Terms of Use
These Terms of Use ("Terms") were last updated on 17 August 2024.
Please review these Terms carefully as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.
TRAIVIS’s mission is to leverage the power of social media influencers to promote educational content. We enable instructors to create and share educational content and allow influencers to promote this content to their followers. To keep our platform and services safe for you, us, and our community, we need rules. These Terms apply to all your activities on the TRAIVIS website, mobile applications, APIs, and other related services (“Services”).
If you create an account, publish a content or using any service on the TRAIVIS platform, you also agree to adhere to user guidelines, and TRAIVIS policies . We also provide details regarding our processing of personal data of our users in our Privacy Policy. Our Instructor Terms, Privacy Policy, and other TRAIVIS policies applicable to your use of our Services are incorporated on docs section of the platform and it is considered as part of these Terms.
Our website and apps facilitate communications about your browsing and app activities and app usage to be sent from you to third parties who provide services to TRAIVIS. By using our Services, you consent to these communications.
1. Accounts
You need an account for most activities on our platform. Keep your password safe because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use TRAIVIS.
You need an account for most activities on our platform, including purchasing, interacting with other users and accessing content or submitting content for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including , and not limited to, a valid email address other content at your profile (s). You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account, and TRAIVIS will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
All users must be at least 16 years of age to create an account on TRAIVIS and use the Services. If you are below this age of consent to use online services, you may not create a TRAIVIS account. If we discover that you have created an account that violates these rules, we will terminate your account.
You can terminate your account at any time by following the steps at Managing The Account Settings guideline . Check our Privacy Policy to see what happens when you terminate your account.
1.1 TRAIVIS Access Rights and Account Management
In the event of any disputes between users, complaints, or breaches of TRAIVIS's Policies, TRAIVIS reserves the right to access the user's account. This includes, but is not limited to, all content, correspondence, transaction history, and any other related information or data stored on the platform. This access will be used solely for the purposes of investigating, resolving, or mediating the dispute, or to remove content that does not align with TRAIVIS's Policies.
TRAIVIS's access will be limited to information that is necessary to:
Investigate the Dispute: Review relevant interactions, communications, and transactions that are directly related to the dispute.
Ensure Compliance: Verify that the actions of the users involved comply with the platform's terms of service, policies, and applicable laws.
Resolve the Issue: Facilitate a resolution between the disputing parties or provide necessary information to legal authorities or arbitration bodies if required.
Delete Non-Compliant Content: Remove any content that breaches TRAIVIS's Policies to maintain the integrity and security of the platform.
TRAIVIS employs an algorithm that allows access to user accounts without using the user's email and password, ensuring that these credentials remain encrypted and inaccessible even to TRAIVIS. We maintain the confidentiality of all accessed data and will not disclose any information to third parties unless it is required by law, necessary for the resolution of the dispute, or agreed upon by the user.
By using the platform, users agree to this provision and consent to TRAIVIS's right to access their accounts under the circumstances outlined above. Users acknowledge that this access is essential for maintaining the platform's integrity and ensuring fair and lawful dispute resolution.
TRAIVIS will not access a user's account beyond what is necessary for resolving the dispute or addressing a policy breach. All access will be conducted in accordance with applicable privacy laws and regulations, and TRAIVIS will take all reasonable steps to protect the user's data.
2. Content Enrolment and Lifetime Access
When you enrol in a course or other content, you get a licence from us to view it via the TRAIVIS Services and no other use. Don’t try to transfer or resell content in any way. We generally grant you a lifetime access licence, except when we must disable the content because of legal, or policies incompliance reasons
Under our Instructor Terms, when instructors publish content on TRAIVIS, they grant TRAIVIS a licence to offer a licence to the content to students. This means that we have the right to sublicense the content to enrolled students. As a student, when you enrol in a course or other content, whether it’s free or paid content, you are getting a licence from TRAIVIS to view the content via the TRAIVIS platform and Services, and TRAIVIS is the licensor of record. Content is licensed, and not sold, to you. This licence does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
In legal, more complete terms, TRAIVIS grants you (as a student) a limited, non-exclusive, non-transferable licence to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a TRAIVIS authorised representative.
We generally give a lifetime access licence to our students when they enrol in a course or other content. However, we reserve the right to revoke any licence to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Trust & Safety Guidelines. This lifetime access licence does not apply to add-on features and services associated with the course or other content you enrol in. To be clear, the lifetime access is to the course content but not to the instructor.
Instructors may not grant licences to their content to students directly, and any such direct licence shall be null and void and a violation of these Terms.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your content, TRAIVIS offers a 14-day refund or credit for most content purchases in case your case meet our Refund policy.
3.1 Pricing
The prices of content on TRAIVIS are determined based on the terms of the Instructor Terms.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users. We do not enable users to see pricing in other currencies as all prices will be in USD. However, TRAIVIS has the rights to add any other currencies.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
3.2 Payments
You agree to pay the fees for content that you purchase, and you authorise us to charge your debit or credit card or process other means of payment (such as direct debit, or Paypal) for those fees. TRAIVIS works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you will not get access to the content you are enrolling in. We reserve the right to disable access to any content for which we have not received adequate payment.
3.3 Refunds and Refund Credits
If the content you purchased did not met the standard, you can request, within 14 days of your purchase of the content. TRAIVIS will review the refund request and may apply a refund to your account.
To request a refund, follow the steps mentioned at TRAIVIS Refund Policy. Instructors agree that students have the right to receive these refunds.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms or the Refund Policy you will not be eligible to receive a refund. Additional information on our refund policy is available here.
3.4 Gift and Promotional Codes
TRAIVIS or our partners may offer gift and promotional codes to students. Certain codes may be redeemed for gift or promotional credits applied to your TRAIVIS account, which then may be used to purchase eligible content on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific content. Gift and promotional credits can’t be used for purchases in our mobile applications.
These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your TRAIVIS account. Gift and promotional codes offered by TRAIVIS may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies.
4. Content and Behaviour Rules
You can only use TRAIVIS for lawful purposes. You're responsible for all the content you post on our platform. You should keep the reviews, questions, posts, courses, and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to ask questions to the instructors of courses or other content you are enrolled in, and to post reviews of content. For certain content, the instructor may invite you to submit content as "assignment " or tests. Don’t post or submit anything that is not yours.
If you are an instructor, you can submit content for publication on the platform and you can also communicate with the students who have enrolled in your courses or other content. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review, or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Terms before you submit any content for publication on TRAIVIS.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behaviour violates our Trust & Safety Guidelines, or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example, if you impersonate someone else), we may remove your content from our platform. TRAIVIS complies with copyright laws. Check out our Intellectual Property Policy for more details.
TRAIVIS has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If a user has published content that infringes your copyright or trademark rights, please let us know. Our Instructor Terms require our instructors to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.
5. TRAIVIS’s Rights to Content You Post
You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content with anyone through any media, including promoting it via advertising on other websites.
The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow TRAIVIS to reuse and share it, but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the content licensing terms that are detailed in the Instructor Terms.
When you post content, comments, questions, reviews, and when you submit ideas and suggestions for new features or improvements, you authorise TRAIVIS to use and share this content with anyone, distribute it, and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organisations, or individuals who partner with TRAIVIS for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorise us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
6. Using TRAIVIS at Your Own Risk
Anyone can use TRAIVIS to create and publish content, and instructors and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use TRAIVIS at your own risk.
Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. TRAIVIS has no responsibility to keep such content from you and no liability for your access or enrolment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content, you choose to assume those risks voluntarily, including the risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors, nor are we responsible or liable for any interactions involved between instructors and students. Although we will try to resolve dispute between user in relation to a content on TRAIVIS platform to improve the user experience , we are not obligate or liable or for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. TRAIVIS’s Rights
We own the TRAIVIS platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorisation.
All right, title, and interest in and to the TRAIVIS platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of TRAIVIS and its licensors. Our platforms and services may be protected by copyright, trademark, and other laws of both the UK. Nothing gives you a right to use the TRAIVIS name or any of the TRAIVIS trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TRAIVIS or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the TRAIVIS platform and Services:
Access, tamper with, or use non-public areas of the platform (including content storage), TRAIVIS’s computer systems, or the technical delivery systems of TRAIVIS’s service providers.
Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the TRAIVIS platform or Services.
Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as TRAIVIS); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
8. Limitation of Liability for Cyberattacks
Limitation of Liability: To the maximum extent permitted by applicable law, [Your Company Name] shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
Cyberattacks and Security Breaches: Any unauthorized access to, or use of, our servers and/or any and all personal information and/or financial information stored therein, including any loss or theft of funds resulting from such incidents.
Service Disruptions: Any disruption, suspension, or termination of the services provided by the platform due to cyberattacks or other security breaches.
Force Majeure Events: Any loss or damage resulting from circumstances beyond our reasonable control, including but not limited to cyberattacks, data breaches, natural disasters, or other unforeseen events.
No Guarantee of Complete Security: While [Your Company Name] implements reasonable measures to protect against cyber threats, we do not guarantee that our platform is immune to all forms of cyberattacks. Users acknowledge and agree that they use the platform at their own risk.
User Responsibility: Users are responsible for maintaining the security of their account credentials and for any activity or transactions that occur under their account. [Your Company Name] shall not be liable for any loss of funds or data resulting from unauthorized access to a user's account due to the user's failure to secure their login information.
9. Miscellaneous Legal Terms
These Terms are like any other contract, with important legal provisions that define our legal relationship and protect us from potential issues.
9.1 Binding Agreement
By registering, accessing, or using our Services, you agree to enter into a legally binding contract with TRAIVIS. If you do not agree to these Terms, do not register, access, or use any of our Services.
If you are an instructor using our Services on behalf of a company, organisation, government, or other legal entity, you confirm that you have the authority to do so.
Any version of these Terms in a language other than English is or will be provided for convenience, and you understand and agree that the English version will prevail in case of any conflict.
These Terms (including all TRAIVIS's agreements, policies and guidelines ) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable under applicable law, that provision will be replaced by a valid, enforceable provision that closely matches the original intent, and the rest of these Terms will remain in effect.
Even if we delay or fail to exercise our rights in one instance, it does not mean we waive our rights under these Terms, and we may choose to enforce them later. If we waive any of our rights in a particular instance, it does not mean we waive our rights generally or in the future.
9.2 Disclaimers
Our platform may occasionally be unavailable for planned maintenance or due to technical issues. Instructors might make inaccurate statements in their content, or we might face security issues. You accept that you have no recourse against us in such cases where things go wrong. In more complete legal language, the Services and their content are provided on an "as is" and "as available" basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) do not warrant that you will obtain specific results from using the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may discontinue certain features of the Services at any time and for any reason. TRAIVIS and its affiliates, suppliers, partners, or agents are not liable for any damages resulting from such interruptions or unavailability of features.
We are not responsible for delays or failures in our performance of any of the Services caused by events beyond our reasonable control, such as acts of war, hostility, sabotage; natural disasters; electrical, internet, or telecommunication outages; or government restrictions.
9.3 Limitation of Liability
There are inherent risks in using our Services, for example, if you access health and wellness content and suffer an injury. You fully accept these risks and agree not to seek damages from us if you suffer loss or damage from using our platform and Services. In legal language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, even if we have been advised of the possibility of damages in advance. Our liability, as well as that of our affiliated companies, suppliers, partners, and agents, to you or any third parties is restricted to the higher of £10 GBP or the total amount you have paid us in the twelve months preceding the event that led to your claims, whichever is lower in value. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
9.4 Indemnification
If your actions cause us legal trouble, we may seek legal recourse against you. You agree to indemnify, defend (if we request), and hold harmless TRAIVIS, our company, and its officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees) arising from: (a) the content you post or submit; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
9.5 Governing Law and Jurisdiction
When these Terms mention "TRAIVIS," they refer to the TRAINING VISION (TRAIVIS) Ltd entity you are contracting with. If you are a student located in the United Kingdom, you are contracting with TRAIVIS Limited, and these Terms are governed by the laws of England and Wales, without regard to its conflict of law principles. You consent to the exclusive jurisdiction and venue of the courts in Newcastle, United Kingdom.
9.6 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than 6 months after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail, return receipt requested, or TRAIVIS's Support Portal
9.7 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The "Partner" rank within the Instructor Ranking System on the TRAIVIS platform is purely a designation used to recognise the achievements or status of an instructor within the platform. It is important to understand that this rank is solely for internal platform purposes and does not imply any formal legal relationship between the instructor and TRAIVIS. The term "Partner" in this context should not be confused with the word "partners" as it may appear in other sections of the Terms & Conditions. The use of the term "Partner" as a rank does not establish or imply any form of joint venture, partnership, employment, contractor, or agency relationship between the instructor and TRAIVIS. Both TRAIVIS and the user agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us due to the assignment of the "Partner" rank or any other rank within the platform. All users, including those with the "Partner" rank, operate independently and are not considered employees or agents of TRAIVIS.
9.8 No Assignment
You may not assign or transfer these Terms (or the rights and licences granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licences granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9.9 Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country subject to UK trade sanctions or embargoes. You also warrant that you are not a person or entity named on any UK government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with TRAIVIS, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to TRAIVIS).
You may not access, use, export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United Kingdom or other applicable export control and trade sanctions laws, rules, and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
10. Dispute Resolution
If there is a dispute, our Support Team is available to help resolve the issue. If that does not work and you live in the United Kingdom, your options are to bring a claim in small claims court or in binding individual arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section ("Dispute Resolution Agreement") applies only if you live in the United Kingdom. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
10.1 Dispute Resolution Overview
TRAIVIS is committed to resolving disputes with its users without the need for formal legal claims. If an issue arises between us, you and TRAIVIS agree to first work diligently and in good faith to reach a fair and equitable resolution using the mandatory informal dispute resolution process described below. On occasion, a third party may be necessary to help resolve our dispute. This Dispute Resolution Agreement limits how these disputes can be resolved.
YOU AND TRAIVIS AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION OF THEM, OR TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH TRAIVIS (COLLECTIVELY, “DISPUTES”) THAT ARE NOT RESOLVED INFORMALLY MUST BE ADDRESSED SOLELY IN SMALL CLAIMS COURT OR BY BINDING INDIVIDUAL ARBITRATION AND AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO FILE A CASE IN ANY OTHER COURT.
YOU AND TRAIVIS FURTHER AGREE TO BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING WHETHER IN COURT OR IN ARBITRATION.
You and TRAIVIS agree that this Dispute Resolution Agreement applies to each of us as well as all of our respective agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and TRAIVIS. This Dispute Resolution Agreement is binding on your and TRAIVIS’s respective heirs, successors, and assigns, and is governed by English law.
10.2 Mandatory Informal Dispute Resolution Process
Before filing a claim against each other, you and TRAIVIS must first participate in the informal dispute resolution process described in this section.
The claiming party shall send to the other a short, written statement (“Claim Statement”) with their full name, mailing address, and email address explaining: (a) the nature and details of the Dispute; and (b) a proposal for resolving it (including any money being claimed and how that amount was calculated). Sending a Claim Statement tolls the running of any applicable statute of limitations for a 60-day period beginning on the date the Claim Statement is received. You should send your Claim Statement to TRAIVIS via TRAIVIS's Support Portal , and you can also send it by certified mail to TRAIVIS Attn: Legal team. TRAIVIS will send Claim Statements and respond to you at the email address associated with your TRAIVIS account, unless you request otherwise.
When either of us receives a Claim Statement, the parties will attempt in good faith to resolve it informally. If we are unable to resolve it within 60 days from receipt, then we each have the right to initiate a formal claim against the other in small claims court or individual arbitration, subject to the terms of this Dispute Resolution Agreement. Failure to complete this process is a material breach of the Terms, and no court or arbitrator shall have jurisdiction to hear or resolve any Disputes between you and TRAIVIS.
10.3 Small Claims
Disputes raised but not resolved through the mandatory informal dispute resolution process can be brought in small claims court at Newcastle, UK. We each waive the right to bring any Disputes between us, in courts other than small claims court, including courts of general or special jurisdiction.
10.4 Arbitration
As the sole alternative to small claims court, you and TRAIVIS have the right to resolve Disputes through individual arbitration. While there is no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief and must follow our agreement in the same way as a court. If one of us brings a Dispute to a court other than a small claims court, the other party can ask a court to require us both to go to arbitration. Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing. To the extent that any cause of action or claim for relief cannot be addressed in arbitration, you and TRAIVIS agree that all court proceedings shall be paused pending the resolution in arbitration of all arbitrable causes of action and claims for relief. Nothing in this Dispute Resolution Agreement is intended to limit the individual relief available to either of us in arbitration or small claims court.
If you and TRAIVIS disagree on whether a Dispute must be arbitrated, the scope of the arbitrator’s powers, or the enforceability of any aspect of this Dispute Resolution Agreement, the arbitrator alone shall have, to the fullest extent permitted by law, the sole authority to address all such disagreements, including but not limited to those concerning or related to the formation, legality, interpretation, and enforceability of this Dispute Resolution Agreement. This provision does not limit the procedure for challenging an improperly commenced arbitration.
Any court of competent jurisdiction will have the authority to enforce the requirements of this Dispute Resolution Agreement and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees for any arbitration or mediation not conducted under this Dispute Resolution Agreement.
If the American Central Arbitration Committee (“CAC”) or any other arbitration organisation or arbitrator is, for any reason, unable to administer any arbitration required under this Dispute Resolution Agreement, you and TRAIVIS shall negotiate in good faith on the substitution of another organisation or individual to handle the arbitration. If we cannot agree on an alternative, you or TRAIVIS may petition a court of competent jurisdiction to appoint an organisation or individual to conduct the arbitration in a manner consistent with this Dispute Resolution Agreement for a cost comparable to that of the designated arbitration organisation.
10.5 General Arbitration Rules
The arbitration process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (defined below). The general arbitration rules outlined in this section (“General Arbitration Rules”) shall control, except in the case of a Mass Arbitration.
All arbitrations shall be before a single arbitrator. Except as otherwise provided in this Dispute Resolution Agreement, a party electing arbitration must initiate proceedings by filing an arbitration demand with the CAC. Arbitrations involving consumers will be governed by these Terms and the CAC Consumer Arbitration Rules and the CAC Consumer Due Process Protocol. Arbitrations involving all others, including instructors, will be governed by these Terms and the CAC Commercial Arbitration Rules and the CAC Optional Appellate Rules. If there is a conflict between these Terms and any applicable CAC rules and protocols, these Terms will control.
Disputes that involve a claim of less than £10,000 in actual or statutory damages (but not including attorneys’ fees and incidental, consequential, punitive, and exemplary damages and any damage multipliers) must be resolved exclusively through binding, non-appearance-based individual arbitration based solely on the written submissions of the parties. All other arbitrations shall be conducted by phone, video conference, or based only on written submissions. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.
To begin an arbitration proceeding with the CAC, the claiming party must send a letter describing the Dispute and requesting arbitration to them.
10.6 Mass Arbitration Rules
If 25 or more claimants (each a “Mass Arbitration claimant”) or their lawyers file or disclose an intention to file demands for arbitration against TRAIVIS raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across the Disputes (a “Mass Arbitration”), these special rules shall apply.
Each Mass Arbitration claimant must complete the informal dispute resolution process described in this Dispute Resolution Agreement. Counsel for claimants shall file a single Claim Statement for all Mass Arbitration claimants that identifies all Mass Arbitration claimants by full name, mailing address, and email address. The Mass Arbitration claimants must then follow a “bellwether procedure” described below in which a group of up to 10 claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the Disputes of Mass Arbitration claimants may be resolved. Any statutes of limitation applicable to Disputes of Mass Arbitration claimants shall be tolled from the submission of their Claim Statement until the mandatory mediation process has been completed.
Counsel for the Mass Arbitration claimants and TRAIVIS’s counsel shall each select up to five claimants for bellwether arbitrations (not more than 10 in total) to be each promptly decided individually as a bellwether arbitration conducted under the General Arbitration Rules, with each case assigned to a separate arbitrator. If any other Mass Arbitration claimants have filed claims in arbitration, they shall promptly be dismissed without prejudice before the bellwether arbitrations may proceed. Each bellwether arbitration shall be completed within 120 days. No other demands for arbitration by Mass
11. Limits
While using the Services, you agree to:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws, etc. b. Provide accurate information to us and keep it updated. c. Use the Services and Website in a manner that is lawful, relevant, and proper under the applicable laws.
Any use of the Website that Traivis, in its sole discretion, finds inappropriate and/or offensive may result in the suspension and/or termination of a User with or without notice. While using the Services, you agree that you shall not manipulate the price of any goods or services offered within the Services in any manner. Furthermore, you shall not disrupt or otherwise interfere in any way with any other User's use of the Services. By accessing our Services or any chat room, online discussion forum, or other Service provided through our Website that allows Users to communicate with other Users (“Public Areas”), you agree to abide by the following standards of conduct and agree that you will not, and will not authorise or facilitate any attempt by another person to use our Website to:
Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Traivis.
Circumvent or manipulate our fee structure, the billing process, or fees owed to Traivis or the Tutor; fail to deliver payment for items purchased by you unless the Tutor of such Tutor Package has materially changed the package's description, a clear typographical error is made, or you cannot reach the Tutor.
Fail to deliver Tutor Packages purchased from you unless the Student or Parent fails to meet the posted terms, or you cannot reach the Student or Parent.
Manipulate the price of any item or interfere with other Users’ Listings.
Use a name or language that Traivis, in its sole discretion, deems offensive.
Post false, inaccurate, misleading, defamatory, or libellous content (including personal data).
Post hateful or racially or ethnically objectionable content.
Post content that infringes another's copyright, trademark, or trade secret.
Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
Post unsolicited advertising or unlawfully promote products or services.
Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing, or exporting feedback information from the Website or using it for purposes unrelated to Traivis).
Harass, threaten, or intentionally embarrass or cause distress to another user, person, or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
Exploit children under 18 years of age.
Engage in disruptive activity such as sending multiple messages in an effort to monopolise your position.
Adapt, alter, license, sublicense, or translate the Service for your own personal or commercial use.
Introduce viruses, worms, Trojan horses, and/or harmful code to the Website.
Obtain unauthorised access to any computer system through the Website.
Transfer your Traivis account (including feedback) and login credentials to another party without our consent.
Harvest or otherwise collect information about Users, including email addresses, without their consent.
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age).
Solicit personal data from children under 18 years of age.
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offence.
All submissions made to Public Areas will be public, and Traivis will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
12. Website Content
Users have a personal, non-transferable, non-exclusive right to access and use the content of this Website subject to these Terms. The “Content” means all information, text, materials, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without the obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. b. The Content may not be modified. c. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
13. Content Submitted by Users
We are not responsible or liable for the conduct of Users or for views, opinions, and statements expressed in Content submitted for public display through our Website. We do not prescreen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of TRAIVIS. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your uploading, posting, or submission of Content to this Website.
We have the right, but not the obligation, to randomly monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and any other applicable rules that we may establish, as well as for the purpose of improving the Services. We have the right in our sole discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that TRAIVIS, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
If you believe that your intellectual property rights have been infringed, please submit your complaint to TRAIVIS Support portal. You may report all types of intellectual property claims, including but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
14. Links to Third-Party Websites
The Website may contain links to non-TRAIVIS websites. These links are provided to you as a convenience and/or ancillary for the Services use, and TRAIVIS is not responsible for the content of any linked website. Any non-TRAIVIS website accessed from the Services is independent of TRAIVIS, and TRAIVIS has no control over the content of that website. In addition, a link to any non-TRAIVIS website does not imply that TRAIVIS endorses or accepts any responsibility for the content or use of such website. Use of any third-party website is subject to its terms of service and privacy policy. We request that our Users exercise caution and good judgment when using third-party websites.
15. Live Lectures Using a Third-Party Conference Calling Service
When participating in live lectures through TRAIVIS that utilise a third-party conference calling service, you agree to:
a. Comply with all the terms and conditions of the third-party service in addition to TRAIVIS' Terms and Conditions. b. Ensure your internet connection is stable and sufficient to support participation in the live lecture. c. Maintain a respectful and professional demeanour during live lectures, refraining from disruptive behaviour. d. Not record, share, or distribute any part of the live lecture without explicit permission from the lecturer and TRAIVIS. e. Be responsible for safeguarding your login credentials and not share them with others.
TRAIVIS is not responsible for the performance, availability, or reliability of the third-party conference calling service. Any technical issues, interruptions, or data breaches that occur on the third-party platform are beyond the control of TRAIVIS.
16. Creating Social Content on TRAIVIS
When creating social content on TRAIVIS, including Notes and blogs, you agree to:
a. Notes (Posts):
Ensure that your posts are relevant to the topics discussed and contribute positively to the TRAIVIS community.
Not post or share content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, offensive, obscene, toxic, or otherwise objectionable.
Not include any personal data or information that infringes on the privacy or rights of others.
Examples of Toxic Content:
Hate speech targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, or disability.
Harassment, bullying, or threatening messages directed at other users.
Explicit content or links to pornographic material.
Misinformation or false claims that can harm individuals or the community.
TRAIVIS Rights: TRAIVIS reserves the right to remove any post that violates these guidelines and may suspend or terminate the user’s account without notice. Repeated violations may result in a permanent ban from the platform.
B. Blogs:
Write blog content that is informative, accurate, and beneficial to other users of TRAIVIS.
Ensure that your blog does not contain plagiarised content and that all sources are appropriately credited.
Not use your blog to advertise or promote products or services unrelated to TRAIVIS.
Not post or share content that is inappropriate or toxic.
Examples of Toxic Content:
Blog posts that spread false information or conspiracy theories.
Content that targets individuals or groups with slanderous or libellous statements.
Posts encouraging illegal activities.
Content that is heavily political and designed to incite division or unrest.
TRAIVIS Rights: TRAIVIS holds the authority to edit, remove, or reject any blog content that violates these terms. Users may face suspension or termination of their accounts for repeated offenses.
TRAIVIS reserves the right to edit, remove, or reject any content that violates these guidelines or is otherwise deemed inappropriate or toxic. You are solely responsible for the content you create and upload to TRAIVIS and any consequences that may arise from it.
By creating social content on TRAIVIS, you grant TRAIVIS a non-exclusive, royalty-free, perpetual, and worldwide licence to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content on the platform.
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