Triadge - Terms and Condtions

Terms & Conditions

NATURE AND APPLICABILITY OF TERMS

The following terms and conditions constitute an Agreement (hereinafter referred to as the "Agreement") between you and Triadge International Portal - FZCO(hereinafter referred to as "Triadge International"), the operator of www.triadge.com (hereinafter referred to as "the site" and related applications, services, and mobile applications provided by Triadge International, collectively referred to as "Triadge International Platforms"). This Agreement shall govern your use of Services (defined below), both as a registered and non-registered user.
The channel partner shall be eligible for service charges, which shall be based on leads provided and remunerated from month to month on mutual terms. This may change from time to time, and Triadge International shall inform its Channel Partners about the change accordingly. The service charges payable will be inclusive of any applicable government taxes.
By using or otherwise accessing the Services, and/or by registering with Triadge International, you agree to the terms of this Agreement, including the information disclosed herein, and to be bound by the same. If you do not agree with this Agreement, you should refrain from using the Services. Your access to any of Triadge International Platforms is also at the sole discretion of Triadge International.
Triadge International reserves the right to add, substitute, modify, or terminate any service provided by Triadge International from time to time. Such information shall be included in the terms and conditions as and when modified, and the onus is on you to keep yourself updated about such modifications. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgment of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended.
It is Your sole responsibility to keep yourself updated with respect to changes in the Terms of Use and Privacy Policy. If at any time You choose not to accept these terms of use, including following any such modifications hereto, then You must stop accessing Triadge International Platforms and using the Services. You agree that Triadge International will not be liable to You or any third party for any suspension or discontinuation of any of the Services or portion thereof.

ELIGIBILITY

You must be of legal age to register on this Platform and to avail the Services. If You do not qualify under these terms, do not use Triadge International Platforms or Services. By using Triadge International Platforms and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
If You are registering an account or using the Services on behalf of an individual or entity other than Yourself, You represent that You are authorized by such individual or entity to accept this Agreement on such individual or entity's behalf.

COMPLIANCE WITH LAW

This Agreement is in compliance with all the relevant Laws, rules, and regulations at the time being in force, including but not limited to the Indian Contract Act, 1872; Information Technology Act, 2000; and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (hereinafter referred to as the PI Rules, and the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the G Rules).

DEFINITIONS

Applicable Law: refers to any domestic or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction, or judicial, arbitral, administrative, ministerial, or departmental judgment, award, decree, directive, or other requirement or guideline published or in force at any time during the Term which applies to or is otherwise intended to govern or regulate any person (including any Party), property, transaction, activity, event, or other matter, including any rule, order, judgment, directive, or other requirement or guideline issued by any Governmental or Regulatory Authority.
Channel Partners: refers to contractors who will be providing services of providing student data for taking admission with the Triadge International Partner.
Triadge International Partner: refers to any institution, companies, organizations, associations, or individuals that have entered into an agreement with Triadge International to use or promote Triadge International Services, or to enable their employees or Students to use or promote Triadge International Services.
Services: encompasses all those services provided on any of the Triadge International Platforms. The Services made available by Triadge International are subject to change at the sole discretion of Triadge International.
Our Content: includes text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available, or otherwise found through the Services or on any of the Triadge International Platforms.
User Content: shall include the contents posted by Triadge International on behalf of the User on Triadge International Platforms along with the information provided by the User available for other Users on the Site.
Posted Information: includes all such content, inquiries concerning possible medical needs, and such other content used to participate in the other interactive and community features of the Site posted by the User personally or on their profiles.

You may refer to the User as defined above.

Students: refers to students that meet the criteria in these Terms and Conditions who have indicated a desire to become a student of a Triadge International Partner in one of the countries in which Triadge International Partners are located, and each one is a Student.
Territory: means the country of residence of Channel Partner, unless otherwise agreed by Triadge International.

RELATIONSHIP

In accordance with company policy, each Party will fulfill its obligations herein as an independent contractor. It is expressly understood that nothing within this Agreement shall be construed to establish or imply a joint venture, partnership, principal-agent, or employment relationship between the Parties.

Unless explicitly authorized by Triadge International within this Agreement, the Channel Partner shall refrain from assuming or representing itself as the legal agent of Triadge International, and shall not engage in any agreements on behalf of Triadge International or seek to bind Triadge International in any capacity

TERM

Subject to early termination or expiry of this Agreement:

(a) the term of this Agreement will be 12 months from the date that Channel Partner agrees to this Agreement through the Triadge International Site (the Initial Term;
(b) the Initial Term will automatically renew for subsequent 12-month terms on the anniversary of this Agreement (each, a Renewal Term, subject to payment of necessary fees.

OBLIGATIONS OF THE USER

Subject to the restrictions outlined in these Terms and Conditions, Triadge International hereby engages the Channel Partner, on a non-exclusive basis, within the Territory, to act as a representative of Triadge International during the Term, and to perform the following services:

Promote Triadge International Partners and their programs to institutions, families, and Students at seminars, fairs, meetings, through the Channel Partner website, and other media prepared by the Channel Partner, ensuring integrity and accuracy in all communications.
Meticulously screen students for eligibility, capacity to pursue desired programs, ability to pay fees, and meet other expenditures, and accordingly suggest the most appropriate program.
Before a Student completes an application with a Triadge International Partner, ensure that the Students are provided with accurate information about:
Triadge International Partners and their facilities, equipment, and resources;
Ensure that documents collected from candidates uploaded through the portal are legitimate, legible, and in an orderly format with attestation/notarization wherever necessary. Documents must be carefully and thoroughly vetted, providing clear and good quality scans of the original documents.
The Channel Partner must ensure that all files and documents provided or submitted are original and not plagiarized versions. If at any point, one or more files are found to be plagiarized, fake, or of a similar nature, the agreement may be terminated with immediate effect, with no further obligations from Triadge International.
All personal data of prospective Students must be handled by the Channel Partner in accordance with applicable laws.
It is the duty of the Channel Partner to ensure that all prospective students understand and accept the Privacy Policy, data protection regulations, and terms of service of Triadge International before engaging with Triadge International and the Channel Partner.
Perform such other services and provide such reports or information as requested by Triadge International.

CONFIDENTIALITY CLAUSE

Triadge International cannot guarantee the confidentiality of any communications made by the Channel Partner through the Triadge International Portal or over the internet. While Triadge International strives to adhere to accepted industry practices in securing data transmission to, from, and through the Triadge International Portal, the Channel Partner understands, agrees, and acknowledges that Triadge International cannot guarantee the security of data transmitted over the Internet or public networks in connection with the Channel Partner's use of the Triadge International Portal.
The data of Channel Partner candidates stored in the Triadge International portal shall only be used for the admission process, i.e., to obtain conditional/offer letters and unconditional/confirmed letters of admission.
The Channel Partner, on their behalf and on behalf of their authorized employees, undertakes not to disclose or share the login credentials and information accessed through the Triadge International portal to any third party and to keep them strictly confidential.
Both parties agree to refrain from engaging in or divulging any information contained in this agreement or about the business and its related data to any third party or their employees without the written consent of the other party.
The Channel Partner acknowledges that should it disclose this information, whether wittingly or unwittingly, to third parties, it will be held legally liable under the law, or the relevant jurisdiction, for any damages that Triadge International suffers or may suffer as a result of such breach. The Channel Partner indemnifies Triadge International for any breach of these conditions by the Channel Partner.
The Triadge International Portal may provide links to third-party websites, including those of Triadge International Partners. Triadge International does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. The content of any linked website is not under Triadge International's control, and if the Channel Partner chooses to access any such website, they do so entirely at their own risk.

DISCLAIMER OF WARRANTIES

Triadge International makes no guarantees, representations, or warranties, whether expressed or implied, regarding professional qualifications, expertise, quality of work, price or cost information, or accuracy and reliability of other content provided through the Services. In no event shall Triadge International be liable to You or anyone else for any decision made or action taken by You in reliance on any such content. Furthermore, Triadge International does not endorse or recommend any Triadge International Partner listed or accessible through the Services. The Channel Partner shall make independent decisions while guiding the Students.
The content that You obtain or receive from Triadge International, its employees, contractors, partners, sponsors, advertisers, licensors, affiliates, or otherwise through the Services is for information, scheduling, and payment purposes only.
Your use or reliance on Our Content is solely at your own risk.
Except as specifically mentioned, Triadge International makes no warranties about the information systems, software, and functions made accessible through the Services or any other security associated with the transmission of sensitive information.
Triadge International does not warrant that the Site or the Services will operate error-free, bug-free, or free from defects, that loss of data will not occur, or that the services, software, or site are free of computer viruses, contaminants, or other harmful items.
The links to third-party sites or affiliates are not under the control of Triadge International, and we are not liable or responsible for the content, accuracy, validity, reliability, or quality of such websites or content made available through such sites. Triadge International in no way endorses any such links, and it is the User's discretion to use such links at all times.
Triadge International shall not be liable for any breach of Terms of Use by the User in any way.

DISCLAIMER AND SUGGESTIONS

Triadge International is not liable for any liabilities arising out of the User's reliance on the Services or content provided on Triadge International Platforms to the fullest extent permitted by law.
We emphasize that Triadge International has no control over the User Content, including Posted Information (including but not limited to feedback), except as provided under law. Therefore, we are not liable for the content You access, its effect on You, or how You interpret the content available on the site, nor for any actions You may take as a result of being exposed to the content on the Site and/or the Services. By using Triadge International Platforms, You release us from all liability for Your acquisition or non-acquisition of content.
Triadge International will not be responsible for any consequences faced by Channel Partner Students if they withdraw CAS without genuine and convincing reasons. Additionally, Triadge International will not be responsible for changes in Government terms and Immigration policies. We will share information based on available and genuine information, which may or may not be accurate. It is the responsibility of the Channel Partner to verify the information shared by Triadge International.

CHANNEL PARTNER EXPENSES

The Channel Partner shall bear full responsibility for all expenses incurred directly or indirectly in fulfilling its obligations, including costs related to advertising, promotional activities, travel to roadshows, and meetings with Students. Triadge International shall not be obligated to reimburse such expenses unless expressly agreed upon by the Parties in writing.
Furthermore, the Channel Partner shall be responsible for paying, at its own expense, all applicable federal, provincial, and local taxes as required by Applicable Law for any income or amounts received from Triadge International.

CONSIDERATION

The Channel Partner shall be entitled to service charges based on the leads provided as per the terms of this agreement. Triadge International reserves the right to adjust these charges periodically and will communicate any changes to its Channel Partners accordingly. The service charges payable will include any applicable government taxes.
It is important to note that the agreed service charge is payable only if the Channel Partner fulfills all the conditions outlined in the Terms & Conditions of this agreement.
The prices and other terms of sale of the Triadge International Services will be determined solely by Triadge International.

COMMUNICATION: STUDENTS AND UNIVERSITIES

Triadge International does not intend to directly interact with the students of the Channel Partner. Therefore, it is the responsibility of the Channel Partner to maintain regular contact with the students, communicating with them and obtaining required details/documents as necessary based on feedback received from Triadge International or Triadge International Partner.
Communications and coordination between Triadge International and the Channel Partner shall be limited and conducted through authorized team members of both parties. This communication will encompass all issues related to candidate applications, pending documents, finances, etc., utilizing the Triadge International dashboard and email as primary channels.
The responsibility for communicating with institutions regarding Offer Letters and updating the Channel Partner on the progress of applications lies with Triadge International. Consequently, the Channel Partner is relieved of any obligation in this regard.

NON-COMPETITION AND NON-SOLICITATION

During the Term and for a period of one year after the termination or expiry of this Agreement, in the countries where the Channel Partner has provided services, the Channel Partner agrees not to engage in the following activities:
a. Soliciting any Triadge International Partner to use products or services that directly compete with the Triadge International Services, unless the Channel Partner obtains express prior written consent from Triadge International. This consent may relate to specific Triadge International Partners or to all Triadge International Partners.
b. Soliciting any employee of Triadge International to leave the employment of Triadge International.
The Channel Partner acknowledges that a breach of this Section will cause irreparable harm to Triadge International. Therefore, Triadge International is entitled to seek a permanent and interlocutory injunction prohibiting the Channel Partner from engaging in such activity upon reasonable apprehension of such breach.

TERMINATION

Triadge International reserves the right to suspend or terminate a User's access to any of Triadge International's Platforms with or without notice and to exercise any other remedy available under law in the following cases:
The User has committed a breach of any Terms of Use under this Agreement.
Triadge International is unable to verify the authenticity of information provided by the User.
Triadge International receives complaints from third parties against the User.
Triadge International has reasonable grounds to suspect any illegal, fraudulent, or abusive activity on the part of the User.
The actions of the User are contrary to the law in force.
Upon termination, Triadge International reserves the right to determine whether to temporarily or permanently disable the User's profile. The user may be allowed to re-register or use the same account at the discretion of Triadge International.

INDEMNITY

The User agrees to indemnify and hold harmless Triadge International, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the User's access to or use of the Service, violation of this Agreement, or infringement by any other User of their account, of any intellectual property or other right of any person or entity. Triadge International will promptly notify the User of any such claim, loss, liability, or demand and, in addition to the foregoing obligations, the User agrees to provide reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
In no event, including but not limited to negligence, shall Triadge International, or any of its directors, officers, employees, agents, or content or service providers, be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials, and functions related thereto, the Services, or User-provided information via the Website, lost business, or lost Users, even if Triadge International was advised of the possibility of such damages. In no event shall the total aggregate liability of Triadge International to a User for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence or otherwise) arising from this Agreement or a User's use of the Triadge International Platform or Services exceed, in the aggregate, Rs. 1000/- (Rupees One Thousand Only).

ASSIGNMENT

Triadge International may assign this contract at any time, including without limitation to any parent, subsidiary, or affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
The User may not assign, transfer, or sublicense this Agreement to anyone else, and any attempt to do so in violation of this section shall be null and void.

WAIVER

No relaxation, forbearance, or delay by Triadge International in enforcing or exercising any of the terms of this Agreement shall prejudice, affect, or restrict the rights of Triadge International, nor shall constitute a waiver by Triadge International of any breach thereof. Such actions shall not operate as a waiver of any subsequent or continuing breach of any terms or conditions of this Agreement, unless in writing.

SEVERABILITY

If any provision, covenant, or restriction contained in this Agreement is declared by any judicial or other competent authority to be invalid, void, voidable, illegal, or otherwise unenforceable, or indications of the same are received by either party from any relevant competent authority, the rest of the terms, provisions, covenants, and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. The Parties hereto are at liberty to amend that provision, covenant, or restriction in such a reasonable manner as to achieve the intention of the Parties without illegality, or, at the discretion of the Parties, such provision may be severed from this Agreement. Such a provision shall be deemed to have been in existence from the date of execution of this Agreement, and the remaining provisions of this agreement will remain in full force and effect unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding between the Parties regarding Confidential Information and supersedes all previous agreements, understandings, and undertakings thereof, if any.

SUPPLEMENTARY AGREEMENT

The Parties acknowledge that this Agreement is to be read along with the Privacy Policy or any other contract entered into between them. In case of any conflict, the provisions of this Agreement shall prevail and supersede over all such conflicting provisions of the other/supplementary agreement.

AMENDMENTS

The Parties acknowledge that Triadge International reserves the right to amend any clause in this Agreement, and such updates/amendments will be communicated to the Channel Partner through notification. It shall be the responsibility of the Channel Partner to check the agreement from time to time upon receiving such notification from Triadge International. If any concerns arise, the same shall be immediately communicated to Triadge International.

HEADINGS

The headings contained in this Agreement are for reference and convenience purposes only and shall not solely be taken into account for the purpose of interpreting any clauses or provisions to which they relate. They do not form a part hereof and in no way limit, define, describe, modify, interpret, or construe the meaning, scope, or intent of this Agreement or any terms or conditions therein.

ARBITRATION

Any disputes or differences arising between the Parties regarding any term of this Agreement may be referred to a sole arbitrator appointed by Triadge International. The award given by the arbitrator shall be final and binding on the Parties. The place and venue of arbitration shall be Bengaluru, and the proceedings shall be conducted in the English language. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. Disputes pertaining to the validity or execution of this Agreement and jurisdiction disputes shall also be adjudicated by the Sole Arbitrator.

APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed and construed in accordance with the laws of India, and the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising from this Agreement or the use of the Website or the Services.
Any use of the Services or the Site outside of India is at the User's own risk, and the User is responsible for compliance with any local laws applicable to their use.

GRIEVANCE OFFICER

All grievances are to be addressed to Triadge International at [email protected] by an affected person in writing or through email signed with an electronic signature.
All grievances addressed to Triadge International shall be acted upon in accordance with the provisions of applicable laws.