Effective Date: January 1, 2020
Welcome to the Trruster website. This Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Website and Trruster Services (as defined below). This TOS describes your rights and responsibilities and what you can expect from the Trruster Service. Use of the Trruster (the “Website) and any associated Trruster services constitutes your acceptance of and agreement to this TOS.
Trruster reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, then you should not use the Website and any associated Trruster Services. Your continued use of the Website and any associated Trruster services following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes.
1. The Trruster Service
1.1 Trruster is a search engine dedicated to the commercial activities of buying, selling, using, renting and sharing. It provides a central location for giving feedback as well as checking on feedback in order to help members make better informed commercial and non-commercial decisions. Trruster brings integrity to all online transactions and interactions by ensuring that feedback is from real people whose identity has been verified through a payment process.
1.2 An integral component of the Trruster service is providing the funding to the social profit (nonprofit) service sector by incorporating a social responsibility component in the fee structure for Business & Group Plan members equal to 1% of net revenue. We call this BGP Revenue.
1.3 100% of BGP revenue (less taxes, establishment/processing fees and other charges) is distributed to participating social profit Business & Group members based on the number of Trruster members who subscribe to their services.
1.4 Eligible services can include any social profit service not prohibited by law or regulation and subject to any restrictions under this agreement.
1.5 BGP Revenue distribution will commence once revenue reaches or exceeds $20 million per month. Revenue distribution will be made monthly to participating social profit Business & Group members who have at least 100 subscribers and have been members for at least three months.
1.6 Revenue payments are dependent on the participating social profit organisations maintaining a positive Trruster reputation rating.
1.7 BGP revenue generated from the Founding Partners will be distributed solely to Australian-based nonprofits.
2. Use of the Web Site and Trruster Service
2.1 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use Trruster Services and the Website.
2.2 Group Plan members, on request, agree to provide independently certified evidence to verify revenue used to calculate the annual subscription fee within 30 days of the request being made.
2.3 Social Profit (Nonprofit) Group Plan members, on request, agree to provide independently certified evidence to verify their nonprofit status within 30 days of the request being made.
3. General Rules
You may only use Trruster Services as expressly permitted by Trruster.
3.1 Prohibited Use includes selling or promotion of:
- Counterfeit or unauthorized goods
- Regulated or illegal products or services
- Adult content and services
- Drug paraphernalia
3.2 You may not cause harm to the Website or any Trruster Services. Specifically, but not by way of limitation, you may not:
- Interfere with Trruster Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- Use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology;
- Collect electronic mail addresses or other information from third parties by using Trruster Services;
- Impersonate another person or entity;
- Engage in activity, as determined by Trruster, with the aim of misleading other members. This includes, but not limited to, using avatars and generic images instead of actual images of the member in personal member profiles.
- Engage in activity, as determined by Trruster, with the aim of maliciously harming the reputation of another person or entity;
- Engage in any activity including but not limited to harassing, stalking, bullying or providing false testimony that interferes with another member’s ability to use or enjoy Trruster Services;
- Assist or encourage any third party in engaging in any activity prohibited by this TOS.
- Infringe copyright legislation and regulations when posting items for feedback or discussion.
4. Reservation of Rights
4.1 Trruster reserves the right to modify the organization, structure or “look and feel” of Trruster Services or the Website, and may change, suspend, or discontinue any aspect of any Trruster Service at any time without any liability to you or any third party.
4.2 Trruster shall have complete discretion over the features, functions, prices and other terms and conditions on which any Trruster Service is offered to Trruster users.
When you complete surveys, ratings, submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Trruster permission to use such Submissions in any way it deems appropriate to its core business of reputation management. You agree that Trruster will have no obligation to keep any Submissions confidential. You will not bring a claim against Trruster based on “moral rights” or the likes arising from Trruster's use of a Submission.
6. Representations and Warranties
6.1 Mutual Representations and Warranties. You represent and warrant to Trruster and Trruster represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
7. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. TRRUSTER PROVIDES THE WEBSITE AND ASSOCIATED TRRUSTER SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRRUSTER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ANY ASSOCIATED TRRUSTER SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TRRUSTER MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Limitation of Liability
TRRUSTER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR DAMAGE TO REPUTATION) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE TRRUSTER SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS. IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED US$100.
You agree to indemnify and hold Trruster and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. Under this Section, Trruster will have the right to control the defense, settlement and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Trruster's express written permission.
10.1 In its sole discretion Trruster may terminate, cancel or suspend access to this service AND any associated services in the following circumstances:
(i) For breaching any of the terms and conditions of membership as outlined in this TOS,
(ii) For having outstanding Subscription and other Payments for more than 30 days.
10.2 Effect of Termination. If you or Trruster terminates your use of the Website or associated Trruster Services, Trruster will archive any Content or other materials relating to your use of the Trruster Service on Trruster's servers or otherwise in its possession and Trruster will have no liability to you or any third party for doing so.
11. Dispute Resolution
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.