Triko

Triko Terms of Use

1. Binding agreement

 

Terms of Use Agreement

 

This Terms of Use Agreement (“Agreement”) outlines the rules and regulations governing your access to and use of the Platform provided by Trikorp, Inc., along with its subsidiaries and affiliates (collectively referred to as “Triko,” “we,” “our,” or “us”). This Agreement encompasses all aspects of your relationship with Triko.

 

By accessing, using, or engaging with the Platform, you authorize Triko to utilize your personal information to conduct background checks and business credit assessments through third-party vendors, and to verify your identity throughout your interaction with the Service.

 

Please review these Terms thoroughly. Your use of the Service signifies your acceptance of and agreement to be bound by these Terms. If you do not agree to these Terms, you are not permitted to access or use the Service.

 

The terms “you” or “your” in this Agreement refer to the individual accessing, using, or participating in the Service, as well as their heirs, assigns, and successors. If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. Your acceptance of the Terms will be deemed an acceptance by the entity, and “you” and “your” will refer to that entity and its directors, officers, employees, and agents.

 

2. Definitions

 
  • “Platform Content” means User Content and Triko Content together.
  • “Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
  • “Consumer” means a User who is registered to search for Service Providers on the Platform, seeks  Services from Service Providers on the Platform, makes a booking through Triko’s bidding technology to get offers from Service Providers on the Platform, or otherwise uses the Platform to, or agrees to these Terms in order to, receive, pay for, review, or facilitate the receipt of services offered by Services Providers. Because a Consumer may be, or may become, a customer of a Service Provider, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform.
  • “Fee” means any amount charged byTriko to a User in connection with the Platform.
  • “Platform” means all Triko websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through Triko.
  • “Privacy Policy” means the Triko Privacy Policy located at xxxxxxxx , including any amendments, supplements or modifications thereto made from time to time.
  • “Services” means the services , scheduled, offered, fulfilled or provided by Service Providers, or sought, scheduled, paid for, or received by Consumers, through the Platform.
  • “Service Providers” means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Services. Service providers are often referred to as “providers” on the Platform.
  • “Triko Content” means all Content Triko makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.
  • “User” means a person or entity who completes Triko’’s account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Triko, including but not limited to Service Providers and Consumers.
  • “User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Triko’s Content and Feedback.

3. Triko’s platform

 

A. Online Marketplace

 

The Platform offered by Triko is an online, web- and app-based two-sided marketplace that facilitates connections between Consumers and Service Providers. “Consumers” refer to individuals or businesses seeking to obtain services, while “Service Providers” are individuals or businesses offering their services to Consumers. Collectively, Consumers and Service Providers are referred to as “Users.”

 

Service Providers operate as independent business owners, providing services under their own name or business name and using their own tools and supplies. They determine their own rates for services without any interference from Triko. Service Providers may:

 

  • Maintain their clientele without any restrictions from Triko.
  • Offer and provide their services through competing platforms.
  • Accept or reject service requests and agreements at their discretion.

Service Providers are independent contractors of Consumers, and Consumers are clients of Service Providers, not Triko. Any reference to a Service Provider being licensed, credentialed, or “badged,” “reliable,” “elite,” “background checked,” or similar terms indicates only that the Service Provider has completed a relevant user account registration process or met certain criteria. This does not imply any endorsement, certification, or guarantee by Triko regarding a Service Provider’s skills or qualifications, including whether they are licensed, insured, trustworthy, safe, or suitable.

 

B. Bidding System on Triko’s Platform

 

Triko’s hallmark service is the Live Service Auction, a groundbreaking approach that empowers consumers in their search for service providers. Consumers initiate auctions by detailing their service requirements, specifications, and any other relevant information.

 

Job Posting by Consumers:

 

  • Details Submission: Consumers begin by posting a job on the Triko platform. They must specify detailed conditions of the job, including the place, time, manner, scope of work, and any other relevant requirements or preferences.
  • Visibility: Once the job is posted, it becomes visible to all registered Service Providers who meet the criteria specified in the job posting. This creates a transparent and competitive marketplace where service providers can review the auction details and submit bids based on their expertise and capabilities. During this process the identity of the consumer and service provider remains anonymous, no personal information, beyond images posted by the User are shared.

Service Providers Respond:

 

  • Bid Submission: Interested Service Providers review the job details and submit their offers or bids to fulfill the service. Each bid typically includes the Service Provider’s proposed fee, estimated time of completion, and any other pertinent terms or conditions.
  • Competitive Bidding: Multiple Service Providers can submit bids for the same job, creating a competitive environment. This allows Consumers to receive various offers and choose the best option based on price, quality, and other factors.

Time Limitation for Bids:

 

  • Bidding Window: The job posting includes a specified time frame within which Service Providers can submit their bids. This ensures a timely decision-making process for Consumers and encourages prompt responses from Service Providers.
  • Expiration: Once the bidding window closes, no further bids can be submitted for that job. Consumers then review the bids received within the designated time period.

Consumer Decision:

 

  • Bid Evaluation: Consumers evaluate the submitted bids based on their criteria such as cost, Service Provider’s profile, without disclosing the Service Provider’s identity, reviews, ratings, and proposed timelines.
  • Selection: After reviewing the bids, Consumers select the Service Provider whose offer best meets their needs.

Service Agreement Formation:

 

  • Confirmation: Once a Service Provider is selected, the Consumer confirms the job assignment through the Triko platform. This formalizes the agreement between the Consumer and the Service Provider.
  • Notification: Both parties receive notifications confirming the job details and the agreed terms. This includes all necessary information for the Service Provider to proceed with the service. At this point, the specific information of both parties is disclosed to each other.

Service Execution and Payment:

 

  • Consumer Fee: Triko is entitled to a fee charged to the Consumer upon the successful completion of the bidding process for services. This fee is non-refundable and is payable at the time of service selection.
  • Service Provider Fee: Triko charges a fee to all Service Providers who participate in the bidding process. Additionally, the winning Service Provider is subject to an additional fee. These fees are non-refundable and payable at the time of bidding and upon selection, respectively.
  • Direct Payment: Payments for services rendered are not processed through the Triko Platform. Instead, payment must be handled directly between the Consumer and the Service Provider. Triko does not take responsibility for any disputes or issues arising from these direct payments.
  • Execution of Services: The Service Provider is responsible for carrying out the job according to the terms, conditions, and timeline agreed upon with the Consumer. Any deviation or failure to meet these terms is the sole responsibility of the Service Provider.
  • Subsequent Engagements: If a Consumer chooses a Service Provider for subsequent services, and this Service Provider has previously participated in the bidding process on the Triko Platform, payment for these subsequent services may be processed through the Triko Platform.
  • Transaction Fees: For payments processed through the Triko Platform, Triko will charge applicable transaction fees. These fees are non-refundable and are deducted from the payment amount before disbursement to the Service Provider.
  • By engaging with the Triko Platform, all parties agree to adhere to these payment and service delivery terms.

Fees and Charges:

 

  • Bidding Fee for Service Providers: Service Providers are charged a bidding fee when they submit their offers for job postings. This fee signifies their commitment to participate in the bidding process.
  • Selection Fee for Consumers: Consumers are only charged a fee if they choose a Service Provider to fulfill their service request. This fee is processed once the job assignment is confirmed.

Feedback and Reviews:

  • Post-Service Review: After the service is completed, Consumers are encouraged to leave reviews and ratings based on their experience. This feedback helps maintain the quality of services on the platform and assists future Consumers in making informed decisions.

Legal Compliance:

  • Service Providers are independently responsible for ensuring their compliance with all applicable laws, regulations, and professional standards, including tax obligations, business licenses, and permits required for their services. Consumers are responsible for verifying the qualifications and licensing of Service Provider

Regardless of any features or services of the Platform that a Consumer may use to expedite Service Provider selection, the Consumer is responsible for determining the service and selecting or approving their Service Provider. Consumers should undertake their own research prior to booking any service to ensure that a specific Service Provider meets their needs.

 

C. Triko’s Role

 

Triko is not an employment agency service or business, and Triko is not an employer of any User. Service Providers are not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of Triko.

Users acknowledge and agree that:

 

  • Triko does not perform services nor employ individuals to perform services.
  • Triko does not supervise, scope, direct, control, or monitor Service Providers’ work (including setting work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Service Providers.
  • Triko does not have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services or Users (or their acts or omissions), nor the integrity, responsibility, competence, qualifications, communications, or ratings and reviews provided by Users with respect to each other.

The formation of a Service Agreement does not create any responsibility or liability for Triko, nor any employment or other relationship between Triko and the Users or between the Consumer and the Service Provider. Users do not have the authority to act as agents for, nor bind or make any representations on behalf of, Triko.

 

Triko is not responsible or liable for workers’ compensation, tax payments, or withholdings in connection with a User’s use of the Platform. The Service Provider assumes full and sole responsibility for all required and applicable income tax and social contributions related to the performance of their services. Each User assumes all liability for proper classification of their workers based on applicable legal guidelines.

 

Triko reserves the right to facilitate the offering of insurance policies by third-party providers for the services provided by Service Providers through the Platform. Users have the option to opt-in to these insurance policies. Should a User choose to opt-in, the associated costs will be charged to the User. The terms and conditions of any insurance policy offered by third-party providers will be governed by the specific insurance agreement provided at the time of opt-in. Users are advised to review the terms of the insurance policy carefully before opting in. This includes general liability insurance. Triko is not directly compensated for any insurance services acquired on its platform; instead, it charges a defined fee to third-party providers for advertising their policies on the platform.

 

D. License

 

Subject to your compliance with the terms of this Agreement, Triko grants you a limited, non-exclusive, non-transferable, and revocable license to:

  • Access and use the Platform in locations and territories where the Platform has a presence.
  • Download, access, and use the app on your personal device solely in furtherance of your use of the Platform.
  • Access and view any content, information, and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform.

All Users agree to comply with the Acceptable Use Policy in their use of the Platform. Users may not copy, download, use, redesign, reconfigure, reverse engineer, or retransmit the Platform or anything therefrom without Triko’s prior written consent. Any rights not granted by Triko are expressly reserved.

 

E. User Representations and Warranties

 

In accessing and using the Platform, you represent and warrant that you:

  • Will comply fully with the terms of this Agreement.
  • Are at least the legally required age in the jurisdiction in which you reside and capable of entering into binding contracts.
  • Have the right, authority, and capacity to enter into this Agreement (including acting on behalf of any company or organization you represent).
  • Will only request and/or perform services in a country where the Platform has a presence.
  • Will respect the privacy, property, and data protection rights of Users and will not record any interaction without prior written consent.
  • Will act professionally and responsibly in interactions with other Users.
  • Will only use the third-party PSP to make or receive payment for services.
  • Will use your legal name and/or business name and an up-to-date photo on your profile.
  • Will comply with all applicable laws in your use of the Platform.
  • Will not use the Platform for illegal activities or to purchase/deliver controlled substances.
  • Will ensure all communications regarding services remain on the Platform.

E. Additional Service Provider Representations and Warranties

 

If you are a Service Provider, you additionally represent and warrant that you:

  • Are operating as a sole proprietor, partnership, limited liability company, corporation, or other business entity.
  • Are customarily engaged in an independently established business of the same nature as the services performed for Consumers through the Platform.
  • Have the unrestricted right to work in the jurisdiction where you perform services.
  • Have and will maintain at your own expense any required licenses, permits, and registrations.
  • Have and will maintain all necessary insurance.
  • Have and maintain all necessary insurance required by state and federal law.
  • Will respond to invitations promptly and provide high-quality services as agreed.
  • Will promptly disclose to Triko any potentially relevant criminal convictions that arise during your use of the Platform.

F. Professional Licensing

 

Triko does not independently verify that Services providers  have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform the services offered on the platform.  It may be unlawful to perform certain types of services without a license, permit and/or registration, and performing the same may result in law enforcement action and/or penalties or fines. Service providers are solely responsible for avoiding such prohibited services.  If you have questions about how state, territorial and/or local laws apply to the services offered on the Platform, you should first seek appropriate legal guidance.  Consumers are solely responsible for determining if a service provider has the skills and qualifications necessary to perform the specific service and confirming that the service provider has obtained all required licenses, permits, or registrations, if any.  Consumers may wish to consult their state, provincial, territorial and/or local law requirements to determine whether certain services are required to be performed by a licensed or otherwise registered professional.

 

Triko does not sell, bid, post, or otherwise provide services. Instead, Triko facilitates service transactions, which may include the following: displaying a list of Service Professionals’ profiles, allowing Service Providers to bid on the platform, enabling Consumers and Service Providers to communicate with each other, facilitating the booking of appointments for service provision through the bidding process, assisting in the selection of Service Providers for certain Consumers, and processing payments for services. However, Triko does not take possession of the funds involved in any transactions between Consumers and Service Providers.

 

Consumers understand that any such facilitation does not constitute a warranty in relation to the Services. Service Providers understand and agree that using the Platform does not guarantee that anyone will engage them for Services or that they will be selected in a bidding process. Consumers understand that any Services they solicit and/or pay for using the Platform are solicited directly from the Service Providers providing such Services.

 

Service Providers understand and agree that they are customers of Trinko, and are not Trinko’s employees, contractors, consultants, joint venturers, partners, or agents. Service Providers acknowledge that they provide their own equipment, select their own jobs,bid their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Triko does not control, and has no right to control, the services a Service Provider provides (including the details of how the Service Providers provides such services) if the Service Providers engaged by a Consumer or any other person, except as specifically noted herein or on the Platform.

 

Trinko, as permitted by applicable laws, obtains reports regarding Service Providers, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Provider’s account based on the results of such a report, without or without notice. As a Service Provider, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Triko’s vendors. Service Professionals agree to inform Triko of any material criminal convictions that occur after any such reports are run.

 

4. Prohibitions

 

As a User of the Platform, you may not:

  • Use another person’s Account, misrepresent yourself or Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
  • Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Triko’s prior written approval; provided, that operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Triko reserves the right to revoke these exceptions either generally or in specific cases);
  • Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
  • Take any action that
    • (a) may unreasonably encumber the Platform’s infrastructure;
    • (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation;
    • (c) bypasses measures that are used to prevent or restrict access to the Platform;
    • (d) circumvents, disables or otherwise interferes with security features of the Platform;
    • (e) distributes viruses or any other technologies that may harm Triko or our Users;
    • (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or
    • (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
  • Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Triko for access to services provided by the Platform or by Service Providers;
  • Notwithstanding anything to the contrary contained in these Terms, collect, harvest, publish, or “sell” any personal information (as that term is defined by the California Consumer Privacy Act and/or any similar law or regulation), including but not limited to information related to Users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
  • Violate any applicable laws or regulations;
  • Fail to comply with a User’s requests (including those made on their behalf by Triko) to no longer receive phone calls, text messages, e-mails or any other communications from you;
  • Recruit, solicit, or contact in any form Service Providers or Consumers for employment or any other use not specifically intended by the Platform;
  • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
  • Violate in any material respect any Triko policies that govern your use of the Platform and our interactions with you and third parties;
  • Advertise or solicit a Service not related to or appropriate for the Platform including, but not limited to any Service that
    • (a) is not in supported categories or provides only products;
    • (b) provides directories or referrals;
    • (c) offers lending;
    • (d) offers rental space;
    • (e) promotes events (such as a party or professional convention);
    • (f) competes with the business of Triko;
    • (g) is based outside the United States;
    • (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or
    • (i) offers a Service not reasonably available to a Consumer or other individual in that Consumer or individual’s location;
  • Submit User Content that damages the experience of any User including but not limited to
    • (a) requests to download non-Triko mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Triko,
    • (b) offers to purchase a Service or any other service outside of Triko, or
    • (c) using a profile page or User name to promote services not offered on or through the Platform;
  • Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
  • Fail to perform Services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such Services (including by refusing to pay);
  • Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Triko;
  • Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
  • Agree to purchase a Service when you do not meet a Service Provider’s requirements;
  • Create more than one Consumer or Service Provider Triko account without our written permission;
  • Circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Consumer;
  • Fail to comply with any applicable laws or regulations related to your use of the Platform;
  • Seek to circumvent the terms of, or abuse, your Triko subscription;
  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
  • Service Providers are strictly prohibited from using any data, information, images, or any other content obtained from the Triko platform to add to their internal Customer Relationship Management (CRM) systems, databases, or similar services for future marketing purposes or any other use. Service Providers may only use the information provided on Triko’s platform to ensure the services offered are delivered in accordance with the platform’s guidelines. Any unauthorized use of information from the Triko platform will be considered a violation of these terms and may result in account suspension or termination, along with potential legal action.
  • Attempt to indirectly undertake any of the foregoing.

Triko values our Service Providers and Consumers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Triko’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Triko or a neutral third-party mediator or arbitrator selected by Triko. Notwithstanding the foregoing, you acknowledge and agree that Triko is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

 

5. Termination

 

You may terminate your Agreement with Triko at any time by discontinuing all use of the Platform and deactivating your account. Triko reserves the right to terminate your Agreement and revoke your access to the Platform at any time if you breach any terms of the Agreement or violate applicable laws.

 

Even if your right to use the Platform is suspended, terminated, or restricted, the Agreement remains enforceable against you. Triko reserves the right to pursue appropriate legal action as outlined in the Agreement.

 

ACCOUNT SUSPENSION OR TERMINATION

 

Triko reserves the right to limit, block, suspend, deactivate, or terminate your account at any time, with or without cause and with or without prior notice. This may occur in whole or in part. Upon exercising this discretion, any of the following actions may be taken without prior notice or explanation:

 

Your account may be deactivated or suspended, your password disabled, and you will lose access to the Platform and your User Content, as well as any assistance from Triko support teams.

 

If deemed appropriate by us, we may inform other Users that your account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized, and provide the reasons for such action.

 

You will not be entitled to any compensation for Platform services that are canceled or delayed due to account termination.

Users may cancel their use of the Platform and terminate their account at any time by navigating to the “Settings” link in their profile, selecting “Account,” and clicking “Deactivate Account.” It should be noted that upon account cancellation, Triko is not obligated to delete or return any content you have posted on the Platform, including, but not limited to, reviews. For information regarding data deletion requests following account termination, please refer to our Privacy Policy, which is incorporated herein by reference.

 

6. Registration information for service providers

 

To ensure a seamless and trustworthy experience for all users on the Triko platform, we emphasize the importance of accurate and up-to-date Registration Information. Here’s an in-depth look at this crucial aspect of our service:

 

  • Providing Accurate Information

When service providers register on the Triko platform, they commit to furnishing true, accurate, current, and complete information. This includes details prompted by Triko’s registration forms. It is imperative that the information provided is a genuine representation of the service provider’s identity, qualifications, and business details. This commitment to accuracy forms the foundation of transparent and reliable interactions within the Triko community.

 

  • Licensing, Permits, and Authorizations

Triko operates under the assumption that all information provided by service providers is accurate. However, it is expressly communicated that the responsibility for possessing the necessary licenses, permits, and authorizations for their respective services lies entirely with the service providers. Triko does not undertake the role of verifying or controlling the compliance of service providers with legal requirements, including licensing and permits.

 

  • Legal Compliance

Triko emphasizes that service providers are obligated to comply with all legal requirements, including but not limited to licensing, permits, and work authorizations. Failing to adhere to these legal prerequisites is solely the responsibility of the service provider. Triko does not assume liability for any consequences arising from a service provider’s failure to comply with legal obligations.

 

  • Trust and Accountability

The Triko platform is built on a foundation of trust, and accurate registration information is fundamental to establishing and maintaining this trust. Clients rely on the information provided by service providers to make informed decisions. Therefore, service providers play a crucial role in upholding the integrity of the platform by ensuring the accuracy of their registration details.

 

  • User Accountability

By registering on Triko, service providers acknowledge their accountability for the authenticity of the information they provide. This includes, but is not limited to, business details, certifications, and any other pertinent information that influences a client’s decision to engage with their services.

 

  • Legal Implications

Triko reserves the right to take appropriate action, including suspension or termination of an account, in the event of any breach of the commitment to provide accurate information. Service providers should be aware of the legal implications of providing false or misleading information, which can result in serious consequences.

 

In essence, the Registration Information section underscores the vital role of accurate details in fostering trust and reliability within the Triko community. Service providers are reminded of their responsibility to comply with all legal requirements, and Triko is dedicated to maintaining a platform that prioritizes transparency, accountability, and adherence to the highest standards of service provision.

 

7. Registration Information for Consumers

 

To ensure a seamless and trustworthy experience for all users on the Triko platform, we emphasize the importance of accurate and up-to-date Registration Information. Here’s an in-depth look at this crucial aspect of our service:

 

1. Providing Accurate Information

When Consumers register on the Triko platform, they commit to furnishing true, accurate, current, and complete information. This includes details prompted by Triko’s registration forms. It is imperative that the information provided is a genuine representation of the Consumer’s identity and contact details. This commitment to accuracy forms the foundation of transparent and reliable interactions within the Triko community.

 

2. Legal Compliance

 

Consumers are obligated to comply with all applicable legal requirements when using the Platform. This includes adhering to any local, state, or federal laws that may pertain to their service requests or interactions with Service Providers. Triko does not assume liability for any consequences arising from a Consumer’s failure to comply with legal obligations.

 

3. Trust and Accountability

 

The Triko platform is built on a foundation of trust, and accurate registration information is fundamental to establishing and maintaining this trust. Service Providers rely on the information provided by Consumers to make informed decisions about service provision. Therefore, Consumers play a crucial role in upholding the integrity of the platform by ensuring the accuracy of their registration details.

 

4. User Accountability

 

By registering on Triko, Consumers acknowledge their accountability for the authenticity of the information they provide. This includes, but is not limited to, personal details and any other pertinent information that influences a Service Provider’s decision to engage with their service requests.

 

5. Legal Implications

 

Triko reserves the right to take appropriate action, including suspension or termination of an account, in the event of any breach of the commitment to provide accurate information. Consumers should be aware of the legal implications of providing false or misleading information, which can result in serious consequences.

 

In essence, the Registration Information section underscores the vital role of accurate details in fostering trust and reliability within the Triko community. Consumers are reminded of their responsibility to comply with all legal requirements, and Triko is dedicated to maintaining a platform that prioritizes transparency, accountability, and adherence to the highest standards of service provision.

 

8. Triko`s Promotions

 

Triko may offer various promotions (“Promotions”), which could include, but are not limited to, discounted or free use of the Platform for a specified period, discounts or credits for services provided by Service Providers, and referral-based discounts or credits. These Promotions are provided at Triko’s sole discretion and can be withdrawn at any time and for any reason. Any attempt to manipulate, defraud, or otherwise misuse a Promotion, as determined solely by Triko, will result in the revocation of the Promotion. Such attempts include, but are not limited to, providing false information or using multiple accounts.

 

Eligibility for Promotions is contingent upon the following:

(a) Receiving a direct communication from Triko offering the Promotion.

(b) Meeting all requirements specified in the communication.

(c) Maintaining an account in good standing with Triko.

 

Triko may set conditions for receiving Promotion benefits in any manner deemed appropriate, which may include restricting eligibility to certain Users, categories, or specific dates. To qualify for a Promotion benefit, you might need to complete a specific action, such as signing up for a service or making a payment for certain services. Unless otherwise noted, Promotions are intended for one-time use only and cannot be combined (i.e., a User may only apply one Promotion per project).

Details regarding the benefits, acceptance requirements, and other conditions for receiving any Promotion will be disclosed in the promotional communication. Once a Promotion period ends, you will no longer be eligible for its benefits, even if you have met the requirements. Triko reserves the right to revoke any benefit if it is determined that you have not met the Promotion requirements, including maintaining an account in good standing.

 

9. No warranties

 

Your Use of the Platform Is under your own assumption of risk and responsibility:

 

The Platform and its underlying technology are provided “as is” and “as available,” without any warranties or conditions, either express or implied. This includes, but is not limited to, implied warranties or conditions of merchantability, quality, fitness for a particular purpose, good and workmanlike services, compliance with any law, statute, ordinance, regulation, or code, and non-infringement. All such warranties are expressly disclaimed.

 

1. No Guarantees on Platform Content and Results

  • Triko and its affiliates (collectively, the “Triko Parties”) do not guarantee the timeliness, suitability, accuracy, reliability, completeness, or content of the Platform.
  • There is no warranty on the results that may be obtained from using the Platform or any services provided through it.
  • The Triko Parties do not guarantee the quality or suitability of tasks or services provided by Users, nor the interactions or communications between Users, whether online or offline. This includes any Service Provider’s ability, professional accreditation, registration, or licensure.

2. Platform Functionality and Security

  • The Triko Parties do not warrant that the Platform will be error-free or that access will be uninterrupted.
  • There is no guarantee that the Platform will be free from computer viruses, system failures, worms, Trojan horses, or other harmful components or malfunctions, including those encountered during hyperlinking to or from third-party websites.

To guarantee the correct  adherence to these Terms, Triko reserves the right to monitor communications between Consumers and Service Providers that take place inside the Platform, irrespective of whether they are initiated by the Consumer or the Service Provider.

 

3. Third-Party Products and Services

  • Triko does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the Platform or any hyperlinked website or service, including those offered by any Service Provider.
  • Triko will not be involved in or monitor any transaction between you and third-party providers of products or services.

The Platform may feature links to external websites, media, offers, or events/activities that are not owned or controlled by Triko. Triko does not endorse nor assume any responsibility for these links. Accessing such links is at your own risk.

By using the Platform, you acknowledge and agree that any legal recourse or liability you seek for actions or omissions by other Users or third parties will be limited to claims against those specific Users or third parties. You agree not to hold Triko liable or seek any legal remedy from Triko for the actions or omissions of other Users or third parties.

 

4. Legal Limitations

  • Some jurisdictions, including United States federal law, may not allow the exclusion of or limitations on certain implied warranties. As a result, the above exclusions and/or limitations may not apply to you.
  • These Terms provide you with specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
  • The disclaimers, exclusions, and limitations in these Terms will not apply to the extent prohibited by applicable law.

10. Indemnification

 

1. Indemnification

You agree to release, defend, indemnify, and hold harmless Triko, along with its affiliates, subsidiaries, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from or in any way related to:

(a) Your violation of these Terms;

(b) Your User Content;

(c) Your interactions with any User; and

(d) Your request, receipt, offer, or provision of services through the Platform, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with such services.

 

2. Service Providers indemnification:

 

As a Service Provider, you agree to indemnify, defend, and hold harmless Triko and its affiliates from and against any and all liabilities arising from:

(i) Your use of, inability to use, or participation on the Platform;

(ii) Your participation in providing services, or your ability or inability to perform tasks or receive payment for them;

(iii) Your breach or violation of this Agreement;

(iv) Your violation of any law or the rights of any User or third party;

(v) Any User Content and/or Feedback submitted by or about you, or using your account on the Platform, including but not limited to content that may infringe on the intellectual property rights of a third party or otherwise be illegal or unlawful;

(vi) The acts or omissions of any assistants or subcontractors you engage.

This clause ensures that Service Providers are responsible for any issues arising from their use of the Platform, their service provision, and any content they generate or feedback they receive. It also covers legal compliance and the conduct of any individuals they employ or subcontract.

 

3. Jurisdictional Limitations

 

If you reside in a jurisdiction where the above indemnification is prohibited, you agree to release, defend, indemnify, and hold harmless Triko and its affiliates, subsidiaries, and their respective officers, directors, employees, and agents, from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from or in any way related to your violation of these Terms.

 

4. California Residents

 

If you are a resident of California, you hereby waive California Civil Code Section 1542, which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.

 

5. Non-California Residents

 

If you are not a resident of California, you waive your rights under any statute or common law principle similar to California Civil Code Section 1542 that governs your rights in your jurisdiction of residence.

 

11. User Generated Content

 

1. User Responsibility

As a User of the Triko Platform, you are solely responsible for all content you post, upload, publish, submit, or transmit through the Platform, including but not limited to text, photos, videos, reviews, ratings, feedback, and any other materials (collectively, “User Generated Content”). By submitting User Generated Content, you represent and warrant that:

  • You own or have the necessary rights and permissions to use and authorize Triko to use all intellectual property rights in and to any User Generated Content.
  • Your User Generated Content does not infringe, misappropriate, or violate the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights.
  • Your User Generated Content does not violate any applicable laws, regulations, or community guidelines set forth by Triko.

2. License to Triko

 

By posting, uploading, publishing, submitting, or transmitting User Generated Content on or through the Platform, you grant Triko a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Generated Content in any media formats and channels now known or later developed, without compensation to you.

 

3. Content Moderation

 

Triko reserves the right, but is not obligated, to review, monitor, edit, remove, or delete any User Generated Content at its sole discretion and without notice, for any reason or no reason, including if such content:

  • Violates these Terms or any applicable laws or regulations.
  • Is offensive, harmful, defamatory, obscene, or otherwise objectionable.
  • Infringes on the rights of any third party.
  •  

4. Prohibited Content

Users are prohibited from posting, uploading, publishing, submitting, or transmitting any User Generated Content that:

  • Contains false or misleading information.
  • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
  • Contains hate speech, discrimination, or harassment based on race, gender, religion, nationality, disability, sexual orientation, or age.
  • Includes unauthorized advertising or spam.
  •  

5. User Feedback

Any feedback, suggestions, ideas, or other information provided by you to Triko regarding the Platform or services (collectively, “Feedback”) will be treated as non-confidential and non-proprietary. By submitting Feedback, you grant Triko a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback for any purpose.

 

6. Indemnification

 

You agree to indemnify, defend, and hold harmless Triko and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your User Generated Content, your violation of these Terms, or your violation of any rights of another.

 

7. No Endorsement

 

User Generated Content does not reflect the views of Triko, and Triko does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein. Triko disclaims all liability with respect to User Generated Content.

This User Generated Content clause ensures broad coverage of user responsibilities, licenses granted to Triko, content moderation rights, prohibited content, user feedback handling, indemnification, and the disclaimer of endorsement by Triko.

 

12. Liability

 

Limitation of Liability

 

1. No Liability for Indirect Damages

 

To the fullest extent permitted by law, Triko and its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, “Triko Parties”) shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, substitute service costs, or any other similar damages arising out of or in connection with your use of or inability to use the Platform, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if Triko has been informed of the possibility of such damages.

 

2. Aggregate Liability Cap

 

To the fullest extent permitted by law, the total liability of the Triko Parties for any claim arising out of or relating to these Terms or your use of the Platform, regardless of the form of the action, shall be limited to the greater of (a) the amount you have paid to Triko in connection with the services under these Terms in the six (6) months immediately preceding the claim, or (b) one hundred dollars ($100).

 

3. User Content and Interactions

 

Triko assumes no responsibility for the accuracy, completeness, or reliability of any User Generated Content or for the conduct, whether online or offline, of any User of the Platform. You acknowledge and agree that your reliance on any User Generated Content or interactions with other Users is at your own risk. Triko is not responsible for any damage or harm resulting from any interactions between Users.

 

4. Services Provided by Service Providers

 

Triko is not liable for any services provided by Service Providers or for any acts, errors, omissions, representations, warranties, breaches, or negligence of any Service Providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Triko does not provide any warranties or guarantees regarding the quality, safety, or legality of the services offered by Service Providers.

 

5. External Links

 

The Platform may contain links to third-party websites or resources. Triko is not responsible or liable for the availability, accuracy, content, or policies of such third-party websites or resources. Links to such websites or resources do not imply any endorsement by Triko of those websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

6. No Liability for Technical Issues

 

Triko is not responsible for any technical issues, including but not limited to software or hardware failures, system interruptions, server downtime, or any other issues that may cause the Platform to be inaccessible or function improperly. Triko does not guarantee that the Platform will be error-free or uninterrupted.

 

7. No Refunds for Bidding and Success Fees

 

It’s crucial to clarify that Triko does not provide refunds for any bidding fees or success fees, regardless of whether a service provider secures a client through a winning bid or not. Our fee structure is centered around the process of connecting clients with service providers. The act of bidding is a service facilitated by Triko, and the outcome, be it a successful match or not, is a part of the inherent nature of our platform.

 

8. Limited Responsibility for Service Execution and Quality

 

Triko wants to emphasize that our responsibility is strictly confined to connecting clients with service providers. We do not assure or guarantee the execution or quality of services provided by the service providers. The outcome and satisfaction with the service provided are the sole responsibility of the engaged service provider. Triko acts as a conduit for these connections, and the success or quality of services is beyond our direct control.

 

9. User Feedback as a Crucial Component

 

Recognizing the dynamic nature of service transactions, Triko encourages every client to actively participate in the post-service process. We urge clients to rate, review, and comment on the services they receive. This feedback not only enhances transparency within the community but also serves as a valuable resource for other users in making informed decisions. Triko considers user feedback as an integral part of the platform’s evolution and a means to foster trust and accountability within our community.

 

10. User Responsibility and Post-Service Feedback

 

Triko users play a vital role in shaping and enhancing our community. As we connect clients with service providers, it is imperative that users understand and accept their responsibility in assessing service providers’ performance. The bidding process is a unique opportunity for service providers to showcase their offerings, and the outcome is determined by various factors. In light of this, Triko users are reminded that the platform does not guarantee specific results or service quality. To reinforce transparency, we encourage users to actively engage in the post-service feedback process, sharing their experiences to guide and inform others within the Triko community. Triko values this collaborative effort in maintaining a trustworthy and accountable platform for all users.

 

11. Disclaimer of Warranties

 

To the fullest extent permitted by law, the Triko Parties disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising out of course of dealing or usage of trade. The Platform and all content, products, and services included on or otherwise made available to you through the Platform are provided “as is” and “as available” without any warranties of any kind.

 

12. Exceptions and Limitations

 

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. The limitations and exclusions in this section will apply to the fullest extent permitted by law.

This Limitation of Liability clause ensures comprehensive protection for Triko by limiting its exposure to various forms of liability, covering a wide range of potential issues and interactions related to the use of the Platform.

 

13. Binding Arbitration Agreement

 

A. Agreement to Arbitrate

 

Any dispute, claim, or controversy arising out of or relating to these Terms of Use, the breach thereof, or any aspect of the relationship between you and Triko, including but not limited to your access or use of the Platform, shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This agreement to arbitrate is intended to be broadly interpreted and includes any claims arising under statutory, tort, or contract law.

 

You and Triko agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

 

B. Arbitration Procedures

 

1. Agreement to Arbitrate

By using the Triko Platform, you and Triko agree to resolve any disputes arising out of or relating to these Terms of Service, the Platform, or the Services provided by or through the Platform exclusively through final and binding arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act and evidence of a transaction in interstate commerce.

 

2. Notice:

 

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Dispute”). Triko’s address for Notice is: Trikorp, Inc., Legal Department, [insert address].

 

3. Governing Rules:

 

The arbitration shall be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAA’s Consumer Arbitration Rules, as modified by this Arbitration Agreement. The AAA rules are available at www.adr.org.

 

4. Scope of Arbitration

 

This arbitration agreement includes, but is not limited to, disputes arising out of or relating to:

  • The use of the Platform
  • The provision of Services through the Platform
  • Any claims of breach of contract, tort claims, statutory claims, fraud, misrepresentation, or any other legal theorie

5. Arbitration Procedures

 

  • Arbitrator: Arbitration shall be conducted by a single neutral arbitrator selected by agreement of the parties or, if no agreement can be reached, by an arbitration service provider approved by both parties.
  • Arbitration Rules: The arbitration will be conducted under the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider.
  • Location: The arbitration shall take place in the state of Delaware or at another mutually agreed location.
  • Costs: The party initiating the arbitration shall be responsible for the initial filing fee. All other costs, including but not limited to administrative fees and arbitrator fees, shall be split equally between the parties unless otherwise determined by the arbitrator. However, in the event that the initiation of arbitration is deemed by the arbitrator to be frivolous or without merit, the initiating party shall bear all costs of the arbitration.
  • Attorney’s Fees: Each party shall bear its own attorney’s fees and costs unless otherwise provided by law or the arbitrator’s decision.

C. Waiver of Class action

 

You and Triko agree that any disputes arising out of or related to these Terms of Service or the Platform will be resolved on an individual basis and not as part of a class, collective, or representative action. The arbitrator shall have no authority to consolidate claims of multiple individuals or to preside over any form of a representative or class proceeding.

 

1. Exceptions to Arbitration Agreement

 

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the dispute falls within the jurisdiction of such court. Additionally, Triko may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

 

2. Severability

 

If any portion of this arbitration agreement is found to be unenforceable or unlawful, such provision shall be severed from the agreement, and the remaining portions shall continue to be enforceable and in effect.

 

3. Right to Opt-Out

 

You may opt-out of this arbitration agreement by notifying Triko in writing within 30 days of your first use of the Platform. To opt-out, you must send a written notification within 60 days of your first use of the platform to Triko at [Triko’s address], including your name, address, and a clear statement that you do not wish to resolve disputes with Triko through arbitration.

By agreeing to these terms, you acknowledge that you have read, understood, and agreed to be bound by this arbitration agreement. If you do not agree to this arbitration agreement, you must not use the Platform.

 

14. Governing Law

 

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

 

1. Jurisdiction and Venue

 

Any legal action or proceeding arising under or related to these Terms that is not subject to arbitration shall be brought exclusively in the federal or state courts located in the State of Delaware. You and Triko consent to the personal jurisdiction and venue of these courts and waive any objections to the jurisdiction or venue of such courts.

 

2. Applicability in Non-Arbitration Matters

 

In the event that any dispute or claim arising out of or relating to these Terms is not subject to arbitration as outlined in the arbitration agreement, such dispute or claim shall be resolved exclusively by the courts specified above and governed by the laws of the State of Delaware.

 

3. Compliance with Applicable Laws

 

You agree to comply with all applicable laws, statutes, ordinances, and regulations of the State of Delaware and the United States when using the Platform and in any matters arising out of or related to these Terms.

This Governing Law clause ensures that Delaware law applies to all matters related to these Terms and that any disputes not resolved through arbitration will be handled in Delaware courts.

 

15. Minimum age

 

Users must be 18 years or older to use the service.

 

16. Limitation of service

 

Triko provides a platform for various services but does not employ the Service Providers who use the platform. Service Providers are independently responsible for complying with all applicable laws, regulations, and professional standards relevant to their services.

 

17. Account security

 

Users are responsible for maintaining the confidentiality of their account credentials, including their username and password. Users must immediately notify Triko of any unauthorized use or breach of security related to their account.

 

18. Submissions of reviews

 

Users submitting reviews on the Triko platform must ensure that their reviews are based on actual personal experiences, accurate, and meet the publication criteria established by Triko. Reviews should be constructive, respectful, and adhere to the community guidelines set forth by Triko.

 

19. Your conduct

 

Users agree to adhere to all guidelines and policies provided by Triko. This includes submitting truthful and accurate reviews, refraining from engaging in any prohibited activities, and respecting the rights and dignity of other users on the platform. Prohibited activities include, but are not limited to, harassment, fraud, and any illegal actions.

 

20. Modifications of terms and conditions

 

Triko reserves the right to modify these terms and conditions at any time, with notice provided to users. Continued use of the platform following the posting of any changes constitutes acceptance of those changes. Users are encouraged to review the terms periodically.

 

21. Modification, limitation, and discontinuance of service

 

Triko may limit, modify, or discontinue the platform or any services offered through it at any time, with or without notice. Triko shall not be held liable for any damages or losses resulting from such changes, limitations, or discontinuations.

 

22. Delays

 

Users acknowledge that the platform may experience delays or interruptions. Triko is not responsible for any issues or damages that arise as a result of such delays.

 

23. Notice for California users

 

In compliance with California law, residents of California are entitled to specific consumer rights, including the right to request information about the categories of personal information Triko collects, the purposes for which this information is used, and the rights to request deletion of personal information. For more detailed information about these rights and how to exercise them, please refer to our Privacy Policy or contact our customer support.

 

24. Copyright materials

 

All content and materials available on the Triko platform are protected by copyright law. Users must respect these rights and are prohibited from using, copying, or distributing any copyrighted materials without proper authorization. Unauthorized use of copyrighted materials may result in termination of access to the platform and potential legal action.

 

25. Entire agreement

 

This agreement constitutes the entire understanding and agreement between the user and Triko regarding the use of the platform and services provided. It supersedes all prior or contemporaneous agreements, understandings, representations, and communications, whether written or oral, concerning the subject matter of this agreement.

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