Version 1: October 2020
The Trilo Agreement is an agreement between Trilo Group Limited (“Trilo”, “we”, “us”, “our”) and a client of our Customer (“End-User”, “you”) that uses Trilo’s services through an application. Please read these terms carefully.
This Agreement has been laid out in different sections and you may go to the relevant section of interest directly. Please note, the headings are for reference only, and while the Agreement has been formatted for ease of reading, please do ensure that you read all sections of the Agreement.
Section 1: Introduction
Section 2: About Trilo
Section 3: Trilo services
Section 4: How we protect your Credentials for Payment Initiation and Account Information Services
Section 5: What we need from you
Section 6: What happens when you use the Service
Section 7: Liability
Section 8: Our ownership of the website and the Service
Section 9: Disclaimer of Representations and Warranties
Section 10: What if things go wrong?
Section 11: About this agreement
Section 12: Changes to these Terms
Section 13: Who Decides Disputes?
Section 14: Entire Agreement
Annex 1 – Account Information
Annex 2 – Security
There are a few other relevant policies that are linked here, which may be read in conjunction with the Agreement, or as stand alone documents. These include:
Should you have any queries on the agreement, please email us at legal@trilo.io
Section 1: Introduction
1.1 Set out below are the terms of service (“Terms”) which apply when you (the “End-User”) use the Service as defined below, and which set out the legally binding conditions which govern our provision of the Service to you.
1.2 Your use of the Service is conditional on your acceptance of these Terms. You should read these Terms carefully and make sure you understand them before agreeing to them. These Terms are available for you to download. You may also request a copy of these Terms from us at any time after your use of the Service by emailing us at legal@trilo.io. The Terms are only available in English.
2.1 Trilo Group Limited is a company registered in England and Wales (company number 11684530) and our registered office is at Bath House Bath Street, Redcliffe, Bristol, England, BS1 6HL. We are authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 (SI 2017/752) (Firm Reference Number: 919295) with permission to carry on account information services and payment initiation services. (“Trilo”, “we”, “us”, “our”).
3.1 Our services to you include the following (together, the “Service”):
3.1.1 We will provide you with a software tool (the “Tool”) which you can use to transmit information relating to payment accounts (“Account Information”) that you hold with an Account Servicing Payment Service, such as any payment service provider (for example, a bank or credit card issuer) that maintains a payment account on your behalf that is accessible online, (“ASPSP”) to Trilo, according to these Terms.
3.1.2 The Tool will also allow End-Users to initiate payment orders with respect to a Payment Account held by them with Payment Service Providers other than Trilo
3.1.3 To use the Tool you will need to provide the same identifying information that you use to access the relevant payment accounts when you log in yourself (the “Credentials”).
3.1.4 The Tool will allow you to use your Credentials to retrieve such Account Information as you choose to transmit them to Trilo. Annex 1 lists the information that you can elect to retrieve and transfer using the Tool.
3.1.5 We may use internet providers, web browsers or other third parties to access your Data to provide you with the Service.
3.2 The Account Information collected from your ASPSP is not checked for accuracy so we cannot check that the aggregated information provided to Trilo is accurate, although we will of course use all reasonable efforts to ensure that our aggregation of that Account Information is accurate.
3.3 The services provided by Trilo and the ASPSP are dealt with by the agreements that you have with each of them. As a result, we have no responsibility for the products and services provided to you by any ASPSP, or any other third party and are not liable to you for any harm, damage or loss arising from your use of those products and services. In particular, you should check your ASPSP’s rules on data privacy.
3.4 We are not authorised to provide financial or investment advice under the Financial Services and Markets Act 2000, and our provision of the Service does not amount to financial or investment advice. If you require financial or investment advice you should contact an appropriately authorised adviser.
3.5 Trilo End-User Trilo Boost is a reward the Customer invests in the End-User, and is provided in the form of a discount at the point of payment. The Trilo Boost amount at the time of drafting these Terms is 1% but may change in the future, and we will notify you if this does change.
3.6 At the time of writing these Terms we will not charge you for your use of the Service, however this may change in the future and we will notify you in advance if this changes.
3.7 In an effort to protect consumer rights, We monitor our merchants’ compliance with the Consumer Rights Act 2015, and if We find a particular merchant to have breached the requirements of the Act, we reserve the right to suspend their use of Our Services, and/or terminate Our relationship with them. We will work with you and our merchants to try and remedy any situation which arises.
4.1 All data including Trilo account credentials, Account Information, and bank account details are encrypted in transit using SSL.
4.2 A User’s Trilo account credentials consist of a unique identifier and a secret which are encrypted, stored, and managed by AWS using SOC 3 compliant services.
4.3 A User’s unencrypted secret is never stored. Neither the encrypted nor the raw secret is accessible by Trilo staff. However, as explained in the Privacy Policy, metadata (e.g. unique identifier, name, email address, affiliations with other users) is accessible to us.
4.4 The User’s Account Information and Bank Account details are encrypted at rest in storage on SOC3 compliant AWS services.
4.5 We will not provide your Trilo account credentials in raw or encrypted format to any third party.
4.6 We may provide a User’s bank account details or Account Information to third parties, e.g. through Open Banking for the purposes of arranging payments to the User during a refund.
4.7 Any Account Information that we access will only be accessed where you have explicitly given us permission to do so. Please refer to Annex 2 for more details on how we protect your Credentials and Account Information.
5.1 You are only permitted to use the Service if you are aged 18 or older and resident in the UK. By agreeing to these Terms you warrant this to be the case.
5.2 We are providing the Service to you only so you should not share your access to the Service or your Credentials with anyone else.
5.3 You are only entitled to access and use the Service in accordance with these Terms.
5.4 We need to know we are transmitting Account Information relating to the right person. You must provide us with information which is accurate, and must not misrepresent your identity or any other information about you.
5.5 You agree not to share your payment initiation or account information Credentials with anyone.
6.1 By using the Service, you:
6.1.1 warrant that you are allowed to use the Credentials for this purpose, without any obligation by us to pay any fees or subject to any other limitations including any agreements with third parties.
6.1.2 give us your explicit consent to retrieve and display your Account Information for you using the Tool and transmit it to the Trilo dashboard for the purpose of providing the Service;
6.1.3 give us explicit consent to provide the service which allows End-Users to consent to the initiation of payment orders with respect to a Payment Account held by them with other Payment Service Providers
6.1.3 agree that you will not:
6.1.3a use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our website at https://trilo.io or any other Trilo domain (the “Site”) or the Service or any portion of them without our express written consent, which may be withheld at our sole discretion;
6.1.3b use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service;
6.1.3c post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Service; or
6.1.3d attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service for any purpose other than those provided for by us and in conjunction with the operation of the Service.
6.2 We take your privacy seriously and we use your personal data in line with our Privacy Policy which can be found above. You agree to us controlling and processing your personal data in accordance with the Privacy Policy and these Terms for the purpose of providing the Service to you. If you are not comfortable with how we handle your personal data as explained in the Privacy Policy, you should not use our Service.
7.1 You agree that you will be liable for any losses sustained by Trilo as a result of your breach of these Terms and will compensate Trilo in full for any such losses.
7.2 As under The Payment Services Regulations 2017 section 76(5) “Payment service provider’s liability for unauthorised payment transactions” You agree that unless Trilo is found to be responsible for an unauthorised payment transaction, the account servicing payment service provider must refund the amount of the unauthorised payment transaction to You.
8.1 We are the owner or the licensee of all intellectual property rights in the Service, the Site and in the material published on the Site. All of those works are protected by copyright and other intellectual property laws and treaties around the world. All rights are reserved to the relevant owner or licensee of those works.
9.1 While we will provide the Service with reasonable care and skill, the content and all services and products associated with the Service or provided through the Site or the Service are provided to you on an “as-is” and “as available” basis.
9.2 Subject to the section below, under ‘service interruptions’, we make no express representations or warranties of any kind as to the content or operation of the Service;
9.2.1 as to the accuracy, reliability or completeness of the content of the Service (except for our aggregation methods); or
9.2.2 that the content that may be available through the Service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
9.2.3 and expressly disclaim any warranties of non-infringement or fitness for a particular purpose.
10.1 We are only responsible to you for reasonable and foreseeable loss and damage caused by us, and are not responsible for damage due to failures by any third party we rely on, including ASPSPs. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. We are not responsible for any losses that you suffer as a result of our failure to comply with these Terms except those losses which are a foreseeable consequence of the breach. Loss or damage is foreseeable either if it is obvious that it will happen or if, at the time you agreed to these Terms, both we and you knew it might happen.
10.2 We will not be liable nor responsible for any harm, damage or loss to you arising from or relating to hacking, tampering or any unauthorised access to your Account Information, Credentials or other data outside of the Service that we provide. You warrant that you have undertaken all reasonable efforts to ensure and secure your Credentials and Account Information outside of the Service that we provide. Subject to the section below, our liability to you for any cause whatever and regardless of the form of the action, if proven, will at all times be limited. You can read more about our security measures in Annex 2.
10.3 We are not liable to you for any harm, damage or loss to you arising from the acts or omissions of any third parties, including in particular ASPSPs.
10.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Service.
10.5 We are registered with the Information Commissioner’s Office (“ICO”), the regulator in charge of data protection and privacy under registration number ZA742740.
10.6 Where we become aware of any personal data breaches in relation to the Service and your Credentials where such a breach is likely to result in high risk of adversely affecting your rights and freedoms we will, where feasible report such a breach to the ICO and to you within 72 hours of becoming aware of the breach.
10.7 If you suspect that somebody else has access to your Credentials and is fraudulently using them to access the Service, you must contact us immediately by email to the following address: security@trilo.io
11.1 These Terms will apply each time you use our Service.
11.2 We may at any time terminate or withhold your access to all or any part of our Service at any time, effective immediately:
11.2.1 if you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms); or
11.2.2 if we, in our sole discretion, believe we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).
12.1 Each time you use our Service you will be bound by the Terms in force at that time.
12.2 From time to time, we may change these Terms. If we do this then we will publish those changes on our website and you will be bound by those new terms the next time you use our Service. If you do not agree to those changes you should not use our Service. You can always ask us for the terms of service which were in force when you used the Tool.
13.1 The courts of England and Wales will have exclusive jurisdiction to settle any disputes arising under or in connection with these Terms.
13.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
13.3 Should you wish to raise a complaint with us, please review our complaints policy and follow the procedure contained therein. You have the right to raise complaints with the Financial Ombudsman Service, where relevant.
14.1 These Terms constitute the entire agreement and understanding between the parties in respect of the Service and supersede any previous agreement between the parties relating to such matter. Each of the parties represents and undertakes that in entering these Terms it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms.
14.2 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
14.3 A waiver of any right or remedy under these Terms or by law is only effective if given in writing.
14.4 A failure or delay by either party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.5 All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.
Your Account Information includes, but is not limited to, the following types of financial and personal information:
If you have any questions about your Account Information or how it is used, please see our Privacy Policy at the following link https:/trilo.io/privacy or contact us by email at support@trilo.io
Last updated: 26 April 2022
We understand that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers, users, contractors and contacts and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
In this privacy notice, we explain how Trilo processes the personal data of individuals and organisations who have registered for an account with us and/or use our services. This privacy notice explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
Trilo Limited (Trilo, we, our) is registered as a controller with the Information Commissioner’s Office (ICO) under registration number: ZA742740. Furthermore, Trilo is also authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 (SI 2017/752) (Firm Reference Number: 919295) with permission to carry on account information services and payment initiation services.
Company: Trilo Group Limited
Address: Bath House Bath Street, Redcliffe, Bristol, England, BS1 6HL
Data Protection Officer: Hamish Blythe
Email address: privacy@trilo.io
Telephone number: +44 7360 540159
Personal data refers to information about an individual or, alternatively, information from which an individual can be identified.
Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in section 5, below.
Under data protection legislation, you have the following rights, which we will always work to uphold:
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in section 2 of this privacy notice.
Further information about your rights can also be obtained from the ICO or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with a supervisory authority – in the UK, this is the ICO (https://ico.org.uk).
We collect your personal data directly from you, including when you use our website and website-application, and application when you create and use an account with us and when you contact us.
In the future, we may also collect your personal data from third parties, for example, our business customers who might provide us with your contact details so that we can email you and ask you to create an account with us and/or information about any products or services you are receiving from them. We may also collect your personal data from other third parties, such as those listed in section 8 of this privacy notice.
We may collect some or all of the personal data set out below:
If you have an account with Trilo, you should regularly check your details in your account to ensure that any personal data provided remains up to date.
We set out below the purposes for which Trilo processes your personal data and the lawful bases for processing your personal data:
Other reasons we may process your personal data for include:
In certain circumstances, failure to provide us with personal data about your or another person may prevent us from performing any legal obligations to you or another person. For example, if you make a data subject access request, we may need to verify who you are before providing personal data to you; if you do not provide the information we reasonably need to verify your identity, we may not be able to comply with the subject access request.
We will not keep your personal data for any longer than is necessary to process the personal data for the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
We set out below the circumstances in which your personal data might be shared with third parties:
When your data is transferred internationally, we are required to ensure you are afforded equivalent protection in respect of your personal data to that provided in the UK.
Generally, we will put in place appropriate safeguards when making international transfers, for example, by using specific contractual clauses which have been approved by the European Commission and/or the UK Government together with supplementary measures if we deem it necessary in the circumstances, for example, further contractual commitments or enhanced security.
We are following the developments in this area of law and will be putting in place any necessary new, different and/or additional measures for any such transfers.
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in section 2 of this privacy notice. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will aim to respond to your subject access request within one month of receiving it or as otherwise provided for in data protection legislation. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
To contact us regarding your personal data and data protection, including to make a subject access request, please use the contact details in section 2 of this privacy notice.
We may change this privacy notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available in the latest version of this document, which is always available from our website.
Version 2: Dec 2022
2.1 Trilo Group Limited is a company registered in England and Wales (company number 11684530) and our registered office is at Bath House Bath Street, Redcliffe, Bristol, England, BS1 6HL. We are authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 (SI 2017/752) (Firm Reference Number: 919295) with permission to carry on account information services and payment initiation services. (“Trilo”, “we”, “us”, “our”).
2.2 Services we provide
3.1 Subject to the Customer’s compliance at all times with the terms of this Agreement, Trilo hereby grants to the Customer a limited licence (the “Licence”) for the Term:
3.1.1 To use the Service; and
3.1.2 To, with Trilo’s prior written consent and subject to clause 8, include the Trilo Mark on the Customer Technology.
3.2 Trilo shall use all reasonable endeavours to make the Service available to End Users.
3.3 Subject to clauses 3.1 and 3.2, Trilo does not give any warranties, conditions, guarantees or other commitments to the Customer in respect of the Service.
4.1 The Customer shall:
4.1.1 provide Trilo with all necessary cooperation in relation to this Agreement and the performance of Trilo Obligations;
4.1.2 comply with all Applicable Laws with respect to its activities under this Agreement;
4.1.3 Provide a professional brand logo in the Customer’s branding, to display on the Trilo platform, with the permission of the Customer.
4.2 The Customer shall not, and shall not permit any person to:
4.2.1 do anything with the Service or API which is not allowed for in this Agreement;
4.2.2 remove any Trilo IP from the Service or the API;
4.2.3 except as expressly permitted in this Agreement, use the Service and/or API to provide services to third parties;
4.2.4 do anything which may tarnish the reputation of Trilo.
4.3 The Customer agrees to cooperate with Trilo in the investigation of any alleged breach of the Consumer Rights Act 2015.
5.1 The Customer acknowledges that each End User’s use of the Service is subject to the End User’s agreement to the End User Agreement, and the End User providing correct credentials.
5.2 Trilo reserves the right to suspend the Customer’s access to the Services, and/or to terminate this Agreement.
6.1 The Customer:
6.1.1 shall not access or attempt to access any part or parts of the Service and/or API to which it has not been granted access to by Trilo;
6.1.2 shall not share with any third party the Customer's credentials.
7.1 The Customer shall pay to Trilo a subscription fee according to the tier of their subscription per month, payable every calendar month. Any add-ons that the customer has enabled shall also be charged at the same time.
7.2 The fees shall be payable in Pounds Sterling (GBP).
7.3 Trilo may withhold or suspend the Service if the Customer has not paid its fees by the due date.
7.4 The Customer agrees to settle its accounts within 30 days of any payment being due.
7.5 If the Customer enables Card, Apple Pay or Google Pay payments using with an Acquiring Partner of Trilo, transaction fees may be charged.
8.1 The Trilo Boost can be found in schedule 2, and the Customer may only vary this with the prior approval of Trilo.
8.2 The Customer shall always display the Trilo Brand Wording to their customers whilst they accept Trilo as a payment method.
9.1 Trilo supports refunds through Open Banking using the Trilo APIs. Please note, not all business accounts are currently supported. Please get in touch at support@trilo.io for an updated list of the business accounts which we support.
9.2 Trilo offers two methods of refunds:
9.2.1 Singular refund settlement whereby the Customer may refund an End-User on a single per transaction basis without incurring a charge; and
9.2.2 Batch refund settlement whereby the Customer may refund multiple End-Users in one settlement whilst incurring a £0.20 charge per refund.
9.3 Trilo is not responsible for refunds made outside the Open Banking system and its APIs.
10.1 All Intellectual Property Rights belonging to a Party prior to execution of this Agreement shall remain vested in that Party and neither Party shall acquire by reason of this Agreement or otherwise any rights in the other’s Intellectual Property Rights.
10.2 Either Party may not use any of the other party’s Intellectual Property or Marks unless it has received prior written consent from the other Party.
10.3 Neither Party shall be entitled to sub-license the rights granted under this clause without the prior written consent of the other Party.
10.4 Should the Parties decide to jointly develop any product, document, service, function, concept or any other item in connection with this Agreement which shall give rise to new Intellectual Property Rights, the Parties shall enter into a separate written agreement, or amendment to this Agreement, in order to set out the ownership of such Intellectual Property Rights as between the Parties.
11.1 Each party warrants at the date of this Agreement that:
11.1.1 it has full capacity and authority to enter into and perform its obligations under this Agreement;
11.1.2 this Agreement is executed by a duly authorised representative;
11.1.3 it is not subject to an Insolvency Event; and
11.1.4 it has the necessary regulatory consents to enter into this Agreement.
12.1 Both Parties shall, unless required by law, keep confidential all Confidential Information and only allow employees access to the extent necessary for them to perform their duties in relation to the performance of this Agreement and where employees have an agreement or duty to prohibit disclosure of Confidential Information.
12.2 This clause 12 shall survive termination of this agreement for any reason.
13.1 Each party shall comply with its obligations under the Data Protection Legislation.
13.2 The parties acknowledge and agree that in relation to the Personal Data to be shared and processed by the parties pursuant to this Agreement ("Shared End User’s Personal Data") each party acts as a Controller in its own right.
13.3 Trilo confirms all data is processed by it in the United Kingdom.
14.1 Neither party shall be liable to the other (whether in contract, tort (including negligence), misrepresentation, breach of statutory duty (including strict liability) or otherwise arising out of, or in relation to, this Agreement ) for any:
14.1.1 loss of profits or revenue (whether direct or indirect);
14.1.2 loss of opportunity or anticipated savings (whether direct or indirect);
14.1.3 loss of goodwill or reputation (whether direct or indirect);
14.1.4 loss or corruption of data (whether direct or indirect); or
14.1.5 special, indirect or consequential loss or damage,
14.1.6 suffered by that other party.
14.2 Trilo's maximum aggregate liability to the Customer under or in connection with this Agreement shall not exceed in any Year the greater of: (i) £50,000 (fifty thousand pounds); or (ii) the total Fees paid or payable by the Customer to Trilo in that Year.
14.3 The Customer shall indemnify Trilo against all losses, liabilities, costs, claims, and damages suffered and/or incurred by Trilo arising out of or in connection with any breach by the Customer of this Agreement.
14.4 As under The Payment Services Regulations 2017 section 76(5) “Payment service provider’s liability for unauthorised payment transactions” the Customer agrees that unless Trilo is found to be responsible for an unauthorised payment transaction, the account servicing payment service provider must refund the amount of the unauthorised payment transaction to the End User.
15.1 Each party shall during the Term comply with all Applicable Anti-Bribery Laws.
16.1 Any notice required to be given under this Agreement shall be in writing via email to either signatory of the parties and shall be deemed to have been delivered 24 hours after being sent, excluding weekends.
17.1 The Agreement shall remain in force until terminated.
17.2 Either Party may terminate this Agreement by giving the other Party 30 days Notice of termination.
17.3 Either party may terminate this Agreement with immediate effect by giving notice to the other party if the other party:
17.3.1 materially breaches this Agreement if such breach is not capable of remedy or, where such breach is capable of remedy, where that party fails to remedy the breach within fourteen (14) Business Days of being notified of the breach in writing; or
17.3.2 is subject to an Insolvency Event.
18.1 Neither party shall be liable for any failure to perform or delay in performance of any of its obligations under this Agreement caused by circumstances beyond the reasonable control of that party, including but not limited to adverse weather conditions, natural disasters, fires, floods, explosions, earthquakes, nuclear disasters, insurrection, riots, acts of terrorism, war, and acts of Government (a “Force Majeure Event”).
18.2 In the event of a Force Majeure Event, the affected party's performance under this Agreement shall be suspended for the period that the Force Majeure Event continues and the party will have a reasonable extension of time for performance of its obligations in the circumstances.
18.3 If the Force Majeure Event continues for more than thirty (30) consecutive days, the unaffected party may terminate this Agreement with immediate effect.
19.1 No failure by a Party to exercise, nor any delay by a Party in exercising, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any other or further exercise of any other right. The rights and remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law.
20.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
21.1 The Customer may not assign, novate, dispose or otherwise transfer this Agreement or any rights or obligations under this Agreement to any third party or otherwise deal with this Agreement without the prior written consent of Trilo.
22.1 This Agreement (including all schedules and any other documents referred to herein) constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they relate in any way to the subject matter hereof.
23.1 The parties to this agreement do not intend that any term of this agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this agreement.
24.1 Nothing in this Agreement and no action taken by Customer or Trilo under this Agreement shall constitute a partnership, association, joint venture or other co-operative entity between Customer and Trilo.
25.1 This Agreement shall be governed by and construed in accordance with English law. The parties irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
Trilo’s Logo and Brand Assets can be found here: https://bit.ly/TriloBranding
The Trilo Boost amount is what you specified when creating your account. You can find out what this is by checking your account, or getting in touch with the team.
Last updated: 26 April 2022
We, Trilo Group Limited (Trilo), use cookies and similar technologies (cookies) on both our website and web-application.
A cookie is a small text file that is downloaded onto your device when you access a website. It allows the website to recognise your device and store some information about your preferences or actions.
We will obtain your consent to use these cookies except when the cookie is strictly necessary for the operation of both our website and web-application.
The cookies used on our website and web-application are either set by us or by our third-party service providers, and fall into the following categories:
Information collected by the cookies we use may include:
Some of the cookies set on our website may be set by third party service providers. These providers have access to personal data about you, obtained when you use our website. We set out below the third party cookie providers that set cookies on our website and web-application.
We use a combination of session and persistent cookies. Session cookies keep track of your current visit and how you navigate both our website and web-application and persistent cookies enable both of these to recognise you as a repeat visitor when you return. The session cookies will be deleted from your device when you close your browser. Persistent cookies remain on your device after you have left the website or web-application. All cookies used by Trilo are persistent and expire only if cleared by the user.
In addition to being able to refuse non-necessary cookies through the respective functionalities on our website and web-application, you can also manage cookies through your browser settings. Most browsers have cookies enabled by default, but you are able to change your cookie settings, which are usually found in the 'options' or 'preferences' menu of your internet browser. You can block any cookies from any website by activating the setting on your browser that allows you to refuse the setting of some or all cookies. However, if you block all cookies you may not be able to access all or part of our website or use some features of our website. You can also use your browser settings to delete cookies. For more information about cookies please visit https://ico.org.uk/your-data-matters/online/cookies/.
For more detailed information on the cookies we use on both our website and web-application, please see the tables below:
