TRIKO LLCTERMS AND CONDITIONS OF USE
- General Information.
The e-commerce site www.triko.co and its mobile applications hereinafter (“TRIKO”), whose main activity is to allow the display and commercialization of services for online acquisition by consumers located in the United States, hereinafter ("the User"), which are provided by third parties, that is, Collaborators, who use TRIKO to offer such services.
Part of TRIKO's activity is also to serve as a social network or community of collaborators registered and verified by TRIKO, to generate tranquility and agility in the contracting of services and / or products.
The Site is controlled and operated by TRIKO LLC., hereinafter (“The Company”), Commercial Company domiciled in the State or Colorado. Those Collaborators who decide to enter TRIKO from other countries will do so on their own initiative and it is their responsibility to comply with the applicable local laws. Any claim in relation to the use of TRIKO and the material contained therein is regulated by national laws.
For the purposes of these Terms and Conditions, the following definitions shall apply:
- User: Any natural person who, as the final recipient of a service, uses the TRIKO platform to request through it the provision of a paid service and provided directly by a Collaborator.
Collaborator: Natural person who, autonomously, offers a service on the TRIKO platform and accepts to perform the management requested by the User through the same platform.
- TRIKO: Virtual platform that aims to create an online market for natural persons to contract, under their sole responsibility, home services offered and provided by other natural persons, also under their exclusive responsibility, as Collaborators.
- The Company: Legal entity called TRIKO LLC, which controls and manages the virtual platform TRIKO.
These Terms and Conditions regulate the use given to the applications, web pages, content, communications, products and / or services made available by the Collaborators through TRIKO.
The Collaborators accept and understand that through the use of the products or services made available by a Collaborator through TRIKO, the legal relationship that arises, will be formed solely and exclusively between the User and the Collaborator, therefore, these The latter accept that TRIKO only works as a mean to facilitate the display of the information that a Collaborator makes available for later consultation by a User. If a Collaborator does not agree or does not accept these Conditions, they may not access to advertise the services, nor join the applications or web platforms linked to TRIKO.
TRIKO may modify these Terms and Conditions when it deems appropriate, modifications that will be effective at the time of publication, so, from the date of modification of these Terms and Conditions, all operations that are held through of The Site will be governed by the modified document.
READ THESE CONDITIONS CAREFULLY BEFORE ACCESSING TO PUBLISH YOUR SERVICES.
- Services offered by TRIKO.
The TRIKO technology platform creates an online marketplace between Users registered autonomously to the application and Collaborators who have a profile created on their own and self-determination, within the TRIKO database and want to offer their services, publishing them within the same application, communicating and managing directly with the Users, who wish to reserve those services of the Collaborator the conditions of their provision
The application allows Users to review the quality of the services provided by the Collaborators, through a special rating system, allowing the community to have an opportunity to read the experiences that other Users have had first hand and the community can make a more accurate decision when hiring a Collaborator. The Collaborators know and understand that the reviews will be made exclusively by the Users, and that at no time can these reviews be linked or related to TRIKKO or The Company.
The Company, in its sole and exclusive capacity as administrator of TRIKO, does not own, create, sell, resell, supply, control, manage, offer, deliver or provide any Collaborator service in favor of Users. The Collaborators are the exclusive ones responsible for their offers and the correct provision of the same, just as the Users are the exclusive ones responsible for the hiring and the consideration to which there is place for the services received. When Users request a service, and the Collaborator performs or accepts it, a service contract is signed between the Collaborator and the User and never with TRIKO. TRIKO is not, nor will it happen to be under no circumstances, a party or a participant in any contractual relationship between Users and Collaborators, nor will it be part of any labor relationship with them. The Company has no legal relationship with the parties, except as provided in the Payment Terms.
The Company has no control or guarantees (i) the existence, quality, safety, suitability or legality of any advertisement or service offered by a Collaborator, (ii) the veracity or accuracy of the descriptions of the services offered or the evaluations, comments and other content of the User or Contributor, (iii) the performance or conduct of any Contributor or third party. The Company does not endorse any User, Collaborator or third party involved in the platform.
The Collaborators, for the provision of the services they offer, must have the necessary permits, certifications, ratings and / or licenses required by any governmental or administrative authority, of the place and / or the country where the service will be provided. In the event that the Collaborator does not have any permission, certification, authorization and / or license, this Collaborator will assume all legal responsibility that this entails, before the governmental or administrative authorities and against the Users. Likewise, the Company may suspend the Collaborator who does not have such permits, certifications, ratings and / or licenses and will re-enable it when they present proof of having obtained the respective permit, certification, rating and / or license
Any reference to a registered User or Contributor (or similar term) only indicates that that Member has completed the corresponding identification process but has no additional meaning. Since, the registration process of the Collaborators and Users to TRIKO is autonomous, The Company assumes no responsibility for the confirmation of identity of any User or Contributor. The foregoing does not imply an endorsement, certification or guarantee by TRIKO regarding any User or Collaborator, including their identity or background or the fact that the User or the Collaborator is reliable, safe or adequate.
When using the TRIKO platform as a Collaborator, your relationship with TRIKO will never be that of an employee, agent, co-member of a joint venture or TRIKO partner for any reason or other relationship other than the one already described. In addition, the Collaborator will act exclusively in his own name and interest, and not in the name or interest of TRIKO or The Company.
The Company does not direct or control, nor will it be considered to direct or control, the actions that you, Collaborator, carry out, nor its behavior under these Terms and Conditions, even with regard to the provision of the services of the Collaborator.
To promote the TRIKO Platform and increase the exposure of the services may be displayed on other websites, in applications, in emails and in online and not online advertising. To assist Users who speak different languages, the ads and other content of the Collaborator may be translated, partially or totally, into other languages. Those translations must be reviewed by the Collaborators, since they must check their accuracy.
Due to the nature of the Internet, the Company cannot guarantee continuous and uninterrupted availability and accessibility to TRIKO. The Company may restrict the availability of the platform to carry out maintenance measures that ensure its correct or improved operation. The Company may improve, reinforce and modify the TRIKO platform, as well as allow from time to time the offer of new services by the Collaborators.
- Charge for the use of digital platforms.
TRIKO makes a virtual space available to Collaborators that allows them to communicate with Users to offer services, through the Internet and various digital platforms. In return for the concession of this virtual space, the Collaborator will pay the Company a variable value that will be calculated as follows:
TRIKO will charge the Collaborator a percentage of the value charged by the Collaborator to the User. This percentage may vary depending on the value to collet the Collaborator provides its services through any of the TRIKO platforms. The minimum percentage to be paid by TRIKO to the Collaborator will be twenty percent (10%) and the maximum percentage to be collected by TRIKO to the Collaborator will be forty percent (40%) of the value charged by the Collaborator to the User.
The percentage will be determined according to the following table:
|Total Value of the service||Percentage to be charged by TRIKO|
|5 - 49,9 usd||40%|
|50 - 99,9 usd||30%|
|100 - 199 usd||20%|
|200 usd or more||10%|
- Registration and Creation Account (Collaborator and user)
In order to offer its services on TRIKO, the Collaborator must register and keep a personal account active. To be able to register a TRIKO account and access, or offer your services on the platform, you must be at least 18 years of age, or be of legal age in your jurisdiction (if different than 18 years). When accessing or using the TRIKO platform declares and guarantees that you are 18 years of age or older and that you have the legal capacity and power to sign a contract.
The account registration requires you to communicate certain personal information to TRIKO, where information such as name, date of birth, telephone, address, email address, citizenship card, as well as a bank account for the receipt of payment will be requested. As a Collaborator, you agree to keep the information in your account accurately, completely and up to date, otherwise The Company will have the power to suspend or close the accounts.
Collaborators must provide truthful, current and accurate information that supports their service, the more information, documentation and experience can be attached, the better the score, qualification and ranking of the Collaborator. The Company reserves the right to require documentation or mandatory information in order to offer certain services by the Collaborators.
Collaborators are responsible for all activity or information that occurs or rests in their account. The use of the same is personal and non-transferable, so the Collaborators are not authorized to transfer the validation data for access to the platform or the use of their account to any third party. Failure to comply with the foregoing will result in the suspension and definitive blocking of the account (including email and personal identification number). In case of forgetting the validation data or usurpation of these, it is the obligation of the Collaborator to inform the Company through the option “forgot your password” or through communication sent to the email email@example.com
In some cases, you may be required to provide an identity document or other additional verification item. If you do not agree to provide the requested information, the Company may deny access or use of TRIKO services.
The content provided by Users and Collaborators will remain the property of them, however, by providing such information to the Company, you will be granted a worldwide, transferable, royalty-free license, with the right to sublicense, use, copy, create derivative works, distribute, exploit in any way such content in all formats and distribution channels, known or to be known without the need for additional consent or payment to Users or Collaborators.
- Collection mandate contract
By registering and creating an account in TRIKO, the Collaborator is also signing a mandate contract, where TRIKO will be THE GRANTEE and the Collaborator will be THE GRANTOR. Said contract shall be governed by the following clauses.
5.1 OBJECT OF THE CONTRACT: THE GRANTOR authorizes the GRANTEE to receive the payments made by the Users to the GRANTOR when he provides a service to the User, and that the ongoing service has been contracted through any of Triko's digital platforms. THE GRANTOR also empowers the GRANTEE so that the payment received retains the percentage that corresponds to him as consideration for the following services:
- a) The percentage of the value charged by THE GRANTOR to the User who applies for each case, for the services of use of Triko digital platforms. As regulated in clause four of these terms and conditions.
- b) 10% of the value charged by THE GRANTOR to the User, for the management performed by THE GRANTEE on the occasion of this mandate contract.
5.2 VALUE OF THE CONTRACT AND METHOD OF PAYMENT: The value of this contract will be 10% of the value charged by THE GRANTOR to the User. In accordance with the provisions of this mandate contract, the GRANTEE will retain this value, each time THE GRANTOR performs a service to a User and the latter pays the GRANTOR through any of Triko's digital platforms. With the withholding that GRANTEE will make, the payment is understood to have been made.
5.3 DURATION OF THE CONTRACT: The contract will be for an indefinite term, but THE GRANTOR or THE GRANTEE can request at any time the termination of the contract, with not less than 30 calendar days in advance, without giving rise to any breach or compensation.
5.4 OBLIGATIONS OF THE GRANTEE: THE GRANTEE is obliged to carry out his management with the diligence of a good businessman, and to render accounts of his management every time the GRANTOR so requests.
THE GRANTOR acknowledges that, under this collection mandate contract, payment of the service performed by the User to the GRANTEE is extinguishing the payment obligation said User has with THE GRANTOR.
- Participants in the Legal Relationship.
6.1. User: Any natural person who, as the final recipient, uses the platform to request through it the provision of a paid service, whose assignment consists in the conclusion of a contract for the provision of services with the Collaborator, in order to obtain one of the services published by the Collaborator. The use of the platform is carried out by the User as a capable person, stating that, for the conclusion of contracts for the provision of services, he has full legal capacity to be subject to rights and obligations, qualities that he confirms at the time of registration in the platform.
6.2. Collaborator: Natural person who offers a service on the TRIKO platform and accepts to perform the management requested by the User through the same platform.
Under these terms, the Collaborator undertakes to (i) Provide certain, reliable, sufficient, clear and up-to-date information regarding the services offered and regarding his/her personal information (ii) Indicate the general and specific characteristics to facilitate the Users’ choice; (iii) Provide the service as diligently as possible and always as offered and contracted; (iv) Recognize The Company as a simple agent without representation for the collection of money as a result of the services provided; (v) Contribute with the Social Security and demonstrate those contributions, (vi) Communicate with the User in order to specify the time and date on which the contracted service will be provided and inform in advance of any unforeseen changes in the provision thereof.
The Collaborator is solely responsible for setting the price (based on which the rate of the Company and the amount corresponding to Social Security will be calculated) in the announcement of the platform.
In the event that the Collaborator would not attach the payment form to social security, he will be disabled to continue using the digital platforms. You will only be able to continue using the digital platforms once you attach the payment form to social security.
The placement and classification of service announcements in the search results within the TRIKO platform may vary and depends on various factors, such as the search parameters and the needs of the User, the characteristics or qualities of the Collaborator, the price and availability time, the number and quality of the images, the history of services and cancellations, comments and evaluations and / or the type of service of the Collaborator.
When the Collaborator accepts or has previously approved a request for the provision of services by a User, they will be signing a legally binding contract with the latter, which obliges them to provide their Collaborator service (s) to the User in accordance with as described and promoted in his/her ad, once the application is completed.
As a Collaborator, he/she is responsible for his/her own acts and omissions in the provision of the service and also for the acts and omissions of any person who is in his charge and is required for the provision of the contracted service. By virtue of the foregoing, the Collaborator will be solely responsible for the cost of the repair for material or personal damages in the provision of the service ordered or for the breach thereof, and in this sense will keep TRIKO and The Company harmless against any claim arising on the occasion of the services provided by the Collaborator.
- Distinctive elements
The Collaborators accept that to provide the services contracted by a User through any of the TIKO digital platforms, they must carry with them a distinctive element of the TRIKO platform in order to provide the user with greater transparency and reliability. In this sense, the Employees undertake to acquire the distinctive elements that TRIKO or The Company establishes for this purpose.
- Working items
It is of total knowledge of the Employees, and they accept it, that neither between The Collaborators and The Society, nor between The Collaborators and TRIKO does any type of contractual relationship arise, other than the mandate contract regulated in these Terms and Conditions, for the use of the TRIKO digital platform (s). Therefore, it is the obligation of each Collaborator to have the necessary elements and tools for the provision of the service offered through the TRIKO digital platform (s).
Neither TRIKO, nor The Company, will provide or provide work elements or tools to the Collaborators, and consequently, the non-provision of the contracted services, or the defective provision of said services due to the lack of work elements or tools will be the sole responsibility of The Collaborators.
- Limitation of Service
Triko offers a variety of Services to help users find, coordinate, and maintain care for their families. However, we do not employ any Service Providers. Except as set forth below, Service Providers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).
- Description of the Service
The Collaborators display through the TRIKO platform professional services for the home, in accordance with the provisions of these Terms and Conditions, services that are available to Users for their general knowledge. This service communication serves as a reference to carry out the order of a certain service, using the platform as a means to request management, and at the time of request and acceptance of the service, a contract for the provision of services with the Collaborator is concluded.
Paragraph. The improvement of the contract for the provision of services concluded by electronic means occurs at the time the User makes the payment of the service
- Platform Operation
All the information found on the TRIKO platform is provided autonomously by its Users and Collaborators, who are solely responsible for the actuality and veracity of it. The platform is available 24 hours a day for access, use and consultation. For the request of services and the realization of transactions the availability of the platform is 24 hours a day, depending on the availability of the Collaborators. The Company will use all its resources to keep the platform in operation. However, as established in numeral 3, the Company does not guarantee permanent availability and continuity of the platform.
- Copyright Materials
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Triko and/or its licensors and are protected by all United States and international copyright laws.
The rights related to the platform and all its components are and remain the property of the Company or its licensors. None of these Conditions or your use of the Services transfer or grant you any rights: (i) on or in relation to the brands, logos, slogans, teachings and other distinctive signs of the platform; nor is authorization granted to (ii) use or mention in any way the company names, logos, product and / or service names, trademarks or service marks of the Company or its licensors.
All information made available on the platform such as images, advertising, names, slogans, brands, and other distinctive signs other than the offers made by the Collaborators; they are owned by the Company, or because they are authorized to make them available.
- License Limit
By agreeing with these Terms and Conditions, The Company grants Users and Collaborator a limited license to access and use the platform with all its services in order to hire, in a personal capacity, the services offered by the Collaborators. Anyone who enters the platform will agree that it may not be reproduced, duplicated, copied, sold, resold, commercially exploited, or in any other way, other than for personal purposes, without the prior and express authorization of The Company
If you choose to use the TRIKO platform, you will do so voluntarily and at your own risk. The TRIKO platform is offered "as is", without warranty of any kind, either express or implied.
Users and Collaborators understand and accept that the legal relationship of service provision is generated directly between Users and Collaborators, therefore, warranty claims must be made directly to Collaborators, who have the obligation to respond for the contracted management and done.
The Company makes no declaration or guarantee of any kind regarding the reliability, punctuality, quality, suitability or availability of the services offered by the Collaborators or requested by the Users within the platform, nor that they will be free of errors. The Company does not guarantee the quality, suitability, security or ability of the Collaborators. The User agrees that any risk arising from the use of the services requested in relation to those will be solely his, to the maximum extent permitted by applicable Law.
- Indemnity and Limitation of Liability
In the event that there is any type of indirect, direct, incidental, special, punitive or emergent damage, loss of earnings, loss of data, personal injury, property damage, moral damage, bodily harm and / or damage to third parties related to the User o Collaborator, the parties agree to keep the Company and its directors, representatives, employees and any other party involved in the creation, production or delivery of the TRIKO platform safe from any claim, demand, loss, responsibility and / or expense ( including attorney fees). arising from: (i) the development of the contracted service; (ii) failure to provide the service; (iii) and the use or inability to use, by Users and Collaborators, the digital platform. The foregoing limitations of liability apply to the maximum extent permitted by law.
Therefore, Users and Collaborators understand and accept that The Company does not assume any responsibility in relation to the use of the TRIKO platform and the services derived from its use.
- Dispute Resolution Process
If You have a dispute with a Service Provider with respect to services provided or fees charged, You must address such dispute with the Service Professional directly.
You may request Triko’s assistance in communicating with that Service Provider about Your desired resolution (the “Dispute Resolution Process” or the “DRP”). You then will be requested to complete and return certain documentation relating to Your complaint. Shortly thereafter, a member of our Dispute Resolution Team will contact You to obtain additional information and understand Your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain Your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to Your desired resolution or supplies a counteroffer that You find acceptable, the matter is considered resolved, Your review regarding the Service Provider will be removed, and You will have the opportunity to submit updated feedback about Your experience. If the Service Provider responds but does not resolve the matter as described above, Your feedback shall remain unchanged.
Triko’s participation in the DRP is at Triko’s sole discretion. We reserve the right to reject Your request to participate for any reason. The DRP is not a legal forum. Triko is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If You believe legal services are necessary or would be helpful to resolve Your dispute with a Service Provider, Triko encourages You to consult with an attorney. Triko does not guarantee that Your participation in the DRP will result in a satisfactory outcome or Your desired resolution.
You agree that Triko may communicate any notices to You through your account, electronic mail, regular mail or posting the notices on the Website. All notices to Triko will be provided by sending a letter, first class certified mail, to Triko, 559 Vermilion PeakDrive, Windsor, CO 80550. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Triko will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
559 Vermilion Peak Drive
Windsor, CO 80550
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Triko will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- Independence of the Clauses
If any clause or provision of these Terms and Conditions shall be deemed illegal, void or unenforceable, either in whole or in part, in accordance with any legislation, such provision or clause shall be deemed not to be part of these Terms and Conditions, the rest of the provisions not being affected.
In that case, the parties must replace said illegal, null or unenforceable provision, in whole or in part by a legal, valid and enforceable provision that has, to the extent possible, a similar effect. These Conditions constitute the entire contract and the understanding between the parties and third parties that make use of the TRIKO platform, in relation to the purpose of the platform. In addition, it replaces and replaces all previous contracts or agreements in relation to that object.
- Personal Data or “Habeas Data”
By accepting the legal terms and conditions, the Collaborator indicates that he / she knows and authorizes in advance, expressly and informed the Company, its subsidiaries and related parties, so that as the Holder of their Personal Data they may be subject to Treatment and Storage in Databases.
Likewise, the Collaborator has been notified about the policy for the protection of personal data available in and, in turn, accepts that the Company provides its data to third parties or competent authority.
- Triko Protocols and Policies
By accepting these terms and conditions, the Contributor declares that he has read and agrees with all TRIKO protocols and policies, which are available in www.triko.co.
These Terms and Conditions, as well as the policies and protocols may be unilaterally modified by TRIKO, for which it will notify the Collaborator of said modification so that it can review the changes made and accept or reject the modifications. In case the Employee does not accept the modifications, he will not be able to continue using the platforms and his collaborator account will be inactive, said account will be activated again, once the modifications have been accepted by the Collaborator.
- Computer Security
Cookies are small data files that websites such as TRIKO or emails store in the search engine and optionally on the hard drive in order to have information about the Collaborator's preferences.
The Company uses a third party to install the respective cookies in the Collaborator's system, and thus, obtain information that is not personal and identifiable.
The Company prohibits the use of any distinctive sign of its property, unless its use is approved in writing, in which case the use must be limited to the parameters established for TRIKO.
The Company reserves the right to request the removal of links that have been established on websites without their express and prior authorization. The establishment on pages not controlled by the Company's domain links is prohibited.
The deployment, use, display, copying or any other form of reproduction of TRIKO, in sites not controlled by the Company are expressly prohibited.
- Entire Agreement
This Terms and Conditions of Use governs Your use of the Service and constitutes the entire agreement between You and Triko. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Triko regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Triko under this Agreement.
- Governing Law
This Agreement and the relationship between You and Triko will be governed by the laws of the State of Colorado.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.