Last Updated: 30 August 2018
Thank you for choosing to use FastTrackTrade. FastTrackTrade is designed to enable small and medium-sized businesses to seek buyers or sellers of purchase orders, invoices and payments (collectively, “Trade Finance Transactions”), to seek providers or users of commercial goods and services related to Trade Finance Transactions, and to seek financing and insurance coverage for Trade Finance Transactions.
Scope of the Company’s Services
The Company is a platform provider, and does not provide any goods or services (other than the use of the Platform or the SErvices provided directly by us). Any financial, logistical, insurance, or payment goods or services are provided by other users of the Platform on a direct basis with you. The Company is not responsible, and not liable, for the acts or omissions of your Counterparties in the provision of any goods or services solicited, offered, or rendered by such Counterparties on the Platform. We hereby disclaim any such responsibility or liability, and you hereby expressly acknowledge and agree to no such responsibility or liability by us. Please see the section on “Interactions with Counterparties” below for more details.
To be eligible to use the Platform, you represent and warrant that:
1. either (i) you are at least 18 years of age or older and you have legal capacity to agree to this terms and conditions or (ii) you are entering into this agreement on behalf of a company or other legal entity have the authority to bind to this agreement;
2. all registration information you submit is accurate, complete and not misleading, and that you will maintain the accuracy, completeness, and none misleading nature of such information by updating us as necessary; and
3. your use of the Service does not violate any applicable Law in your home country.
To begin the enrolment process, you must complete the registration process for one or more of the Services. By registering for or using the Services, you confirm that you did not rely on any oral or written representations made by employees of the Company or any of its affiliates and that you chose the service based on your own due diligence and consideration. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable law.
Control of Your Account
You will receive an account designation and choose a password upon completing the registration process. You must be the beneficial owner of your account. You must also conduct business only on behalf of yourself or your company (as appropriate), ensure that the use of the account (including control of the password and access to the account) shall be limited to (i) you (as an individual) or (ii) the authorized employees at your company and ensure your company’s profile is completed (including logo and MAS certification).
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You further agree to ensure that you exit from your account at the end of each session, and provide general access controls to the account.
We are not liable for any loss or damage arising from your failure to comply with this Section or any use of your password or account whether authorized by you or not. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to such unauthorized use.
You may never use another’s account, username, or password without permission. Similarly, you may not assign or otherwise transfer your user account to any other person or entity. In order for us to identify you, you may not attempt to cloak or conceal your identity, or your application or devices identity, when requesting authorization to use the Platform or the Services.
Limits on the Use of the Platform
We may set limits on the number of service requests that you can make, at our sole discretion. We may also impose limits on certain features and Services, or restrict your access to parts or all of Platform or Services without notice or liability. We retain the right to immediately halt any Transaction, prevent or restrict access to any Service, or take any other action to restrict access to or availability of any inaccurate listing, any inappropriate items, any unlawful items, or any items otherwise prohibited by the applicable Program Policies. You agree to such limitations and will not attempt to circumvent such limitations.
No Life Insurance Products
You are not permitted to, directly or indirectly (whether alone or in conjunction with or on behalf of any person, firm, corporation or consortium), solicit, initiate, participate in or continue discussions or negotiations or enter in any agreement with any on the Platform for the purpose of creating, selling, offering, marketing or otherwise making available on the Platform any life insurance or life insurance related products and/or services (excluding any state-run guarantee programs, such as state-run trade financing, export guarantees or loans to SMEs). If you have any questions about this policy, please contact the Company at firstname.lastname@example.org.
Unauthorized Use of the Platform
You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct web browser or Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use an application or the Software with an incompatible or unauthorized device or for purposes other than which the application or the Software is intended to be used.
You will not perform an action with the intent of introducing to the Platform or Service any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature. You will not interfere with or disrupt the Platform or any Service, or the servers or networks supporting the Platform or providing the Services. Furthermore, you will not use the Platform or any Service in a manner that adversely impacts the stability of the servers or networks supporting the Platform or providing the Services or adversely impacts the behavior of other applications using Services.
Please note that the use of the Platform or any Service for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code is strictly prohibited. So too is the use of the Platform or any of the Services as a generic image hosting service for banner advertisements, graphics, etc.
We may elect to provide you with Support for the Platform or the Services. Any Support given is solely at our discretion, and may be terminate at any time without notice to you.
Harassing or Abusive Activities
You will not defame, abuse, harass, stalk or threaten others or cause them to be the same. You will, furthermore, not use the Platform or any of the Services in any manner or for any purpose that violates any Law, or any rights of any person, including (but not limited to) Intellectual Property Rights, rights of privacy, or rights of personality.
We may sometimes review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content. Finally, content accessible through our Platform or Services may be subject to Intellectual Property Rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by Law. Your access to the content provided by us may be restricted, limited, or filtered in accordance with local laws, regulations, and policies.
Monitoring of Your Use of the Platform
We may monitor the use of the service to ensure quality, improve our products and services, and verify your compliance with these terms. You will not interfere with such monitoring. If you do so, we may use any technical means to overcome such interference.
The Platform and Services are developed and provided to corporate users for commercial purposes. For limited and initial trial purposes over a short duration (as determined by the Company at its sole discretion), the Platform and all Services will be provided free, after which charges will be imposed. However, we will only impose charges once agreed to by you through a 30 day notice of such change and your continued use of the Platform or Services after such 30 day notice.
Intellectual Property Ownership
You will not or allow any other party to reverse engineer, disassemble, reconstruct, decompile or attempt to extract the source code from any API or any related software. Your limited license does not permit you to sell, lease, or sublicense the Platform or any of the Services, or access the Platform or the Service such as to derive revenues from such access (whether for direct commercial or monetary gain or otherwise).
Unless expressly permitted by us (and a content owner, if applicable), you agree that you will not, and will not permit your end users to, do the following with content returned from the Platform or the Services.
· Scrape, build databases or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header.
· Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense any of the content to any third party.
· Misrepresent the source or ownership of any of the content.
· Remove, obscure, or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company (or any of its affiliated companies) or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
Confidential Communications with You
Our communications to you may contain confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the confidential information to any third party without our prior written consent.
Personal Data Protection
Interactions with Counterparty
Under no circumstances is the Company responsible for any user submissions or Counterparty interactions with you, including defamatory, offensive, or illegal conduct of such users or Counterparties. Any liability stem from such actions will rest solely with the responsible user or Counterparty.
In the event of a dispute between you and a Counterparty, we will not be a party to such disputes, including any negotiations.
You agree that it is your responsibility to take all precautions in all actions and interactions with any third-party service providers, advertisers or sponsors you interact with through the Platform or any of the Services or advertising or marketing material supplied through the Platform or any of the Services.
Advertising and Marketing
Disclaimer of Any Warranty
Some of the services may be experimental and not tested in any manner. We do not represent or warrant that the Platform or any of Services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. We also disclaim all warranties, express or imply (but not limited) to warranties of merchantability, accuracy, completeness, and fitness of any of the content, the Platform or any Services for a particular purpose availability, security, title and/or non-infringement. The Platform and all Services are made on an ‘as is’ and ‘as available’ basis.
You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security, and validity of any and all features and functions of the Platform and any Services. However, we will take reasonable means and safety measures to avoid delays, inaccuracies, errors, or omissions.
Limitation of Liability
We are not under any circumstances liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of, or in connection with, use of the Platform or any Services, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not we have been advised of the possibility of such damages. Under no circumstances shall we be liable to you for any amount.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL FASTTRACKTRADE, ITS PARTNERS, ITS SUPPLIERS, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFIT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
The foregoing limitation of liability shall apply to the fullest extent permitted by Law.
Regardless of the aforementioned, in no event will our liability for damages under this agreement exceed the amount paid by you to us under this agreement.
Release and Waiver
To the maximum extent permitted by Law, you thereby release the Company (and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees) from any and all liability for Claims arising from or in any way related to your use of our services and waive any Claims therefrom, excepting where such Claims are directly attributable to (i) our gross negligence or willful misconduct or (ii) a material breach of this Agreement.
Hold Harmless and Indemnity
To the maximum extent permitted by Law, you agree to hold harmless and indemnify the Company (and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees) from and against any third-party claim arising from or in any way related to your use of the Platform or the Services, including any liability or expense arising from all Claims. We shall use good faith efforts to provide you with written notice of any such claim, suit or action.
Service Delays and Internet Delays
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control, including any acts war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding us from performing our respective obligations this Agreement.
The Platform and Services (and any related application or the Software) may be subject to limitations, delays, lack of service, and other problems inherent in the use of the internet and electronic communication, including the device use by you to access the Platform or any of the Services. These limitations, delays, lack of service, or other problems are not the responsibility of the Company to alleviate, and any damages or losses to you resulting therefrom shall not be the responsibility of the Company.
As between the parties, you will be responsible for the collection and payment of any and all of your taxes (together with the filing of all relevant returns), such as VAT, GST and Intrastat returns and issuing VAT invoices/credit memos where resulting from, collected by, or paid to you for any reason: (i) in connection with any advertisement, offer, or sale of products or services by you on or through or in connection with the Services; (ii) in connection with any products or services provided for which Your Products are, directly or indirectly, involved as a form of payment or exchange; or (iii) otherwise in connection with any action, inaction or omission of you or your affiliates, or any persons providing products or services, or your or their respective employees, agents, contractors or representatives, for which Your Products are, directly or indirectly, involved as a form of payment or exchange. We are not responsible for collecting, remitting or reporting any GST, VAT or other taxes arising from any such sales. Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of all value added, sales, use and similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, sales, use or similar taxes from you, you will pay such taxes to us.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of the Platform and any Services, we shall be deemed to act independently and not as partner, joint venturer, agent, employee, or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of us, express or implied, and you shall not attempt to bind us to any contract.
Invalidity of Specific Terms
Location of Lawsuit and Choice of Law
No Waiver of Rights
As used in this Agreement, the following terms have the following meanings.
“Claims” means any claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
“Counterparties” means any other user, or other counterparties, you enter into activities with on the Platform or off, all of which are third parties to this agreement.
“Website” means that website, the primary home page of which is located at co, discover.fastracktrade.co, and any successor or replacement website.
“Intellectual Property Right" means any patent, copyright, Trademark, domain name, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
“Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.
“Platform” means the FastTrackTrade platform, and includes, but is not limited to, the Website, any telephonic or other electronic communications with us, and any application provided by use to you for provision of Services.
“Programme Policies" means all terms, conditions, policies, guidelines, rules and other information for the applicable Service.
“Services" means any of the services provided to you by the Company on the Platform.
“Software” means any application or software provided by the Platform or the Company for the provision of Services or use of FastTrackTrade.
“Support” means any tutorials, hot line support and any other means provided by FTT to explain the service.
“Transaction” means any sale or purchase of goods or services on the Platform, other than the Services provided by FastTrackTrade.
“Your Products” means any product or service that you have offered through the Platform or any of the Services.