Thank you for using Trifler (hereinafter referred to as “we” or “our”). These Terms and Conditions of Use (hereinafter referred to as “Terms”) are there to make User(s) (hereinafter referred to as “you” or “You”) aware of their rights and duties. Collectively they are referred to as “Parties” and individually as “Party”. By using our platform including but not limited to Trifler mobile application, website, microsites (hereinafter referred to as “Services”), you agree to be bound by these Terms including our Privacy Policy for Users, Cookies Policy for Users, and Refund and Cancellation Policy for Users.
Kindly read these Terms carefully. By accessing or using our Services, you are agreeing to these Terms which forms a legally binding agreement between you and Trifler (hereinafter, collectively referred to as “Parties”). We urge you to not use the Services if you do not agree or accept these Terms. Furthermore, use the Services at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate. Furthermore, Trifler is an online service providing platform and we are not a party to any agreement entered upon by User(s) among themselves or with any Partner.
Trifler is owned and operated by Aquonics Tech Service Pvt. Ltd., a company incorporated under the Companies Act, 2013 having its registered address at PLOT NO 111 KHNO 58/3 NANDA ENCLAVE NAJAFGARH, NEW DELHI, SOUTH WEST DELHI, DELHI – 110043. These Terms govern you, and your conduct when using the Services, regardless of the means of access. You represent and warrant that you possess the capacity and legal right to enter into this agreement and to use the Services in accordance to these Terms herein. You also acknowledge and agree that, unless we specifically provide otherwise, these Terms only apply to the Services and our online activities and do not apply to any of our offline activities. Please read these Terms carefully, as they form the entire agreement between you and Trifler.
We may update these Terms from time to time, so check this page regularly for updates.
TRIFLER PROVIDES SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN). THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRIFLER DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED; OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, TRIFLER MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES. TRIFLER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SERVICES, NOR DOES TRIFLER ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH TRIFLER. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. TRIFLER IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
By accessing or using Services, you agree to be bound by these Terms including but not limited to our Privacy Policy, Cookie Policy, Refunds and Cancellations Policy, Terms and Conditions of Partner Onboarding so it is important that you read these Terms, policies and procedures carefully before you register for an account on our platform.
Additionally, these Terms are also applicable along with other terms disclosed and agreed to by you when you purchase additional features, products, or services from us, which are incorporated into these Terms and any other arrangement between the Parties by reference. If you do not wish to be bound by these Terms, do not access or use our Services.
Subject to applicable law, we reserve the right to modify, amend, or change these Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change of any of the Terms via email or other means; however, you are also responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability and the Dispute Resolution provisions below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in our plans.
Before you shall use the App please make sure that you are eligible to do so and have an Account. In order to create an Account you must:
Note: -If our systems detect any suspected underage users, we will ask you to verify your identity. If you fail to verify your identity or fail to prove your majority status, in that case we hold the exclusive right to suspend or terminate your Account as the case may be.
You can create an Account through manual registration by furnishing the details correctly in our App. In case our systems detect that the entered details are not correct or you are trying to impersonate some other individual, in that case we hold the exclusive right to terminate your Account. Furthermore, every individual can only have one Account at a time on our App in order to use the Services.
Before you create an account on our App, make sure you are eligible to use our Services. This Section also gives details about your eligibility to use our Services or what you can and can't do when using the Services, as well as the rights you grant us. You are not authorized by us to create an Account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
(a) You are an individual (i.e., not a body corporate, partnership or other rival business entity) and at least 18 years old;
(b) You are legally qualified to enter into a binding contract with Trifler;
(c) You are not located in a country that is subject to an Indian Government embargo, or that has been designated by the Indian Government as a "terrorist supporting" country;
(d) You are not on any list of individuals prohibited from conducting business or being employed within India (for example, the Indian Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition;
(e) You are not expressly or impliedly prohibited by law from using our Services;
(f) You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sexual crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
(g) You do not have more than one account on our Services; and
(h) You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without any prior notice.
You agree to:
(a) comply with these Terms and other agreement between the Parties, and check this page from time to time to ensure you are aware of any changes;
(b) comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
(c) use the latest version of the Services and/or App;
(d) review the Safety Tips,
(e) take reasonable measures to protect the security of your login information.
You agree that you will not:
(a) misrepresent your identity, age, or affiliations with a person or entity;
(b) use the Services in a way that damages the Services or prevents their use by other users;
(c) use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services' networks;
(d) use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any virtual means for purposes of money laundering or other financial crimes;
(e) use our Services to promote war, nuclear war, civil unrest or the acts challenging the sovereignty, integrity and security of India.
(f) harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause psychological harm to any other user or the Partner;
(g) post or share contents expressly or impliedly prohibited by law;
(h) solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission;
(i) solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
(j) use another user's account;
(k) use our Services in relation to fraud, a pyramid scheme, or other similar practice;
(l) use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.
(m)violate the terms of the license granted to you by Tinder (see Section 6 below).
(n) disclose private or proprietary information that you do not have the right to disclose;
(o) copy, modify, transmit, distribute, or create any derivative works from, any user’s content or our content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Trifler's prior written consent;
(p) express or imply that any statements you make are endorsed by us;
(q) use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
(r) upload viruses or other malicious code or otherwise compromise the security of our Services;
(s) forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
(t) use meta tags or code or other devices containing any reference to Trifler or the platform (or any trademark, trade name, service mark, logo or slogan of Trifler) to direct any person to any other website for any purpose;
(u) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
(v) use or develop any third-party applications that interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
(w)use, access, or publish the App programming interface without our written consent;
(x) probe, scan or test the vulnerability of our Services or any system or network;
(y) create a new account after we suspend or terminate your account, unless you receive our express permission; or
(z) submit a report about a user’s behaviour or content that is false, misleading, or otherwise manifestly unfounded, or abuse any Trifler reporting or appeals request system made available.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
There are three types of Content that you will be able to access on the App:
(a) Your Content Content that you upload and provide while using the Services.
(b) Member Content - The Content that other users provide or upload while using the Services.
(c) Our Content - Content that Trifler provides (hereinafter
i. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
ii. you shall not use our name in metatags, keywords and/or hidden text;
iii. you shall not create derivative works from Our Content or scrape, disable, decompile, analyse or in any way commercially exploit Our Content, in whole or in part, in any way; and
iv. you shall use Our Content for lawful purposes only.
v. you agree and acknowledge that we Trifler reserves all rights on Our Content
While we don’t assume any obligation to pre-screen any of Your Content or any Member Content, there may be times where we need to step in to help keep our members safe, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages as set out in these Terms
We have developed matching algorithms to predict your compatibility with experiences. So, we can show you recommendations regarding venues where you would like to visit and regarding people with whom you can share your purchases made through App or Services. You can learn more about Recommender Systems from our Privacy Policy.
Although we want you to be able to express yourself as much as possible on Trifler, you are strictly prohibited from sharing inappropriate content and Trifler will not tolerate any misbehaviour on its Services. In order to maintain a positive and respectful environment, these are the types of content we do not allow on our Services –
(a) Rights That You Are Granted By Trifler
Trifler grants you the right to use and enjoy the Services, subject to these Terms. For as long as you will comply with these Terms, Trifler grants you a personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sub licensable license to access and use our Services for purposes as intended by Trifler and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
(b) Rights You Grant Trifler
You own all of the content you provide to Trifler, but you also grant us the right to use Your Content as provided in this Agreement.
Notwithstanding anything otherwise set out herein, Trifler shall in no manner be liable in any way for any in-person interactions between Partner/Venue and User(s). Notwithstanding anything set out herein, Trifler’s aggregate liability for any or all claims arising from or in connection with your use of App, Services and Venue shall not increase the Net Payable Amount.
You agree to indemnify Trifler if a claim is made against Trifler due to your actions. To the extent permitted under applicable law, you agree to indemnify, defend, and hold harmless Trifler, our affiliates, and their respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising out of or relating in any way to your access to or use of our Services, your content, your conduct toward other users, or your breach of this Agreement.
These Terms shall be governed by the laws of India and the courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these Terms.
This Agreement hereby supersedes any previous agreements or representations between the Parties. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of Trifler to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Trifler account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Trifler in any manner.