1. Acceptance of Terms
Welcome to CCA Limited - BidOnIt! (the “Site”), which is owned by CCA Limited (“Host”) by accessing the Site, you agree to be bound by these Terms and Conditions of Use (the “Terms”) and to comply with all applicable laws and regulations that apply to the Site. If you do not agree with any of the Terms of this agreement, you must not use the Site. The Terms shall apply regardless of the means by which the Site was accessed, including but not limited to, through the URL www.ccalimited.com, electronic mail or links from another website. Host reserves the right to change the Terms at any time and any such modifications become effective immediately upon being posted to the Site. You agree to review changes to the Terms and if any change is not acceptable to you, you agree to immediately terminate use of and/or access to the Site. Your continued use of the Site after the effective date of any such change constitutes your acceptance of the changes. It is recommended that you review the Terms periodically to ensure continued agreement to and compliance with such terms.
2. Purpose of Site
- The Site is a secure platform where Users may post advertisements for services or jobs that they require to be performed by creating an advertisement that describes the service or job required, the general location where the service or job is to be performed, the timeframe for the services or jobs to be completed and another relevant information with respect to the service or job being sought.
- The advertisement (except for information about identifiable individuals) shall be public and accessible by any user of the Site.
- Businesses that have paid their membership fees and are bound by the Terms (the “Members”) are then able, if they so desire, to provide to the User who created the advertisement, a quotation for the services or jobs required based on the information provided by the User.
- Host is not responsible for the accuracy of the advertisement or the accuracy of the quotation and shall not be liable for any loss or damage resulting from such inaccuracies.
- Services and/or jobs are carried out exclusively between the User and the Member who successfully quoted the advertisement. Host has no liability or responsibility to neither the User nor the Member other than those explicitly stated in the Terms.
Notwithstanding the above users acknowledge and agree that in posting an advertisement for services or jobs to be performed that the personal information that you have provided to enable Members to quote such services or jobs will be available to Members.
4. Age and Responsibility
You represent and warrant that you are of sufficient legal age (18 years of age or older) to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be financially responsible for all of your use of the Site (as well as for use of your account or login information by others, including without limitation, minors living with you).
5. Intellectual Property Rights
You acknowledge that the data, information and/or content including but not limited to text, software (including any HTML, WML, java, java script or any other computer code or source code), music, sound files, photographs, logos, designs, graphics, and other content used in connection with, incorporated or contained in or presented to you through the Site (collectively, the “Site Content”) are the property of Host or its licensors and are protected by intellectual property laws, including but not limited to copyright and trade-mark laws. All rights to the Site Content are expressly reserved.
No part or parts of the Site or Site Content herein may be reproduced, distributed, republished, commercially exploited, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without Host’s prior written permission provided that permission is granted to download and view the materials on the Site for personal, non-commercial use only. Host retains all copyright and other proprietary notices contained in the Site Content.
6. User Conduct
The Site provides an interactive component that includes advertisement posting boards, ratings posting boards, or other message facilities (collectively “Forums”). You are encouraged to share your comments and questions with us and other users, provided such content is for lawful purposes only. You are solely responsible for the content you post on, in or to the Forums. You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, but without limitation, you agree that when using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
- When providing feedback on the rating posting board, not rate any Member until such service or job to be performed is completed.
- Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another computer.
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Falsify information as to the identity of yourself or your business.
- Advertise for services or jobs that you do not require.
- Provide quotations for services or jobs that you are not properly qualified to perform.
- Download any file posted by another user of a Forum that you know, or reasonably know cannot be legally distributed in such manner.
- Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- Advance views of a political or religious nature;
- Expose Host or its affiliates or users to any harm or liability of any kind;
You acknowledge that all Forums are public and not private communications and that Host assumes no responsibility or liability for any statements, representations or content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor will Host be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may be exposed to on the Site.
Further, you acknowledge that messages, postings and other communications by other users are not endorsed by Host and such communications shall not be considered reviewed, screened or approved by us. We reserve the right for any reason to remove without notice any contents of the Forums received from users. We reserve the right to deny in our sole discretion any user access to the Site or any portion thereof without notice. Any violation of the foregoing may result in termination or suspension of your rights to use the Forums and/or the Site.
7. User Submissions and Communication
- We encourage you to share your comments and questions with us and other users. However, we assume no responsibility for reviewing unsolicited ideas for our business (like service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Host programs or Site features. Also, please remember that you are responsible for whatever material you submit, and that you, and not Host, have full responsibility for the message, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages.
8. User Information and Security
You are solely responsible for maintaining the confidentiality of your password, if any, and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Host of any unauthorized use of your account or any other breach of security known to you.
You agree to provide current, accurate and complete information (the “User Information”) as may be required for the accurate and timely processing of information through the Site. Furthermore, you accept all risks of unauthorized access to the User Information and any other information you provide to us.
User acknowledges that Host has no obligation to monitor the site. However, you agree that Host has the right to monitor electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate properly, or to protect itself or its users in accordance with Host’s Privacy Statement.
10. Interruption to Site’s Services
While we endeavour to make all reasonable efforts to make the Site available to users 24 hours per day, 7 days a week, Host shall assume no responsibility or liability in respect of the loss of data during transmission over the Internet as a result of interruptions beyond our reasonable control or due to down-time caused by routine maintenance. Host shall not be liable or responsible for any delay in the posting of advertisements nor any delay in the sending or delivery of quotations in response to advertisements.
11. Participation in Advertisements and Quotations
You may enter into correspondence with Members or other users. Any such correspondence, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence, other than with Host, are solely between you and the respective Member or User. Host assumes no liability, obligation or responsibility for any part of any such correspondence, promotion or transaction.
12. Disclaimer of Warranty
- HOST DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS. IF THE USE OF THE SITE OR THE SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HOST IS NOT RESPONSIBLE FOR THOSE COSTS.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. HOST MAKES NO WARRANTIES AS TO THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY OF THE DATA CONTAINED AT THIS SITE. THE SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. HOST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND ANY IMPLIED WARRANTITES OR CONDITIONS OF MERCHANTABILTIY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT.
- HOST DOES NOT WARRANT OR REPRESENT THE IDENTITY OF THE USERS OR MEMBERS OF THE SITE. YOU ASSUME ALL OF THE RISK IN DEALING WITH OTHER USERS, MEMBERS AND THIRD PARTIES.
- THE DISCLAIMER OF WARRANTY APPLIES TO DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
13. Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HOST, ITS EMPLOYEES, ITS SUPPLIERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE SITE CONTENT, THE SERVICES OR JOBS BEING SOUGHT AND/OR QUOTED WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOST, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDNIG NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HOST FOR ACCESS TO OR USE OF THE SITE.
You agree to defend, indemnify, and hold harmless Host, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (i) your access to and use of the Site (including software), (ii) your violation of any of the Terms; (iii) your violation of any third party right, including without limitation, any copyright, property, trademark or privacy right; or (iv) any claim that the content you have submitted to the Site resulted in damage to a third party.
The Site may contain other site links. Host has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Host of the website. Use of any such linked website is at the user’s own risk.
You may not assign, convey, subcontract or delegate your rights, duties or obligations under the Terms of this agreement.
The invalidity or unenforceability of any provision of this agreement shall not affect the validity and enforceability of any other provision of this agreement and any such invalid or unenforceable provision shall be deemed to be severable. Internet Control Engine Inc.’s failure to enforce any provision of this agreement shall not be considered a waiver of the right to enforce such provision. Our rights under the agreement shall survive any termination of the agreement.
18. Choice of Law
The laws of the country of Saint Vincent and the Grenadines therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws, provisions or the user’s domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the country of Saint Vincent and the Grenadines in any action or proceeding instituted under or related to this agreement. Except as prohibited by applicable law, you hereby agree to waive any right to commence or participate in any class action against Host related to any claim arising from use of the Site.
Host may change or discontinue the Site or any of the Site Content at any time without notice. We reserve the right to terminate this agreement at our sole discretion and for any reason, without notice. This Agreement will automatically terminate in the event you violate any of the Terms of the agreement. In the event of termination, you will immediately discontinue access to and use of the Site.
20. Entire Agreement
The Terms of the agreement set forth above constitute the entire agreement between you and Host relating to the subject matter of this agreement, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
Effective Date: 25th November 2014