Resolution of Disputes
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.
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.
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.
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.