USER AGREEMENT
last updated on 05/07/2025
This user agreement (this “Agreement”) sets forth the legally binding terms and conditions of your access to and use of any websites, mobile sites, mobile applications, desktop applications, products, or services (the “Services”) offered by Trident Technologies (to the extent further described below) (“Trident Technologies”, “Tridentex.io” “us”, “our”, and “we”). The “User”, “you”, “your” shall refer to any natural entity or person and its authorized users that subscribe or use the Services. Certain features of the Site may be subject to additional guidelines, rules, or terms, which will be posted on the Site relating to such features. All such additional guidelines, terms, and rules are incorporated by reference into this Agreement.
YOU STATE THAT YOU ACCEPT THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), BY ACCESSING OR USING THE SERVICES, AND YOU REPRESENT AND WARRANT THAT YOU, ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, HAVE THE AUTHORITY, RIGHT, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCEPT THIS AGREEMENT, OR ACCESS OR USE THE SERVICES IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS STATED IN THIS AGREEMENT, YOU MAY REFRAIN FROM ACCESSING AND/OR USING THE SITE.
THESE TERMS MAY REQUIRE THE USE OF ARBITRATION (AS MENTIONED IN SECTION 13.1) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT TRIALS OR CLASS ACTIONS, AND MAY ALSO LIMIT THE POSSIBLE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
We may amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your use or continued access to the Services after the posting of such amended Agreements or Policies constitutes your consent to be bound by the Agreement, as amended.
YOU ACKNOWLEDGE THAT TRADING IN CRYPTOCURRENCIES INVOLVE A HIGH DEGREE OF RISK. CRYPTOCURRENCIES ARE VOLATILE ASSETS AND ARE SUBJECT TO CONSTANT AND FREQUENT FLUCTUATIONS IN VALUE AND EXCHANGE RATES, AND THE VALUE OF YOUR CRYPTOCURRENCY ASSETS MAY INCREASE OR DECREASE AT ANY GIVEN TIME. ACCORDINGLY, YOU MAY SUFFER A COMPLETE LOSS OF THE FUNDS HELD IN YOUR ACCOUNT. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, APPROPRIATENESS, AND SUITABILITY OF THESE TRADING RISKS FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT TRIDENT TECHNOLOGIES BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY GAINS OR LOSSES INCURRED RELATING TO YOUR USE OF THE SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT TRIDENT TECHNOLOGIES DOES NOT GIVE ADVICE OR RECOMMENDATIONS ON THE TRADING OF CRYPTOCURRENCIES, INCLUDING THE SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR, CRYPTOCURRENCIES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT TRIDENT TECHNOLOGIES AND YOUR ABILITY TO USE THE SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION OR CHANGES IN REGULATIONS APPLICABLE TO CRYPTOCURRENCY. YOU AGREE THAT WE MAY DISCLOSE YOUR PERSONAL AND ACCOUNT INFORMATION IF WE BELIEVE THAT IT IS REASONABLY NECESSARY TO COMPLY WITH A LAW, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT TRIDENT TECHNOLOGIES IS NOT A FINANCIAL INSTITUTION, BANK, CREDIT UNION, TRUST, HEDGE FUND, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TRIDENT TECHNOLOGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT, OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES.
TRIDENT TECHNOLOGIES IS MERELY A TECHNOLOGY PLATFORM AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES.
1. ACCOUNTS
1.1 Account Creation. In order to access and use certain features of the Site, you must register for an account (“Account” ) and provide certain information about yourself as given in the account registration form. By registering and creating an account on the Site, you represent and warrant that: (a) all required registration information you provide is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services is and shall be in accordance with applicable law. You may delete your Account at any time, for any reason, by following the instructions provided on the Site. Trident Technologies may terminate or suspend your Account according to the provisions mentioned in Section 9.
1.2 Identity Verification. You agree to provide us with the information we request for identity verification, detection of money laundering, terrorist financing, fraud, or any other financial crime and also permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services and your access to the Services may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, government identification number, permanent account number, and information regarding your bank account (such as the name of the bank, the account type, account number, and routing number). By providing us with this or any other information that may be required, you confirm that the information is authentic and accurate. You agree to update this information and keep it current at all times. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or any other financial crimes, and to take the appropriate action we reasonably deem necessary, based on the results of such inquiries.
1.3 Certain Restrictions By using the Services, you represent and warrant that: (i) neither you nor any of your directors, officers, employees, agents, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is (a) currently the subject of any Sanctions, or (b) located, organized or resident in a Designated Jurisdiction; (ii) you have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption, and anti-money laundering; and (iii) you have instituted and maintained procedures and policies designed to promote and achieve compliance with such laws. For the purpose of this Agreement, “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction; “Sanction(s)” means any international economic sanction administered or enforced by the Government of India (including Department of Revenue), the United Nations Security Council, the European Union or other relevant sanctions authority.
1.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account including all consequences under applicable laws. You agree to immediately notify Trident Technologies of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Trident Technologies cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.5 Compliance. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, rule or regulation applicable to you.
1.6 Available Only Where Permitted by Law. The Services are only available in jurisdictions where they may be legally offered for sale. The Services are not available to “Non-Indian Persons”, as such term is defined under relevant law. By accessing or using the Site, you represent and warrant that you are an Indian Person.
2. ACCESS TO THE SERVICES
2.1 License. Subject to this Agreement, Trident Technologies grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes, in accordance with the Account type you are currently subscribing to.
2.2 Modification. Trident Technologies reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Trident Technologies will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
2.3 No Support or Maintenance. You acknowledge and agree that Trident Technologies will have no obligation to provide you with any support or maintenance in connection with the Services.
2.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Trident Technologies or its suppliers. Neither this Agreement nor your access to the Services, transfers any rights, title, or interest in or to such intellectual property rights, to you or any third party, except for the limited access rights expressly outlined in Section 2.1. Trident Technologies and its suppliers reserve all rights not granted in this Agreement. No implied licenses are granted under this Agreement.
2.5 Feedback. If you provide Trident Technologies with any feedback or suggestions regarding the Site (“Feedback” ), you hereby assign to Trident Technologies all rights in such Feedback and agree that Trident Technologies shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Trident Technologies will treat any Feedback you provide to Trident Technologies as non-confidential and non-proprietary. You agree that you will not submit to Trident Technologies any information or ideas that you consider to be confidential or proprietary.
3. PROHIBITED ACTIVITIES
3.1 Prohibited Activities. (a) violate or assist any other party in violating any applicable law, ordinance, statute, or regulation;
(b) intentionally try to defraud (or assist in the defrauding of) Trident Technologies or any other User;
(c) provide false, inaccurate, or misleading information;
(d) trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
(e) take any action that interferes with, intercepts, or expropriates any system, data, or information;
(f) partake in any transaction involving the proceeds of illegal activity;
(g) attempt to gain unauthorized access to other Trident Technologies Accounts, the Services, or any related networks or systems;
(h) use the Services on behalf of any third party or otherwise act as an intermediary between Trident Technologies and any third parties;
(i) use the Services to engage in conduct that is detrimental to Trident Technologies or to any other User or any other third party;
(j) collect any user information from other Users, including, without limitation, email addresses;
(k) defame, harass, or violate the privacy or intellectual property rights of Trident Technologies or any other User; or
(l) display, upload, or transmit any messages, videos, photos, or other media that contain illegal goods, pornographic, violent, obscene, or copyrighted images or materials, for use as an avatar, relating to a payment, payment request, or otherwise.
(m) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (iii) attempt to reverse engineer, decompile, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; or (iv) access the Services in order to build a competitive product or service or copy any ideas, functions, features, or graphics of the Services.
3.2 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of this Agreement, engage in Prohibited Activities, or otherwise create liability for us or any other person. Such action may include, in our sole and absolute discretion, terminating your Account in accordance with Section 9, reporting you to law enforcement authorities without providing any notice of you about any such report and confiscating any balance remaining in an Account which has been terminated.
4. THIRD-PARTY PRODUCTS AND SERVICES; OTHER USERS
4.1 Third-Party Services. You acknowledge that the Service will assist or enable you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”). Trident Technologies does not control such Third-Party Services, and Trident Technologies does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You shall access all Third-Party Services at your own risk, and should apply a suitable level of discretion and caution in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party entities or Services and any contract entered into, or any transaction completed via any Third-Party Services is between you and the relevant third party, and not with Trident Technologies. You shall comply with all applicable terms of the Third-Party Services that you access or subscribe to in all respects, in connection with the Services. If any Third-Party Services cease to make their programs available to us on reasonable terms at any given time, we may cease to provide such features to you without entitling you to refund, credit, or any other forms of compensation.
4.2 Release. You hereby release and forever discharge Trident Technologies (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, controversy, claim, right, demand, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Users or any Third- Party Products and Services).
4.3 Sharing User Information. In the course of processing a Wallet Transactions, Trident Technologies may be required to share your user information with other contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority. You hereby irrevocably grant full permission and authority for Trident Technologies to share this information with such contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority, and release Trident Technologies from any liability, error, mistake, or negligence related thereto.
4.4 Service fees. Trident Technologies applies a Maker / Taker fee structure for customers who trade Supported Cryptocurrency using the Services. Please consult the page set forth at https:// www.Trident Technologiesex.io for further information on applicable Maker and Taker fees. Trident Technologies will, at the time of any transaction on the Trident Technologies Exchange, notify you of any fees that will apply to the transaction. By proceeding with any transaction, you agree and accept to pay the applicable fees. Such fees will also appear in your transaction history upon transaction completion.
5. SUSPENSION, TERMINATION, AND CANCELLATION.
5.1 General. This Agreement will continue to apply to you until terminated by either you or Trident Technologies. Any provision outlined on this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the termination or expiration of this Agreement.
5.2 Suspension, Termination. We may terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason, in our sole and absolute discretion. We may decline to process any withdrawal or deposit without any prior notice and may suspend or limit your use of one or more Services at any time, in our sole discretion. For example, we may, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement. If you have a balance remaining in an Account which has been suspended, we may freeze such balance for so long as the Account is suspended. If the Account is terminated due to fraud, violation of law, or violation of this Agreement, Trident Technologies may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable law enforcement, government, or other authorities depending on the circumstances.
5.3 Deactivation. You may deactivate your Account at any time by withdrawing all balances and sending us a message through the contact page requesting the deactivation of your Account. Upon termination of your Account and this Agreement, you will remain liable for all transactions made while the Account was operational.
6. DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND TRIDENT TECHNOLOGIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL CONDITIONS AND WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. BOTH WE AND OUR SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE BASIS, OR WILL BE RELIABLE, ACCURATE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF ANY APPLICABLE LAW REQUIRES WARRANTIES CONCERNING THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FIRST USE. TRIDENT TECHNOLOGIES DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. TRIDENT TECHNOLOGIES DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. TRIDENT TECHNOLOGIES IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. THE EXCLUSION OF IMPLIED WARRANTIES ARE NOT ALLOWED IN SOME JURISDICTIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS ARE NOT ALLOWED BY SOME JURISDICTIONS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. INDEMNIFICATION.
You agree to indemnify and hold Trident Technologies (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) Third-Party Services. Trident Technologies reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Trident Technologies. Trident Technologies will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIDENT TECHNOLOGIES, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR FINANCIAL BENEFIT OR OTHER BUSINESS) ARISING OUT OF OR RELATING TO THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TRIDENT TECHNOLOGIES AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF TRIDENT TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF TRIDENT TECHNOLOGIES’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF TRIDENT TECHNOLOGIES, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TRIDENT TECHNOLOGIES OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO TRIDENT TECHNOLOGIES UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY BEFORE THE EVENT LEADING TO THE CLAIM FOR LIABILITY.
9. GENERALY
9.1 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Trident Technologies and affects your rights. It contains procedures for A CLASS ACTION WAIVER AND MANDATORY BINDING ARBITRATION.
(a) Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration as follows:
(i) In the case of disputes, controversies or claims involving Trident Technologies: You and Trident Technologies agree to resolve any claims relating to this Agreement (including any question regarding their existence, termination, validity, or any products or services provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications. If we are unable to resolve your claims within a period of 60 days of receiving the notice, you may seek relief through arbitration. Either you or Trident Technologies may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of the Indian Council of Arbitration (“IAC”), which are deemed to be incorporated into these Terms by reference. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be India. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.
(b) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as applicable, instead electing that all disputes and claims shall be resolved by arbitration under this Arbitration Agreement. The procedures for Arbitration are typically more efficient, more limited, and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Trident Technologies in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TRIDENT TECHNOLOGIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(c) Waiver of Class or Consolidated Actions. ALL DISPUTES AND CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE LITIGATED OR ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER OR CUSTOMER CANNOT BE LITIGATED OR ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR CUSTOMER.
(d) Confidentiality. All aspects of the proceeding of arbitration, including but not limited to the award of the arbitrator and compliance therewith, shall remain strictly confidential. The parties shall agree to maintain confidentiality unless otherwise prescribed by law. A party shall not be prevented by this paragraph from submitting to a court of law any information which is necessary to enforce this Agreement, to seek injunctive or equitable relief, and to enforce an arbitration award.
(e) Severability. If any part or parts of this Arbitration Agreement are found under the law to be unenforceable or invalid by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the rest of the Agreement shall continue in full force and effect.
(f) Right to Waive. Any or all of the limitations and rights outlined in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other section of this Arbitration Agreement in any manner.
(g) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Trident Technologies
(h) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be considered a waiver of any other obligations or rights under this Arbitration Agreement.
(i) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
9.2 Applicable Law. The laws of India excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Trident Technologies.
9.3 Force Majeure. Trident Technologies is not responsible for damages caused by delay or failure to perform undertakings under this Agreement when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; public authorities’ lawful action; any market movements, or volatility, or shifts; computer, server, or Internet malfunctions; cyber attacks or security breaches; criminal acts; defaults or delays caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, Trident Technologies is excused from any and all performance obligations and this Agreement shall be fully and conclusively at an end.
9.4 Electronic Communications. The communications between you and Trident Technologies use electronic means, whether you use the Site or send us emails, or whether Trident Technologies posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Trident Technologies in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Trident Technologies provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.5 Entire Agreement. This Agreement, together with Trident Technologies’s Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services. Our failure to enforce or exercise any provision or right of this Agreement shall not operate as a waiver of such right or provision. The section titles included in this Agreement are for the sole purpose of convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If for any reason, any provision of this Agreement is held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the unenforceable or invalid provision or provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Trident Technologies is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Trident Technologies’ prior written consent, and any attempted assignment, subcontract, transfer or delegation in violation of the foregoing will be null and void. Trident Technologies may freely assign this Agreement. The terms and conditions outlined in this Agreement shall be binding upon assignees.