Triaster Cloud Services Terms of Use

Version 1: 19th April 2023

Please read these terms and conditions carefully before using this site.

1. What’s in this Policy

1.1 You have been granted access to use our software applications (Services) via our dedicated websites (Sites) by our customer as a user under their subscription for our Services.

1.2 These Terms of Use set out the standards that apply when you access, use or upload content to our Site(s) make contact with other users on our Sites, link to our Sites, or interact with our Sites or Services in any other way.

2. Who We Are and How to Contact Us

2.1 Our sites are operated by Triaster Ltd ("We"). We are a limited company registered in England and Wales under company number 02911867 and have our registered office at Wyvols Court, Basingstoke Road, Swallowfield, Reading RG7 1WY. Our main trading address is 85 Great Portland Street, First Floor, London W1W 7LT. Our VAT number is GB 603 9034 66.

2.2 We provide software, private cloud software hosting and ancillary services to our customers.

2.3 To contact us, please visit https://www.triaster.co.uk/contact.

3. By Using Our Site and Services, You Accept These Terms

3.1 By using our Site and Services you confirm that you accept these terms of use and that you agree to comply with them.

3.2 If you do not agree to these terms of use, you must not use our Site or Services.

3.3 We recommend that you print a copy of these terms for future reference.

4. There Are Other Terms That May Apply to You

4.1 If you have entered into any contract with us for Services, the terms contained therein will also apply to your use of our Sites and Services.

4.2 Our Privacy Policy contains information about the cookies on our Site, and how we process your personal data on behalf of the organisation who has subscribed for Services in relation to which you have been granted access as a user.

5. We May Make Changes to these Terms of Use

5.1 We amend these terms from time to time. Please check these terms to ensure you understand the terms that apply at that time.

6. We May Suspend or Withdraw Our Site and Services

6.1 Our Site and Services are made available to you free of charge, in the case of Services, under a subscription to our Services taken out by our customer.

6.2 We do not guarantee that our Site, Services, or any content therein, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6.3 Our Site and Services are directed to people residing in the United Kingdom. We do not represent that content available on or through our site and Services is appropriate for use or available in other locations.

7. Prohibited Uses

7.1 You may use our sites and Services only for lawful purposes. You may not use our sites or Services:

1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. for the purpose of harming or attempting to harm minors in any way;
4. to bully, insult, intimidate or humiliate any person;
5. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“SPAM”); or
7. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

1. not to reproduce, duplicate, copy or re-sell any part of our sites, products or services in contravention of the provisions of our terms of website use and any contract entered into between you and us for products or services and;
2. not to access without authority, interfere with, damage or disrupt:
   1. any part of our sites, products or services;
   2. any equipment or network on which our sites, products, or data is stored; any software used in the provision of our sites, products or services; or
   3. any equipment or network or software owned or used by any third party.

8. Interactive Services

8.1 We may from time to time provide interactive services on our sites, including, without limitation forums, live chat or other bulletin boards (“interactive services”).

8.2 The interactive services we will provide are not moderated by us (including whether it is human or technical) and we are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites, or as part of our products or services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards in clause 9, whether the service is moderated or not.

8.3 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

8.4 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

9. Content Standards

9.1 These content standards apply to any and all material which you contribute to our sites, products or services (“Contribution”), and to any interactive services associated with it.

9.2 These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

9.3 Triaster Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards.

9.4 You warrant that any such Contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

9.5 Subject to any other contract between you and us, any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

9.6 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

9.7 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in this clause 9.

9.8 A Contribution must:

1. be accurate (where it states facts);
2. be genuinely held (where it states opinions); and
3. comply with the law applicable in England and Wales and in any country from which it is posted.

1. be defamatory of any person;
2. be obscene, offensive, hateful or inflammatory;
3. promote sexually explicit material;
4. promote violence;
5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6. infringe any copyright, database right or trade mark of any other person;
7. be likely to deceive any person;
8. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
9. promote any illegal activity;
10. be in contempt of court;
11. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
12. be likely to harass, upset, embarrass, alarm or annoy any other person;
13. impersonate any person, or misrepresent your identity or affiliation with any person;
14. give the impression that the Contribution emanates from Triaster Ltd , if this is not the case;
15. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
16. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
17. contain any advertising or promote any services or web links to other sites.

10. Do Not Rely on Information on This Site

10.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

10.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

11. We are Not Responsible for Websites We Link to

11.1 Where our Site or the Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

11.2 We have no control over the contents of those sites or resources.

12. Rules about Linking to Our Site

12.1 You may link to any page on our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

12.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.3 You must not establish a link to our Site in any website that is not owned by you.

12.4 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

12.5 We reserve the right to withdraw linking permission without notice.

12.6 The website in which you are linking must comply in all respects with the content standards set out in this policy.

12.7 If you wish to link to or make any use of content on our Site other than that set out above, please contact us on https://www.triaster.co.uk/contact.

13. User-generated Content is Not Approved by Us

13.1 This website or the Services may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

13.2 If you wish to complain about information and materials uploaded by other users please contact us on https://www.triaster.co.uk/contact.

14. We are Not Responsible for Viruses and You Must Not Introduce Them

14.1 We do not guarantee that our Site or the Services will be secure or free from bugs or viruses.

14.2 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

14.3 You must not misuse our Site or the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or the Services, the server on which our Site or the Services is stored, or any server, computer or database connected to our Site or the Services. You must not attack our Site or the Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site or the Services will cease immediately.

15. You Must Keep Your Account Details Safe

15.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

15.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

15.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customer.services@triaster.co.uk.

16. How You May Use Material on Our Site

16.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

16.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

16.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

16.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

16.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

16.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

17. Breach of These Terms of Use

17.1 When we consider that a breach of these terms of use has occurred, we may take such action as we deem appropriate.

17.2 Failure to comply with these terms of use constitutes a material breach of the terms of use and/or the terms of any contract you have entered into with us for products or services that make reference to these terms of use, and may result in our taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of your right to use our sites;
2. immediate, temporary or permanent removal of any Contribution uploaded by you to our sites;
3. issue of a warning to you;
4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. further legal action against you; or
6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

17.3 We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

18. Our Responsibility for Loss or Damage Suffered by You

Whether you are a consumer or a business user:

18.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

18.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of our Service to you, which will be set out in our Terms of Cloud Services

If you are a business user:

18.3 We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

18.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. use of, or inability to use, our Site; or
2. use of or reliance on any content displayed on our Site.

18.5 In particular, we will not be liable for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.

If you are a consumer user:

18.6 You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19. Which Country’s Laws Apply to Any Disputes?

19.1 If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

19.2 If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.