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Dispute Resolution Policy

Last Updated: 02\05\2025

1. Introduction

1.1. Purpose of the Document

 This Dispute Resolution Policy ("Policy") establishes a standard, uniform process for resolving disputes between the parties involved in using the TrekGuider Inc. digital marketplace ("Marketplace"). The objective is to ensure that any disagreements arising between buyers, sellers, or other platform users are resolved fairly, efficiently, and in accordance with applicable laws.

1.2. Scope and Applicability

 This Policy applies to all users of the Marketplace, including but not limited to buyers, sellers, and content creators. It governs disputes that are not expressly covered by other policies (for example, disputes specifically related to copyright matters which are addressed in the Copyright Policy). Any exceptions to this Policy shall adhere to standard industry practices and legal norms.

2. Definition of Disputes

2.1. Types of Disputes Covered

 This Policy covers all disputes arising between the parties in connection with their use of the Marketplace, including but not limited to:

2.2. Exceptions

 Disputes explicitly governed by other legal documents, such as those related to copyright issues as outlined in the Copyright Policy, shall not be subject to this Policy.

3. Dispute Resolution Procedure for Exceptional Fraudulent or Unlawful Transaction Claims

Note: Standard product-related issues and buyer dissatisfaction are addressed through the automated Refund Policy. This Dispute Resolution Procedure applies exclusively to exceptional claims of fraudulent or unlawful transactions that cannot be resolved through the standard return process.

3.1. Manual Marketplace Review

·        Exclusive Initial Step: For claims of fraudulent or unlawful transactions, the sole initial step is direct submission of a dispute claim to Marketplace Support via the Help Center contact form. Standard negotiation and mediation steps are waived.
·        Evidence Burden on Disputing Party: The user initiating the dispute bears the sole burden of providing clear, compelling, and substantiated evidence demonstrating the fraudulent or unlawful nature of the transaction.
·        Discretionary Marketplace Investigation: TrekGuider Inc. will conduct a discretionary internal investigation of submitted claims and evidence, the scope and methodology of which are determined at the Marketplace's sole discretion.
·        Final and Binding Determination: The Marketplace will render a final and binding determination regarding the validity of the fraudulent or unlawful transaction claim, based on its review of evidence and applicable policies. This determination is final, binding, and not subject to further appeal or review.
·        Limited Remedies: In cases where the Marketplace substantiates a claim of fraud or unlawful activity, remedies are limited to those deemed appropriate by the Marketplace at its sole discretion, which may include, but are not limited to, refund issuance and/or seller account actions.

3.2. Limited Availability of Arbitration and Litigation

·        Arbitration (Discretionary and Exceptional): Arbitration is not a standard dispute resolution step. In exceptional circumstances, and at the Marketplace's sole and unreviewable discretion, arbitration may be offered on a case-by-case basis for disputes not related to fraudulent transactions, only after all internal review processes are exhausted. Any arbitration will be conducted in Delaware, USA, in English, under terms determined by the Marketplace.
·        Litigation (Last Resort): Litigation is considered a final and exceptional measure, pursued only if legally mandated or if arbitration is deemed unsuitable by the Marketplace. Recourse to litigation is subject to all limitations of liability and jurisdictional provisions within the Marketplace Terms and Conditions. Delaware courts shall have exclusive jurisdiction to the extent permitted by law.

4. Jurisdiction and Applicable Law

4.1. Governing Law

 This Policy, and any dispute arising under or in connection with it, shall be governed by and construed in accordance with the laws of the United States, specifically following the rules applicable in the State of Delaware.

4.2. Jurisdiction

 Any dispute that proceeds to arbitration or litigation shall be subject to the jurisdiction of the courts located in Delaware, unless otherwise mutually agreed upon by the parties.

5. Notifications and Communication

5.1. Methods of Notice

5.2. Contact Information

Legal Inquiries: legal@trekguider.com

6. Documentation and Evidence

6.1. Requirements for Documentation

6.2. Third-Party Involvement

7. Financial and Procedural Issues

7.1. Cost Allocation

·        All costs related to the dispute resolution process (including but not limited to mediation or arbitration fees) shall initially be borne by the complainant—the party initiating the dispute. However, the arbitrator shall, at their discretion, reallocate the costs of arbitration to the losing party, particularly if the arbitrator determines that the losing party acted in bad faith or asserted frivolous claims. To the maximum extent permitted by Delaware law, the arbitrator is empowered to award all reasonable costs and attorneys' fees of the arbitration to the prevailing party. The Marketplace does not guarantee reimbursement for these costs, except as may be required by applicable law or as otherwise determined on a case-by-case basis.

7.2. Reimbursement of Costs

8. Collective vs. Individual Disputes

8.1. Individual Disputes

8.2. Class Actions

9. Special Conditions and Exceptions

9.1. Special Conditions

9.2. Handling Exceptions

10. Final Provisions

10.1. Amendments and Updates

·        Marketplace Right to Amend: TrekGuider Inc. explicitly reserves the unilateral right to amend, revise, modify, or update this Policy, in whole or in part, at any time, for any reason, and at its sole and absolute discretion. This right includes, but is not limited to, the right to add, remove, or modify provisions, clauses, sections, or subsections of this Policy, and to introduce new policies, guidelines, or procedures at any time.
·        Immediate Effectiveness and Posting of Updated Policy: Any and all amendments, revisions, modifications, or updates to this Policy shall become effective immediately upon their posting on the TrekGuider Marketplace website, unless a specific future effective date is explicitly designated by the Marketplace in the updated Policy. The most current and controlling version of this Policy will always be the version posted on the Marketplace website.
·        User Notification of Significant Changes: While the Marketplace reserves the right to amend this Policy without prior notice, for substantive, material, or significant changes that, in the Marketplace’s sole discretion, may materially affect users' rights or obligations under this Policy, the Marketplace will endeavor to provide reasonable advance notification to users. Such notification may be provided via prominent posting of a notice on the Marketplace website, email communication to registered users, in-platform notifications, or other commercially reasonable means of communication, at the Marketplace’s sole discretion. However, the Marketplace provides no guarantee that users will receive actual or timely notice of all Policy amendments, and users remain solely responsible for periodically reviewing the Policy for updates.

10.2. Policy Review and Periodic Updates Schedule

To ensure the enduring currency, continued operational effectiveness, and unwavering legal compliance of this Policy, and to proactively reflect the dynamic evolution of applicable legal and regulatory mandates, as well as ongoing adaptations in the TrekGuider Marketplace's business operations, technological infrastructure, and prevailing industry best practices, this Policy shall be subject to a formalized, meticulously structured, and consistently implemented program of periodic review and updates, conducted according to the following comprehensive schedule and rigorously defined process:
·        Pre-Defined Triggers for Mandatory Policy Review: This Policy shall be automatically triggered for mandatory review and potential update on a pre-defined, recurring basis, and also on an ad-hoc, event-driven basis, specifically and immediately upon the occurrence of any of the following triggering events:
o   Material Amendments to Governing Laws and Regulations: Any substantive amendments, significant revisions, comprehensive overhauls, or superseding enactments of controlling international, federal, state, or local laws, statutes, ordinances, regulations, administrative rules, or legally binding judicial precedents, decrees, or governmental directives that may, in any demonstrable manner, materially impact the substantive content, legal interpretation, practical enforcement, or overall legal defensibility of this Policy, or that may impose new, modified, or expanded legal or regulatory obligations, liabilities, or compliance requirements upon the TrekGuider Marketplace, shall automatically trigger an immediate, prioritized, and comprehensive review of this Policy to ensure continued, unimpeachable legal compliance and alignment with the most current legal and regulatory landscape.
o   Substantial and Strategic Modifications to Core Business Model or Operational Practices: Any fundamental, strategic, or transformative changes, significant alterations, material expansions, or substantial evolutions in the TrekGuider Marketplace’s core business model, fundamental operational practices, primary service offerings, core technological infrastructure, principal data processing activities, key strategic partnerships, or other demonstrably material aspects of the Marketplace’s overarching operations, strategic direction, or business focus that may, in any reasonably foreseeable manner, necessitate substantive revisions, critical updates, or comprehensive re-evaluations of this Policy to ensure its continued accuracy, ongoing relevance, sustained operational effectiveness, and demonstrable alignment with the Marketplace’s current business practices, strategic imperatives, and evolving operational realities, shall automatically trigger a timely, thorough, and meticulously documented review of this Policy to guarantee its continued fitness for purpose and sustained practical applicability in the context of the Marketplace’s dynamically evolving operational environment.
·        Rigorous and Multi-Party Policy Review and Update Process: The comprehensive review and any subsequent updates, revisions, or amendments to this Policy shall be conducted through a formalized, multi-party, and demonstrably rigorous process, collaboratively led and jointly executed by the TrekGuider Inc. Founder, serving as the ultimate business and operational authority for the Marketplace platform, and qualified, experienced, and duly authorized legal counsel, possessing specialized expertise in internet law, e-commerce regulation, data privacy compliance, and online marketplace legal frameworks, thereby ensuring a demonstrably comprehensive, demonstrably legally informed, and demonstrably operationally pragmatic assessment of the Policy’s continued adequacy, sustained legal defensibility, and ongoing practical effectiveness. This meticulously structured and rigorously implemented Policy review and update process shall systematically encompass, without limitation, the following essential procedural components and substantive analytical elements:
o   Exhaustive Legal Compliance Review: Duly authorized and qualified legal counsel shall conduct a demonstrably exhaustive, meticulously documented, and demonstrably legally rigorous review of the entirety of this Policy, systematically assessing each and every provision, clause, and section of the Policy against the most current and comprehensively updated corpus of applicable international, federal, state, and local laws, statutes, ordinances, regulations, administrative rules, and legally binding judicial precedents, decrees, and governmental directives, meticulously identifying any and all areas, aspects, or provisions of the Policy that may, in counsel’s expert legal judgment, require substantive updates, revisions, or amendments to ensure the Policy’s continued, unimpeachable, and demonstrably robust legal compliance, sustained legal defensibility, and ongoing alignment with prevailing legal standards, regulatory expectations, and jurisprudential best practices.
o   Comprehensive Operational and Business Alignment Review: The TrekGuider Inc. Founder, possessing ultimate operational authority and comprehensive strategic oversight for the Marketplace platform, shall conduct a demonstrably comprehensive, meticulously documented, and demonstrably operationally focused review of the entirety of this Policy, systematically evaluating each and every provision, clause, and section of the Policy against the Marketplace’s most current and strategically updated core business model, fundamental operational practices, primary service offerings, core technological infrastructure, principal data processing activities, key strategic partnerships, and other demonstrably material aspects of the Marketplace’s overarching operations, strategic direction, and business focus, meticulously identifying any and all areas, aspects, or provisions of the Policy that may, in the Founder’s expert operational and strategic judgment, require substantive updates, revisions, or amendments to ensure the Policy’s continued accuracy, ongoing relevance, sustained operational effectiveness, and demonstrable practical applicability in the dynamically evolving context of the Marketplace’s day-to-day operations, strategic imperatives, and evolving business realities.
o   Meticulous Documentation and Version Control of Policy Amendments: Any and all substantive amendments, material revisions, comprehensive updates, or minor grammatical or stylistic edits to this Policy, resulting from the aforementioned rigorous and multi-party review process, shall be meticulously documented, comprehensively recorded, clearly version-controlled, and formally incorporated into the official, master Policy document, ensuring a complete, transparent, and readily auditable historical record of all modifications, revisions, and updates implemented over time. Each updated, revised, or amended iteration of the Policy shall prominently display a revised “Last Updated” date, conspicuously reflecting the precise date of the most recent substantive changes, thereby providing users with a readily accessible and easily verifiable mechanism for ascertaining the currentness and effective date of the governing Policy document.

10.3. Entire Agreement

By using the TrekGuider Marketplace, you acknowledge that you have read, understood, and agree to be bound by the terms of this Dispute Resolution Policy.