Terms and Conditions

Content

1. These General Terms and Conditions of use govern access, navigation and use of the website located at the URL trikomer.es, of the “Trikomer” application on any device, as well as any software or development of the above, owned by eConsumer Quality Business, S.L. (the Provider) and the user (consumers and users) of the site: (The Portal), who do not access it as Owners or Professionals in any of the categories listed on the Portal (Vehicle Dealers, whether official, multi-brand or specialised in Used Vehicles, Vehicle Hire Companies, Driving Schools or others that may be added and reflected in the Portal in the corresponding sections). These General Terms and Conditions of use constitute a contract between the parties, who by using the site declare that they have read and fully accepted them.

 

2. Access to the services of the Platform through the website or by other digital means, supports or devices enabled by the Provider, implies acceptance of these General Terms and Conditions of use, whether you are a mere visitor, registered user or customer of Trikomer Business services. Therefore, we invite you to familiarise yourself with these General Terms and Conditions of use and, in case of doubt, to contact us to resolve it by sending an email to info@trikomer.es. If you do not agree with the terms set out, we kindly ask you not to access, navigate or use the Platform.

 

3. The Provider reserves the right to modify these General Terms and Conditions of use at any time for technical reasons, changes in the provision of services on the Platform or in applicable regulations, as well as for modifications that may arise from applicable standard codes or, where applicable, corporate decisions. The version of the General Terms and Conditions of use that applies to the user is the one in force at the time the Provider’s online Portal is consulted. Only the current version at that time will be visible on said Portal, which will be accessible for any consultation during its validity period. The Provider will not retain previous versions of the General Terms and Conditions of use. The Provider suggests that the user print a copy of them or save them on their computer. When this occurs, the change will be published on the Platform, and in that case, if you continue to use the service, we will understand that you have accepted the modifications made. If you do not agree with the modifications made, you will have to stop using the Platform.

 

4. These General Terms and Conditions of use may be supplemented by the Provider through specific conditions that regulate the use of certain services or products (free or paid) that may be offered through the Platform. Indeed, access to certain content and the use of some services or products may be subject to specific conditions, which, depending on the case, will replace, supplement and/or modify these General Terms and Conditions of use.

 

 

Object

1. The Provider’s objective is to offer an online Portal where users can obtain information about professionals or companies that are affiliated and certified by eConsumer Quality and have been granted the Quality and Trust Commitment Certificate (“eCQ”), as well as information that other users provide about these professionals or companies with their opinions/comments and other content they generate, and filter search results through search tools, in a quick and easy manner. The Portal offers the possibility for users who have received any service from the aforementioned professionals or companies to leave opinions/comments and ratings, and it is also a means of communication between these users and the expressed professionals or companies that allows users, among other things, to request information from them. The use of this site is free for the user.

 

2. The Provider acts as a third party in the information and communications that take place between users and professionals or companies. The Provider cannot be held liable, contractually or extracontractually, for the resolution, mediation or any other intermediary role that may be developed between the professional or company and the user, or for any consequences, of any kind, resulting from a dispute between the professional or company and the user.

 

3. The Provider also offers a messaging system that the affiliated professional or company and the user can use to get in touch. The Provider will make reasonable commercial efforts to ensure that this system is protected. Nevertheless, the professional or company acknowledges that, given the current state of technology, the Provider cannot guarantee that no third party will be able to use or access the Provider’s system to read, intercept or copy messages that are not intended for them. The Provider hereby disclaims all liability arising from unlawful access and use of the site and its database by a third party.

 

4. Advertisements

In the Portal, professionals or companies can offer the services they provide in their establishments, both physical and online, to users through advertisements.

These advertisements can be viewed on the site without the need to register or subscribe. The different categories of professionals or companies proposed by the Portal have been created by the Provider to optimise search results, without necessarily matching the names or descriptions of the sector or subsectors of the same or with the official category corresponding to the Autonomous Community, Autonomous City or Region where the professional or company is located.

If there is a link on the advertisement that refers to the Google Maps tool, the professional or company must have previously ensured to the Provider that the address of the link is correct.

Registration

1. If users wish to use the other services proposed on the Portal, they must register. Registration is reserved for individuals who have legal capacity to enter into a contract, so minors and anyone under guardianship are excluded. During the registration process, a user account will be created.

 

2. The user wishing to register must provide the appropriate, relevant and strictly necessary data to fulfil the purpose for which they are collected; however, these are essential to promote the services proposed by the Portal, so the data in the forms marked with an asterisk (*) are mandatory.

 

3. The user wishing to register must provide the appropriate, relevant and strictly necessary data to fulfil the purpose for which they are collected; however, these are essential to promote the services proposed by the Portal, so the data in the forms marked with an asterisk (*) are mandatory.
4. When registering, you must choose a “username”. The “username” will be displayed on the Portal when you make a rating opinion/comment or generate any other User Generated Content (UGC hereinafter). The user may choose any “username” they wish, except for the following prohibitions:

 

• Using another person’s name,
• Using offensive or insulting words in any other way
• Using terms such as: “Administrator” (or any diminutive of it), “guest” (or any diminutive of it), “Owner”, “.com”, “.es”, or others of similar characteristics or that may cause confusion among other users.
• Using names that are protected by copyright through a trademark or similar protection right,
• Using names that violate or may violate any rights (including industrial) of other natural or legal persons,
• Using characteristics or names of famous people that belong to a third party.

As the holder of this “username”, the User is responsible for all UGC that is disclosed under it.

 

5. Only the Provider may change the username. If the user wishes to change the username they used, they must contact the email address info@trikomer.es or info@econsumerquality.com

 

6. At any time, the Provider, without notice and reserving rights, may delete, suspend or change your profile in the event that the registered user violates or is suspected of violating these General Terms and Conditions of use or applicable legislation. Upon deleting your user registration, you will no longer have access to the Portal services that require you to be registered nor access as a Registered User. Upon deleting your user registration, the Provider reserves the right to delete the UGC that has been created on the Portal.

 

7. Upon registration, along with the “username”, you may insert a photograph or image; for this photograph or image, the following is prohibited:

 

• Using the photograph or image of another person,
• Using a photograph or image that is protected by copyright or similar protection rights.
• Using vulgar or offensive photographs or images, as these may offend the sensitivity of other users.

 

8. The Provider also reserves the right, at any time and without prior notice, to delete the registration of any user as well as their UGC. In this case, the Provider will apply the liability waiver clause.

 

9. The user’s profile includes information publicly accessible by other registered or non-registered users on the Portal, such as through search engines like Google.

 

10. The Portal, during the user registration process, will provide the user with a password, with which they can access their registered user account. The user is responsible for maintaining the confidentiality of the password to access said account. The user is also responsible for all activities that occur in relation to their account, including unauthorised use of their account by third parties. The user agrees to notify the Provider of any unauthorised use they perceive in their account at the email address info@trikomer.es or info@econsumerquality.com

 

11. Users may unsubscribe from their user account whenever they wish, requesting such unsubscription through the email address info@trikomer.es or info@econsumerquality.com

 

12. When a user uses the Portal to insert an opinion/comment and rating about an affiliated professional or company, they will not need prior registration if they do not wish to do so; they will only need to use a valid email address that they own, and using a “username” is advisable but not mandatory; it is recommended that the username used in this case be their own, and even include their first surname or both if they wish, or otherwise adapt it to these General Terms and Conditions of use, as the purpose is to add value to said opinion/comment and rating for other consumers, and this is a way to provide greater value to the opinion/comment about the real experience they had with the professional or company in front of other consumers.

 

The email address provided to make the opinion/comment and rating will not be made public at any time. The Provider may use your email address to verify the authenticity of the opinion/comment. The Provider’s data protection regulations apply.

 

Likewise, the consumer/user who makes an opinion/comment and rating about a professional or company must insert in the mandatory field of the corresponding form the order number, invoice or budget that justifies that they have received the provision of a service, or the purchase of a product from the professional or company they are evaluating. The insertion of this data is mandatory, facilitating the passage of technological and human filters in case it is suspected that it may be or have malicious intent of fraud, falsehood or other reasons, as outlined in these General Terms and Conditions of use, which could be grounds for withdrawal or non-publication of said opinion/comment and rating. In addition to adhering to what is stated in Section 5, point 11, of these General Terms and Conditions of use.

 

User Generated Content (UGC)

 

1. To the fullest extent possible and in accordance with applicable legislation, the rights (including all industrial property rights) over any material, information, notifications, article reviews, ratings, opinions/comments and any other type of communication (in short, the UGC) created by registered or non-registered users and professionals or companies on the Portal, grant the Provider the non-exclusive, free, permanent and irrevocable right to:

 

• Use, copy, correct, publish, translate, assign to third parties, sell, make available to the public and reproduce, in whole or in part, online or offline (e.g., in printed media or catalogues), the UGC, as well as include it in other media in different formats (existing or developing media, technologies, etc.); and
• Assign the usage license to third parties (especially to the professionals or companies being evaluated)

 

This means, by way of example but not limitation, that the Provider:

 

• Is authorised to publish the comment;
• May authorise the use of the UGC, especially the ratings and/or opinions/comments for advertising purposes by the affiliated professionals or companies (e.g., in their advertising or for sales purposes).
• When the Provider or an affiliated professional or company publishes their ratings or opinions/comments, the user’s email address will not appear.

2. The registered or non-registered user will not have the right to receive gifts or any other remuneration or fee in relation to said UGC. The Provider may use and transfer the UGC freely, without temporal or territorial limitation.

 

3. Registered Users will be responsible for the content of the UGC they publish on the Portal.

 

4. Registered Users guarantee and certify that all UGC they publish on the Portal is correct and true (when stating facts), they will certify that the opinions/comments they make and publish are based on their own experience, that they reflect their sincere opinion about the professional or company, that they have no personal or business relationship with said entity, and that said entity has not offered them any incentive or payment for writing it. Likewise, they understand that the Provider has a zero-tolerance policy for false opinions/comments.

 

5. The Provider’s aim is to ensure that all opinions/comments and ratings have been made by customers who have had a real experience and who have no relationship whatsoever with the professional or company about which they insert/express an opinion/comment or rating.

 

6. When the user clicks to accept these General Terms and Conditions of use, they certify that they are not an employee of said entity, that they are not related to anyone who is, and that they have no personal or commercial relationship with the owners or managers of the entity in question, or with competitors that could influence the impartiality of their opinions/comments or ratings. If this is the case, in addition to violating the General Terms and Conditions of use and behaving unethically, their opinion/comment and rating will be considered fraud, which is punishable by law under the following legal regulations, both state and community against unfair competition (law 3/1991, of 10 January on Unfair Competition and its amendments that may correspond in Law 29/2009, of 30 December, as well as the community framework in the European Directive UCP 2005/29/EC on unfair commercial practices) and others.

 

7. The above is expanded upon in the Guidelines on consumer opinions, which are also publicly available to all users, registered or not, for further information.

 

8. Users may not publish, nor assist, nor encourage, nor facilitate to others this site to generate UGC on the Portal that:

 

• Have a commercial character or commercial purpose,
• Violate copyright or harm third-party trademarks or are illegal in any other way,
• Are sexist, pornographic, political, racial, malicious, defamatory, threatening, false, misleading, aggressive, offensive, accusatory, indecent, obscene, insulting or racist.
• Violate in any other way any applicable regulation, legislation or regulation, at the local, national or international levels,
• Violate these General Terms and Conditions of use, including other policies established by the Provider on the Portal.
• Have an unfair or unlawful purpose or content,
• Do not respect the confidentiality or privacy of a third party,
• Deceive, or attempt to deceive, others regarding their identity (especially impersonating another person),
• May intimidate, threaten or torment in any way, or be suitable for promoting violence or homophobia or religious intolerance,
• Be punishable or induce a crime or cause it, involve civil liability or be illegal in any other way.
• Be technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, data and other harmful conduct.
• Include links to other sites or web pages, specifically in the sections reserved for opinions/comments.
• If the Provider receives notification or becomes aware that the UGC violates current legislation and/or the General Terms and Conditions of use, it may, without any notice, delete the UGC, and must, depending on the nature of the infringement, inform the victim of the infringement and/or the relevant authorities. The right to delete will not be subject to any explanation, although it will do its best to inform the Registered User about the deletion and the reasons for it.

 

2. The Registered User guarantees that they will compensate the Provider for any claim that may be made against the Provider as a result of the Registered User’s violation of the General Terms and Conditions of use or of the applicable legislation that exists or existed at the time of the violation.

 

3. At any time the Provider may request information about the Registered User’s UGC, including documentation that supports the information included in the UGC. The Registered User must, for example, document that the UGC is based on a true purchasing experience, in a real customer relationship with the professional or company referred to in the UGC. A commercial relationship will also be valid as a real user experience when they have been physically present at the professional or company’s physical establishment and have requested a service for which they may have been provided a quote for a product or service they wished to obtain, even if they ultimately did not purchase it.

 

Disclaimer and Compensation

1. The Provider makes no guarantees regarding the content or accuracy of the UGC or the Portal, and will not be liable for the deletion or blocking by itself or others of the UGC, although it will do its best to maintain all this UGC with the utmost diligence. The Provider may at any time, at its own discretion, and without any liability, delete any content on the Portal. The Provider expressly excludes all conditions, warranties and other terms that may otherwise be implied by law, common law or equity.

 

2. The Provider will not examine or control all the UGC published on the Portal. Notwithstanding the above, the Provider will investigate and edit at all times (including anonymity) the UGC, for example if such acts:

 

• Are requested by third parties,
• Are required by competent authorities, by applicable legislation,
• Are necessary for the UGC to comply with the expressed and regulatory Policies of the Portal.

 

3. The Provider will not be responsible for the content of the UGC. The Provider’s lack of liability applies to all UGC, including UGC that has been edited by the Provider.

 

4. The Provider will not be responsible for any link to third-party sites or pages in the UGC, including the content of the page or site to which the UGC links.

 

5. Recommendations, reviews, comments, opinions, etc. of professionals or companies, services, specific internet businesses, etc. on the Portal are only guidelines. In no case can the Provider be held liable for the content of the Page or website. The use of the Portal will in any case be solely the responsibility of the registered or non-registered Users. The Provider will not be held liable for the availability of the website.

 

6. The Provider will not be liable in any case for damages arising from the use of the Portal, including:

 

• Loss of profits, loss of contracts or turnover, clientele, business opportunity, loss or corruption of data, goodwill, breach of security as a result of third-party telecommunications failure and/or the Internet, expected savings or income (regardless of whether any of them is direct, indirect or consequential),
• Any loss or damage resulting from liability to third parties (whether direct, indirect or consequential),
• No indirect or consequential loss.

 

 

7. The Registered User must compensate the Provider for any claim or loss as a result of claims from third parties against the Provider arising from the Registered User’s UGC.

 

8. Nothing in the General Terms and Conditions of use excludes or limits the Provider’s liability for death or personal injury as a result of its negligence, nor its liability for fraudulent misrepresentations or false statements in relation to a material issue, nor any other liability that cannot be excluded or limited in accordance with applicable legislative frameworks.

 

Other General Terms and Conditions of use

 

1. The Provider may at any time, without notice, review or modify these General Terms and Conditions of use or, at its discretion, without notice, change or reorganise the Portal. As a Registered User or not, you agree to be subject at all times to the current General Terms and Conditions of use. Any revision or change to these General Terms and Conditions of use must be stated on the Portal. The Provider will also do its best to inform Registered or non-Registered Users of the modification of the General Terms and Conditions of use. Registered or non-Registered Users agree that continued use of the Portal after the publication of any modified version of the General Terms and Conditions of use constitutes acceptance of the modified General Terms and Conditions.

 

2. If any of these General Terms and Conditions of use are deemed unlawful or ineffective, and therefore cannot be enforced, this will not affect the applicability and observance of the remaining General Terms and Conditions of use.

 

Regulations and Jurisdiction

All matters relating to the Portal are governed exclusively by Spanish law. The language of drafting and interpretation of this legal text is Spanish. In the event of any discrepancy or difference between the parties regarding the interpretation and content of this website, all parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Córdoba.

 

Warning: This Legal Notice, General Terms and Conditions of Use have been modified on 30/01/2017. We may modify them at any time: please check the issue date each time you connect to our website to ensure that no modifications have occurred that affect you.