Artist Terms And Conditions
Last updated: December 1, 2019
Table of Contents
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.trifens.com website (the “Service”) operated by CASCAS (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
Trifens has been created from artists for the artists. Our website gives every individual the opportunity to sell Artwork through our platform. We encourage creativity and prompt all artists to become active members in the Art industry. In order to do something nice and appropriate demands following some rules, having responsibilities from both sides and showing mutual respect in all means.
Using our website evidently means that you are accepting the following legal agreement and in case that by any reason you do not agree with any of the below Terms and Conditions you should not use this website. We strongly suggest you contact us immediately if something is not completely clear and you might need some clarifications.
This is one long, boring text, we know! But the MOST IMPORTANT ONE, in every website, which makes it mandatory to read carefully and understand in all means. In this statement we elaborately explain what we legally expect from anyone who decides to become a member of this huge family and take advantage of all the benefits that we can provide.
The Terms and Conditions that are described in this document bind legally the Artist/User and this Website. Here you will read about your legal responsibilities and rights as User/Vendor which arise by publishing your work online. It is your obligation to determine that you are not breaking any laws by publishing your artwork using this website.
2. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of [email protected] and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages, including costs and attorneys’ fees, for misrepresenting that any Content is infringing your copyright.
3. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Trifens and its licensors. The Service is protected by copyright, trademark, and other laws of both the Cyprus and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Trifens.
If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information, relevant to your Purchase including without limitation, your credit card number, the expiration date of your credit card, your billing and shipping information.
You represent and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct, updated and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your Purchases.
We reserve the right to refuse or cancel your order at any time for any reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
5. Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the platform. The products or services available on our website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
6. Contests, Sweepstakes and Promotions
7. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Trifens. Trifens has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked websites, the products or the services that may be offered or obtained through them. Our links to other websites should not be constructed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics materials, products, services referred to or contained on those linked websites unless and to the extent we may explicitly stipulate to the contrary on the services.
You further acknowledge and agree that Trifens shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We are not responsible for the content or privacy associated with linked websites, and it is your responsibility to review those policies before accessing those and any other website for your own safety. If you access linked websites, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We are constantly trying to create a friendly environment and bring our website closer to all users. In order to follow a legal route but keep it easy to use and accessible from everyone at the same time we might modify the rules, policies and procedures of this agreement from time to time.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have signed up (agreed to our Terms and Conditions) either as an Artist or a customer to receive notifications from us, you will receive a notice about any amendments or updates related to these rules, policies or procedures linked to the services we provide and the use of our website. The changes will take effect by the moment we will post them on our website and all users will be notified with an email sent to their registered email address with Trifens.
Useful information about changes will be displayed on our home page or at my profile page.
This will give you the opportunity to decide whether you desire to continue the collaboration with us or not. You have the responsibility to review, read and understand the amendments, either way if you continue using our website we will consider that you have accepted and agreed to the new or updated Terms and Conditions, policies and rules of our website.
9. User Conduct
Artists and customers both have certain rights when using our website and its services, obvious perhaps but still needs to be said. It is your responsibility to ensure that the content of all clauses included in our Terms and Conditions of use, policies, rules and other legal documents are completely clear and fully understood before you accept them. Our general idea is to use common sense and do not be mean or harass anyone. If you wish to use Trifens services to facilitate marketing and sale of your art on a physical product and to arrange for manufacture of your product once an order has been made through this website. Trifens will provide these services on the terms set out in this Services Agreement. As long as you comply with these Terms and policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the services solely for their intended purpose.
Acting as independent contractor under your instructions in relation to the performance of marketplace services, Trifens will market to and obtain orders from customers for the purchase of your products over this website and on instruction from you. We will provide the services pursuant to this agreement and arrange for third parties to fulfil those orders facilitating payment for and manufacture of your products until termination in accordance with these Terms. You as a vendor/store are responsible for the delivery of your products as per customer’s instructions whilst Trifens capacity is one of independent contractor in relation to the Services. It acts as your agent specifically in relation to the sales transactions between you and the buyer of each product. However, you agree that Trifens is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to your products.
You agree to abide by these Terms and our policies while using the Services and interacting with other users. Trifens is founded on respect for others, and we take this extremely seriously and by accepting these Terms you agree that you will not, either directly or indirectly transfer your account or account information to another party without our prior consent. You shall not create deceptive accounts, post artwork, descriptions or content that violates our community standards as determined by us in our sole discretion below in these Terms and Conditions Agreement. You are not allowed to use by any mean any content that you do not have the right to make available under any law or other than your own without the owner’s express written permission. You can not post anything inappropriate, inaccurate, deceptive or infringes a third party’s intellectual property rights. You also agree not to harass or harm anyone or collect other user’s information and finally you agree not to upload any content with unauthorized advertising, promotional materials, junk mail, spam and chain letters, pyramid schemes, any other form of solicitation, use of any robot, spider, scraper, distribute viruses or harmful technologies of our or our users property which contain adware, malware, spyware, software viruses or any other computer code, or other automated means to access the Services for any purpose without express written permission.
For any further clarifications, if you have any questions, if something is not completely clear and you have doubts, we would like to help, so please contact us here. Please find below a more detailed analysis about your rights and limitations as user or vendor in our website.
Trifens brings people together through Art and enables every Artist member to advertise and sell their unique products to all the customers which might be registered members or just visitors. We can only provide our services to, and may only be used from, individuals who have completed their eighteenth (18th) year of age and above. By accepting these Terms, you confirm that you have at least eighteen (18) years of age. If you are entering on behalf of a company or other legal entity you must have the authority to bind that legal entity. If you do not meet any of these requirements or do not agree to any of our Terms and Conditions, you may not use this website.
11. Becoming a Member – Account Creation
In order to become a member in our website you need to create a profile and register by setting up a password and a profile name, to do so you must be older than eighteen (18). Selling artwork without creating an account first, is not possible. You must become a member before placing any content in the website, including reviews or writing comments to other user profiles. Create your account and upload your creations to start selling and using our platform. When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
For the creation of your account you will have to use your true name firstly, but later you can choose an appropriate nickname that you like for your store or profile. Be innovative and choose the name that you prefer but keep in mind that Trifens might refuse any usernames that it decides are inappropriate and can refuse anyone from becoming a member. Inappropriate or fake names that impersonate another person will not be accepted and you are not allowed to use someone else’s account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
It is illegal to use false information or impersonate another company or person for the creation of your account, so please provide ONLY accurate information for yourself and your products. If other users find out that the information you have included in your profile is false or misleading, they can sue or report you. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed.
Same documents can only create ONE (1) account unless there is a good reason to cancel the previous one and create a new one. Accounts are not transferable unless you contact Trifens first and explain all the reasons for this move. You cannot use offensive, vulgar language or infringe anyone’s rights or property. You are exclusively responsible for everything that happens through your account, even if someone else is using it. If you are sharing the same account with other people, then the person’s whose billing information is on the account is responsible for any activity that happens through this specific account.
Please keep your password secure and contact us IMMEDIATELY in case you have lost it or you think that it has been stolen. Trifens has the right to ask you to change your password if for any reason we believe that is no longer safe, we also suggest you change your password from time to time. By accepting our Terms and Conditions you agree to notify us immediately in any case of unauthorized use of your account. We will not be liable of any loss that might occur, but you will be liable for our losses or losses caused to others by any unauthorized use through your account. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
12. Account Termination / Suspension
Although we would not like it, you have the right to terminate your account at any time you wish to. If you do so, you will not be anymore able to use our platform and you will not get benefited anymore from our services.
12.1. Termination / Suspension of your account (By you)
You can terminate your account from your dashboard page, ONLY if you have not any pending orders or payments. All outstanding bills and orders should be settled before giving us a notice of termination. Termination notice should be given at least fifteen (15) days before closing your account, and by the day you give us the notice you authorize us to complete any pending transactions or transactions in progress related to your products. Termination will take effect only when all your transactions have been completed.
Excepting that your account has been terminated for a breach of our policies or our Terms and Conditions you will get paid in the ordinary course, and any money owed to you will be given through the termination of your account. Upon termination, your account will be suspended, and your artwork and content will be removed within the next forty-eight (48) working hours. Trifens has the right to retain copies of your account information, content and products in our archives for legal purposes and internal business.
12.2. Termination / Suspension of your account (By Trifens)
Trifens reserves the right to give notice or not, of termination or suspension of your account at any time and if we do so you will no longer have legal right or access to our platform services. We may refuse our services at any time, for any reason to anyone, and if you or Trifens terminate your account you may lose any information associated with your account. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
By accepting our Terms and Conditions you acknowledge and agree that under certain circumstances, we may access, retain and disclose your account information, content and products. If required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to respond to a legal notice, to your customer’s service, accomplish these Terms, comply with legal process or to protect the rights, property and safety of our company, other users or the customers.
We will terminate your account if you violate ANY of our Terms or policies with or without notice immediately and we will have no liability to you for any damages, loss of profits or other claims proceeding from the termination of your account.
Click here to contact us if you believe that your account has been erroneously terminated or suspended, and we will investigate more and try to help you if that has been the case.
13. Products and Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Any information, content, product or artwork uploaded or posted by you in this website is yours and you keep and own the copyright and all rights of it. You are solely responsible for ANYTHING you upload and we do not have any or will make any claims to it, so you must secure that you are not violating or infringing any third party’s rights by uploading on Trifens. You represent and warrant that the Content is yours, you own it, or you have the right to use it and grant us the rights and license as provided in these Terms, and the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
In order to get benefited and use Trifen’s services you grant us a worldwide, non-exclusive royalty-free, irrevocable assignable license with right of sublicense, to use and archive, publicly display and perform, publish, reproduce, modify, and distribute your content and artwork in any format now known or later developed for the purpose of promoting your artwork and content in accordance with or as reasonably contemplated by this agreement.
By accepting this agreement, you allow us to provide our services and promote your store in any format through any channels or third-party website or advertising medium or experts. If you do not wish to have your artwork displayed and sold through wholesale partners, third party affiliates or retailers please contact us and we will delete your products from the services between fifteen days (15), during which we have the right to sell any products bearing your artwork.
13.1. Submitting or Uploading Content on the website
When you submit or upload content on this website you are entirely responsible and you represent a warrant that YOU and NOT Trifens own or have obtained all required intellectual property and other rights in your artwork or content, including without any limitations the right to manufacture, distribute, display, reproduce and sell products that include your artwork. The content and products you upload will not infringe the intellectual property, moral or other rights of any person or entity, including trademark, copyrights, patent or rights of privacy or publicity.
13.2. Artwork and Content License
We like to think we have an artistic sensibility and see the human form as an entirely acceptable source of creative inspiration, nonetheless all images containing nudity should be marked as mature when uploaded. We reserve all the rights to not permit any content that violates these Terms or our policies, or for any reason at all, so please use your best judgment.
By submitting or uploading content on this website you represent a warrant that:
- Your content and artwork do not contain false, inaccurate, misleading, incomplete, defamatory or libelous, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable material.
- Does not contain material that defames or vilifies any person, races, people or religious group.
- The content you upload is accurate, not misleading or deceptive and does not offer or disseminates fraudulent services, schemes, promotions or counterfeit goods.
- The content you upload does not include malicious codes, including but not limited to viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any program, system, data and/or personal information.
- You own all intellectual rights in the content and artwork you submit and upload or you have obtained all copyrights, trademark and publicity rights and/or other rights required for you to make this content available through the services of our website to manufacture, distribute and sell products and grant us the rights granted to it in these terms.
- Your use of this website will comply with all applicable law, rules and regulations.
We respect all intellectual property rights so unauthorized content will be reported and removed from our website. All relevant legal procedures will be followed for the infringing content to be removed from our platform and services. Furthermore, misleading, false or inappropriate information are unacceptable, and you agree not to post such content that is abusive, threatening, vulgar, or by any mean offensive to any legal or social rules.
The artists submit, publish, post or display content in form of images, photographs, pictures, designs, data, text, video, messages, graphics or other materials for sale through Trifens. We are not responsible for examining or evaluating artwork or content even that we reserve the right to do so and generally do not prescreen either content or artwork. Because of that you acknowledge the possibility of getting exposed to content you might consider objectionable, indecent or offensive.
Trifens reserves the right to review and remove ANY content from the website or even terminate or suspend your account when the content you have uploaded breaches your agreement with any applicable laws or us. Finally, you agree to indemnify Trifens in respect of any direct or indirect damage caused due to this breach of one or more of these warranties.
14. Damaged Products
A customer has the right to tell us if a damaged product is delivered, explaining about the nature of the damage and all the necessary details including photos or videos. Items might be partially or destroyed, cracked or with some parts missing.
Trifens will contact the Artist/Vendor immediately and investigate about the damage. After receiving reasonable proof of any kind of damage the Artist/Vendor must issue a replacement copy, if possible, to the customer or a full refund. The customer must return the product as a condition to arranging a new product or other remedy. We will then arrange for a new product to be sent, if possible, with the cost on the Artist/Vendor between fifteen (15) days.
All sellers have the responsibility to verify the quality of the items they are selling. We do not guarantee that all product descriptions, photographs, images, pricing and other information presented in our website are accurate, complete and error – free. It is also the seller’s responsibility to give exact descriptions of weight, size and dimensions. Orders that contain mistakes or fake descriptions might be reported from customers and we have the right to terminate accounts that present fake information.
15. Taxes, Shipping and Delivery
When a customer finalizes an order with one or multiple stores on Trifens, the purchased items must be packaged and shipped directly by each store. The seller has the responsibility to include shipping charges in the final price and indicate the estimated time of arrival to the customer. Shipping charges vary depending upon the size, weight and price of the product. If a customer buys items from multiple stores, a separate order will be created for each store and each order will be sent to the customer in a different package.
Delivery must be facilitated pursuant to the customer’s instructions and billing information by postal or courier service and will be included in the indicated retail price at the time of purchase, which includes tax shipping and other costs (If applicable, VAT must be included in the purchase price). The estimated delivery date must be displayed on the page of each product but can vary significantly between personalised or made to order products which take significantly longer time to be produced. Delivery must be endeavored all orders on time. Any delay or shipping problems arriving from our shipping providers are not our or any of our collaborators fault.
Each vendor is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related to accounting or audit requirements arising out of, incidental to, as a result of, or in connection with obligations under this Agreement. We recommend that you consult with a tax advisor as to the application of taxes for you as a seller. This may include Sales Tax, VAT, GST and other transactional taxes. We will not collect or pay taxes on your behalf as we are merely acting as a facilitator of the sale of your products to the customers. As mentioned above the amounts distributed to you will be deemed to be inclusive of any taxes if applicable and you will be at all times solely responsible for reporting and remitting any tax liabilities arising out of the sale of your products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance. All tax-related reporting responsibilities by you to relevant tax authority are completely your responsibility.
In the event that we are temporarily unable to ship to you a purchased item because of any of the below events, we will give you the option of deferring shipment or receiving a refund of your charges. We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from any weather conditions or other elements of nature or acts of God, acts of war, terrorism, insurrection, riots, civil disorders or rebellion, quarantines or embargoes, labor strikes, or other causes beyond our reasonable control.
Trifens is based in European Union and for certain items and countries, especially those that are outside Europe, local country taxes/charges may be incurred. These taxes are responsibility only of the customer and not Trifens or its collaborators.
16. Returns, Exchange, Cancellation and Refund Policies
We would love to, and we we promise to try our best, but can not always guarantee satisfaction to the customers with all the products purchased. A customer can easily process a return, replacement or exchange if is not completely contented with the order. All products sold on Trifens excluding non-returnable and personalized items can be returned from the customer and refunded by the Artist – Seller. The return request of the product must be submitted within fifteen (15) days, specifying the reason or reasons of the return, the name of the shop and item, from the day which the customer has collected the order.
We comply with the applicable laws and regulations with respect to returns, exchanges and refunds in your jurisdiction. As soon as you receive the returned item and confirm that it has arrived in the original condition you can process the refund. A confirmation will be sent to us from the customer once the refund is fulfilled. Contact our support team here if you want to know more or visit our Returns Policy for the customers and learn how and why a return request can be submitted.
17. Artist’s Payments
Our vision is to encourage young, upcoming artists to be involved in the immense world of Art commerce by promoting their work through our website. This is the key point of Trifens, however violating our Terms and Conditions or any of our policies, we reserve the right to terminate anyone’s account and any pending payments will not be fulfilled. If your account is terminated due to violation of this agreement you will not be eligible to receive any pending payments and we have the right to require reimbursement of any shares paid to you while you were in breach of this agreement.
When an order is placed for your products you will receive an email, to the email address you have registered with, including all the necessary details of the order. For every product sold through your store you will receive your share. Once an order has shipped it will appear in the artist’s profile as a pending transaction. You can view your pending transactions on the Artist’s Dashboard or by clicking here. For this share to appear in your account and become available for withdrawal within thirty (30) days, the customer has to confirm the successful delivery of your item.
For any sale through our website you will be paid in Euros, unless otherwise stated or agreed upon in writing. You are responsible for paying all applicable taxes, shipping costs and PayPal fees associated with your sales. All Artists shares are paid via PayPal (the simpler, safer way to pay and get paid). Please note, there is a clearance period of approximate thirty (30) days for each transaction from the time of shipment wherein the artist will be paid via the PayPal account used to register their profile with Trifens.
By accepting this agreement, you authorize Trifens to collect, hold and distribute the retail price from customers and deduct the base amount which includes Trifens margin for facilitation services, including tax where applicable from the sales proceeds for your products before distributing your margin which will include tax where applicable. We may set payment amount threshold amounts in relation to a month or other time period, and where the payment amount does not exceed any applicable threshold for the relevant period, we may choose to postpone your payment until the threshold is exceeded.
It is your responsibility to ensure we have all the current details of your postal address, PayPal or bank account details. We will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to twelve (12) months from the payment date. If you have not notified us of any amendment to the payment method details in that time your margin proceeds will be forfeited to Trifens or donated to a charity of our choice.
The retail price charged to customers must include all your costs, shipping, taxes, PayPal share and our website’s share which will be an indicative amount of just 10% of the RETAIL PRICE. You are responsible for the correct calculation of all the costs plus the earnings you desire to have out of each item sold. Choose your desirable earnings amount, then include Trifens fee, any relevant Tax fees such us VAT, GST and Sales Tax, shipping costs and PayPal share altogether in order to decide your final retail price. The retail price can not change after a customer has submitted an order to our website.
Items purchased from the website are manufactured pursuant to arrangements with third party suppliers under your instructions. This means that title and risk for loss for such items pass from you to the customer without passing through us prior to the items being delivered to the customer under the customer’s instructions.
If for any reason you believe that any shares have been erroneously withheld from you or your account has erroneously been terminated, please contact us and we will proceed to further investigations. Finally, if you feel that you have not been treated fairly, visit our Resolutions of Disputes section here.
If Trifens gets sued for any reason caused by you or arises directly or indirectly from your actions and use of this website, you agree to indemnify, defend and hold us, our agents, directors, officers, employees, subsidiaries, joint ventures and representatives harmless, as well as all third parties printing, manufacturing and/or in any way fulfilling the products you are selling through the website, their directors, officers, employees, subsidiaries, joint ventures and representatives harmless from and against any and all claims, demands, costs, liabilities, losses, expenses and fines including but not limited to, reasonable attorney’s fees and other professional fees, costs of investigation or other expenses that arise directly or indirectly from or in any way related to:
- Your activities connected to this website.
- Your or anyone using your account, breach of any clause of this agreement, policies or Terms and Conditions.
- Your artwork, content or use of our Services, including without limitation your sale of any products.
- Any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property and/or rights of any third party.
- Your violation of the law or any rights of any third party including without any limitations any intellectual privacy or property rights.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person and you may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us.
19. Resolution of Disputes
19.1. Informal Resolution - Mutual Agreement to Arbitrate
Let us know as soon as you have a grievance with us, and we will do our very best to resolve it. Our aim is that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those moments, we commit to work with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any issue or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, contact us here to describe the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty days (30) after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed by us or through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third parties on an individual basis in a court located in the Republic of Cyprus. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Arbitration Law Cap. 4 and Cypriot arbitration law apply to arbitrations under this Agreement to Arbitrate, despite any other choice of law provision. As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to district courts, if the claims qualify for such a hearing.
Please read this agreement carefully to understand your rights. By choosing arbitration, you and we agree to the fullest extent permitted by law, unless you or us opt-out, we agree that all such claims will be arbitrated on an individual basis and not as a proposed class action. Whether or not you or we opt out, you are giving up a right to a trial by court and you and we understand that discovery and appeal rights are more limited in arbitration. The arbitrator, and not any local court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, enforce-ability, applicability, or formation of these terms and this agreement to arbitrate, including but not limited to, any claim that all or any part of these terms or this agreement to arbitrate is void or voidable.
19.2. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Cyprus where you agree to resolve any disputes. You and we expressly agree that any claim or dispute must be resolved exclusively by a court or by arbitration located in the Republic of Cyprus, except as otherwise mutually agreed by the parties. All disputes relating to this User Agreement or to your use of any part of Trifens services will be exclusively resolved under confidential binding arbitration, no matter where you live in the world, governed by the laws of European Union and the Republic of Cyprus from which the district courts will have jurisdiction over all matters, without regard to conflicts of law principles. You and Trifens agree that any cause of action arising out of or related to our website, including but not limited to any services provided or made available therein, or this Agreement must commence within one (1) year after the cause of action arose otherwise, such cause of action is permanently barred.
We may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Trifens agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. These Terms shall be governed and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
19.3. Disputes with Others
If you have a dispute with one or more Trifens users, sellers or customers we encourage you to contact the other party and try to resolve the dispute in a friendly way. If you are not able to resolve any difference related to our website, we will try to help you at our discretion, resolve any disputes in all good faith without making judgments regarding legal issues or claims. In any case you release Trifens and Trifen’s officers, agents, subsidiaries, directors, joint ventures, collaborators and employees from any claims, demands and damages, consequential and actual, of every kind of nature, known and unknown, arising out of differences or in any way connected with such disputes with other users or parties.
19.4 European Claims
If you are from a member state of the European Union and purchased products, the European Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
For users based in Europe, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR’s rules are available at https://www.icdr.org.
20. Warranties, Waivers and Disclaimers
The idea of Trifens family is to provide the best and easiest to use platform for all users. Although it takes a lot of hard work to keep everything working, sometimes things could go wrong. We do not represent or guarantee that our services, this website or any other website that is accessible using a hyperlink from our website will be free from any defects, errors, viruses or other harmful materials. You are using our services completely at your own risk and we do not guarantee that access to these services or websites will not be interrupted. You also acknowledge this website or services may be affected by faults, delays or outages which might be caused by factors including technical difficulties with operation or performance of our equipment, systems, technical difficulties with internet traffic or infrastructure difficulties, of our or another person’s software.
We do not warrant that any member’s uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we choose in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame. We do not accept responsibility for any loss or damage, however caused, that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
You assume all risks associated with your use of services and you understand that these services are provided “AS IS”, “AS AVAILABLE” without any kind of express or implied warranty and with all faults. We cannot guarantee continuous or secure access to or that the services will be error free or that all transactions will be completed. Various factors beyond our control may interfere with our services. To the extent legally permitted, we disclaim all implied and express warranties, Terms and Conditions, including but not limited to any implied warranties of title, merchant-ability, quality of information, non-infringement, quiet enjoyment or fitness for a particular purpose as well as any warranties implied by a course of dealing, performance or usage of trade.
The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, non-infringement or course of performance. Trifens its subsidiaries, affiliates, and its licencors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: If the breach is related to goods of a vendor the vendor must, replace or repair the goods or supply equivalent goods, or take on the payment of the cost of replacing, repairing or acquiring equivalent goods. If the breach is related to services of a vendor, the vendor has to take on the payment of the cost having the services supplied again or supply the services again.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. To the fullest extent permitted by applicable law, you hereby waive any equitable or legal rights or remedies you have or may have against us with respect to any activities, content, artwork, actions or inaction’s of any third party in connection with the services, including without limitation, any illegal, defamatory, offensive or unauthorized conduct by any users.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force. This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
21. Limitation of Liability
To the fullest extent permitted by applicable law, we and our employees or directors will not be liable for indirect, special, punitive, exemplary, consequential, or any other damage whatsoever, including but not limited to any loss of money or profits, goodwill, data, artwork, content or reputation, or any property damage or personal injury without regard to the form of action including but not limited to, contract, negligence, or other tortious actions, arising out of or in connection with your use of these services or Terms and Conditions, even if we have been advised of the possibility of those damages. You waive any and all claims, now known or later discovered, that you may have against us arising of your use of the services.
In no event, regardless of the previous paragraph if we found to be liable, our liability for any damages to you or to any third party is limited to one hundred euros (€100). Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In such jurisdictions, the scope and duration of our warranties and the extent of our liability will be the minimum permitted under such applicable law.
In no event shall Trifens, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort including negligence or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You acknowledge that any agreement you make with another party through the Services is strictly between you and that party and we are not a party to that agreement. If a buyer thinks that they have legal claim about a product they purchased, it must be brought against the vendor of the specific item. If you have a dispute with another party, you hereby release us and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, liabilities, demands and damages, actual and consequential of every kind and nature, known or unknown, arising out of or in any way connected with that dispute. Because of the above you release Trifens from ANY claims connected to products sold through our website, including for defective items, misrepresentations, or items that caused physical injury.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms, our rights and obligations under them upon notice to you in accordance with the notices provision. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights. These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter these Terms.