effects of the Force Majeure Event.
3. Changes to the Service(s)
Provider may update the Service(s) from time to time and Customer may receive notifications of such upgrades, enhancements, or updates (“Updates”). Any new or modified features added to, augmenting, or otherwise modifying the Service(s) or other Updates, modifications or enhancements to the Service(s) are also subject to the Terms and Provider reserves the right to deploy Updates at any time. Customer agrees that its purchase of the Service(s) is neither contingent upon the delivery of any future functionality or features, nor dependent upon any oral or written public comments made by Provider with respect to future functionality or features.
4. Ownership of IPR
4.1 Ownership of IPR: All rights, title, and interest in and to (i) Documentation; (ii) Software and Provider’s API; and (iii) all of Provider’s patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the Website(s), and any part of the Service(s) (collectively, “Intellectual Property Rights”) or any derivatives thereto shall belong to and remain exclusively with Provider. Provider is the owner or the licensee of all Intellectual Property Rights in the Website(s), and the content or material published on the Website(s).
4.2 License to Marks: Each Party owns all rights, title, and interest in its product and service names, logos, and registered or unregistered trademarks (collectively, “Marks”). Customer hereby grants Provider a limited license to use, reproduce, publish, and distribute Customer’s Marks to identify Customer as a user of the Service(s). By way of example, use includes, without limitation, response to RFPs/bids, testimonials, websites, marketing materials, and press releases/earnings announcements.
5. Billing, Plan Modifications and Payment
5.1 Charges: All charges associated with Customer’s Account (“Subscription Charges”) are set forth on the Website(s) and due in full and payable in advance upon Customer’s receipt of Provider’s invoice in accordance with Section 5.2. Payment obligations are non-cancelable, and except as expressly permitted in the Terms, fees paid are non-refundable.
5.2 Payment methods: Customer shall pay the Subscription Charges through an accepted payment method as specified on the Website(s).
5.3 Renewal: Customer’s subscription to the Service(s) will not renew automatically and the customer has to manually recharge subscription before plan expiry date. Prior notifications about expiry and recharge will be sent to the customer's email address provided in the Tringpartner account.
5.4 No Refunds: The prepaid recharge once processed, can neither be refunded for cash nor be transferred to any other account.
5.5 Late Payments/Non-payment of Subscription Charges: If the Subscription Charges are more than three (3) days overdue, then, following a notification of suspension, Provider may suspend Customer’s access to the Service(s), including, without limitation, Customer’s Account, until such unpaid Subscription Charges are paid in full. Customer further acknowledges that Provider is not required to serve notices for late payments of Subscription Charges.
6. Fair Usage Policy
Tringpartner’s fair usage policy (“FUP”) is designed to prevent fraud and abuse of our products. Tringpartner products are meant for small businesses only.
The following is a non-exhaustive list of practices that would not be considered Legitimate Use:
- Using subscriptions for telemarketing or call centre operations
- Re-selling of Tringpartner plans
- Sharing subscriptions between users whether via a PBX, call centre, computer or any other means
- Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications: and
Other practices may be relevant in determining Legitimate Use and Tringpartner reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Tringpartner may at its option, terminate or suspend its relationship with you, and your use of Tringpartner product immediately if it determines you are using the product contrary to this FUP.
7. Term, Termination, and Suspension
7.1 Term: These Terms shall be deemed effective for Customers the date of sign up and shall continue through the Subscription Term. Service Plans commence on the date of first payment and continue for the Subscription Term specified therein. The provider reserves the right to modify subscription fees anytime.
7.2 Suspension: Provider may suspend Customer’s access to the Service(s), including, without limitation, Customer’s Account, on the following grounds: (i) late payment/non-payment of Subscription Charges; (ii) non-renewal of the Service(s) by Customer; or (iii) breach of the Terms. Provider shall notify Customer of any such suspension. Customer must remedy such violations prior to Provider restoring full access to and use of the Service(s). Such suspension will in no way affect Customer’s other obligations under the Terms.
7.3 Termination: Provider reserves the right to terminate these Terms and any Service(s) hereunder in addition to suspension, if; (i) a breach by Customer remains uncured for more than ten (10) days from the breach; or (ii) if Provider believes that Customer’s breach of the Terms cannot be cured. Upon such termination, Customer must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. Either Party may terminate these Terms by written notice to the other Party in the event that (i) such other Party materially breaches the Terms and does not cure such breach within thirty (30) days of such notice, or (ii) immediately in the event the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
8. Data Export
8.1 Data Export: Provider strongly recommends that Customer export all Service Data before Customer terminates Customer’s Account. Customer agrees following the termination of Customer’s Account either by Customer or Provider, Service Data will be retained or deleted in accordance with Supplemental Terms, as applicable to Customer. Where the Service Data is retained and can be exported, Customer may contact Provider within such Data Retention Period to export Customer’s Service Data. Service Data cannot be recovered once it is deleted.
9. RESERVATION OF RIGHTS; GOVERNMENT MATTERS
9.1 Reservation of Rights
This Agreement is not intended to, and shall not affect, ownership by either party of, or rights of either party in, any of its intellectual property rights, content, products and services, and nothing set forth in this Agreement shall be construed as the assignment or transfer of any ownership rights in any of the foregoing from one party to the other. Other than the express licenses set forth herein, nothing in this Agreement, and nothing in any statement made in connection with this Agreement, will be deemed a license (by implication, estoppel or otherwise) under either party’s patent rights or other intellectual property rights. Both parties reserve all rights not expressly granted. Any Data collected or created hereunder, during the Service Term and through Customer’s account, that is specific to and in a form identifiable with Customer is, but only to the extent thereof, the intellectual property of Customer (collectively, the “Customer Data”), subject to Tringpartner’s non-exclusive right to use such Data in connection with the delivery of its Services and operation of its business, which may include analyzing and reporting Customer Data on an aggregated basis, and without identifying Customer as the source thereof and without disclosing Personal Information. For the avoidance of doubt, Tringpartner uses all Data collected in connection with its business and operations, which may include certain aggregated Customer Data in an unidentifiable form, in connection with the conduct of its business and operations which includes (a) creation of operational statistics for internal use only; (b) creation and inclusion in financial reporting of aggregate statistics regarding services performed; (c) creation and inclusion in marketing materials of aggregate statistics highlighting the capabilities of the Services; and (d) advancing and improving existing products and services, creating new and enhanced product and services, and development and publication of market and industry intelligence and expertise, all of which in such form shall be and remain the intellectual property of Tringpartner.
9.2 Tringpartner Numbers
Customer shall not have the right to use the Tringpartner Numbers other than as explicitly set out herein without the prior written consent of Tringpartner. As between the parties, all Tringpartner Numbers remain the property of Waybeo Technology Solutions Private Limited, pursuant to agreements with its various telephone carriers and vendors, and are made available to Customer solely for use in accordance with the terms and conditions of this Agreement and subject to applicable law and regulation. Upon expiration or termination of this Agreement, all rights of Customer to the use of the Tringpartner Numbers as well as the Services shall cease absolutely. Thereafter, Customer shall take all reasonable steps to remove, amend or cancel all publications, advertisements, promotions and other items bearing any Tringpartner Number and shall not thereafter distribute or sell any Ad Media or other item whatsoever bearing any Tringpartner Number. The parties acknowledge and agree that Customer’s use of any Tringpartner Numbers may be further limited by, among other factors, changes to telephone carrier terms, changes in carrier relationships, guidelines recommended by TRAI, or changes to applicable law and regulation from time to time. Additionally, Tringpartner reserves the right to set limits on the volume of Tringpartner Numbers made available hereunder and makes no guarantee that local Tringpartner Numbers will be available for specific area codes.
9.3 Government Matters
Tringpartner is not a telephone or telecom company. Tringpartner purchases telecommunications services and uses such services to provide enhanced service products to Customer. If at any time Tringpartner’s right to allocate Tringpartner Numbers or otherwise provide the Services to Customer is impaired or regulated by any governmental or quasi-governmental entity, including, Telecom regulatory authority of India or any other government bodies or any state public utility commissions (if applicable under the Order), Tringpartner shall have the right to terminate, suspend or amend this Agreement automatically upon written notice and to cause Customer to remove or withdraw any advertising material containing any Tringpartner Number. Tringpartner shall have no liability or obligation to Customer of any kind arising out of such a termination, suspension or change in Services, as the case may be.
10. MUTUAL CONFIDENTIALITY AND CUSTOMER DATA
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business (hereinafter referred to as “Confidential Information” of the Disclosing Party). “Confidential Information” includes any non-public information of a Disclosing Party such as business plans, products, technical data, specifications, documentation, rules and procedures, contracts, presentations, know-how, product plans, business methods, product functionality, services, data, customers, markets, competitive analysis, databases, formats, methodologies, applications, developments, inventions, processes, payment, delivery and inspection procedures, designs, drawings, algorithms, formulas, or information related to engineering, marketing, or finance. The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information, and (ii) not to use (except as expressly permitted herein) or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without fault of the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Confidential Information of the Disclosing Party or (e) is otherwise required to be disclosed by court order, law, regulation, securities exchange requirement, receipt of a criminal or civil subpoena, or written request from governmental authorities requesting information in connection with a criminal proceeding, or (f) any and all exigent circumstances involving individual or public health, rescue or safety. Notwithstanding the foregoing, Tringpartner shall have the non-exclusive right to use such Confidential Information in connection with the delivery of the Services and operation of its business as further detailed in Section 2(1) above. For the purposes of this agreement “Personal Information” shall mean personally identifiable or other personal records or information. Without limiting any other provision of this Agreement, each party shall retain all right, title and interest in and to its Confidential Information, including all intellectual property rights inherent therein or appurtenant thereto. For the avoidance of doubt, the parties acknowledge and agree that Confidential Information includes Personal Information, including call-related, caller related and call-receiver related Personal Information that may be included in the Data processed under this Agreement and that each of the parties shall treat such Confidential Information in accordance with the terms of this Section, in addition to, without limiting, the requirements that each of the parties has with respect to the Data generally under this Agreement and applicable law.
All archived Customer Data shall be governed by the then-effective Tringpartner storage and deletion protocols for data, including, without limitation, maximum storage volumes, automatic and mandatory deletion protocols, maximum storage periods, among others. Notwithstanding the foregoing, unless otherwise limited or restricted by applicable law or regulation, Tringpartner may, but shall not be obligated to, maintain archived Customer Data following termination of the Agreement. Furthermore, in the event that Tringpartner in its reasonable professional discretion determines that such Customer Data may not be deleted due to any outstanding compliance or regulatory matters, Tringpartner reserves the right to maintain such storage until the matter has been resolved to its satisfaction. Each party shall comply with the applicable Agreement terms and applicable laws and regulations, as each may apply to the party and their respective obligations thereunder. Tringpartner may disclose any Customer Data to law enforcement or other governmental authorities upon receipt of request therefrom, without incurring any liability for such action. Customer acknowledges that Tringpartner may change its practices and limitations concerning storage of Customer Data, at any time and that notification of any such changes will be posted on Tringpartner’s website or within Customer’s administration panel, or sent by email. Customer further agrees that this feature is provided as a convenience to Customer only and Tringpartner has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services. Customer shall download and maintain a backup of any information or data that Customer requires to be subject to its own storage protocols, subject to the terms hereof.
11.1 Authority and Obligations of Customer
Customer represents and warrants during the Service Term that: (i) any and all information Customer provides under this Agreement is true, accurate and complete; (ii) it is not engaged in any fraudulent, misleading or deceptive practices; (iii) it has full power and authority to enter into this Agreement; (iv) it has and will have, during the Service Term, all consents, approvals, licenses and permissions, necessary for Customer to perform all of its obligations hereunder and for Tringpartner to exercise all of its rights hereunder; (v) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms; (vi) it shall use the Services (and any Data acquired in connection therewith) in full compliance with all applicable laws and regulations and rules of any governmental or regulatory body, and including those relating to advertising, privacy, marketing and telephone solicitation (for the avoidance of doubt, this shall include TRAI’s “Do-Not-Call” rules); (vii) it shall obtain and maintain throughout the Term, the full right and authority (including by way of any consents or appropriate advance notifications as may be required under applicable law) for (a) any monitoring of calls that may be enabled as part of the Services; (b) the transfer of Personal Information to Tringpartner as contemplated hereunder; and (c) any other collection, use, transfer, disclosure or other processing by Tringpartner of such information for the purposes contemplated under this Agreement; and (viii) it has established proper procedures to protect the privacy of its customers’ Personal Information, and otherwise comply with all applicable laws with respect to the Data acquired by Customer hereunder.
11.2 Authority and Obligations of Tringpartner
Tringpartner represents and warrants during the Service Term that: (i) it is not engaged in any fraudulent, misleading or deceptive practices; (ii) it has full power and authority to enter into this Agreement; (iii) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms; (iv) it shall provide the Services in full compliance with all applicable laws and regulations and rules of any governmental or regulatory body, and including those relating to advertising, privacy, marketing and telephone solicitation (for the avoidance of doubt, this shall include TRAI’s “Do-Not-Call” rules); and (v) it has established proper procedures to protect the privacy of its customers’ Personal Information, and otherwise comply with all applicable laws with respect to the Data stored or processed on behalf of Customer hereunder.
11.3 Use of Information
To the extent required by applicable law and regulation for certain regulated financial and other entities in their use of consumer data, Customer represents and warrants that all consumer information received from Tringpartner will be used for marketing purposes only.
TRINGPARTNER DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, REGARDING THE LEVEL OR NUMBER OF IMPRESSIONS OF OR CALLS ON ANY ADVERTISEMENT OR PROMOTION, THE TIMING OR PLACEMENT OF DELIVERY OF SUCH IMPRESSIONS AND/OR CALLS, OR THE AMOUNT OF ANY REVENUE TO BE EARNED BY CUSTOMER UNDER THIS AGREEMENT. Tringpartner, ITS SUPPLIERS AND VENDORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY, QUALITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF ANY DATA THAT MAY BE PROVIDED TO OR OTHERWISE OBTAINED BY CUSTOMER IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER INCLUDING THIRD PARTY DATA AND CONSUMER DATA. EXCEPT AS EXPRESSLY PROVIDED HEREIN THE SERVICES (INCLUDING THE INTEGRATED Tringpartner NUMBERS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND Tringpartner, ITS SUPPLIERS, AND VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE AS WELL AS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHERMORE, Tringpartner, ITS SUPPLIERS, AND VENDORS DISCLAIM ALL WARRANTIES AND MAKE NO REPRESENTATIONS WITH RESPECT TO CUSTOMER’S PARTICULAR INTENDED USE OF ANY RECORDED CALL MESSAGE FUNCTIONALITY OR ANY OTHER CALL ANALYTICS SERVICES, WHICH SHALL BE SUBJECT TO PRIOR LEGAL AND REGULATORY REVIEW BY CUSTOMER IN CONNECTION WITH ITS INTENDED PURPOSES AND POTENTIAL USE BY CUSTOMER, AS SUCH MAY APPLY TO ITS JURISDICTION AND/OR INDUSTRY. TRINGPARTNER MAY IN ITS SOLE DISCRETION REMOVE ANY DATA FROM ITS SERVERS AT ANY TIME FOR ANY REASON.
13. LIMITATION OF LIABILITY
EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS HEREUNDER, NEITHER TRINGPARTNER, ITS SUPPLIERS, AND VENDORS, ON THE ONE HAND, NOR CUSTOMER, ON THE OTHER HAND, SHALL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY: (A) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; (C) FOR ANY MATTER BEYOND SUCH PARTY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO TRINGPARTNER FOR THE ADVERTISING SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. NOTWITHSTANDING THE FOREGOING, ANY FAILURE OF CUSTOMER OR, IF APPLICABLE, ITS CLIENTS TO COMPLY WITH APPLICABLE LAW OR REGULATION SHALL NOT BE COVERED BY THE FOREGOING LIMITATION OF LIABILITY.
Each party (the “Indemnifying Party”), at its own expense, shall indemnify, defend and hold harmless the other party (the “Indemnified Party”) and the Indemnified Party’s affiliates, employees, representatives and agents from and against any claim, demand, action, investigation or other proceeding, including all damages, losses, liabilities, judgments, costs and expenses arising therefrom, brought by any third party against the Indemnified Party (collectively, a “Claim”) to the extent that the Claim is based on, or arises out of an allegation that the Indemnifying Party’s performance hereunder violates any applicable law, rule or regulation (except that Customer shall be solely responsible for its use of any Services, including, if elected, Recorded Call Services, and for its use or disclosure of any information obtained through any Services) or infringes the rights of any third party, including intellectual property rights.
Customer at its own expense, shall indemnify, defend and hold harmless Tringpartner, its affiliates, suppliers, as well as their respective employees, representatives and agents from and against any Claim that arises from or in connection with: (i) Customer’s use of the Services including its use or disclosure of any information obtained through the Services; (ii) the Customer Data, the Ad Media, or Customer’s website including contents therein; (iii) Customer’s telemarketing or other marketing activities; and (iv) Customer’s breach of any term, condition, agreement, representation or warranty hereunder including in violation of the applicable Supplemental Terms. Although Tringpartner has no obligation to monitor the content provided by Customer or through Customer’s use of the Services, Tringpartner may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the Agreement.
UPDATES TO THIS POLICY