.

Terms and Conditions of www.troweb.com

These Terms govern

the use of www.troweb.com, and,
any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Www.troweb.com is provided by:

Troweb Soft

Techno Hub, Silicon Oasis

Dubai, UAE

Owner contact email: support@troweb.com

"Www.troweb.com" refers to

this website, including its subdomains and any other website through which the Owner makes its Service available;
applications for mobile, tablet and other smart device systems;
the Application Program Interfaces (API);

What the User should know at a glance

Please note that some provisions in these Terms may only apply to
certain categories of Users. In particular, certain provisions may only
apply to Consumers or to those Users that do not qualify as Consumers.
Such limitations are always explicitly mentioned within each affected
clause. In the absence of any such mention, clauses apply to all Users.
Usage of www.troweb.com and the Service is age restricted: to access and use www.troweb.com and its Service the User must be an adult under applicable law.
The right of withdrawal only applies to European Consumers.
Www.troweb.com uses automatic renewal for Product subscriptions.
Information about the a) renewal period, b) termination details and c)
termination notice can be found in the relevant section of these Terms.
Important: Consumers based in Germany have different rules applying to them as described in the relevant section of these Terms.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using www.troweb.com.

Single or additional conditions of use or access may apply in
specific scenarios and in such cases are additionally indicated within
this document.

By using www.troweb.com, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be recognized as adult by applicable law;
Users aren’t located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government
as a “terrorist-supporting” country;
Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account,
providing all required data or information in a complete and truthful
manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials
confidential and safe. For this reason, Users are also required to
choose passwords that meet the highest standards of strength permitted
by www.troweb.com.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via
the contact details indicated in this document, if they think their
personal information, including but not limited to User accounts, access
credentials or personal data, have been violated, unduly disclosed or
stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or
delete at any time and without notice, User accounts that it deems
inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to
the User does not exempt the User from paying any applicable fees or
prices.

Content on www.troweb.com

Unless where otherwise specified or clearly recognizable, all content
available on www.troweb.com is owned or provided by the Owner or its
licensors.

The Owner undertakes its utmost effort to ensure that the content
provided on www.troweb.com infringes no applicable legal provisions or
third-party rights. However, it may not always be possible to achieve
such a result.

In such cases, without prejudice to any legal prerogatives of Users to
enforce their rights, Users are kindly asked to preferably report
related complaints using the contact details provided in this document.

Rights regarding content on www.troweb.com - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download,
share (beyond the limits set forth below), modify, translate, transform,
publish, transmit, sell, sublicense, edit, transfer/assign to third
parties or create derivative works from the content available on
www.troweb.com, nor allow any third party to do so through the User or
their device, even without the User's knowledge.

Where explicitly stated on www.troweb.com, the User may download,
copy and/or share some content available through www.troweb.com for its
sole personal and non-commercial use and provided that the copyright
attributions and all the other attributions requested by the Owner are
correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to www.troweb.com.

By providing content to www.troweb.com, Users confirm that they are
legally allowed to do so and that they are not infringing any statutory
provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on
www.troweb.com they grant the Owner a non-exclusive, fully paid-up and
royalty-free license to process such content solely for the operation
and maintenance of www.troweb.com as contractually required.

To the extent permitted by applicable law, Users waive any moral
rights in connection with content they provide to www.troweb.com.

Users acknowledge, accept and confirm that all content they provide
through www.troweb.com is provided subject to the same general
conditions set forth for content on www.troweb.com.

Liability for provided content

Users are solely liable for any content they upload, post, share, or
provide through www.troweb.com. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete or block such
content at its own discretion and, without prior notice, to deny the
uploading User access to www.troweb.com:

upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
if a notice of infringement of intellectual property rights is received;
if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being
accessible via www.troweb.com, may represent a risk for Users, third
parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users
that have provided such content or that are liable for it, to any claims
for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim
asserted and/or damage suffered due to content they provided to or
provided through www.troweb.com.

Access to provided content

Content that Users provide to www.troweb.com is made available according to the criteria outlined within this section.

Publicly available content

Content meant for public availability shall be automatically made
public on www.troweb.com upon upload or, at the sole discretion of the
Owner, at a later stage.

Any personal data, identifier or any other information that Users
upload in connection with such content (such as a User-ID, avatar or
nickname etc.) shall also appear in connection with the published
content.

Private content

Private content provided by Users shall stay private and will not be
shared with any third parties or accessed by the Owner without the
User’s explicit consent.

Users may (and are encouraged to) check on www.troweb.com to find details of who can access the content they provide.

Access to external resources

Through www.troweb.com Users may have access to external resources
provided by third parties. Users acknowledge and accept that the Owner
has no control over such resources and is therefore not responsible for
their content and availability.

Conditions applicable to any resources provided by third parties,
including those applicable to any possible grant of rights in content,
result from each such third parties’ terms and conditions or, in the
absence of those, applicable statutory law.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on
www.troweb.com infringes upon their copyrights, they may submit a
notification pursuant to the Digital Millennium Copyright Act ("DMCA")
by providing the Owner’s Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on
behalf of the holder of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works
at that site;
Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably sufficient
to permit the Owner to locate the material;
Information reasonably sufficient to permit the Owner to contact the
notifying party, such as an address, telephone number, and, if
available, an electronic mail;
A statement that the notifying party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate,
and under penalty of perjury, that the notifying party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be addressed to the Owner’s
Copyright Agent at the contact details specified in this document.

Acceptable use

Www.troweb.com and the Service may only be used within the scope of
what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of
www.troweb.com and/or the Service violates no applicable law,
regulations or third-party rights.

Therefore, the Owner reserves the right to take any
appropriate measure to protect its legitimate interests including by
denying Users access to www.troweb.com or the Service, terminating
contracts, reporting any misconduct performed through www.troweb.com or
the Service to the competent authorities – such as judicial or
administrative authorities - whenever Users engage or are suspected to
engage in any of the following activities:

violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.

Software license

Any intellectual or industrial property rights, and any other
exclusive rights on software or technical applications embedded in or
related to www.troweb.com are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent
provision of these Terms, the Owner merely grants Users a revocable,
non-exclusive, non-sublicensable and non-transferable license to use the
software and/or any other technical means embedded in the Service
within the scope and for the purposes of www.troweb.com and the Service
offered.

This license does not grant Users any rights to access, usage or
disclosure of the original source code. All techniques, algorithms, and
procedures contained in the software and any documentation thereto
related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to www.troweb.com via the
Application Program Interface (API). Any use of the API, including use
of the API through a third-party product/service that accesses
www.troweb.com, is bound by these Terms and, in addition, by the
following specific terms:

the User expressly understands and agrees that the Owner bears no
responsibility and shall not be held liable for any damages or losses
resulting from the User’s use of the API or their use of any third-party
products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Provision of personal data

To access or receive some of the Products provided via www.troweb.com
as part of the Service, Users may be required to provide their personal
data as indicated on www.troweb.com.

Paid Products

Some of the Products provided on www.troweb.com, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such
Products are described below and in the dedicated sections of
www.troweb.com.

To purchase Products, the User must register or log into www.troweb.com.

Product description

Prices, descriptions or availability of Products are outlined in the
respective sections of www.troweb.com and are subject to change without
notice.

While Products on www.troweb.com are presented with the greatest
accuracy technically possible, representation on www.troweb.com through
any means (including, as the case may be, graphic material, images,
colors, sounds) is for reference only and implies no warranty as to the
characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

The submission of an order determines contract conclusion and
therefore creates for the User the obligation to pay the price, taxes
and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires an action from the User, such
as the provision of personal information or data, specifications or
special wishes, the order submission creates an obligation for the User
to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall
be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order
submission, about any fees, taxes and costs (including, if any, delivery
costs) that they will be charged.

Prices on www.troweb.com are displayed:

excluding any applicable fees, taxes and costs.

Offers and discounts

The Owner may offer discounts or provide special offers for the
purchase of Products. Any such offer or discount shall always be subject
to the eligibility criteria and the terms and conditions set out in the
corresponding section of www.troweb.com.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a
limited time only or while stocks last. If an offer or discount is
limited by time, the time indications refer to the time zone of the
Owner, as indicated in the Owner’s location details in this document,
unless otherwise specified.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional
conditions or fees. In such cases related information can be found in
the dedicated section of www.troweb.com.

All payments are independently processed through third-party
services. Therefore, www.troweb.com does not collect any payment
information – such as credit card details – but only receives a
notification once the payment has been successfully completed. The User
may read the privacy policy of www.troweb.com to learn more about the
data processing and Users’ rights regarding their data.

If a payment through the available methods fails or is refused by the
payment service provider, the Owner shall be under no obligation to
fulfill the purchase order. If a payment fails or is refused, the Owner
reserves the right to claim any related expenses or damages from the
User.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the
timeframe specified on www.troweb.com or as communicated before the
order submission.

Contract duration

Trial period

Users have the option to test www.troweb.com or selected Products
during a limited and non-renewable trial period, at no cost. Some
features or functions of www.troweb.com may not be available to Users
during the trial period.

Further conditions applicable to the trial period, including its duration, will be specified on www.troweb.com.

The trial period shall end automatically and shall not convert into
any paid Product unless the User actively purchases such paid Product.

Subscriptions

Subscriptions allow Users to receive a Product continuously or
regularly over time. Details regarding the type of subscription and
termination are outlined below.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is
received by the Owner and last for the subscription period chosen by the
User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase.

The renewed subscription will last for a period equal to the original term.

The User shall receive a reminder of the upcoming renewal with
reasonable advance, outlining the procedure to be followed in order to
cancel the automatic renewal.

Termination

Subscriptions may be terminated by sending a clear and
unambiguous termination notice to the Owner using the contact details
provided in this document, or — if applicable — by using the
corresponding controls inside www.troweb.com.

If the notice of termination is received by the Owner before
the subscription renews, the termination shall take effect as soon as
the current period is completed.

Exception for Consumers based in Germany

However, regardless of the above, if the User is based in Germany and qualifies as a Consumer, the following applies:

At the end of the initial term, subscriptions are
automatically extended for an unlimited period, unless the User
terminates before the end of such term.

The fee due upon extension will be charged on the payment method that the User chose during purchase.

After extension, the subscription will last for an indefinite period and may be terminated monthly.

The User shall receive a reminder of the upcoming unlimited extension
with reasonable advance, outlining the procedure to be followed in
order to prevent the extension or terminate the subscription thereafter.

Termination

Extended subscriptions may be terminated at any time by
sending a clear and unambiguous termination notice to the Owner using
the contact details provided in this document, or — if applicable — by
using the corresponding controls inside www.troweb.com.

If the notice of termination is received by the Owner by the
end of the current month, the subscription shall expire at the end of
such month.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from
the contract within the period specified below (generally 14 days), for
any reason and without justification. Users can learn more about the
withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are
European Consumers are granted a statutory withdrawal right under EU
rules, to withdraw from contracts entered into online (distance
contracts) within the specified period applicable to their case, for any
reason and without justification.

Users that do not fit this qualification, cannot benefit from the
rights described in this section. The Consumer shall only be liable to
the Seller for any diminution in the value of the goods resulting from
handling the goods in a manner other than that necessary to acquaint him
with the nature, characteristics and functionality of the goods.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner
an unequivocal statement of their intention to withdraw from the
contract.

To this end, Users may use the model withdrawal form available from
within the “definitions” section of this document. Users are, however,
free to express their intention to withdraw from the contract by making
an unequivocal statement in any other suitable way. In order to meet the
deadline within which they can exercise such right, Users must send the
withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

Regarding the purchase of a service, the withdrawal
period expires 14 days after the day that the contract is entered into,
unless the User has waived the withdrawal right.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by
the Owner for all payments made to the Owner, including, if any, those
covering the costs of delivery.

However, any additional costs resulting from the choice of a
particular delivery method other than the least expensive type of
standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any
event, no later than 14 days from the day on which the Owner is informed
of the User’s decision to withdraw from the contract. Unless otherwise
agreed with the User, reimbursements will be made using the same means
of payment as used to process the initial transaction. In any event, the
User shall not incur any costs or fees as a result of such
reimbursement.

…on the purchase of services

Where a User exercises the right of withdrawal after having requested
that the service be performed before the withdrawal period expires, the
User shall pay to the Owner an amount which is in proportion to the
part of service provided.

Such payment shall be calculated based on the fee contractually
agreed upon, and be proportional to the part of service provided until
the time the User withdraws, compared with the full coverage of the
contract.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United
Kingdom have a legal right of cancellation under UK law and may be
eligible to withdraw from contracts made online (distance contracts)
within the period specified below (generally 14 days), for any reason
and without justification.

Users that do not qualify as Consumers, cannot benefit from the
rights described in this section. Users can learn more about the
cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an
unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from
within the “definitions” section of this document. Users are, however,
free to express their intention to withdraw from the contract by making
an unequivocal statement in any other suitable way. In order to meet the
deadline within which they can exercise such right, Users must send the
withdrawal notice before the cancellation period expires. When does the
cancellation period expire?

Regarding the purchase of goods, the cancellation
period expires 14 days after the day on which the User or a third party –
other than the carrier and designated by the User – takes physical
possession of the goods.
Regarding the purchase of several goods ordered together
but delivered separately or in case of purchase of a single good
consisting of multiple lots or pieces delivered separately, the
cancellation period expires 14 days after the day on which the User or a
third party – other than the carrier and designated by the User –
acquires physical possession of the last good, lot or piece.
Regarding the purchase of a service, the cancellation
period expires 14 days after the day that the contract is entered into,
unless the User has waived the right to cancel.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by
the Owner for all payments made to the Owner, including, if any, those
covering the costs of delivery.

However, any additional costs resulting from the choice of a
particular delivery method other than the least expensive type of
standard delivery offered by the Owner, will not be reimbursed.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send
back the goods or hand them over to the Owner, or to a person authorized
by the latter to receive the goods, without undue delay and in any
event within 14 days from the day on which they communicated their
decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or
otherwise returned as indicated above, before the expiration of the
14-days-period for returning the goods. The reimbursement may be
withheld until reception of the goods, or until Users have supplied
evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods
resulting from the handling of the goods outside of that which is
necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

…on the purchase of services

Where a User exercises the right to cancel after having requested
that the service be performed before the cancellation period expires,
the User shall pay to the Owner an amount which is in proportion to the
part of service provided.

Brazilian User rights

Right of regret

Unless an applicable exception is stated below, Users who are
Consumers in Brazil have a legal right of regret under Brazilian law.
This means that the Consumer has the right to withdraw from contracts
made online (distance contracts or any contract signed away from
business premises) within seven (7) days of the date the contract was
entered into or the receipt of the product or service, for any reason
and without justification. Users that do not qualify as Consumers,
cannot benefit from the rights described in this section. The right of
regret may be exercised by the Consumer via contact channels listed at
the beginning of this document and in accordance with the guidelines in
this section.

Exercising the right of regret

To exercise their right of regret, Users must send to the Owner an
unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from
within the “definitions” section of this document. Users are, however,
free to express their intention to withdraw from the contract by making
an unequivocal statement in any other suitable way. In order to meet the
deadline within which they can exercise such right, Users must send the
regret notice before the regret period expires. When does the regret
period expire?

Regarding the purchase of goods, the regret
period expires seven (7) days after the day on which the User or a third
party designated by the User – other than the carrier – receives the
goods.

Regarding the purchase of several goods ordered together
but delivered separately, or in case of the purchase of a single good
consisting of multiple lots or pieces delivered separately, the regret
period expires seven (7) days after the day on which the User or a third
party designated by the User – other than the carrier receives the last
good, lot or piece.

Regarding the purchase of a service, the regret period
expires seven (7) days after the day that the contract is entered into
and only if the service has not yet been provided.

Effects of regret

Users who correctly withdraw from a contract will be reimbursed by
the Owner for all payments made to the Owner, including, if any, those
covering the costs of delivery.

However, any additional costs resulting from the choice of a
particular delivery method other than the least expensive type of
standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any
event, no later than 14 days from the day on which the Owner is informed
of the User’s decision to withdraw from the contract or the actual
return of the product, whichever occurs later. Unless otherwise agreed
with the User, reimbursements will be made using the same means of
payment as used to process the initial transaction. In any event, the
User shall not incur any costs or fees as a result of such
reimbursement.

…on the purchase of physical goods

The deadline is met if the goods are handed to the carrier, or
otherwise returned as indicated above, before the expiration of the
14-day period for returning the goods. The reimbursement may be withheld
until receipt of the goods, or until Users have supplied evidence of
having returned the goods, whichever is the earliest.

The costs of returning the goods are borne by the Owner.

…on the purchase of services

Where a User exercises the right of regret after having requested
that the service be performed before the regret period expires, the User
shall pay to the Owner an amount which is in proportion to the part of
the service provided.

Such payment shall be calculated based on the fee contractually
agreed upon, and be proportional to the part of service provided until
the time the User withdraws.

Guarantees

Legal guarantee of conformity for services for Consumers in Brazil

The legal guarantee applicable to services sold by www.troweb.com
complies with the following terms, according to the Consumer Protection
Code:

non-durable services shall have a thirty-day (30 day) guarantee; and
durable services shall have a ninety-day (90 day) guarantee.

The warranty period starts from the end of the performance of services.

The warranty is not applicable in cases of service misuse, natural
events or if it has been subjected to any maintenance other than that
provided by www.troweb.com.

The warranty may be claimed through the contact channels provided by
www.troweb.com. If applicable, the Owner shall bear the costs of
shipping any goods for technical assessment.
The Owner, at its own discretion, may also offer a contractual warranty
in addition to the legal warranty.

The regulations applicable to contractual warranties can be found in the specifications provided by www.troweb.com.

If no such information is provided, only the statutory provisions shall apply.

Liability and indemnification

Unless
otherwise explicitly stated or agreed with Users, the Owner’s liability
for damages in connection with the execution of the Agreement shall be
excluded, limited and/or reduced to the maximum extent permitted by
applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners and
employees harmless from and against any claim or demand ⁠— including but
not limited to lawyer's fees and costs ⁠— made by any third party due
to or in relation with any culpable violation of these Terms,
third-party rights or statutory provisions connected to the use of the
Service by the User or its affiliates, officers, directors, agents,
co-branders, partners and employees to the extent allowed by applicable
law.

The above also applies to any claims exercised by third parties
(including but not limited to the Owner’s clients or customers) against
the Owner related to Digital Products provided by the User such as, for
instance, conformity claims.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to
applicable law, Users shall have no right to claim damages against the
Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity,
damages resulting from the breach of material contractual obligations
such as any obligation strictly necessary to achieve the purpose of the
contract, and/or damages resulting from intent or gross negligence, as
long as www.troweb.com has been appropriately and correctly used by the
User.

Unless damages have been caused by way of intent or gross negligence,
or they affect life, health or physical integrity, the Owner shall only
be liable to the extent of typical and foreseeable damages at the
moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee,
condition, warranty, right or remedy which the User may have under the
Competition and Consumer Act 2010 (Cth) or any similar State and
Territory legislation and which cannot be excluded, restricted or
modified (non-excludable right). To the fullest extent permitted by law,
our liability to the User, including liability for a breach of a
non-excludable right and liability which is not otherwise excluded under
these Terms of Use, is limited, at the Owner’s sole discretion, to the
re-performance of the services or the payment of the cost of having the
services supplied again.

US Users

Disclaimer of Warranties

Www.troweb.com is provided strictly on an “as is” and “as
available” basis. Use of the Service is at Users’ own risk. To the
maximum extent permitted by applicable law, the Owner expressly
disclaims all conditions, representations, and warranties — whether
express, implied, statutory or otherwise, including, but not limited to,
any implied warranty of merchantability, fitness for a particular
purpose, or non-infringement of third-party rights. No advice or
information, whether oral or written, obtained by the User from the
Owner or through the Service will create any warranty not expressly
stated herein.

Without limiting the foregoing, the Owner, its subsidiaries,
affiliates, licensors, officers, directors, agents, co-branders,
partners, suppliers and employees do not warrant that the content is
accurate, reliable or correct; that the Service will meet Users’
requirements; that the Service will be available at any particular time
or location, uninterrupted or secure; that any defects or errors will be
corrected; or that the Service is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through the use
of the Service is downloaded at Users' own risk and Users shall be
solely responsible for any damage to Users’ computer system or mobile
device or loss of data that results from such download or Users’ use of
the Service.

The Owner does not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by a
third party through the Service or any hyperlinked website or service,
and the Owner shall not be a party to or in any way monitor any
transaction between Users and third-party providers of products or
services.

The Service may become inaccessible or it may not function
properly with Users’ web browser, mobile device, and/or operating
system. The owner cannot be held liable for any perceived or actual
damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not
allow the exclusion and limitations of certain implied warranties. The
above exclusions may not apply to Users. This Agreement gives Users
specific legal rights, and Users may also have other rights which vary
from state to state. The disclaimers and exclusions under this agreement
shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no
event shall the Owner, and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees be
liable for:

any indirect, punitive, incidental, special, consequential
or exemplary damages, including without limitation damages for loss of
profits, goodwill, use, data or other intangible losses, arising out of
or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering
or other unauthorized access or use of the Service or User account or
the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or
damage incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or
third party. In no event shall the Owner, and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees be liable for any claims, proceedings,
liabilities, obligations, damages, losses or costs in an amount
exceeding the amount paid by User to the Owner hereunder in the
preceding 12 months, or the period of duration of this agreement between
the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the
fullest extent permitted by law in the applicable jurisdiction whether
the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if the User has been advised of the
possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, therefore the above limitations
or exclusions may not apply to the User. The terms give User specific
legal rights, and User may also have other rights which vary from
jurisdiction to jurisdiction. The disclaimers, exclusions, and
limitations of liability under the terms shall not apply to the extent
prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and
its subsidiaries, affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees harmless from and against any and all
claims or demands, damages, obligations, losses, liabilities, costs or
debt, and expenses, including, but not limited to, legal fees and
expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited
to, User’s breach of any of the representations and warranties set forth
in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including
third party access with User’s unique username, password or other
security measure, if applicable, including, but not limited to,
misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by User or its affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees to the
extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these
Terms shall not constitute a waiver of any such right or provision. No
waiver shall be considered a further or continuing waiver of such term
or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the
right to interrupt the Service for maintenance, system updates or any
other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or
discontinue the Service altogether. If the Service is discontinued, the
Owner will cooperate with Users to enable them to withdraw Personal Data
or information and will respect Users' rights relating to continued
product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons
outside the Owner’s reasonable control, such as “force majeure” events
(infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any
portion of www.troweb.com and of its Service without the Owner’s
express prior written permission, granted either directly or through a
legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of www.troweb.com.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any
intellectual property rights, such as copyrights, trademark rights,
patent rights and design rights related to www.troweb.com are the
exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties relating
to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade
names, service marks, word marks, illustrations, images, or logos
appearing in connection with www.troweb.com are, and remain, the
exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties related
to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms
at any time. In such cases, the Owner will appropriately inform the
User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to
the User's acceptance. The User can obtain any previous version from
the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by
novation, or subcontract any or all rights or obligations under these
Terms, taking the User’s legitimate interests into account.
Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under
these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of www.troweb.com must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or
unenforceable under applicable law, the invalidity or unenforceability
of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted,
construed and reformed to the extent reasonably required to render it
valid, enforceable and consistent with its original intent.
These Terms constitute the entire Agreement between Users and the Owner
with respect to the subject matter hereof, and supersede all other
communications, including but not limited to all prior agreements,
between the parties with respect to such subject matter.
These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or
unenforceable, the parties shall do their best to find, in an amicable
way, an agreement on valid and enforceable provisions thereby
substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable
provisions shall be replaced by the applicable statutory provisions, if
so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or
impossibility to enforce a particular provision of these Terms shall not
nullify the entire Agreement, unless the severed provisions are
essential to the Agreement, or of such importance that the parties would
not have entered into the contract if they had known that the provision
would not be valid, or in cases where the remaining provisions would
translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is
based, as disclosed in the relevant section of this document, without
regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the
User is located in provides for higher applicable consumer protection
standards, such higher standards shall prevail.

Exception for Consumers in Switzerland

If the User qualifies as a Consumer in Switzerland, Swiss law will apply.

Exception for Consumers in Brazil

If the User qualifies as a Consumer in Brazil and the product and/or
service is commercialized in Brazil, Brazilian law will apply.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from
or connected to these Terms lies with the courts of the place where the
Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European
Consumers, nor to Consumers based in the United Kingdom, Switzerland,
Norway or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil that qualify as Consumers.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain
unaffected, in the event of any controversy regarding the use of
www.troweb.com or the Service, Users are kindly asked to contact the
Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and
if applicable, the details of the related order, purchase, or account,
to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 30 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for
alternative dispute resolutions that facilitates an out-of-court method
for solving disputes related to and stemming from online sale and
service contracts.

As a result, any European Consumer or Consumer based in Norway,
Iceland, or Liechtenstein can use such platform for resolving disputes
stemming from contracts which have been entered into online. The
platform is available at the following link.