- Rules for Posting on the Platform• You must register an account to access and use the Platform’s features.• In using the Platform, you must always act in good faith, with professionalism and integrity, treat other Members and agencies subject to reviews with respect, and comply with all applicable laws.• To post a review concerning a translation agency, a Professional Member must have either provided translation services directly to or have been offered any type of work arrangement by the agency, and a Client Member must have received translation services directly from the agency, within two years before the post.• Agency Members may post a response to reviews posted about them by a Professional Member or a Client Member.
• Reviews and responses must be limited to provable facts. They may not include characterisations or other value judgments.
For example, “the agency paid me 30 days later than agreed” is a provable fact and is therefore permitted. On the other hand, “the agency is run by dishonest, bad people” is a value judgment not based on provable facts, and therefore is not permitted.
• Reviews and responses must be complete. They must describe all the relevant facts and circumstances.
For example, if an agency withheld part of the Professional Member’s fees because of a disagreement about the quality of the work, the Professional Member should include the relevant facts surrounding the disagreement. The Professional Member should not simply mention that fees were withheld without also giving the relevant context.
• Reviews and responses must be unbiased. They may not be the result of any type of influence on the part of the agency being reviewed. They may not be made for the purpose of harming a competitor. Members may not accept benefits of any kind in exchange for providing favourable reviews.
• Reviews and responses must not contain confidential information. In particular, reviews and responses must not contain information concerning specific clients of translation agencies or the specific documents that were translated, if that information is confidential. Members must not share confidential information and must comply with the agreements made between the parties to the translation services. TRI-TRAB is not liable for the breach of any obligations that Members have pursuant to any confidentiality or other agreements in effect between Members and agencies or any other third party.
• Reviews and responses must not be made for the purpose of advertising a Member’s services or products.
- Anonymity of reviews• The reviews published on the Platform will be anonymised. However, a Professional Member or Client Member providing a review must submit their business contact information through the Platform.• In general, TRI-TRAB will not disclose the business contact information of any Professional Member or Client Member to any Agency Member, translation agency or anyone else. However, TRI-TRAB may, in its sole discretion, disclose a Professional Member or Client Member’s business contact information if required by law, such as in the context of a dispute or any existing or threatened legal proceeding.
• You acknowledge that TRI-TRAB is not a party to the contracts entered into between Professional Members or Client Members and translation agencies. TRI-TRAB does not act as agent in any capacity for any Member.
• The legal place (seat) of the arbitration will be Toronto, Ontario, Canada. Despite this, all hearings and other meetings associated with the arbitration will be held virtually, unless the parties to the arbitration agree otherwise.
• The arbitration will be held in English, unless the parties to the arbitration agree otherwise.
• The sole arbitrator may dismiss any claim on the basis that it is a Strategic Lawsuit Against Public Participation (SLAPP). In doing so, the arbitrator shall apply the provisions known as “Anti-SLAPP” set out in the Ontario Courts of Justice Act, with appropriate adaptations to the arbitration process. Any respondent to an arbitration brought pursuant to this section may at any time ask the arbitrator to dismiss the claim by applying the Anti-SLAPP provisions.
• The Member who brings the arbitration must pay all fees payable to VanIAC and the arbitrator, without prejudice to the arbitrator’s discretion to fix the costs of the arbitration in the final award.
• You explicitly acknowledge that your relationship with other Members and TRI-TRAB, and your use of the Platform, is commercial in nature, and that any restrictions on arbitrating consumer or employment disputes does not apply to disputes that are covered by this section.
• You waive the right to bring any court proceeding in any way related to the disputes referred to in this section, including court proceedings for injunctive or interim relief and including class or representative proceedings.
• If there is a dispute about whether a claim may be decided by arbitration, you agree that the arbitrator will decide that dispute, and not a court.
• The only court proceeding that you may bring relating to such disputes is a proceeding to set aside, or to seek recognition and enforcement of, an arbitral award rendered in accordance with this section.
- Representations and WarrantiesYou represent and warrant that:
• you are at least 18 years old and are otherwise capable of entering into binding contracts;• you will keep all of the information in your account accurate at all times;
• you have not registered and will not register more than one account;
• the facts that are the subject of your reviews or responses to reviews arise from a commercial relationship, and not an employer-employee relationship or a consumer relationship; and