TERMS & CONDITIONS

Use of Trilogy’s Website is subject to the terms of use outlined below.

By using Trilogy’s Website you agree to these terms of use.

This terms of use agreement (“agreement”) sets forth the legally binding terms for your use of Trilogy’s online services. By using Trilogy’s Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse Trilogy’s Website), or a “Member” (which means that you have registered with Trilogy’s Website). The term “User” refers to a Visitor or a Member. You are only authorised to use Trilogy’s online services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you wish to become a Member, communicate with other Members and make use of Trilogy’s online services, you must read this Agreement and indicate your acceptance during the Registration process. The content and information on this website (including, without limitation, price and availability of items), as well as the software and infrastructure used to provide such content and information, is proprietary to Trilogy’s Website or its affiliates, suppliers, and providers.

Trilogy may modify this agreement from time to time and such modification shall be effective upon posting by Trilogy on the website. You agree to be bound to any changes to this agreement when you use Trilogy’s online services after any such modification is posted. It is therefore important that you review this agreement regularly to ensure you are updated as to any changes.

Privacy policy

Your use of this website is governed by Trilogy’s privacy policy, which is available on Trilogy’s privacy policy page and incorporated by reference into these terms.

Description of service

Trilogy’s Website provides users with tools and resources for searching and purchasing fashion retail items, including online collaboration tools and search services now available or hereafter developed, including without limitation any software incorporated into such tools and services (the “service”).

You may not access Trilogy’s website using automated processes, even if this is for personal use.

Use of copyrighted materials/trademarks

Any materials on this website or app, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the “Materials”) are copyrighted materials owned by or licensed to Trilogy. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Trilogy’s and/or its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the website, you are hereby authorised to view, download, cache, copy, and print the Materials, subject to the following conditions: (1) Any copy of the Materials or portion thereof must include the Trilogy’s Website copyright notice. (2) Trilogy’s Website reserves the right to revoke such authorisation at any time, and any such use by you shall be discontinued immediately upon notice from Trilogy’s Website.

Hyperlinks to this website

You are granted a limited, nonexclusive right to create a “hypertext” link to the home page of this website or app provided that such link does not portray Trilogy’s Website or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilise framing techniques to enclose any Trilogy’s trademark, logo or trade name or other proprietary information including the images found at the website, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Trilogy.

Member accounts, passwords and security

Certain areas of the website may be password-restricted and require registration or sign-in before they can be accessed. When you complete our registration process you will receive a profile and you select your own password that will enable you to access all Trilogy’s online services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorised use of your password or any other breach of security. You agree that Trilogy cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

When you have logged in to your profile you will remain logged in until you log out even if you close the browser used by you.

Content submitted for inclusion on or for distribution through Trilogy’s Website

You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, email or otherwise submit to the website or the app or make available using the service, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright. Trilogy does not claim ownership of content (including photos and graphics) you submit or make available for inclusion as part of our content. However, with respect to content you submit or make available for inclusion as part of Trilogy’s content, you grant Trilogy a world-wide, royalty free, and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of providing and promoting the content that was submitted.

This license exists only for as long as you elect to continue to include such content on the service and will terminate at the time you remove or Trilogy removes such content from the service. You agree to provide a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense content (including photos and graphics) you submit or make available for inclusion in “publicly accessible” areas of the service. “Publicly accessible” areas of the service are those areas that are intended by Trilogy’s Website to be available to the general public including content where the option to share content with the public has been selected.

You understand that by using the service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Trilogy be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.

General practices regarding use of Trilogy’s Website

You acknowledge that Trilogy’s Website may establish general practices and limits concerning use of the service. In addition, you agree not to take any action that might impose, in Trilogy’s Website’s discretion, a disproportionately large load on Trilogy’s Website’s servers or infrastructure.

Modification of service

Trilogy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the service (or any part thereof) with or without notice. You agree that Trilogy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

Termination

You agree that Trilogy may, at its sole discretion and without prior notice, immediately terminate your profile and access to the service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these terms of use or other Trilogy agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the services. Termination of your profile includes (a) removal of access to all offerings within the service, including but not limited to your travel itineraries, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring further use of the service. Further, you agree that all terminations for cause shall be made in Trilogy’s discretion and that Trilogy shall not be liable to you or any third-party for any termination of your profile or access to itineraries created using the service.

Liability disclaimer

The information, software, and services on the website may include inaccuracies or typographical errors. In particular, Trilogy’s Website and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of clothing, accessories and other products displayed on this website (including, without limitation, photographs, list of features, general product descriptions, much of which information is provided by the respective suppliers). Trilogy and/or its suppliers may make improvements and/or changes on this website at any time.

Trilogy makes no warranties or guarantees with regard to the services provided by third party service providers. Trilogy is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Trilogy has no liability in the event of any delay, cancellation, strike, force majeure, or other causes beyond its direct control, and it has no responsibility for any additional expense, omission, delays, or acts of any government or authority. In no event shall Trilogy and its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this website or with the delay or inability to use this website, or for any information, software, products, and services obtained through this website, or otherwise arising out of the use of this website. Notwithstanding the foregoing, in no event will the total, cumulative liability of Trilogy (or its agents or suppliers) for damages under this agreement exceed the amounts earned by Trilogy’s Website for the product or service giving rise to such damages.

Indemnification

You agree to defend, indemnify and hold Trilogy from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) by third parties arising out of content you submit, post, transmit, or make available through the Trilogy’s Website, your use of the service, (iii) any third party arising out of your use of the service or the use of the service by any person using your profile and/or password, or (iv) by third parties arising out of your breach of these terms of use, or your violation of any law or the rights of a third party.

No unlawful or prohibited use

As a condition of your use of this service, you warrant that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Trilogy encourages you to use the online services as long as you follow the Trilogy terms of use and Trilogy’s prohibition of spamming and inappropriate content.

Violations of our Terms of service and spam policy may result in legal action against you and the termination, without notice, of your Trilogy Website profile and all information and associated with it. Trilogy does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

You agree to not use the Trilogy Website to:

  • Upload, post, email, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Impersonate any person or entity, including, but not limited to, a Trilogy official, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Upload, post, email, or otherwise make available any content that you do not have a right to make available;
  • Upload, post, email, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation;
  • Upload, post, email, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Service or servers or networks connected to the Service.
  • You acknowledge that Trilogy may or may not screen content, but that Trilogy’s Website has the right (but not the obligation) at its discretion to screen, refuse, or move any content that is available via the service. Without limiting the foregoing, Trilogy and its designees shall have the right to remove any content that violates these terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Trilogy or submitted to Trilogy’s Website.

Advertising and links to third-party sites

This website may contain hyperlinks to web or mobile sites operated by parties other than Trilogy’s Website. Such hyperlinks are provided for your information and reference only. Trilogy’s Website does not control such web or mobile sites and is not responsible for their contents or your use of them. Trilogy’s inclusion of hyperlinks to such web or mobile sites does not imply any endorsement of the material on such web or mobile sites or any association with their operators. You further acknowledge and agree that Trilogy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available through any third party web or mobile site.

Intellectual property

You agree not to copy, reverse engineer, or attempt to discover any source code, distribute or create derivative works based on the service, in whole or in part. You agree not to access the service by any means other than through the interface that is provided by Trilogy for use in accessing the service. In addition, any software that is made available from this website or app, including, without limitation, all HTML code and web controls, are owned by or licensed to Trilogy. Any reproduction or redistribution of this software is expressly prohibited.

You agree to be financially responsible for all of your use of this website (as well as for use of your profile by others). You also warrant that all information supplied by you or members of your household in using this website is true and accurate.

Applicable Law

Maltese law governs the terms of use of this agreement as well as any disputes that may arise from the agreement or using the Trilogy Website.

Any legal actions that may arise will be filed in Malta, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms of use.