The headings in these terms and conditions are for convenience only and shall not affect its interpretation. Words denoting the singular shall include the plural and vice versa.
“Customer” refers to a party, which may be a business, company or individual, who submits quotation requests for goods and/or services through the Site. These requests are made through an account on the Site or via our affiliate websites.
“Confidential Information” refers to any information or material proprietary and/or confidential to FIT TRAIL, which may be Buyer or Supplier disclosed, or obtained in connection with use of the Site, including without limitation:
- Any information in connection with a Transaction, Fit Trail, Customer or Supplier.
- FIT TRAIL Software.
- FIT TRAIL business, technical and process documentation.
- Any non-public information contained in or acquired by use of the Site.
“Site” refers to www.fittrail.eu and all other websites which are owned and run by FIT TRAIL.
“Supplier” refers to a party, which may be a company or individual, who signs up for an account on our site to receive notifications and/or search for new projects as well as to respond to the quotation requests for goods and/or services that are submitted by Customer.
“Transaction” refers to a purchase of goods and/or services by a Customer from a Supplier using our services or facilitated by the Site.
“We”, “Us”, or “Our” refers to the Site and/or FIT TRAIL.
“You” or “Your” refers to any Customer, Supplier, or any other user who accesses and/or uses the Site.
- Acceptance of Terms
2.1 We are an online platform that facilitates Transactions between Customer or Supplier, and is not involved in the actual negotiations, evaluations and/or Transactions between Customer or Supplier.
2.2 You understand and agree that FIT TRAIL does not act as an agent or trustee for any Customer or Supplier, and we do not endorse, sponsor or certify any goods and/or services provided by Suppliers.
2.3 You understand and agree that FIT TRAIL does not exercise any control over:
- Accuracy or usefulness of the description, classification or information pertaining to any Tender listed on the Site or sent by the Site or sent by an authorized representative of the Site to a Supplier.
- The ability of either a Customer or Supplier to fulfil its obligations in any Bidding or in any Transaction.
- The legal and compliance capacity of any Customer or Supplier to lawfully enter into any agreement or Transaction.
- The quantity, availability, quality, safety, or legality of any goods and/or services as provided by any of the Suppliers.
- Any representation made by any Customer or Supplier.
3.1 FIT TRAIL reserves the right at Our sole discretion to:
- Add and/or modify all or part of the services provided on the Site at any time.
- Discontinue all or part of the services provided on the Site.
- Suspend, deny access to or use of the Site for the purposes of system maintenance, upgrading, security or such other purposes as We may deem appropriate.
- Use of www.fittrail.eu
4.2 You will be responsible, at Your own cost, for providing the telecommunications connectivity, computer hardware, internet access and other technology necessary for You to access and/or use the Site.
4.3 You agree not to use any software, hardware, device or electronic means to interfere, alter, deny or otherwise disrupt the normal operation of the Site or any content within the Site.
4.4 You will not be permitted to participate in the services conducted through the Site without registering as a Buyer or Supplier on the Site, or submitting a request via our affiliate websites.
4.5 You may be subjected to a verification procedure prior to approval of registration.
4.6 You agree to only use your User ID and password on behalf of the business or company that you represent, as indicated during the registration.
4.7 You will be responsible for the confidentiality and use of Your User ID and password, and You will be held solely responsible for all communications made through the Site using your User ID and password whether or not authorized by You.
4.8 You will notify Us immediately upon becoming aware of any unauthorised access to or use of the Site and agree that We shall not be responsible to You nor shall You be entitled to make any claim, demand or request for compensation from Us in respect of any loss or damage suffered by You as a result of any unauthorised access to and/or use of Your User ID and password.
4.9 You agree that you will not:
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
- Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that We endorse any statement You make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks.
- Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without Our prior express written consent.
- Create a database by systematically downloading and storing Site content.
- Use any manual or automatic device in any way to rather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our prior express written consent.
4.10 You warrant at all times that:
- You are of sufficient legal capacity to enter into binding contracts and Transactions.
- All information provided by You to Us is true and correct.
- You have valid legal permits, approvals, licenses and authorisation as may be necessary for the goods and/or services You are providing, complying with all applicable laws regarding the handling, export, transmission or other related technical information and data and regulations of all relevant taxing or regulatory authorities.
- You are not prohibited by any applicable government authority or agency.
- Any information, representation or material submitted by You will not infringe any third party’s copyright, patent, trademark, or other intellectual property rights; any material, data or information You provide or submit to the Site will not contain any virus, worm or other code designed to delete, corrupt, expropriate data or other disrupt system operability.
- You will not engage in activities which cause or are intended to cause undue system overload or material degradation of Our computer system resources.
- Fees and Charges
5.1 Unless otherwise agreed by separate written agreement(s) with www.fittrail.eu, all fees and charges in connection with the use of the Site and/or services of FIT TRAIL will be payable by You to FIT TRAIL.
5.2 You agree that FIT TRAIL will not be responsible for any payments, fees, costs or taxes associated with any Transactions between a Customer and Supplier.
5.3 You shall be responsible for determining whether taxes are payable in respect of the Transactions under any applicable law and acknowledge that We are not liable nor should We be held responsible for paying, collecting, reporting or remitting any payment of taxes arising from any Transactions.
6.1 Information on the Site is provided on an “AS IS” basis.
6.2 We will use reasonable efforts to ensure that the Site is at all material times available for use. You understand and agree that use of the Site and/or services of FIT TRAIL are provided on an “AS AVAILABLE” basis without any guarantee or assurance that such use or access thereto will be uninterrupted, continuous or error-free.
6.3 We do not warrant or represent that the information on the Site or that the software is free from errors or omissions, and further make no representation, conditions or warranties whether express or implied, including any implied warranties, of satisfactory quality, completeness, accuracy or fitness for a particular purpose.
- Third Party Websites
7.1 The Site may contain links to other websites and online resources that are not controlled by us. We are not responsible for and do not endorse or accept any responsibility for the contents or use of these external sites or resources. Your use of these external sites or resources is at Your own risk.
7.2 You may create a link to this Site, provided that the link is fair and legal and:
- The link is not presented in a way that is misleading or could suggest any type of association, approval or endorsement by us that does not exist.
- The link is not presented in a way that is harmful to our reputation or the reputation of any of our affiliates.
- You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
7.3 We reserve the right to require You to immediately remove any link to the Site at any time and You shall immediately comply with any request by us to remove any such link.
8.1 Some information on this (“Site”) www.fittrail.eu is compiled from third party sources. We provide a link to these third party sources and do not own any copyrights, trademarks and other intellectual property rights of these information. If You believe that Your work has been copied in a way that constitutes copyright infringement, please get in touch with Us via our contact form at the Site.
8.2 All copyrights, trademarks and other intellectual property in/of the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content (other than those specified in 8.1) made available on the Site are owned by us and our licensors. With the exclusion of allowable use for research or private study purposes under applicable copyright laws or for the sole purpose of casual web browsing of the Site, no part of this Site may be reproduced, distributed or modified in whole or in part in any manner whatsoever by any medium without the written consent of FIT TRAIL.
- Limitation and Exclusion of Liability
9.1 We provide the site on an “AS IS” basis and make no representations as to the quality, completeness of any content made available on the Site. To the maximum extent permitted by law, We expressly exclude:
10.1 You agree to indemnify, defend and hold harmless FIT TRAIL, its directors, officers, employees, assigns and affiliates from and against any and all claims, actions, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable legal fees (collectively "Liabilities"), that may at any time be incurred by reason of any third party claim:
- Based upon any claim in connection with any goods or services which You purchase, supply or offer to purchase or supply (including without limitation changes in contracted prices, alleged errors, omissions or misrepresentation therein).
- Arising out of any software virus or other software code of a destructive nature transmitted by You.
- Arising from any act or omissions in connection with a Transaction You enter or propose to enter into (including without limitation any dispute, non-payment or other contractual failure by You to complete such Transaction).
- Arising from any tax, duties, excise or licence fee liability in connection with a Transaction You enter or propose to enter into.
11.1 You agree to preserve the confidentiality of any Confidential Information and not to permit the disclosure of Confidential Information to any unauthorised parties. You will undertake to ensure that disclosure of any Confidential Information to Your representatives is on a strictly “need to know” basis and in furtherance of Your obligations under these Terms of Us, shall enter into written confidentiality undertakings to protect unauthorised disclosure of the Confidential Information upon terms equivalent to this provision.
- Collection of Your Data
. This information includes those supplied by You at registration as well as through Your use of the Site.
- Duration of Terms
14.1 FIT TRAIL will not involve itself in any private dispute between Buyers and Suppliers whether or not arising out of a Transaction. Any valid dispute raised by You directly in connection with FIT TRAIL will be first addressed by Us in good faith. Failing any resolution with Us, then such dispute or difference shall be referred to and finally resolved by arbitration in Singapore. The arbitration shall be conducted in English.
- Delay or Force Majeure
15.1 FIT TRAIL will not be liable for any failure or delay arising from events beyond Our control, including but not limited to, acts of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government, telecommunication or public utility disruption or failure, industrial disputes of any kind (whether or not involving Our employees), failure of equipment, bugs, viruses, accidents, material shortages, explosion, subsidence, inclement weather, acts or omissions of persons or bodies for whom We are not responsible or any other cause outside Our control.
- Governing Law