Terms of Service
Acceptance of Terms of Service for Trustcrow Digital Escrow Limited
In these Terms, “Account or Trustcrow Account” means a unique personified account registered in the name of a person and which contains details of such on the Platform (as defined below). “Buyer” means a person who makes a purchase. “Platform” means, collectively the Company’s website, mobile application and other related applications provided by Trustcrow. “Seller” means a person who is selling a product, goods or services. “Service(s)” means all products and services provided to you by Trustcrow and as described in clause 3 of these Terms. “Site” means www.gotrustcrow.com provided by Trustcrow Digital Escrow Limited. “Terms” means these standard terms of service. “Transaction Detail Screen” means those screens on the website where Users will provide all requested information relating to a transaction. “Trustcrow Content” means any information, resources or data (including text, images, photos, videos, audio, and documents) or any other content in any media and format that Trustcrow may provide or make available to you in connection with your use of the Platform. “User” means a person who completes the registration process for the purpose of making use of our services which includes buyers, sellers and visitors collectively. “User-Submitted Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format that you, directly or indirectly, provide or make available to us in connection with your use of the Platform. The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Platform, which are incorporated by reference, including operating rules, policies, and procedures of third-party service providers to the Platform that are referenced in the Terms. These Terms apply to every user of the Service. In addition, some Services offered through the Platform may be subject to additional terms and conditions adopted by the Platform. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Trustcrow reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Platform. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Platform and the Service. Your continued use of the Service following the posting of any changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Trustcrow reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. Trustcrow may also impose limits on certain features and Services or restrict your access to parts of or the entire Platform without notice or liability.
Scope of Trustcrow’s Services
Trustcrow is a company that facilitates secured transactions by offering escrow services for peer-to-peer transactions. The services are performed by www.gotrustcrow.com and escrow services provided by Trustcrow Digital Escrow Limited, a registered limited liability company in Nigeria with its holding company in Delaware, USA. Trustcrow does not provide escrow services for transactions involving ammunitions and firearms, cryptocurrency and the exchange of foreign currencies.
Trustcrow acts as a trusted third-party that collects, holds and only disburses funds when both buyers and sellers are satisfied.
Either party may initiate a transaction by uploading the relevant documentation and inviting the counterparty to review and approve the transaction. The buyer then receives a transaction an email notification to make payment on www.gotrustcrow.com. Upon confirmation of delivery of goods/services to the specification(s) agreed between the buyer and the seller, Trustcrow releases payment to the seller.
While we may help facilitate secured transactions, Trustcrow has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any product or services offered by a seller to a buyer. In the instance any disagreement arises between the buyer and the seller (referred to as “the parties”), Trustcrow may facilitate dispute resolution proceedings but shall not be held liable for any costs, damages or losses that may arise from duties performed.
Trustcrow may make the access to and use of its Services, or certain areas or features of the Trustcrow website, subject to certain conditions or requirements, such as signing up for an account, completing a verification process, meeting specific quality or eligibility criteria.
Despite the verification process, Trustcrow does not assume any responsibility for the confirmation of any User’s identity. However, Trustcrow is able to, but not obligated, verify the delivery of trackable merchandise to the buyer via online trackable shipping data provided by the seller. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users.
Where the seller is unable to meet the transaction deadline, the buyer can elect to terminate the transaction or request up to a maximum of 5 (five) extension subject to the initial agreement between the parties. After the seller’s fifth failure to perform by the agreed timeline, the transaction will be terminated and the buyer will be refunded. Prior to the agreement of terms by both parties, the buyer or seller can cancel the transaction by clicking the “Cancel” button on the Transaction Detail Screen.
To access our Services as a User, you are required to sign up on the Platform, create an account (“Trustcrow Account”) by providing your full name, email address, phone number and password and purchase an online course. If you are registering a Trustcrow Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
Upon successfully creating a Trustcrow Account, you will be granted access to the Platform.
You must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Platform and the Service.
You are responsible for safeguarding the password that you use to access the Services on the Platform and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
You shall not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are liable for any and all activities conducted through your account, and agree to strictly observe the security and authentication procedures of the website/service and you will log out from the website by taking proper steps at the end of every visit.
User’s Representations & Warranties
Representations and warranties are statements and promises made by you to Trustcrow, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;
you are over the age of 18 (eighteen) years and are of sound mind and have the capacity to enter into a legally binding contract;
individuals under 18 (eighteen) years old are only allowed to sign up for our services or provide us with their information when an adult above the age of 18 (eighteen) is signing contracts in their stead.
all personal information that you provide about yourself is accurate and true to the best of your knowledge;
you have carefully considered the risks involved with using the Platform, and its Services;
if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorisation);
you will obtain such professional advice as is appropriate to protect your interests, including legal, tax and other advice; and
you are not breaching any law or regulation that are applicable to you or any company, trust or partnership upon whose authority you are acting.
Trustcrow charges Users 3.25% of the sum between N0 – N3,500,000, to be held in escrow, and the sum of N113,750 plus 1.5% of the amount between N3,500,000 – N20,000,000 to be held in escrow, and 0.89% of the amount for an amount greater than N20,000,000 for every transaction as its Service Fee in consideration for the use of the Platform.
Once paid, Trustcrow’s fees are non-refundable. Trustcrow’s fees may change from time to time. Trustcrow is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the Services or otherwise arising from the transaction.
The party initiating the transaction has the opportunity to select who pays the Service Fee and the payment option, and the other party can choose to agree to this arrangement or elect to modify the Service Fee payment option. The Service Fee can either be paid fully by one party, or split into two equal parts and paid by both parties. When a buyer pays all or half the Service Fee, then the fee will be added to the upfront or initial payment from the buyer. When a seller pays all or half the Service Fee, then this fee amount will be deducted from the disbursement amount due the seller.
If a transaction is (a) canceled after the funds have been approved by Trustcrow, or (b) the merchandise or service is rejected by the buyer, the buyer shall be responsible for 100% of the Service Fee and return shipping fees, even if the transaction originated as the seller paying 100% or 50% of the Service Fee. This is because Trustcrow deducts the Service Fee when returning the original payment to the buyer.
The Service and all rights in our product name, trade names, logos, service marks, slogans, product packaging, its original content, features and functionality are and will remain the exclusive property of Trustcrow. Our trademarks may not be used in connection with any product or service without our prior written consent.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Trustcrow’s website or Trustcrow Content, except to the extent that you are the legal owner of certain User-Submitted Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Trustcrow or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Trustcrow grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Trustcrow Content made available on or through the website and accessible to you, solely for your personal and non-commercial use.
Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent that applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Terms specific to the seller
On the Transaction Detail Screens, each seller to a transaction must designate an Account to which payment for the transaction will be made.
Each seller in a transaction shall deliver the items set forth in the Transaction Detail Screens directly to the buyer(s), at the address specified by such buyer either in the information provided to the seller directly or as shown on the Platform.
The seller shall use a delivery service that provides a confirmation of delivery and the seller shall, upon request, provide Trustcrow with a tracking or reference number for the shipment of the goods.
In the event of any dispute as to the delivery of the goods to the buyer, the seller gives Trustcrow permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods.
In the event of a return of the items by a buyer, the seller shall notify Trustcrow of the receipt of the returned goods. The buyer has a maximum of 30 (thirty days) to inspect the goods delivered by the seller within the inspection period (which is usually within 1 – 30 calendar days). The seller has a maximum of 7 (seven) days to inspect the returned items. In the event that the buyer accepts the items within the inspection period or fails to act within the inspection period or the extension of the inspection period which shall be at the discretion of Trustcrow, Trustcrow shall assume that the buyer has accepted the items and shall remit the escrowed funds (excluding Trustcrow’s Service Fee) to the seller. The Inspection Period shall not include transit time for shipping or transferal and it begins when the seller marks the goods or service as “Delivered” or when Trustcrow verifies or receives confirmation of when delivery took place. The Inspection Period ends when the buyer either accepts or rejects the goods, services or assets or the Inspection Period expires. After acceptance, Trustcrow will release the funds to the seller.
If the seller notifies Trustcrow of its non-acceptance of any returned items within the inspection period, then Trustcrow will retain the escrowed funds pending resolution of the dispute.
Terms specific for the Buyer
On the Transaction Detail Screens, the buyer must designate a payment mechanism and an Account from which the purchase price and related fees will be obtained for deposit into the escrow.
Depending on the amount of the transaction selected for the transaction, the buyer may remit the necessary funds via various methods, which may include a credit or debit card or a wire transfer.
Regardless of the payment method, the buyer authorizes Trustcrow to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a transaction and to initiate any debit or credit entries or reversals that may be necessary to correct any error in a payment or transfer.
Trustcrow will deposit funds received from the buyer into an escrow account maintained by Trustcrow or any of its partners.
The buyer shall notify Trustcrow of the buyer’s acceptance or rejection of the items before the inspection period expires.
Upon receipt of notice from the buyer that the items have been received and accepted, Trustcrow shall transfer the payment amount (excluding Trustcrow’s Service Fees) to the seller’s Account.
Transfer to a seller generally will be initiated within the next business day from the day on which notice of acceptance of the items is received from the buyer.
If the buyer has not notified Trustcrow of the non-receipt or rejection of the items during the buyer’s inspection period, then Trustcrow shall assume that the buyer has accepted the items and shall proceed to remit the escrowed funds to the seller.
If a transaction is canceled after the funds have been approved by Trustcrow, or the merchandise or service is rejected by the buyer, the buyer is responsible for 100% of the Service Fee and return shipping fees, even if the transaction originated as the seller paying 100% or 50% of the Service Fee. This is because Trustcrow deducts the Service Fee when returning the original payment to the buyer.
When a buyer rejects an item, the buyer will be expected to return the goods or services and the buyer will have 3 (three) business days to send proof of confirmation of shipment of the returned goods or service. The Buyer shall be liable for all shipping and insurance costs during the return process.
When a seller rejects a returned item, the seller shall mark the returned item as “rejected” on their dashboard and this shall commence the dispute resolution process.
Platform Dispute Resolution between Buyer and Seller
A platform dispute happens when a buyer returns the goods or service to the seller, and the seller rejects the returned product. If the buyer returns the goods or service, and the seller accepts the returned product, this is not considered a dispute. Trustcrow shall only resolve customer disputes arising out of the use of its Platform.
Where a platform dispute occurs, Trustcrow’s dispute resolution process will be initiated which allows the contesting (for the buyer) or return (for the seller) of in-progress milestone payments.
In all circumstances, Trustcrow strongly encourages both the parties to amicably resolve transaction issues or disputes between themselves before using this dispute resolution process as a last resort. The parties shall use their best efforts to resolve a dispute through negotiation within 14 (fourteen) business days of the dispute arising, before submitting to Trustcrow’s dispute resolution process. If they are able to resolve the dispute through negotiation, they shall promptly notify Trustcrow of the negotiation terms. If they are unable to do so, they may decide to submit themselves to Trustcrow’s dispute resolution process.
The dispute process begins on the day the seller marks the returned merchandise as “Rejected” on their Trustcrow Account. Both parties of the dispute can elect to have their dispute arbitrated by the Trustcrow’s dispute team. The role of the dispute team is to take all actions needed to resolve a case in an impartial and evidential manner. Trustcrow’s verdict is binding and may be entered as judgement in any court of competent jurisdiction.
When a seller rejects the retuned goods or services, they can initiate the dispute process by clicking “Create a Dispute” on their dashboard and can include a description of the issue and an explanation of why the dispute is being opened. Only the present milestone payment or the unpaid payment of the transaction can be disputed, not past payments.
Each party has a maximum of 3 (three) business days to present detailed evidence to support their respective positions. Subject to a request from either party, Trustcrow can extend the timeframe for the parties to present evidence to support their respective positions. Such evidence can include contracts, receipts, pictures/videos, texts, audio etc. It is vital to keep records throughout the transaction until it is concluded. If shipping or way-billing an item, record a video of the goods at the point of loading and collection. If taking receipt of the goods, record a video of the goods at the point of collection and opening the goods. The dispute will be resolved based upon the evidence provided through the Platform, or that is otherwise available to Trustcrow, such as the project description, contract uploaded at transaction creation and correspondence between the parties. Where parties are unable to produce detailed evidence to support their respective positions, Trustcrow would be unable to render a verdict concerning such dispute and decline to arbitrate over such dispute. In that instance, parties may choose to explore other dispute resolution options.
The dispute team will review all evidence and other information provided to reach a decision (usually within 72 hours).
If either party fail to respond to the dispute or otherwise comply with a demand from Trustcrow within the time permitted, they will automatically lose their right to the dispute including the right to the escrowed funds which will be transferred to the counterparty. All parties involved in the transaction are required to check their Trustcrow Account regularly while their transaction is ongoing.
After Trustcrow renders a verdict on a dispute, the parties shall proceed with the transaction based on the decision rendered by Trusctcrow.
Where either party is however dissatisfied with the verdict given by Trustcrow, such party has the right to explore other dispute resolution options as may be agreed between them. Trustcrow shall not be liable for any damages whatsoever or be the subject of a legal action/proceeding, resulting from its decision. Where parties initiate further legal action/proceeding regarding a dispute, Trustcrow shall not be added to such legal action/proceeding. Where however, Trustcrow is included in a legal action/proceeding between parties, Truscrow may interplead the escrowed funds with a court of competent jurisdiction. Notwithstanding any other provision in these Terms to the contrary, and regardless of whether Trustcrow is identified as a party to any legal action/proceeding as a result of this clause, nothing in these Terms shall be construed to limit Trustcrow’s legal and/or equitable rights, including but not limited to the filing of an interpleader action in any court of competent jurisdiction.
Trustcrow shall be entitled to recover from both parties all costs and legal fees incurred as a result of being added to a legal action/proceeding.
Rejection of Payment
Since the use of a bank account, credit/debit card account, or the making of an electronic funds transfer may be limited by your agreement with your financial institution and/or by applicable laws, Trustcrow is not liable to any User if Trustcrow does not complete a transaction as a result of any such limit, or if a financial institution fails to honour any credit or debit to or from an account.
Link to Other Websites
The Platform may contain links to third-party websites or services that are not owned or controlled by Trustcrow.
Trustcrow has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Trustcrow 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 use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend our Service to you immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Platform and our Service will immediately cease. If you wish to terminate your transaction, you may simply send an email to Letstalk@gotrustcrow.com.
You agree to indemnify and hold harmless Trustcrow, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of: your fraudulent or illegal use of the Services or the Platform; your negligence or any default by you of any of these Terms; any inaccurate or incomplete information that you have knowingly provided to us; you allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private; any claim made against you for actual or alleged infringement of Trustcrow’s Intellectual Property or any actual or alleged infringement of a third party’s Intellectual Property arising out of or in connection with our Services or your use of the Platform.
Limitation of Liability
In no event shall Trustcrow, its directors, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, data, use, goodwill, or other intangible losses, resulting from:
your use of the Platform or the Services or your inability to use the Platform or the Services;
any conduct or content of any third party on the Platform;
any unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
any legal proceedings between the you and any third parties.
Your use of the Service is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Trustcrow, its subsidiaries, and its affiliates do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
In the events of a dispute between Trustcrow and a User, the following procedure shall be used to resolve this dispute. For the purposes of this clause 19, Trustcrow and the disputing User shall be referred to as “the “parties”, and the word “party” shall be construed accordingly. In the event of any dispute arising from this Agreement, the disputing party shall provide a formal notice of such dispute to the other party. This notice shall contain information as to the nature of the dispute, the date of occurrence of the dispute and such other information that is relevant to the dispute. Either party may send written notice to the other party requesting to schedule a negotiation meeting to attempt to resolve the dispute, and the parties shall hold the meeting within seven (7) days after the other party’s receipt of the written notice (the “Negotiation”). All parties must be present at the Negotiation meeting or must be represented by individuals with full decision-making authority regarding the matter(s) in dispute. If within fourteen (14) days following the Negotiation meeting, the parties have not resolved the dispute, the dispute shall be referred to mediation directed by a mediator mutually agreeable to the parties (“Mediation”). Each party shall bear its cost in connection with the Mediation and the mediator’s fees shall be split equally between both parties. The parties agree to negotiate in good faith during Negotiation and Mediation. If after a period of thirty (30) days following the commencement of the Mediation, the parties are unable to resolve the dispute, either party may submit the dispute to binding arbitration in accordance with clause 19.5 hereof, upon ten (10) days prior written notice to the other party. Either party may submit any dispute arising out of the Services that is not resolved following the processes above to Arbitration. The Arbitration shall be in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004 or any re-enactment or amendment of the same for the time being in force at the Lagos Court of Arbitration (LCA) before a single arbitrator. The parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties. The disputing party, i.e. the party who submitted the matter to Arbitration shall bear all the cost of the Arbitration process.
Trustcrow shall not be liable for failure to perform, or for delay in performing its obligations hereunder if such failure or delay shall be due to natural disasters, war, riot, civil commotion, weather, pandemics, epidemics, labour disputes, failure of sub-contractors or any other cause beyond its reasonable control and whether or not of a similar nature to the foregoing.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to Trustcrow's Platform or Services. You may submit your feedback by emailing us at Letstalk@gotrustcrow.com. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting your feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Changes to Terms and Conditions
Trustcrow reserves the right, in its sole discretion, to change these Terms of Service. Trustcrow encourages you to periodically review the Terms to stay informed of our updates.
If you have any questions about these Terms, please contact us at Letstalk@gotrustcrow.com.