Techontap's Terms of Service
Last Update: January 2020
Welcome to Techontap.se
Techontap AB is a Swedish company providing a platform for connecting service providers and service seekers to meet. The services served is within technical consultancy. Work within CAD, GIS, BIM, technical consultations, technical calculations, surveying mathematical work, FEM calculations, mass calculations, point cloud works, and other technical work. The services made is from a Service provider to a Service seeker directly with Techontap connecting these two users with each other.
The following terms of service (these "Terms of Service"), govern your access to and use of the Techontap website, including any content, functionality and services offered on or through www.Techontap.se (the "Site") by Techontap AB. Techontap AB is referred hereto as "Techontap" "we" or "us".
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Techontap services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available CET 09.00 – 16.00 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Service seekers are users who purchase services on Techontap.
Service providers are users who offer and perform services on Techontap.
Custom Offers are exclusive proposals that a Service provider can create in response to specific requirements of a Service seeker.
Custom Orders are requests made by a Service seeker to receive a Custom Offer from a Service provider.
Techontap Balance is the aggregated amount of your Revenue as a Service provider and/or returned payments from cancelled orders as a Service seeker.
Orders are the formal agreement between a Service seeker and Service provider after a purchase was made from the Service provider’s Service Page.
Project Page is where Service seekers and Service providers communicate with each other in connection with an ordered Service
SERVICE BASE FILES are data given from Service seeker to Service provider after order, these data and information is required to perform the order given.
- Only registered users may buy and sell on Techontap. Registration is free.
- Services on Techontap may be offered at a base starting price of €50.
- Service seekers normally pay Techontap in advance to create an order.
- Orders are purchased through the Order button found on a Service providers page or through a Custom Offer.
- For fees and payments please read the purchasing section here.
- Service providers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Service providers’ reputation and rank.
- Service providers gain ranking based on their performance and reputation.
- Service seekers or Service providers may not offer or accept payments using any method other than placing an order through Techontap.se.
- When purchasing a Service, Service seekers are granted all rights for the delivered work, unless otherwise specified by the Service provider on their Service page.
- Service providers create Services and technical knowledge on Techontap.se to allow Service seekers to purchase their services and consultancy works.
- Services can be purchased with a fixed price or price per hour with an estimation of number of hours.
- Service providers may also offer Custom Offers to Service seekers in addition to their Services.
- Each Service you sell and successfully complete, accredits your account with a net revenue of 75% of the purchase amount.
- Techontap accredits Service providers once an order is completed.
- If an order is cancelled (for any reason), the funds paid will be returned to the Service seekers’s Techontap Balance.
- Revenues are only made available for withdrawal within 3 days of ordered product.
- Service providers may not promote their Services or any Techontap content via the Google Ads platform or any other platforms outside Techontap.se.
- Service providers may withdraw their revenues using one of Techontap’s withdrawal options (see Withdrawal Section below regarding payment terms).
- The Service provider's rating is calculated based on the order reviews posted by Service seekers. High ratings allow Service providers to obtain advanced Service providers levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Service providers account.
- For security concerns, Techontap may temporarily disable a Service provider’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by Service seekers, or associating multiple Techontap accounts to a single withdrawal Service provider.
- Service providers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Service providers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Service page is inclusive of all such taxes and charges that may apply to the Service providers.
- Appointment as Limited Payment Collection Agent: Service provider hereby appoints Techontap as Service provider’s limited authorized payment collection agent solely for the purpose of accepting payments from Service seeker and remitting those payments to Service provider. Service provider agrees that payment from Service seeker to Techontap shall be considered the same as payment made directly to Service provider. Service seeker’s payment obligation to Service provider will be satisfied upon receipt of payment by Techontap and Techontap is responsible for remitting the funds to the Service provider in the manner described in these Terms of Service. In the event that Techontap does not remit any such amounts to Service provider, the Service provider will have recourse only against Techontap and not the Service seeker directly. Service provider agrees that Techontap may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Service seekers that Techontap may deem necessary or prudent.
- Service providers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Services created on Techontap are User Generated Content.
- Services and/or Service providers may be removed by Techontap from the Site for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Services
- Spam, nonsense, or violent or deceptive Services
- Services misleading to Service seekers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Service seekers
- Exceedingly low quality Services
- Promoting Techontap and/or Techontap Services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Services that are removed for violations mentioned above, may result in the suspension of the Service provider’s account.
- Services that are removed for violations are not eligible to be restored or edited.
- Services may be removed from our Search feature due to poor performance and/or user misconduct.
- Statements on the Service Page that undermine or circumvent these Terms of Service is prohibited.
- You may not offer direct payments to Service providers using payment systems outside of the Techontap platform.
- Service seekers may request a specific service from the Post a Request feature. Services requested on Techontap must be an allowed service on Techontap. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Techontap.
- Service seekers pay Techontap to create an order from a Service provider, using the Order Now button.
- Techontap serves as Service provider’s limited authorized payment collection agent solely for the purpose of accepting payments from Service seeker.
- In addition, Service seekers can request a Custom Order which addresses specific Service seeker requirements, and receive a Custom Offer from Service providers through the site
- Payment is made thru Paypal or for Service seekers that is approved for invoicing, can select invoicing.
- Service fees are added at the time of purchase where a Service seeker can review and accept the total amount requested to pay. These fees cover administrative fees. These fees are 3% of orders above €100 and orders less than €100 is the service fee 3€
- You may not offer Service providers to pay, or make payment using any method other than through the Techontap.se site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support
- By using any payment method and/or providing payment details for making purchases on Techontap, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Techontap; and (d) such actions do not violate any applicable law.
- Service seekers may pay on Techontap in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Techontap’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in € even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Service seekers should note that all prices on Techontap are derived always from their original € price and, therefore, non-€ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Service seekers always have the option to pay in € by changing their selected displayed currency.
- If you paid for an Order in a currency other than € and your Order was later cancelled for any reason, the amount returned to your Techontap Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same € value.
- Techontap Pro helps you and your team to better manage your purchases and projects on Techontap. Through Techontap Pro, Service seekers can create and manage business teams in which all members may use a shared payment method. Once a Service seeker creates a business team, they become the sole owner and administrator of the team.
- When inviting a Service seeker to a business team, the administrator authorizes such Service seeker to use the team’s shared payment method. Business teams may be subject to a monthly budget limitation, as defined by the administrator. Administrators can invite and remove Service seekers at any time. It should be noted, however, that removing a Service seeker from a business team does not delete or affect their Techontap account in any way, but only removes them from the administrator’s business team.
- Service seekers are asked to confirm their invitation to a business team and provide their names and roles in business before joining. Service seekers should note that all business team members have access to information about purchases made within the team through the shared payment method.
- Invoices for purchases made by Service seekers using the team’s payment method will be issued in the name of the business defined by the administrator and sent solely to the administrator.
- Service seekers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Service seeker before payment.
- Service seekers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- Once payment is confirmed, your order will be created and given a unique Techontap order number (#FO).
- Service seekers must inform the service seeker about the service wanted and in case deliver base material such as background maps, point clouds to start work from, or any other data needed to complete the work. These data is named SERVICE BASE FILES.
- Service provider will read through all data given from Service seeker and if any questions ask them to Service seeker. When everything is clear the Service provider starts the work.
- Service providers must deliver completed files to Service seeker after completed order.
- The Service provider has no right to use SERVICE BASE FILES in any other work and is asked to erase all files after final delivery of work.
- The deliver button is used when an order is delivered.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Service seeker. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
- We encourage our Service seekers and Service providers to try and settle conflicts amongst themselves. If for any reason this fails users can contact Techontap's Customer Support department for assistance here.
- When a Service seeker orders a Service, the Service provider is notified by email as well as notifications on the site while logged into the account.
- Service providers are required to meet the delivery time they specified when creating their Services. Failing to do so will allow the Service seeker to cancel the Order when an Order is marked as late and may harm the Service provider's status.
- Service providers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Techontap will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Service seekers may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Service provider's description on their Service page or they do not match the requirements sent to the Service provider at the beginning of the order process.
- Feedback reviews provided by Service seekers while completing an Order are an essential part of Techontap's rating system. Reviews demonstrate the Service seeker's overall experience with the Service providers and their service. Service seekers are encouraged to communicate to the Service provider any concerns experienced during their active order in regards to the service provided by the Service provider.
- Leaving a Service seeker's feedback is a basic prerogative of a Service seeker. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Techontap platform from users within our Community. Purchases arranged, determined to artificially enhance Service provider ratings, or to abuse the Techontap platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Service seekers are publicly displayed on a Service provider’s Service page.
- Withholding the delivery of services, files, or information required to complete the Service’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Service seeker has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Service providers may not solicit the removal of feedback reviews from their Service seekers through mutual cancellations.
Disputes and Cancellations
We encourage our Service seekers and Service providers to try and settle conflicts amongst themselves. If for any reason this fails users can contact Techontap's Customer Support department for assistance here.
- Order cancellations can be performed on Techontap, when eligible, by Customer Support or through the Resolution Center per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a Service seeker or Service provider encounters an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
- Techontap, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Service seeker shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Service seeker’s Techontap Balance.
- Revisions to deliveries can be performed by Service providers based on the Service provider’s Service and customer care. Service providers may determine the amount of revisions offered to Service seekers, including no revisions.
- Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
- Requesting to gain more services from Service providers beyond the agreed requirements by using the Request Revisions button is not allowed.
- Techontap encourages Service seekers and Service providers to resolve service disputes mutually.
- Eligibility for requests to Techontap to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service, general misconduct, and improper usage of the Techontap delivery system.
- Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 7 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 7 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Service seeker.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Service provider if the service was rendered as described in the Service Page. Service seekers may rate their experience with the Service provider on the Order Page, including the overall level of service quality received.
- Any non-permitted usage of Techontap encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Techontap’s Terms of Service.
- Techontap Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active Orders (after the Service seeker submits their requirements and before the Service provider delivers on Techontap)
- The Service provider is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the Service seeker requirements or the Service provider’s delivery.
- The user is no longer an active Techontap user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Service provider clicks Deliver Now and before the order is marked as complete)
- The Service provider uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Service seekers. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Service provider delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Service provider requests additional payments, on or off the Techontap platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Service provider is withholding the final delivery of services for improved ratings.
- Service seekers who abuse the Request Revisions button to gain more services from Service providers beyond the agreed requirements.
- Service seekers who threaten to leave a damaging review to gain more services from the Service provider not related to the agreed requirements.
- Completed Orders (after the order is marked as complete and before the 7-day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Service seekers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Service provider’s Service Page and cannot be retroactively included once the order is completed for over 7 days.
User Conduct and Protection
Techontap enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Techontap reflect the diversity of an expanding Service economy. Members of the Techontap community communicate and engage through orders, social media, and on Techontap’s Community Forums.
Techontap maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Techontap. This section relates to the expected conduct users should adhere to while interacting with each other on Techontap.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Techontap in order to circumvent or abuse the Techontap messaging system or Techontap platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- Techontap does not provide any guarantee of the level of service offered to Service seekers. You may use the dispute resolution tools provided to you in the Order Page.
- Techontap does not provide protection for users who interact outside of the Techontap platform.
- All information and file exchanges must be performed exclusively on Techontap's platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Techontap is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Techontap to contract, engage with, or pay outside of Techontap.
- Users with the intention to defame competing Service providers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Service seekers or Service providers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Users may report Services to Customer Support that may be in violation of Techontap’s Terms of Service based on the reported Service’s replicated similarity to pre-existing services (copycat Services).
- Service providers warrant that any content included in their Services shall be original work conceived by the Service providers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Services, Service providers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Services.
Adult Services & Pornography - Techontap does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Techontap should be friendly, constructive, and professional. Techontap condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Service providers further confirm that whatever information they receive from the Service seeker, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Service seeker. Any users who engage and communicate off of Techontap will not be protected by our Terms of Service.
Authentic Techontap Profile - You may not create a false identity on Techontap, misrepresent your identity, create a Techontap profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Techontap reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - Techontap will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use - You may not use Techontap for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Techontap community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Techontap’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Techontap. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Techontap accounts.
The Site, including its general layout, design and content, is exclusively owned by Techontap and protected by copyright and trademark law. Techontap®, Service® and Services® are all registered trademarks owned exclusively by Techontap. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- Techontap reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of Techontap's Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Techontap.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Service providers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Techontap's approval.
- Disputes should be handled by contacting Techontap Customer Support.
- Techontap may make changes to its Terms of Service from time to time. When these changes are made, Techontap will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Techontap after the date on which the Terms of Service have changed, Techontap will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Techontap by our users (Service seekers and Service providers) is User Generated Content. Techontap does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Techontap is not responsible for the content, quality or the level of service provided by the Service providers (even if they are Pro Service providers, Top Rated Service providers or otherwise). We provide no warranty with respect to the Services, their delivery, any communications between Service seekers and Service providers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Service provider undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Techontap. Service providers advertising online their Service or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Service provider's account.
Ownership and limitations: When purchasing a Service on Techontap, unless clearly stated otherwise on the Service provider's Service page/description, when the work is delivered, and subject to payment, the Service seeker is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Service provider, and the Service provider waives any and all moral rights therein.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TECHONTAP NOR ANY PERSON ASSOCIATED WITH TECHONTAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL TECHONTAP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SERVICE PROVIDER, TECHONTAP AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SERVICE PROVIDER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Techontap, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.