Terms and conditions
Last Updated August 6th, 2019
These Terms of Use (“Terms”) regulate your use of the Trin Calservices Inc. website, located at www.trincalservices.com, including any future mobile applications, and services (“Site”) provided by Trin Calservices Inc.(“Trin Calservices”). Please read these Terms (Terms of Use) provided below before using of continuing to use the Site. You are not required to agree to the Terms unless you fully understand and accept each provision. By using or continuing to use the Trin Calservices Site, you verify and sanction that you understand, acknowledge, and accept all terms and conditions.
1. General terms
Trin Calservices provides this Site to users seeking calibration services and thermocouple supplies. The "Terms of Use" are written by Trin Calservices and you accept them by (a) using the Site in any other manner; and/or (b) acknowledging the Terms. At any moment, if you do not agree to these Terms, do not continue to use the Site. Any express waiver or failure to execute promptly any right under these Terms will not be deemed a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is held void by any law or regulation of any government, or by any court or arbitrator, the parties agree that such rule will be substituted with a new provision that fulfils the original business purpose, and the other provisions of these Terms will persist in full force and effect.
2. Privacy Policy
Please refer to the Trin Calservices Privacy Policy.
3. Services
The Site provides a marketplace for those in search of calibration services and thermocouple supplies. Trin Calservices controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all areas. Trin Calservices services may not be available in your area, and available services may vary among locations.
4. Pricing
Trin Calservices guarantees the lowest price for our customers. We take 20% off your regular calibration prices. The lowest price guaranteed refers to products and services available through the Trin Calservices Website. We do not lower the product price for advertising errors, rebates, financing offers, free or bonus offers. Trin Calservices reserves the right to adjust prices when necessary and substitute or discontinue a service or item which may become unavailable.
5. Payment
Trin Calservices has a NET TERM of 30 days for ALL services unless specified by the customer through documentation such as purchase order or email.
6. Shipping and Receiving
Trin Calservices offers two ways delivery methods, Trin Calservices tranports or a delivery service chosen by the customer. Trin Calservices will remove equipment from customer facility and transport the equipment to Trin Calservices Laboratory. Once the service has been completed the technician will transport the equipment back to the facility. If the customer chooses to use their own delivery service, Trin Calservices is not responsible for damage instruments or equipment during transit. All associated delivery costs is to be paid by the customer.
7. Your obligations and conduct
As regards your use of the Site, you agree: (a) that you are of legal age and have the capacity to consent to these Terms on your own behalf. You are not allowed to use the Site or the services if you are under the age of 16. You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum.
8. Third party
Trin Calservices may utilize third-party external providers to perform calibration services or to provide products. These external providers are thoroughly revised and vetted before being approved by Trin Calservices. If customer services or product requires an external provider, Trin Calservices will notify the customer and request approval before creating the order with the external provider.
9.Terms of transacting business
You understand and agree to abide by Trin Calservices payment policies. You agree that you are willing to pay all costs associated with the services through Trin Calservices. These costs include but are not limited to: (a) technician’s hourly rate (b) travel and transportation fees; and (c) a service fee as listed.
10. Advertisements and promotions
On the Site, Trin Calservices may run advertisements and promotions from third parties. Your correspondence or business dealings with, or involvement in promotions of, advertisers other than Trin Calservices found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Trin Calservices is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such an-Trin Calservices advertisers on the Site.
11. Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that Trin Calservices is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Trin Calservices will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Intellectual property rights
Trin Calservices grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as expressly authorized by Trin Calservices, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Trin Calservices reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Trin Calservices. You may like or follow Trin Calservices or share links to the Site using social networking technology referenced on the Site. Any rights not expressly granted herein are retained.
Except as expressly authorized by Trin Calservices or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Trin Calservices discloses to you, and you must not remove or alter any copyright or trademark notice, or other notice of ownership.
“Trin CalservicesTrademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Trin Calservices uses in connection with its products and services. You may not remove or alter any Trin Calservices Trademarks, or co-brand your own products or material with Trin CalservicesTrademarks, without Tifiny’s prior written consent. You acknowledge Trin Calservices rights in Trin Calservices Trademarks and agree that any use of Trin Calservices Trademarks by you shall inure to Trin Calservices sole benefit. You decide not to incorporate any Trin Calservices Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with a computer or Internet-related products, services or technologies.
Except explicitly mentioned herein, nothing in these Terms shall be interpreted as bestowing any license to intellectual property rights, either by estoppels, implication, or otherwise. Permission is given to display, duplicate, distribute and download Content under the ownership of Trin Calservices on this Site as long as: (a) the copyright notice concerning to the Content remains, and a permission notice (e.g., “used with permission”) is included to such Content; (b) the use of such Content is entirely for personal and non-commercial use; (c) such Content will not be reproduced or published on any networked computer or posted in any form, besides as clearly permitted by confirmed permission or license incorporating such materials; and (d) no alterations are done to such Content. This permission ceases automatically without any form of notice if you violate any of the terms or conditions herein. Upon termination, you are to immediately destroy any downloaded and/or printed Content.
13. Copyright Infringement
Trin Calservices respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Trin Calservices and the Site, you may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. Trin Calservices reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or terminate the accounts of Users who we think to be infringers.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we will respond to notices of the alleged violation that comply with Copyright Act R.S.C., 1985, c. C-42, a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Ontario copyright law.
14. Disclaimer of warranties
Use of the site is at your sole risk unless otherwise explicitly stated. The site, including the information, services, and content, is provided on an “as is,” “as available,” and “with all faults” basis. Trin Calservices disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Trin Calservices makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the site.
Trin Calservices makes no warranty that: (a) the site will be uninterrupted, timely, secure, safe or error-free; (b) the results that may be realized from the use of the website will be correct or dependable; (c) the quality of any products, services, information, content or other material purchased or acquired from tutors will meet your expectations, demands or requirements, or (d) any errors in the site will be fixed.
You take on all risk for any damage or loss to your computer system or loss of data resulting from obtaining any content from the site, including any damages resulting from computer viruses.
15. Limitation of liability
The site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services.
You understand and agree that Trin Calservices has no control over the acts or omissions of any user on or off the site and that Trin Calservices makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Trin Calservices is not responsible for the performance or conduct, whether on or off the site, of any user. As such, Trin Calservices expressly disclaims, and each User expressly releases Trin Calservices from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the site, including without limitation any acts and/or omissions of users on or off the site.
16. Indemnification
You agree to defend and hold harmless and blameless Trin Calservices and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney's fees and court costs, incurred by Trin Calservices in any way as regards your (a) actions and/or omissions on or off the site; (b) breach of any rights of another, including with no limitation to any alleged infringement of intellectual property or other rights of any individual or entity linked to the Site; (c) violation of the terms and conditions herein; (d) disputes or conflicts with or between other Users; (e) use and/or misuse of the Site, including with no limitation to any information, content and/or materials thereon; (f) breach of any applicable law or regulation; (g) untimely, incomplete, incorrect or deceptive User information, including with no limitation as regards registration, profile or eligibility; (h) misrepresentations and/or misstatements; (i) use of links to third party sites, including with no limitation to such sites' availability, terms of service, privacy policy, content, information, materials, advertising, products and/or services; (j) User information and any actions or omissions relating to such User information; (k) use of third party payment processing services; (l) use of phone support services; (m) use of any information in third-party reports; and/or (n) use of any services or/and products or any contracts or agreements made or provided according to content, information, and/or materials obtained on or via the site. You further accept that you will cooperate as required by Trin Calservices in defense of such claims. Trin Calservices retains the right, at its own expense, to assume the exclusive protection and control of any matter otherwise subject to indemnification by Users, and you shall not, under any circumstance, settle any claim or case on behalf of Trin Calservices without the written consent of Trin Calservices.
17. Injunction
You agree that any material violation of the Terms will lead to irreparable harm to Trin Calservices for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Trin Calservices will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a violation happens. You waive any demand for the posting of a bond or other security if Trin Calservices seeks such an order.
18. Notices; modification and termination of services; amendment of terms
Trin Calservices may provide advice to Users via email, regular mail, or posting notices or links to notices on the Site. Trin Calservices reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Trin Calservices may also delete, or bar access to or use of, all related information and files. Trin Calservices will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of relevant information. Trin Calservices may amend these Terms at any time by posting the amended terms on this Site.
19. Governing law
This Agreement is governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of the Site or the Content by you, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.
20. Entire agreement
These Terms constitute the whole agreement between you and Trin Calservices relating to their subject matter and cancel and supersede any prior versions of the Terms. You may not allocate or otherwise transfer these Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Trin Calservices or third-party products or services.