When You ("You" or "User") use this Internet web site ("Site"), You agree to the following terms and conditions (the "Use Agreement"). Capacity Trading Company Ltd., Inc. ("Capacity Trading Company Ltd." or "We") may revise these terms from time to time, entirely at our discretion. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
This Site is available only to individuals who can form legally binding contracts
under applicable law.
You may use this site and the services available here during the time that
You are a registered user.
The Site may be changed, modified or altered at our discretion.
We may modify or discontinue this Site and the services available at it without
notice or liability to You.
Capacity Trading Company Ltd. is a neutral facilitator.
The Site functions as a virtual market place to connect buyers and service
providers. As a neutral facilitator, Capacity Trading Company Ltd. is not
directly involved in the actual transactions between users of the Site. As
a result, Capacity Trading Company Ltd. has no control over the truth, accuracy,
quality, legality, or safety of postings made by users. Capacity Trading
Company Ltd. is the official finder for each project accepted through the
site and its associated buyer and charges a transaction fee. Capacity Trading
Company Ltd. service providers and buyers are responsible for meeting payroll,
tax and legal requirements for any legal entity. Capacity Trading Company
Ltd. does not accept responsibility for inaccurate claims made by service
providers or buyers using this Site. We therefore advise that all Users of
this Site exercise due diligence when entering into agreements with others
via this Site.
Capacity Trading Company Ltd. provides a directory of service providers.
The Site contains a directory of service providers. The directory is populated
with information from various public sources and from subscribing service
providers themselves. Capacity Trading Company Ltd. provides this directory
as a service convenience and does not confirm or verify the information within
it. Consequently Capacity Trading Company Ltd. does not guarantee the truth,
accuracy, quality, legality, or safety of the directory entries. We. You
agree not to hold Capacity Trading Company Ltd. liable for any loss or damage
of any sort incurred as the result of use of any information contained within
the directory or as the result of the presence of such information on the
Site. Capacity Trading Company Ltd. does not accept responsibility for inaccurate
claims made by service providers or buyers using this Site. We therefore
advise that all Users of this Site exercise due diligence when entering into
agreements with others via this Site.
Your Relationship with other parties using this site.
Your correspondence with advertisers or users on the Site, including the development
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
You and such advertiser or user. You agree not to hold Capacity Trading Company
Ltd. liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such merchants, advertisers,
or users on the Site. Capacity Trading Company Ltd. does not accept responsibility
for inaccurate claims made by service providers or buyers using this Site.
We therefore advise that all Users of this Site exercise due diligence when
entering into agreements with others via this Site.
Third Party Content, Verification and Monitoring.
Capacity Trading Company Ltd. is a distributor (and not a publisher) of content
supplied by any third parties and users of this Site. Capacity Trading Company
Ltd. has no editorial control over such content. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available
by third parties, including information providers and service Providers,
are those of the respective author(s) or distributor(s) and not of Capacity
Trading Company Ltd.. Capacity Trading Company Ltd. neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice, information
or statement made on this Site by anyone other than authorized Capacity Trading
Company Ltd. employees acting in their official capacities. Capacity Trading
Company Ltd. does not confirm or verify if a service provider claiming to
be a professional or claiming to be qualified to provide professional advice
is in fact licensed or otherwise qualified to provide the services or advice
being requested. You understand and acknowledge that Capacity Trading Company
Ltd. is not responsible for and does not monitor content for accuracy or
reliability.
Monthly, quarterly and annual subscription fees.
Monthly, quarterly and annual subscription fees are automatically renewed,
unless cancelled by User. If a User pays by credit card, Capacity Trading
Company Ltd will automatically charge the monthly, quarterly or annual fee
to the User's supplied credit card and You authorize Us to charge such credit
card for the appropriate subscription fees and amounts stated. Capacity Trading
Company Ltd. reserves the right to alter or amend Monthly, quarterly and
annual subscription fees given that You are granted a reasonable notice period,
No refunds or credits will be given in the event of cancellation of Monthly,
quarterly and annual subscriptions.
Posting of Information on the Site
As a User, You will be allowed to post information, data and text to publicly
accessible and limited-access areas of the Site. You are not allowed to post
logos, seals or slogans from third parties on any part of the Site unless
they are provided by Capacity Trading Company Ltd, or You have sought and
received express permission from Capacity Trading Company Ltd. to display
such logo, seal or slogan. Consequently, when You post information, text,
files, links, attachments, software or other materials ("Content")
to publicly visible areas of the Site or privately accessible areas of the
Site, You are granting, or warranting that the owner of such Content has
expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully
sub-licensable, non-exclusive right to use, reproduce, modify, transmit,
distribute, perform, display and delete such Content (in whole or in part)
and/or to incorporate such Content in other works in any form, media or technology
now known or later developed. You must use diligence when posting information,
remarks or other Content regarding other users, service providers, Capacity
Trading Company Ltd. or any other third party. You may be held legally responsible
for damages suffered by other Users, Capacity Trading Company Ltd. or third
parties as a result of legally actionable or defamatory comments, remarks
or other information or Content that You post to the Capacity Trading Company
Ltd. Site will not be held responsible for remarks, information or Content
supplied by you to publicly and privately accessible areas of the Site. However
we reserve the right to remove, delete, modify, alter or edit content or
information supplied by you if we believe such action to be necessary.
You Agree to Provide Accurate Information
You agree to provide true, accurate and complete information as prompted by
the registration form, and maintain and update such information to maintain
its truth, accuracy and completeness. Whenever You post any information on
or to the Site (including but not limited to posting a request for services,
bidding on a posted project, and/or posting your profile), You agree to provide
true, accurate and complete information. Capacity Trading Company Ltd. reserves
the right to terminate Your account upon the discovery that the information
You provided or posted is not complete or accurate.
Further, your Capacity Trading Company Ltd. account (including feedback) and User ID may not be transferred or sold to another party.
Guard Your Password
You must safeguard the User ID and password You use to access this Site. You
authorize us to assume that any person using the Site with Your User ID and
password either is You or is authorized to act for You.
Guard Your Password
You must safeguard the User ID and password You use to access this Site. You
authorize us to assume that any person using the Site with Your User ID and
password either is You or is authorized to act for You.
User Obligations
You agree NOT to do any of the following while using the Site:
Buying and Selling Services on Capacity Trading Company Ltd.
You agree to:(a) be financially responsible for Your use of Capacity Trading
Company Ltd. and purchase of services; (b) abide by Capacity Trading Company
Ltd.'s guidelines on posting projects and bidding on projects, which may
be updated from time to time; and (c) perform your obligations and complete
the transaction as specified by the terms of your the posted project and
or your bid or Business Terms agreement, whichever is more recent, once you
have selected a service provider or and the service provider has accepted
a project, respectively, unless such transaction is prohibited by law or
by this Agreement. Specifically, upon acceptance of a bid, the buyer agrees
to purchase the services and the service provider agrees to provide the services
according to the terms of the final bid or Business Terms agreed to by the
parties, subject to any further increase or decrease in project scope. If
the scope of the project increases beyond the final bid price after the project
begins, the parties are bound to report that higher amount through the Capacity
Trading Company Ltd. Site. Capacity Trading Company’s fee will increase
proportionally to that increase.
Circumvention of Capacity Trading Company Ltd.'s Fee Structure
You agree not to engage in any action or activities meant to circumvent our
site or our stated fees. Prohibited systems or techniques include (but are
not limited to) the following:
Notices
Capacity Trading Company Ltd. will provide notices by posting them on the Site
and You agree to check the Site for notices. You also authorize Capacity
Trading Company Ltd. to send notices to You, at Capacity Trading Company
Ltd.'s discretion, via electronic mail unless You otherwise indicate in writing.
Regardless of whether Capacity Trading Company Ltd. sends an email notification,
You will be considered to have received a notice when it is made available
to You by posting on the Site.
Protection of Copyrights and Trademarks
The Site contains trademarks and other material furnished by Capacity Trading
Company Ltd., its licensors, and other users. You should assume that everything
You see or read in publicly viewable areas of the Site that was not furnished
or received by You (such as images, photographs, illustrations, text and other
materials) ("Site Content") is copyrighted unless otherwise noted.
You may not sell, reproduce, distribute, modify, display, publicly perform,
prepare derivative works based on, repost or otherwise use any of the Site
Content in any way for any public or commercial purpose without prior written
consent of Capacity Trading Company Ltd. or the rights holder. You may not
use the Site Content on any other web site or in a networked computer environment
for any purpose except your own personal viewing. In order to protect Capacity
Trading Company Ltd.'s and its secrets, You agree that You will not 'reverse
engineer' any Site Content consisting of downloadable software, unless specifically
authorized by the trade secret owner or otherwise permitted by law. If You
violate any of these terms, permission given to You to use the Site Content
will automatically terminate; You must immediately destroy any copies You have
made of the Site Content; and We may revoke Your authorization to use the Site.
Reproduction
This Site or any portion of this Site may not be reproduced, duplicated, copied,
sold, resold, or otherwise exploited for any commercial purpose that is not
expressly permitted by Capacity Trading Company Ltd. Capacity Trading Company
Ltd. reserves the right to refuse service, terminate accounts, and/or cancel
service requests or memberships in its discretion, including, without limitation,
if Capacity Trading Company Ltd. believes that a User's conduct violates
applicable law or is harmful to the interests of Capacity Trading Company
Ltd.
Errors and Disclaimer of Warranties
YOU USE THE SITE AT YOUR RISK. We endeavour to provide a functional Site,
but We do not guarantee that it will be error free or that the Site or the
server
that operates it are free of viruses or other harmful components. We urge
You to keep backup copies of material You maintain on or use with the Site.
As mentioned above, We remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CAPACITY TRADING COMPANY LTD. MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CAPACITY TRADING COMPANY LTD. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. CAPACITY TRADING COMPANY LTD. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CAPACITY TRADING COMPANY LTD. OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Disputes Between Buyers and Service Providers
Any disputes in connection with services provided by Service Providers or payments
made by Buyers remain between such Buyers and Service Providers. By using
the Payment Service, You acknowledge that Capacity Trading Company Ltd. will
not be a party to any such dispute or be obliged to take any action or refrain
from taking any action toward resolving any such dispute. Capacity Trading
Company Ltd. may, at its sole discretion, but shall not be required to, withhold
or delay payment in the event of dispute between a Buyer and a Service Provider.
Reservation of Rights
Capacity Trading Company Ltd. may refuse service to anyone for any reason.
Capacity Trading Company Ltd. may earn and retain interest or other compensation
from the balances in its bank accounts that result from the timing difference
between the receipt of funds from any Buyer and any debit of its bank account
to pay any Service Provider after such Service Provider has requested disbursement
from its Account.
Capacity Trading Company Ltd. will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by an authorized representative of Capacity Trading Company Ltd.. No delay or omission by Capacity Trading Company Ltd. in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
Capacity Trading Company Ltd. reserves the right to seek reimbursement from any Service Provider and Service Provider will reimburse Capacity Trading Company Ltd. if Capacity Trading Company Ltd. discovers erroneous or duplicate transactions or We receive a chargeback from any Buyer's credit card issuer for the amount of such Buyer's purchase from such Service Provider. Capacity Trading Company Ltd. may obtain such reimbursement by deducting from future payments owed to such Service Provider, by reversing any credits to such Service Provider's bank account, by charging such Service Provider's credit card or by seeking reimbursement from such Service Provider by any other lawful means.
This Agreement and any User's registration for and use of the Site will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between any User and Capacity Trading Company Ltd..
Termination of Use of Payment Service
Capacity Trading Company Ltd. may, at any time and within its sole discretion,
terminate Your access to and use of the Site for any reason, including without
limitation, violations of this Agreement or the Site Terms and Conditions
of Use. In addition, Capacity Trading Company Ltd. may modify the terms of
this Agreement or discontinue the Site at any time and without prior notice;
provided that, if Capacity Trading Company Ltd. elects to modify or discontinue
the Site or Service, Capacity Trading Company Ltd. will post the new terms
or a notice of such changes within a reasonable time on an appropriate area
of the Site.