These Webshop terms and conditions ("Terms and Conditions") govern the provision of products and services by Tricentis GmbH ("Tricentis" or "We") to you through the Tricentis webshop ("Webshop"). We offer a range of products ("Products") and services ("Services"), including training videos, online courses, online certification, and test management software, hence additional terms may occasionally apply. If these Terms and Conditions are inconsistent with specific Product or Services terms, those specific terms will control.
Please read these conditions carefully before placing an order with Tricentis. By placing an order with Tricentis, you agree to be bound by these Terms and Conditions.
1. Tricentis Account
You need to create an account in order to receive any of the Products, Services or shop in the Webshop. If you use any Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the information you provide us with is correct, complete and kept current, and for informing us of any changes thereof. You can access and update most of the information you have provided us with in your account area of the website ("Account Area").
You must not use any Product or Service: (i) in any way that causes, or is likely to cause, any Service or Product or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety. We reserve the right to refuse Services, not provide Products, terminate accounts or remove or edit content, if you are in breach of applicable laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
2. Conclusion of the Contract
Your order is an offer to Tricentis to acquire the Product(s) and/or Service(s) specified in your order. Before placing your order, you will see an overview of the selected items and you will be able to change them at any time before confirming your order. When you place an order to acquire a Product/Service from Tricentis, you will be sent an e-mail confirming receipt of your order and containing your order details ("Order Confirmation E-mail"). The Order Confirmation E-mail is only acknowledgement of receipt of your order by Tricentis, and it does not in any way confirm acceptance of your offer to acquire the Products and/or Services ordered. We only accept your offer, and conclude the contract for the Products and/or Services ordered by you, when we deliver your order and send an e-mail confirmation to you, which includes detailed information on how to receive your ordered Products and/or Services (the "Deployment Confirmation E-mail").
Your order will be saved in your Account Area. You consent to receive electronic invoices, which will be made available in PDF format in your Account Area.
3. Electronic Communications
When you use any of our Services or send us e-mails, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on our website or through other Tricentis services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
You agree to receive e-mails regarding news and information about our company, Products, Services or events. If you do not wish to receive such e-mails, you have the option to unsubscribe by clicking on the unsubscribe link in one of these emails.
4. Languages
The primary contract language is English. The Webshop, Services and communications will be provided in English or German. Online training videos and courses are just available in English unless explicitly stated otherwise.
5. Payments
We only accept payments in advance via PayPal. You will be able to use different payment methods, according to PayPal's service. Payment options may be subject to change.
6. Delivery
All Products and Services will be delivered electronically by making them available in the Account Area. After you place your order and your payment is confirmed, you will receive the Deployment Confirmation E-Mail including a link to your Account Area where you get access to your ordered Product(s) and/or Service(s).
All Products and Services in our Webshop are digital and we deliver content only electronically.
7. Pricing and Availability
All prices are inclusive of legally applicable VAT.
We list availability information for Products provided by us on our website, including on each product information page. Beyond the information provided in the foregoing sources, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Despite our best efforts, an item in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a Product's correct price is higher than the price on the website, we may either contact you before delivery to request whether you want to buy the Product at the correct price or cancel your order. If a Product's correct price is lower than our stated price, we will charge the lower amount and deliver the Product.
8. Right of Cancellation up to 14 days, Exception to Cancellation (B2C only)
8.1. Statutory Right
If you are a consumer as defined in the Austrian Consumer Protection Act (Konsumentenschutzgesetz) and none of the exceptions listed in section 8.3 applies, you may cancel your order without giving any reason within fourteen (14) days from the day on which you receive the Deployment Confirmation E-Mail.
You must inform us of your decision to cancel your order by e-mail to
webshop@tricentis.com. To meet the cancellation deadline, it is sufficient for you to send your communication before the fourteen (14) days' cancellation period has expired.
8.2. Effects of Cancellation
We will reimburse all payments received from you for the Products or Services purchased, no later than 30 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Products back.
8.3. Exception to the right of cancellation
The right of cancellation does not apply to:
- the delivery of sealed audio or video recordings or of sealed software, if unsealed by you after delivery;
- the supply of Products made to your specifications or clearly personalized;
- a service if you accepted when you placed your order that we could start delivery, and that you could not cancel it once delivery had started, provided Tricentis has fully performed the service;
- the supply of digital content if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started
9. Warranty for Services and Products
While we endeavor to ensure that information about our Services and Products on our website is correct, the actual Service or Product may contain more and different information to that displayed in our Webshop.
Tricentis warrants that the Services will be performed in a professional and workmanlike manner in accordance with standard industry practices, and that the deliverables will conform in all material respects to the documentation or specifications set forth in the applicable description for a period of 30 days. Notwithstanding any provision of these Terms and Conditions to the contrary, Tricentis shall not have any obligation to the extent the nonconformity of the deliverables is the result of: (i) the deliverables having been modified, repaired, or reworked by any party other than Tricentis or a third party on behalf of Tricentis; (ii) any use of the deliverables in conjunction with another product or service not recommended in the documentation; (iii) any damage to the deliverables by power failure, fire, explosion, or any act of God or other cause beyond Tricentis reasonable control; or (iv) any use of the deliverables not in conformance with the documentation.
Tricentis warrants that the Products will conform in all material respects to the corresponding documentation in effect on the date of their delivery during the first 6 months, provided the Product is used in accordance with the documentation. Tricentis shall not have any obligation under this section to the extent the nonconformity of the Product is the result of: (i) the Product having been modified, repaired, or reworked by any party other than Tricentis or a third party on behalf of Tricentis; (ii) any use of the Product in conjunction with another product or service not recommended in the documentation; (iii) any damage to the Product by power failure, fire, explosion, or any act of God or other cause beyond Tricentis reasonable control; or (iv) any use or access to the Product not in conformance with the documentation.
Disclaimer: EXCEPT AS EXPRESSLY PROVIDED ABOVE THE SERVICES, DELIVERABLES AND PRODUCTS ARE PROVIDED BY TRICENTIS "AS IS", AND NEITHER TRICENTIS NOR ITS THIRD-PARTY LICENSORS MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE, USAGE, TRADE CUSTOM, OR OTHERWISE WITH RESPECT TO THE SERVICES, DELIVERABLES OR PRODUCTS, AND TRICENTIS DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS RELATING THERETO INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY INTENDED OR PARTICULAR PURPOSE. TRICENTIS DOES NOT GUARANTEE THAT THE SERVICES, DELIVERABLES OR PRODUCTS WILL BE FREE OF DEFECTS, RUN ERROR-FREE OR UNINTERRUPTED, OR MEET YOUR REQUIREMENTS.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
10. Liability for Services and Products
We will do our utmost to ensure that availability of Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Tricentis and its affiliates will not be responsible for (i) losses that were not caused by any breach on their part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and Tricentis when you commenced using the Services or the contract for the provision of Products by Tricentis to you was concluded.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions, if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your legal right to receive Products and/or Services within a reasonable time or to obtain a refund if Products or Services ordered cannot be supplied within a reasonable time, owing to a cause beyond our reasonable control.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
11. Copyright
All content included in or made available through any Service or Product, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Tricentis or its content suppliers and is protected by Austrian and International copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Service or Product is the exclusive property of Tricentis and is protected by Austrian and International copyright and database right laws.
You may not extract and/or re-utilize parts of the content of any Service or Product without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether one or many times) for re-utilization any substantial parts of the content of any Service or Product, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Service or Product (e.g. our prices and product listings) without our express written consent.
12. Trademarks
Tricentis and the Tricentis logo, Tosca Testsuite and the Tosca Testsuite logos and icons as well as graphics and logos included in or made available through any Service or Product are trademarks of Tricentis. Tricentis' trademarks may not be used in connection with any product or service that is not of Tricentis, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Tricentis. All other trademarks not owned by Tricentis that appear in any Service or Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tricentis.
13. Tricentis Software Licenses
In addition to these Terms and Conditions, additional terms regarding software will apply when you are using Tricentis' software (including any updates or upgrades to the software and any related documentation).
14. Applicable Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of the Republic of Austria and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts competent for Inner District of Vienna, it being understood that you may bring a claim to enforce your consumer protection rights in connection with these Terms and Conditions in the Republic of Austria or in the EU country in which you live.
15. Amendments to the Terms
We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms and Conditions at any time. You will be subject to the terms and conditions policies and Terms and Conditions in force at the time that you order products from us, unless any change to those terms and conditions, policies or Terms and Conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
16. Waiver
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
