GENERAL

Please read all the terms and conditions contained in this page carefully. By accessing this site and any other pages thereof, you agree to be bound by the terms and conditions as defined. If you are not agreeable to the terms and conditions set out, do not access the site, or any of the pages thereof. The rules are applicable for the Transport Marketplace and its approved affiliate Web Sites mytransportonline.com and transport-valley.com.

Copyright 2003-2006 in Transport Marketplace Web Site and in the information and materials therein and in their arrangement are owned or licensed for use by Transport Marketplace unless otherwise indicated.

The following words when used within the website have the meanings shown :

Web site: refers to the Transport Marketplace hereafter known as RB&Associés sàrl of 9, rue des Brindes - 76600 Le Havre - France.

Carrier: means the physical person or value duly enrolled in the Marketplace as a member, in the form of a carrier in possession of consumable credits in exchange for services in the Transport Marketplace so far as the online balance of credits allows it.

Shipper: means the physical person or value duly enrolled in the Marketplace as a member, in the form of a shipper.

Member: means the physical person or value duly enrolled in the Marketplace as a member, in the form of a shipper or a carrier

Identity: refers to the member's personal email address and password allowing the members to identify themselves in the Transport Marketplace after confirmation of registration.

Services: the services provided by Transport Marketplace.

Credit: is the method of payment for Transport Marketplace's services for shipper only.

Internet: refers to the entire global interconnected network.

Details of the services includes and provides by Transport Marketplace for its members :
- Searching for carriers
- Request for quotations
- Bookings in 2007
- Others services to come

The form "Buy credits" is displayed online in the "Carrier area" and is an integral part of the current contract.

All use of credits in the Transport Marketplace implies the agreement of the current Terms and conditions.

The current contract is valid so long as the balance of credits exceeds zero in carrier area.

TRANSPORT MARKETPLACE'S SERVICES TARIFF

Shipper: All services are free.

Carrier: The link Buy or transfer credits from the carrier Transport Marketplace home page recaptures the tariff conditions for the services proposed in Transport Marketplace home page.

REGISTRATION IN TRANSPORT MARKETPLACE

Member registration by a sponsor -your client or provider- or direct by the future member from the Transport Marketplace home page is subject to their approval.

Any future member receive an e-mail and has to confirm or deny their registration on the marketplace.

The active member can use Transport Marketplace's proposed services in their secured personal area.
The member can manage their details in the menu "My profile".

MEMBER RESPONSIBILITY

The member has to uphold a valid e-mail address and postal address. He has to warn its clients or provider of any changes made to the e-mail address.
It is the soul responsibility of the member that these details will be made in their personal area from the menu entitled "My profile".
Any recognised false information or transfer of credits to an unauthorised third party will result in the suspension of the account without prior warning.
Under no circumstance should the member attempt to access Transport Marketplace's information systems either directly or indirectly.

RESPONSIBILITY TRANSPORT MARKETPLACE

Contents
Transport Marketplace has no control over the contents produced by the carrier and shipper through their personal area in the "Description" zone or the emails that are sent for quotation request and booking.
In no circumstances will Transport Marketplace see it as it's responsibility to be involved in any action or third recourse, notably relating to any information contrary to current legislation and regulations contained and / or sent by the member from his carrier or shipper area via the e-mail function or displayed by the Transport Marketplace search engine.

Accessibility
Due to the characteristics and limits of the Internet, the member acknowledges that Transport Marketplace cannot in any way be held responsible for the speed of access from other sites in the world, for any slowing down or for any difficulties of access to his personal data.
Transport Marketplace cannot be held responsible for non-delivery of e-mails due to the characteristics and limits of the Internet.
Transport Marketplace reserves the right to temporarily interrupt the accessibility of services for maintenance reasons and/or for improvement without compensation.
However, Transport Marketplace promises to utilise all means to which it has access to minimise such interruptions and, if possible, warn the member.

Compatibility
Internet Explorer 6, Netscape 6+, Firefox 1.5, Opera 7+.

Security
It will not be the responsibility of Transport Marketplace to become involved in the instance of the insertion of malicious information in the personal area of the member despite all the security measures taken by Transport Marketplace.
It is the members obligation to regularly change his personal password.

Confidentiality
Transport Marketplace is registered with the CNIL N°754377. You have the right to consult, modify, rectify and delete any information concerning you (Article 34 of Computers and Privacy Act). To exercise this right, please consult the menu "My Profile" or send us an e-mail.

DENIAL OF GUARANTEES

The services of Transport Marketplace are built on a base of availability. Transport Marketplace specifically refutes any other guarantees including any guarantee of merchant value or of physical form for a particular purpose.
Transport Marketplace will not be responsible in any circumstances for consecutive, indirect, special or accidental damages. Even if Transport Marketplace has informed of the possibility of such loss or potential damage.
If Transport Marketplace's services to the member are disrupted, or in suffer from functioning fault for any reason, Transport Marketplace is not responsible for the loss of any revenue due to an interruption of service.

TRANSFER OF CREDITS

The transfer of credits is exclusively authorised between carrier of the same organisation and is under the complete responsibility of the transferor.

INDEMNITY

The member agrees to defend, guarantee and hold the supplier innocent against the loss, damage, or complaint linked to the use of services provided by Transport Marketplace to the member under this agreement, including, but not limited to : false publicity, responsibility demanded for a product of service sold by the member, copyright, interruption or functioning fault of the service or for all content submitted by the member.

Transport Marketplace and it's members shall not be held responsible for any claims, demand, or damage, including reasonable solicitors' fees, asserted by any third-party due to or arising out of use or conduct of Transport Marketplace Web Site.

TERMINATION

All defaults of credits on behalf of the carrier will result in automatic termination of the current contract and the provisional restricted then suspended services, without prior warning after 30 days.

In a case of a violation of the user policy of Transport Marketplace's services, the carrier account could be permanently suspended and unused credits will be reimbursed within 30..

SPECIFIC CONDITIONS FOR CARRIER

The proposed prices for credits and services are those mentioned in the on-line credit purchase form at the time of the ordering. The prices include tax and are payable in advance in 6 currencies at the carriers discretion for a period of provisional consumption as agreed by the carrier. Purchased credits are transferable to third parties from the same organisation through the personal area in the carrier's menu "credits" and are entirely his responsibility.
Transport Marketplace can change its price at any moment without any prior warning.
Services paid for in advance with credits are guaranteed.
The number of credits uses for services is variable in relation to the service provided according the tariff.
The carrier will consult credit history and edit transaction # detail by clicking on link, according to their credit purchases. They can at any moment consult or edit the detailed record of transactions consumption for the non-archived period.
Transport Marketplace reserves the right to relay without hesitation any new tax or to increase the rate of any existing taxes.
The carrier should attempt to regularly archive part or out of date transactions.
Transport Marketplace archives its data one year for confidential statistics.

ATTRIBUTION OF SKILLS

The application of the Terms and conditions are subject to French law. In the case of litigation the member accepts to subject themselves exclusively to the commercial tribunal jurisdiction in Le Havre France not withstanding multiple defendants or guarantee of appeal.

TRADEMARKS

"Transport Marketplace"logos are registered trademarks owned and licensed for use by Transport Marketplace. Transport Marketplace also has the rights to claim trademark and service mark rights in other marks contained in the pages.

USE OF INFORMATION AND MATERIALS

The information and materials contained in this site, including text, graphics, links or other items - are provided "as is", "as available". Transport Marketplace does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials.

No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of the third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

This Web site may include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered at Transport Marketplace's sole discretion. Changes are also periodically added to the information contain herein. These corrections and changes may be incorporated into the Transport Marketplace Web Site at a later date. Transport Marketplace may at any time make modifications, improvements and/or changes to these Terms and Conditions, the information, names, images, pictures, logo and icons displayed on the Transport Marketplace Web Site or products or services referred to within, with or without notice.

LIABILITY DISCLAIMERS

Transport Marketplace Web Site may contain links or references to other web sites that may be accessed and such web sites may originate outside the boundaries of the Transport Marketplace Web Site and Transport Marketplace will have no control over their content. Therefore, Transport Marketplace shall have no obligation or responsibility regarding any content derived, obtained, accessed within, through or outside Transport Marketplace Web Site.

In no event shall Transport Marketplace, any of its members or partners be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, or any damages whatsoever resulting from the access or use, or inability to access or use the Transport Marketplace Web Site or arising out of any materials, information, members quotations, bookings, qualifications or recommendations on this Web Site.

PROPRIETARY RIGHTS

Any software used in connection or in conjunction with Transport Marketplace Web Site is protected by applicable intellectual property rights and any other governing laws.

Any unauthorised copying, reproduction, modification, duplication, creation in a derivative work of; shall constitute infringement of the proprietary rights thereof. Transport Marketplace reserves all rights to indemnities.

ACCEPTANCE BY SHIPPER AND CARRIER

Clicking the acceptance box on the "Register" page and again on the "Buy credits" page in carrier area, thereby implies acceptance of these terms and conditions without reservation.