THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH TREPR, LTD. OFFERS YOU ACCESS TO THE TREPR PLATFORM.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, TRAVELERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE COUNTRIES AND JURISDICTION. TRAVELERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING THEIR TRAVEL SERVICE INTEREST IN TREPR.
"User" means a person who completes Trepr's account registration process, including but not limited to Travelers and Seekers, as described under "Account Registration" below.
"Seeker" means a user who requests People, Package and/or Product services from Traveler via the Site, Application or Services, or a user who consumes such services by Listing his/her Travel service needs.
"Traveler" means a user who creates People, Package and/or Product services Listing via the Site, Application and Services, or a User who provides such Travel services.
"Listing" means Travel services that are listed by a Traveler/Seeker via the Site, Application, and Services.
"Travel Service" means the collective term of People, Package and Product services.
"User Content" means all content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing or User profile to be made available through the Site, Application or Services.
"Trepr Content" means all Content that Trepr makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding User Content.
"Collective Content" means User Content and Trepr Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Listing" means Travel services that are listed by a Traveler/Seeker via the Site, Application, and Services.
"People Service" means a service for persons who want to travel different places in the world if someone accompanies them. Some of the common reasons are they travel for the first time, can't go to a new place without assistance, not aware of travel formalities/procedure, unfamiliar about travel etiquettes/culture of new place, uneasiness/not accustomed to multiple transits in between source and destination, find hard to handle luggage alone and/or simply can't speak the local language or converse with authorities if issue arises at the time of travel. This service helps people to travel anywhere accompanied by a traveler, who travels on that route and wishes to accompany people, rather than every time accompanied by their loved ones or beseech known people for travel needs.
"Package Service" means a service for packages that need to be transported to different places in the world only through postal, mail, courier or taken with person, who possess them, with exorbitant cost spent. People don't always prefer to send much needed, but low priced, items through postal for a charge more than the actual item's worth. This service helps packages delivered by a traveler, who travels on same route and wishes to carry package, rather than every time packages wait for its possessor or seek known person to carry and to reach their destination.
"Product Service" means a service for people who want to purchase products that are available in other countries and transported to different places in the world only through postal, courier or mail with exorbitant cost spent and undergoes enormous delay to reach destination due to custom & excise checks at imported country. Thus, people don't always prefer to buy much needed products through international online websites. Instead, this service helps people to get their products purchased in a remote location by a traveler, packed & carried in travel and delivered at the destination rather than people travel to the other places spending their time, effort and cost.
"Passenger" means persons who are transported/accompanied by Traveler from origin to destination as part of people service.
"Package" or "Baggage" or "Goods" or "Items" or "Commodity" means things which are carried, transported and delivered by traveler from origin to destination as part of package service.
"Products" means things which are purchased, carried, transported and delivered by traveler from origin to destination as part of product service.
"Concierge" or "Tasks" or "Activities" means work that is performed by Traveler as part of product service.
"Service Request Period" means the time period starting from the time when a Travel service is requested by a Seeker/Traveler, within which a Seeker/Traveler may decide whether to confirm or reject that request, as stated on the Site, Application or Services. Different Travel service request periods may apply in different places (as determined by Trepr in its sole discretion).
"Escrow Payment Service" means a contractual arrangement in which Trepr (third party) receives and disburses money or documents for the primary transacting parties (Seeker and Trepr), with the disbursement dependent on conditions agreed to by the transacting parties, or an account established by a Trepr for holding funds on behalf of the Trepr's principal until consummation or termination of a transaction; or, a trust account held in the Seeker's name to pay obligations.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and service taxes (GST), and fees that services provider/Trepr may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
These terms of Travel service constitute a legally binding agreement (the "Agreement") between you ("you," or "your") and Trepr, Ltd. ("Trepr," "we," "us" or "our"), a UK corporation, governing your use of the Trepr application, website, and technology platform (collectively, the "Trepr Platform").
The Trepr Platform provides a marketplace in which persons who seek Travel services such as people, package and product ("Seekers") can be matched with persons who are interested to serve those Travel services ("Travelers"). Seekers and Travelers are collectively referred to herein as "Users" and each User shall create a User account that enables such User to access the Trepr Platform. For purposes of this Agreement, the services provided by Travelers to Seekers that are matched through the Platform shall be referred to collectively as the "Travel Services".
YOU UNDERSTAND AND AGREE THAT TREPR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRAVELERS OR SEEKERS, NOR IS TREPR A TRANSPORTATION AGENT, TRANSPORT SERVICE PROVIDER, COURIER COMPANY, POSTAL AGENT, GOODS TRANSISTOR OF ANY TYPE, TRANSPORTER, RECEIVER OF GOODS, SENDER OF GOODS, INTERMEDIATE STORER OF GOODS, PERSONAL ASSISTANT, LABOR, WORK CONTRACTOR, CONCIERGE SERVICE PROVIDER, AGENT OR INSURER. ALSO TERPR HAS NO CONTROL OVER THE CONDUCT OF TRAVELER, SEEKER, SENDER OR RECEIVER AND OTHER USERS OF THIS WEBSITE, APPLICATION AND SERVICES OR ANY TRANSACTIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. IT IS UP TO THE TRAVELER TO DECIDE WHETHER OR NOT TO OFFER A TRAVEL SERVICE TO A SEEKER CONTACTED THROUGH THE TREPR PLATFORM, AND IT IS UP TO THE SEEKER TO DECIDE WHETHER OR NOT TO ACCEPT A TRAVEL SERVICE FROM ANY TRAVELER CONTACTED THROUGH THE TREPR PLATFORM. ANY DECISION BY AN USER TO OFFER OR ACCEPT TRAVEL SERVICES ONCE SUCH USER IS MATCHED THROUGH THE TREPR PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. EACH TRAVEL SERVICE PROVIDED BY A TRAVELER TO A SEEKER MAY CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we may notify you by, at a minimum, revising the "Last Updated" date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Trepr Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Trepr Platform or the Services.
These terms expressly supersede prior agreements or arrangements with you. Trepr may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Travel services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
The Trepr Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Trepr Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
The Site, Application and Services can be used to facilitate the listing of travel services and transportation services of flight such as status, booking, notification and cancellation. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to make a Travel service request or create a Listing, you must first register to create a Trepr Account (defined below).
As stated above, Trepr makes available an online platform or marketplace with related technology for Seekers and Travelers to meet online and arrange for travel service requests directly with each other. Trepr is not an owner or provider or operator of transport, postal or concierge services including, but not limited to Flight, Cruise, Train, Bus, Car, Containers, or travel agent or ticketing agency or transportation authority or individual contractor. Unless explicitly specified otherwise in the Trepr platform, Trepr's responsibilities are limited to: (i) facilitating the availability of the Travelers for Travel, Package & Concierge Services and Application and (ii) serving as an intermediary or limited payment collection agent of each Traveler for the purpose of accepting payments from Seekers on behalf of Travelers for Travel service rendered.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website, Application, Services and Content. In connection with your use of our Website, Application and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, travel, transaction, carrying, ferrying, couriering, inter-border law or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, 'scrape," 'crawl' or "spider" any web pages or other services contained in the Website, Application, Services or Content;
use the Website, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Website, Application, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Website, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of -service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Website, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Website, Application or Services in connection with the distribution of unsolicited commercial email ('sparn') or advertisements unrelated to lodging in a private residence;
'stalk' or harass any other user of our Website, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Trepr Traveler or Sender;
Offer, as a Traveler or Seeker, any transactions that you do not yourself own or have permission to.
register for more than one Trepr Account or register for an Trepr Account on behalf of an individual other than yourself;
contact users for any purpose other than asking a question related to travel services;
recruit or otherwise solicit any Traveler or Seeker or other User to join Third-Party services or Websites that are competitive to Trepr, without Trepr's prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Website, Application or Services;
use the Website, Application and Services to find a Traveler or Seeker and then complete a booking of transaction independent of the Website, Application or Services;
or post, upload, publish, submit or transmit any Content that:
a. infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; b. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; c. is fraudulent, false, misleading or deceptive; d. is defamatory, obscene, pornographic, vulgar or offensive; e. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; f. is violent or threatening or promotes violence or actions that are threatening to any other person; or g. promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Website, Application or Services to create or compile, directly or indirectly, in single or multiple downloads,
a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Website or Application, or any individual element within the Website, Services, or Application, Trepr's name, any Trepr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Trepr's express written consent;
access, tamper with, or use non-public areas of the Website or Application, Trepr's computer systems, or the technical delivery systems of Trepr's providers;
attempt to probe, scan, or test the vulnerability of any Trepr system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Trepr or any of Trepr's providers or any other Third-Party (including another user) to protect the Website, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services, Application or Collective Content to send altered, deceptive or false source identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Services, Application or Collective Content; or advocate, encourage, or assist any Third-Party in doing any of the foregoing.
Trepr will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Trepr may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Trepr has no obligation to monitor your access to or use of the Website, Application, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Website,
Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Trepr reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Trepr, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, Application or Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TRAVELERS AND SEEKERS CONNECTING AND RENDERING TRAVEL SERVICES DIRECTLY WITH EACH OTHER. TREPR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TRAVEL SERVICES. TREPR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRAVEL SERVICES. ACCORDINGLY, ANY TRAVEL SERVICE REQUESTS WILL BE MADE OR ACCEPTED AT THE USER'S OWN RISK.
In order to access certain features of the Site and Application, and to request a Travel service or create a Listing, you must register to create an account ("Trepr Account") and become a User. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Trepr Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Trepr through the Site, Services or Application; or (ii) allowing Trepr to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Trepr and/or grant Trepr access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Trepr to pay any fees or making Trepr subject to any usage limitations imposed by such third-party service providers. By granting Trepr access to any Third-Party Accounts, you understand that Trepr will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Trepr Account and Trepr Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Trepr Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Trepr's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Trepr makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Trepr is not responsible for any SNS Content.
Your Trepr Account and Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Trepr Account. You agree to provide true, accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Trepr reserves the right to suspend or terminate your Trepr Account and your access to the Site, Application and Services if you create more than one (1) Trepr Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any Third-Party and that you will take sole responsibility for any activities or actions under your Trepr Account, whether or not you have authorized such activities or actions. You will immediately notify Trepr of any unauthorized use of your Trepr Account.
The Services constitute a technology platform that enables users of Trepr's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule travel and/or logistics services with Travelers who are interested to serve, including independent Third-Party transportation providers and Third-Party logistics providers under agreement with Trepr or certain of Trepr's affiliates ("Third-Party Providers"). Unless otherwise agreed by Trepr in a separate written agreement with you, the Travel services are made available solely for your personal, non commercial use. YOU ACKNOWLEDGE THAT TREPR DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER, PACKAGE OR GOODS CARRIER, AND CONCIERGE.
Subject to your compliance with these Terms, Trepr grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Travel services; and (ii) access and use any content, information and related materials that may be made available through the Travel services, in each case solely for your personal, non commercial use. Any rights not expressly granted herein are reserved by Trepr and Trepr's licensors.
With respect to your use of the Trepr Platform and your participation in the Services, you agree that you will not:a. impersonate any person or entity; b. stalk, threaten, or otherwise harass any person, or carry any weapons or hazardous material or life-threatening tools; c. violate any law, statute, ordinance or regulation; d. interfere with or disrupt the Services or the Trepr Platform or the servers or networks connected to the Trepr Platform; e. post information or interact on the Trepr Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; f. use the Trepr Platform in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; g. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. h. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; i. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Trepr Platform; j. "frame" or "mirror" any part of the Trepr Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or k. modify, adapt, translate, reverse engineer, decipher, decompile, reverse engineer or otherwise disassemble any portion of the Trepr Platform or any software used on or for the Trepr Platform; l. reproduce, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Trepr; m. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; n. rent, lease, lend, sell, redistribute, license or sublicense the Trepr Platform or access to any portion of the Trepr Platform; o. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Trepr Platform or its contents; p. create liability for us or cause us to become subject to regulation as a transportation carrier or postal service provider or concierge service provider; q. link directly or indirectly to any other websites; r. transfer or sell your User account, password and/or identification to any other party; or s. cause any Third-Party to engage in the restricted activities above. t. register for more than one Trepr Account or register for an Trepr Account on behalf of an individual other than yourself; u. offer, as a Seeker, any Travel service that you do not yourself do or delegate it to others (without limiting the foregoing, you will not list Travel services as a Traveler if you are serving in the capacity of a service agent or listing agent for a third party); v. unless Trepr explicitly permits otherwise, request a Travel service that is not for you or that is not for people you explicitly called out at the time of making Travel service request. w. contact a Traveler for any purpose other than asking a question related to a Travel service or Listings; x. contact a Seeker for any purpose other than asking a question related to a Travel service or Listings or such Seeker's use of the Site, Application and Services; y. recruit or otherwise solicit any Traveler or other User to join third-party services or websites that are competitive to Trepr, without Trepr's prior written approval; z. as a Traveler, submit any Listing with false or misleading Travel service information, or submit any Listing that you do not intend to honor;
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
All trademarks, service marks, logos, trade names and any other proprietary designations of Trepr used herein are trademarks or registered trademarks of Trepr. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Trepr and you hereby irrevocably assign to Trepr and agree to irrevocably assign to Trepr all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Trepr's request and expense, you will execute documents and take such further acts as Trepr may reasonably request to assist Trepr to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Trepr respects copyright law and expects its users to do the same. It is Trepr's policy to terminate in appropriate circumstances the Trepr Accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please refer "Copyright Policy" section to know more details.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Trepr, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre recorded messages sent by or on behalf of Trepr, its affiliated companies and/or Travelers, including but not limited to: operational communications concerning your User account or use of the Trepr Platform or Services, updates concerning new and existing features on the Trepr Platform, communications concerning promotions run by us or our Third-Party partners, and news concerning Trepr and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Trepr Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the Trepr Platform or the Services.
Trepr may, in Trepr's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider's services, subject to any additional terms that Trepr establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Trepr; (iii) may be disabled by Trepr at any time for any reason without liability to Trepr; (iv) may only be used pursuant to the specific terms that Trepr establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Trepr reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Trepr determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Trepr may, in Trepr's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Trepr through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Trepr, you grant Trepr a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Trepr's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Trepr the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Trepr's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Trepr in its sole discretion, whether or not such material may be protected by law. Trepr may, but shall not be obligated to, review, monitor, or remove User Content, at Trepr's sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Trepr does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Traveler/Third-Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, Trepr will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider, as such Traveler/Third-Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Traveler/Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Trepr. You retain the right to request lower Charges from a Traveler/Third-Party Provider for services or goods received by you from such Traveler/Third-Party Provider at the time you receive such services or goods. Trepr will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Trepr using the preferred payment method designated in your Account, after which Trepr will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Trepr may, as the Third-Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Trepr, Trepr reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Trepr's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Trepr will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Trepr may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Except with respect to Travel services requested through the Application, Trepr does not designate any portion of your payment as a tip or gratuity to the Traveler/Third-Party Provider. Any representation by Trepr (on Trepr's website, in the Application, or in Trepr's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Trepr provides any additional amounts, beyond those described above, to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Traveler/Third-Party Provider, and Traveler will have the opportunity to rate you.
As a Seeker, you agree that any amounts charged following a service (a "Charge") are mandatory and due and payable immediately upon completion of the service. You as a Traveler, authorize Trepr to charge you an amount (as determined by Trepr in its sole discretion) for any loss/damages/harm made to Seeker or goods or related services even without your consent. Trepr has the authority and reserves the right to determine and modify pricing by posting applicable Charges to your market's Trepr Countries or Cities page. You are responsible for reviewing the applicable Trepr Cities page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. In all markets, Charges are not subject to minimum or maximum limits.a. Service Fees. Fees consist of a base price and incremental charges based on the duration and distance of Traveler's travel/effort to fulfill the request. For particularly short distances, minimum Services Fees may apply. Service Fees may be subject to a multiplier at times of high demand period ("High Demand Time") as determined by Trepr. We will use reasonable efforts to inform you of any High Demand Time multipliers in effect at the time you request a Travel service. b. Trust & Safety Fee. Trepr may assess a per-service "Trust & Safety Fee" to offset Trepr's expenses related to promoting trust and safety on the Trepr platform. Such expenses are dynamic and may or may not exceed Trepr's Trust & Safety Fee collections. Excess Trust & Safety Fee collections, if any, will be deemed general revenue. c. Cancellation Fees 1. Cancellation policies are the conditions under which Trepr will return money to a seeker upon the seeker cancelling the travel service. 2. Cancellation policies protect travelers in the event of unexpected seeker cancellations. Each listing on Trepr has a cancellation policy determined by Trepr. We strongly recommend reviewing all cancellation policies before making travel services. 3. You must agree to the Trepr's cancellation policy when submitting a travel service request. 4. If you already have an accepted travel service, you can find the cancellation policy on your itinerary. If you need to cancel your travel service, you'll be refunded according to Trepr's cancellation policy. If your traveler needs to cancel your travel service, you can choose to rebook with another traveler or to be fully refunded. 5. If you, as a Seeker, make a request but cancel it anytime 1 week before Traveler's travel or start of travel service, then you may not be charged and the amount withheld will be transferred back to your account within a commercially reasonable time. 6. If you, as a Seeker, make a request but cancel it within a week and before a day of Traveler's travel or start of travel service, then you may be charged only 10% of travel service fee and remaining withheld amount will be transferred back to your account within a commercially reasonable time, and the current travel service request will be void/cancelled. 7. If you, as a Seeker, make a request but cancel it within a day of Traveler's travel or start of travel service, then you may forfeit 50% of travel service fee and remaining withheld amount will be transferred back to your account, and the current travel service request will be void/cancelled. 8. If you, as a Seeker, make a request but cancel it after start of travel service, then you may forfeit the full travel service fee and no withheld amount will be transferred back to your account, and the current travel service request will be void/cancelled. 9. In the event that you, as a Seeker, cancel travel service request on the Trepr Platform repeatedly or frequently, or fail to support Traveler for your travel service in a timely manner, you agree to pay a full "Cancellation Fee". We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled travel services to disrupt the Trepr Platform or the provision of Services, and it is possible that Trepr will cancel your profile temporarily or permanently. 10. If a Traveler accepts your travel service request but cancels later 1 week before start of travel service, Trepr will notify you about the changes, provide alternative Travelers for your travel service and refund entire amount withheld back to your account, within a commercially reasonable time, and the current travel service booking will be void/cancelled. 11. If a Traveler accepts your travel service request but cancels later within 1 week before start of travel service, Trepr will notify you about the changes immediately and recommend alternative Travelers for your travel service with highest priority. If you pick another Traveler for the same travel service and make a request, then your contract continues else the entire amount withheld will be transferred back to your account, within a commercially reasonable time, and the current travel service request will be void/cancelled. 12. Due to any last minute changes or ticket cancellation, if Traveler accepts your travel service request but doesn't show up on the travel day or at the time of start of travel service, please let us know through Trepr application or call us directly so that we will find immediate alternative for same travel service with highest priority, provide coupons 15 - 25 % service fee for next booking and transfer the entire amount withheld to your account, within a commercially reasonable time and the current travel service request will be void/cancelled. 13. In the case of People service, if Traveler doesn't show up at the start of travel service and you make reservation or book ticket in a transport based on Traveler's itinerary, then Trepr will not be responsible or will not reimburse for the ticket booked by you because travel arrangements must be coordinated between seeker and traveler and passenger can still continue the travel with the help of another Traveler or with airlines assistance. 14. In the case of Package service, if package is not delivered at the destination because goods that are carried violate any countries/state/province policy or seized by authorities, then Trepr will not reimburse for packages or held accountable. It is your responsibility to ensure any items/goods in the package do not violate policy or restricted by any countries/state/province/authorities in any place traveler's travel. In this scenario, we will obtain seizure/violation notice/letter provided by respective authorities from traveler and help you in formalities to get them back from authorities. 15. In the case of Package service, if package is not delivered at the destination even though it clears all travel formalities, please let us know through Trepr application or call us directly so that we will transfer the entire service charges withheld back to your account, within a commercially reasonable time, and Traveler will be charged a percentage % or full fee or flat amount, for loss/damage/harm caused to property, same amount will be credit to seeker as a compensation for the loss/damage/harm incurred (NOTE: the charges or flat amount will be determined by Trepr based on the travel service requested). 16. In the case of Product service, if concierge services are not started on time and delayed without prior notice or concurrence by seeker, please let us know through Trepr application or call us directly so that we will transfer the entire service charges withheld back to your account, within a commercially reasonable time, and Traveler will be charged a percentage % or full fee or flat amount, for loss/damage/harm caused to property, same amount will be credit to seeker as a compensation for the loss/damage/harm incurred (NOTE: the charges or flat amount will be determined by Trepr based on the travel service requested). 17. In the event that Traveler cancels Travel service requests on the Trepr Platform repeatedly or frequently, or fails to support Seeker for any Travel service in a timely manner, Traveler agrees to pay a full "Cancellation Fee". We may also assess a Cancellation Fee against Travelers if we suspect that they have intentionally cancelled Travel services to disrupt the Trepr Platform or the provision of Services. 18. If you, as a Traveler, cancel a confirmed Travel service, you agree that Trepr may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Travel service reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Travel services, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Trepr Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. 19. In the event of last minute cancellation or inappropriate conduct at the time of Travel service such as failing to accompany people of confirmed reservations, deliver the package, in same condition, at the destination, product (all tasks) not completed as promised, without mutual consent from Seeker, then Traveler agrees to pay part/flat or full "Cancellation Fee". In such cases, decisions made by Trepr is final and Traveler agrees to abide by cancellation policies defined by Trepr. 20. You agree that Trepr has no liability to pay/reimburse/compensate any user for any, including but not limited to, cancellations/ losses/damages or harm caused to life and property of Seekers or Travelers. However, Trepr makes all possible attempts to settle dispute between two parties if such cases arise. Hereby, you are indicating that you have read, and that you understand and agree to be bound by these cancellation/refund terms. d. Damage to items/goods/package/products As a Traveler, you are responsible for carrying the item/goods/package in condition as asked by Seeker in good faith without using, damaging, stealing, breaking or doing any type of harm to item/goods/package, and Trepr is not liable for any damages for any loss or harm to items/goods/package. Both Travelers and Sender agree to cooperate with and assist Trepr in good faith, and to provide Trepr with such information and take such actions as may be reasonably requested by Trepr, in connection with any complaints or disputes or claims made by users relating to transactions or with respect to any investigation undertaken by Trepr or a representative of Trepr regarding use or abuse of the Website, Application or the Services. e. Damage Fee. If the package is delivered not in same condition or any damage (except minor/reasonable) happens, then Traveler agrees to pay a "Damage Fee" of up to total cost of package(s), as mentioned in the listing by seeker, carried depending on the extent of the damage (as determined by Trepr in its sole discretion), towards replacing the items or fixing. Thus, every traveler is requested to verify and confirm fair price of the goods quoted in the listing before and after accepting service request but before start of service. Trepr reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. f. Other Charges. Other fees or charges that may arise to complete product services, shall be handled by Escrow payment service. Therefore, once Traveler finishes Seeker's concierge services all the withheld Seeker's money will be transferred to Traveler. Any surcharges may apply to your service, including: actual or anticipated airport fees, state or local fees, and processing fees for split payments. In addition, where required by law Trepr will collect applicable taxes. Any tips will be provided entirely to the applicable Traveler. g. Facilitation of Payments. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Trepr may replace its third-party payment processing services without providing notice to you. Charges shall only be made through the Trepr Platform. Cash payments are strictly prohibited. h. No Refunds. Charges are assessed immediately following completion of the service to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Trepr Platform, any disruption to the Trepr Platform or Services, or any other reason whatsoever. i. As a Traveler, you will receive applicable Service Fees (net of Trepr's Administrative Fee, as discussed below) and any tips provided by Seekers to you for the Travel services you provide. Trepr will process all payments due to you through its Third-Party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize Trepr to set the prices on your behalf for all Charges that apply to the provision of Travel services. Trepr reserves the right to withhold all or a portion of service fees if it believes that you have attempted to defraud or abuse Trepr or Trepr's payment systems. j. In exchange for permitting you to offer your Travel services through the Trepr Platform and marketplace as a server, you agree to pay Trepr (and permit Trepr to retain) a fee of up to 25% (the "Administrative Fee") of the Travel service fees paid by Seekers for such Services. In certain jurisdictions, including but not limited to London or New York, you agree to pay Trepr an Administrative Fee of up to 35% of service fees to cover additional operating costs. The amount of the applicable Administrative Fee will be communicated to you via email but is subject to change on a prospective basis at Trepr's discretion. k. Trepr, at its sole discretion, may make available promotions with different features to any Traveler or prospective Travelers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Trepr.
Trepr does not endorse any User or any Travel services. You understand that Travel service Descriptions or Verified Images are intended only to indicate a photographic representation of the credibility of Users and their Travel services at the time the images were submitted, which may change from time to time. Travel service Descriptions or Verified Images are therefore not an endorsement by Trepr of any Travel services or any User. Users are required by these Terms to provide accurate information, and although Trepr may undertake additional checks and processes designed to help verify or check the identities or backgrounds of seekers or Travelers, we do not make any representations about, confirm, or endorse any User or the User's purported identity or background.
Any references in the Site, Application or Services to a User being "verified" or "connected" (or similar language) only indicate that the User has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Trepr about any User, including of the User's identity and whether the User is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to provide Travel service or to accept a Travel service request from Traveler, or to have any other interaction with any other User.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Trepr with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding any Travel service requests or Listings made by you. This limitation shall not apply to any claim by a Traveler against Trepr regarding the remittance of payments received from a Seeker by Trepr on behalf of a Traveler, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Using Trepr Platform, one user can request for a Travel service and other user can make the decision. If you are a Traveler and a Travel service is requested via the Site, Application or Services, then you will be required to either confirm or reject the request within the Travel service Request Period, otherwise the Travel service request will automatically expire. When a Travel service is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Seeker who has requested the Travel service, (ii) a link to the Seeker's Trepr Account profile page, (iii) if the Seeker and Traveler have both connected their Trepr accounts to SNS, the names of any users of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Seeker on such SNS, and (iv) an indication of whether or not the Seeker has provided other information to Trepr, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a Travel service request within the Travel service Request Period, any amounts collected by Trepr for the requested Travel service will be refunded to the applicable Seeker's credit card and any pre-authorization of such credit card will be released. When you confirm a Travel service requested by a Seeker, Trepr will send you an email, text message or message via the Application confirming such Travel service, depending on the selections you make via the Site, Application and Services.
If you are a Seeker and you receive a response for Travel service need you posted via the Site, Application or Services, then you will be required to either confirm or reject the request within the Travel service Response Period, otherwise the Travel service request will automatically expire. When a Travel service is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Traveler who has requested the Travel service, (ii) a link to the Traveler's Trepr Account profile page, (iii) if the Seeker and Traveler have both connected their Trepr accounts to SNS, the names of any users of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Traveler on such SNS, and (iv) an indication of whether or not the Traveler has provided other information to Trepr, such as a verified email address, connection to SNSs, or a government ID. When you confirm a Travel service responded by a Traveler, Trepr will send you an email, text message or message via the Application confirming such Travel service, depending on the selections you make via the Site, Application and Services.
Trepr Payments will collect the Total Fees at the time of Travel service confirmation (i.e. when the Traveler confirms the Travel service request) and will initiate payment of the Service Fees (less Trepr's Traveler Fees and any Taxes in respect of the Traveler Fees, such as VAT in Europe) to the Traveler any time after 24 hours of completion of Travel service by Traveler. The time it takes for the Traveler to receive payouts may depend upon the payout method chosen by the Traveler. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their Travel services on the Travelers, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Trepr Payments to Trepr (whether as a result of your Travel services provided or actions as a Seeker or otherwise), then Trepr Payments may (but is not obliged to) withhold the amount owing to Trepr from any payout amounts due to you as a Traveler, and use the withheld amount to set off the amount owed by you to Trepr. If Trepr Payments does so, then your obligation to pay Trepr will be extinguished to the extent of the amount withheld by Trepr Payments, and Trepr will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other Third-Party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Trepr by you. Such communication may be made by Trepr or by anyone on its behalf, including but not limited to a Third-Party collection agent.
Each Traveler hereby appoints Trepr Payments as the Traveler's limited payment collection agent solely for the purpose of accepting the Service Fees from Seekers.
Each Traveler agrees that payment made by a Seeker through Trepr Payments, shall be considered the same as a payment made directly to the Traveler, and the Traveler will make the Travel service available to the Seeker in the agreed-upon manner as if the Traveler has received the Service Fees. Each Traveler agrees that Trepr may, in accordance with the cancellation policy selected by the Traveler and reflected in the relevant Listing, (i) permit the Seeker to cancel the Travel service and (ii) refund (via Trepr Payments) to the Seeker that portion of the Service Fees specified in the applicable cancellation policy. Each Traveler understands that as Trepr Payments accepts payments from Seekers as the Traveler's limited payment collection agent and that Trepr Payments' obligation to pay the Traveler is subject to and conditional upon successful receipt of the associated payments from Seekers. Trepr does not guarantee payments to Travelers for amounts that have not been successfully received by Trepr Payments from Seekers. In accepting appointment as the limited authorized agent of the Traveler, Trepr Payments assumes no liability for any acts or omissions of the Traveler.
Please note that Trepr does not currently charge fees for the creation of Listings. However, you as a User acknowledge and agree that Trepr reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Trepr will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
The Travelers, not Trepr, are solely responsible for honoring any confirmed Travel services and making available any Travel services requested through the Site, Application and Services. If you, as a Seeker, choose to enter into a transaction with a Traveler for the Travel service, you agree and understand that you will be required to enter into an agreement with the Traveler and you agree to accept any terms, conditions, rules and restrictions associated with such Travel service imposed by the Traveler. You acknowledge and agree that you, and not Trepr, will be responsible for performing the obligations of any such agreements, that Trepr is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Trepr disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Trepr is not a party to the agreement between you and the Traveler, Trepr Payments acts as the Traveler's payment collection agent for the limited purpose of accepting payments from you on behalf of the Traveler. Upon your payment of the Total Fees to Trepr Payments, your payment obligation to the Traveler for the Service Fees is extinguished, and Trepr Payments is responsible for remitting the Service Fees (less the Traveler Fees and any Taxes in respect of the Traveler Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Trepr Payments does not remit any such amounts as described in these Terms, such Traveler will have recourse only against such Trepr entity.
The Total Fees payable will be displayed to a Seeker before the Seeker sends a Travel service request to a Traveler. As noted above, the Traveler is required to either confirm or reject the Travel service request within the Travel service Request Period; otherwise, the requested Travel service will be automatically cancelled. If a requested Travel service is cancelled (i.e. not confirmed by the applicable Traveler), any amounts collected by Trepr Payments will be refunded to such Seeker, depending on the selections the Seeker makes via the Site and Application, and any pre-authorization of such Seeker's credit card will be released, if applicable.
You as a Seeker agree to pay Trepr for the Total Fees for any Travel service requested in connection with your Trepr Account if such requested Travel services are confirmed by the applicable Traveler. In order to establish a Travel service pending the applicable Traveler's confirmation of your requested Travel service, you understand and agree that Trepr Payments, on behalf of the Traveler, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar (£1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Trepr Payments will collect the Total Fees due once Trepr receives confirmation of your Travel service from the applicable Traveler; if necessary, Total Fees may instead be collected at a later point. Please note that Trepr cannot control any fees that may be charged to a Seeker by his or her bank related to Trepr's collection of the Total Fees, and Trepr disclaims all liability in this regard.
In consideration for the use of Trepr's online marketplace and platform, Trepr charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Seeker Fees. Seeker Fees are, as noted above, included in the Total Fees. Balances will be remitted by Trepr Payments to Travelers via PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the Traveler's currency of choice, depending upon the selections the Traveler makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.
Please note that Trepr Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Trepr in currencies other than GBP or U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.
In some instances, Seekers may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed request before beginning the applicable Travel service (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed Request, then the Seeker authorizes Trepr Payments, on behalf of the Traveler, to collect the Total Fees and the Traveler agrees that such Trepr entity will initiate payouts to the Traveler, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services.
Trepr may, in its sole discretion, round up or round down amounts that are payable from or to Seekers or Travelers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest pound, dollar, euro or other supported currency); for example, Trepr will round up an amount of £101.50 to £102.00, and £101.49 to $£101.00.
Some currencies are denominated in large numbers. In those cases, Trepr may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Trepr to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Some Travelers may pledge to donate a portion of the funds they receive from confirmed Requests made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Traveler does in fact make the donation he or she pledged to make. In such cases, the Traveler in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our Travelers, or to withhold taxes from payouts to Travelers, or both. For instance, HMRC regulations stipulate that we must collect a PAYE forms: P45, P60, P11D from UK Travelers, (IRS Form W-9 from US Travelers), and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Travelers. You as a Traveler are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Traveler fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Traveler and you fail to provide US government with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Traveler understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Trepr cannot and does not offer Tax-related advice to any Users.
Where applicable, or based upon request from a Traveler, Trepr may issue a valid VAT invoice to such Traveler. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Travel service begins or currency charged may require Taxes to be collected from Seekers or Travelers on the amount paid for the Travel services offered, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the service Fees set by Trepr, a set amount per day, or other variations, and are sometimes called "postal taxes," "carrier taxes," "transportation taxes," or "Value Added taxes," (hereafter, "Service Taxes").
Seekers agree that a confirmed reservation is merely a license granted by the Traveler to the Seeker to obtain Travel services for the number of requests made through the Site, Application or Services and in accordance with the User's agreement with the Traveler. If a Seeker request additional service, which are not listed by Traveler or offered without Trepr's agreement, then Seekers agree that the Trepr can charge the Seeker, for each additional service to cover the inconvenience suffered by the Traveler, plus all applicable Service Fees, Taxes. Seekers agree that Trepr Payments, in its role as limited collection agent for the Traveler, shall charge the Seeker's credit card or other payment methods it has on file to collect these additional fees. In addition, Trepr Payments may recover any costs and expenses it incurs in collecting the Additional fees by charging the Seeker's credit card or other payment method on file.
Trepr's online platform facilitates requests between Seekers and Travelers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Trepr platform allows seekers to view the price of Listings in a number of currencies, the currencies available for seekers to make and receive payments may be limited, and may not include the default currency in any given geographic location. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
"Display Currency" means the currency in which seekers view Listing prices on the Trepr platform. Seekers may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
"Request Currency" means the currency in which a Seeker has to pay for his or her Request. At the time the Seeker submits a Travel service request, the Trepr platform will select the Currency, based on the country of origin of Travel services and the payment methods available for that country. Trepr supports only a certain number of currencies. The Currency for a service may be different from the relevant Listing Currency.
"Listing Currency" means the currency in which a Listing's price is set. The Listing Currency is set by the Trepr.
"Payout Currency" means the currency in which a Traveler's payout will be paid to the Traveler. The Payout Currency is set by the Traveler.
"Base Exchange Rate" means a system-wide rate used by Trepr for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Trepr. Trepr establishes the Base Exchange Rate using data from one or more third parties such as PayPal (http://www.paypal.com).
"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Trepr for its holding costs and foreign currency risks.
Trepr Payments will process a foreign currency conversion in the following situations:a. The Display Currency is different from the Listing Currency when a seeker views a Listing: Trepr will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Request Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied. b. The Request Currency is different from the Listing Currency when a Seeker submits a Travel service request for a Listing: Trepr will calculate the Total Fees in the Request Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the Travel service request to the Total Fees in the Listing Currency. The Seeker will be able to view the actual exchange rate applied. The Seeker Fee, which is a percentage of the applicable Service Fees, will be calculated based on the Service Fees in the Request Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Request Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied. c. The Payout Currency is different from the Listing Currency when Trepr initiates a payout: generally, Trepr will calculate the payout to the Traveler, by applying the Base Exchange Rate on the date that Trepr initiates the payout to the Service Fees (less Trepr's Traveler Fees and any Taxes in respect of the Traveler Fees, such as VAT in Europe) in the Listing Currency. The Traveler will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Traveler involves certain third-party payment processors (such as Western Union), (i) Trepr will send the payout amount to the processor in a major currency (e.g. GBP or US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Traveler will be able to view the payout amount sent by Trepr in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Traveler by applying its own foreign currency conversion rate for that major currency to the Payout Currency. d. When a confirmed Request is modified or cancelled, and there had been a foreign currency conversion when the Request was submitted: the foreign currency conversion for any additional payments required of the Seeker or any refund to the Seeker will be processed at the same rate as applied to the earlier payment by the Seeker.
When you as a Seeker submit a Travel service request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Request Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the markup included in the rate. The actual exchange rate (and any markup included in the rate) will also be stated in the billing receipt for your Request.
Trepr updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Trepr does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Request Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Trepr.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TREPR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, SEEKERS AND TRAVELERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TREPR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TREPR MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TRAVEL SERVICES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TREPR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TRAVEL SERVICES, TRAVELERS, SEEKERS, YOUR ACCRUAL OF THE TRAVEL SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TREPR OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER SEEKERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELERS OR SEEKERS. YOU UNDERSTAND THAT TREPR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY TRAVELERS OR SEEKERS FOR AUTHENTICATION OF INFORMATION. TREPR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, SEEKERS AND TRAVELERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TREPR. NOTWITHSTANDING TREPR'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE TRAVELERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM SEEKERS ON BEHALF OF THE TRAVELERS, TREPR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR REQUEST OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TREPR WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TREPR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST LIFE OF HUMAN/LIVING BEING, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR REQUEST OF ANY TRAVEL SERVICES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TREPR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE TRAVELERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TREPR, IN NO EVENT WILL TREPR'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR REQUEST OF ANY TRAVEL SERVICES VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY TRAVEL SERVICE OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR REQUESTS VIA THE SITE, APPLICATION AND SERVICES AS A SEEKER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A TRAVELER, THE AMOUNTS PAID BY TREPR TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR HUNDRED GREAT BRITISH POUND (GBP£100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TREPR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Trepr and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) request of any Travel services, or (iii) creation of a Listing; (d) the use, condition or consumption of a Travel service by you, including but not limited to any death, injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a use of a Travel service; and (e) your participation in the Referral Program.
If you obtain Travel service from anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing or over charging you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Trepr by contacting us with your police station or transportation government authority and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
In the case of people service, if either User or Passenger misguides or deviates from travel plan as not provided in the Travel service, then please report it to respective authorities immediately and then bring it to our notice so that we will arrange potential alternatives for a safe trip.
In the case of package service, If Traveler doesn't deliver the package at all or the same way it was handed over at origin for example some items are missing or tampered, please take a picture of items and bring it to our notice immediately so that we will work with Traveler to identify the reasons and reimburse only if it is fault of Traveler.
In the case of product service, If Traveler couldn't complete a product request in a stipulated time or completes only partially, please bring it to our notice immediately so that we will arrange another potential Traveler or seek alternatives for successful completion of task and Seekers may be charged only for completed product services.
These Terms constitute the entire and exclusive understanding and agreement between Trepr and you regarding the Site, Application, Services, Collective Content, and any requests or Listings of Travel services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Trepr and you regarding requests or listings of Travel services, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Trepr's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Trepr may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Trepr (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the Northern Ireland and the United Kingdom, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Northern Ireland or a United kingdom District Court for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Trepr agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Trepr are each waiving the right to a trial by jury or to participate as a plaintiff or class user in any purported class action or representative proceeding. Further, unless both you and Trepr otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by The London Court of International Arbitration ("LCIA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "LCIA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The LCIA Rules are available at http://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx or by calling the LCIA at +44 (0) 20 7936 6200.) The International Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the LCIA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the country of Northern Ireland, UK and will be selected by the parties from the LCIA 's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the LCIA will appoint the arbitrator in accordance with the LCIA Rules.
Arbitration Location and Procedure. Unless you and Trepr otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed £500, then the arbitration will be conducted solely on the basis of documents you and Trepr submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds £500, your right to a hearing will be determined by the LCIA Rules. Subject to the LCIA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the LCIA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorney's fees and expenses, to the extent provided under applicable law. Trepr will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any LCIA filing, administrative and arbitrator fees will be solely as set forth in the LCIA Rules. However, if your claim for damages does not exceed £5,000, Trepr will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in LICA).
Changes. Notwithstanding the provisions of the "Modification" section above, if Trepr changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Trepr's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Trepr in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
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