The terms governing your use of our website and professional services.
These Terms of Service set forth the legally binding agreement between you, whether as an individual or on behalf of an entity, and Cit General Trading Corp., a corporation organized under the laws of Canada with its registered office at 50 Corstate Ave Suite 2, Unit 1, Concord, Ontario, L4K 4X2, Canada, operating under the trade name CIT Trade. The terms Company, we, us, and our refer to Cit General Trading Corp. The terms you and your refer to the individual or entity accessing or using our website or engaging our services.
By accessing or using our website at https://www.cittrade.mom, contacting us through the website or by electronic mail, engaging our professional services, or otherwise interacting with CIT Trade in a manner governed by these terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these terms in their entirety, you are not authorized to use our website or services and must discontinue access immediately.
We reserve the right to modify, amend, or replace these Terms of Service at any time at our sole discretion. Any modifications will be effective immediately upon posting the updated terms to this page. It is your responsibility to review these terms periodically for changes. Your continued use of the website or services following the posting of any revised terms constitutes your acceptance of those changes.
CIT Trade provides professional services within the computer systems design and related services industry, including but not limited to:
All services are provided pursuant to a separate written agreement, statement of work, or engagement letter executed by both parties. The description of services on our website is for informational purposes only and does not constitute a binding offer to provide services. CIT Trade reserves the right to decline any engagement or inquiry at its sole discretion and without obligation to state a reason. We do not guarantee that any specific service offering described on our website will be available at any given time or in any particular geographic location.
Our website is made available for lawful, professional purposes consistent with our business operations. By accessing our website, you agree that you will not:
We reserve the right to terminate or restrict your access to the website at any time, without notice and at our sole discretion, for any conduct that we determine, in our reasonable judgment, violates these Terms of Service or is otherwise harmful to CIT Trade, our clients, our systems, or any third party.
All content published on our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, page layout, design elements, source code, software, and the selection, coordination, and arrangement thereof, is the exclusive property of CIT Trade or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws. The CIT Trade name, the Cit General Trading Corp. name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks and trade names owned by CIT Trade or its affiliates. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any content from our website for any commercial purpose without our prior express written consent.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the content on our website for your personal, non-commercial informational purposes only. This license does not include any right to: (a) sell, resell, or commercially use any website content; (b) collect and use any service listings, descriptions, or pricing; (c) create any derivative use of the website or its content; (d) download or copy account information for the benefit of any third party; or (e) use any data mining, robots, or similar data gathering and extraction tools. Any use of the website or its content not expressly permitted by these Terms of Service is a breach of these terms and may violate applicable intellectual property laws.
Subject to the terms of the applicable engagement agreement, CIT Trade generally assigns to the client ownership of deliverables created specifically for that client in the course of an engagement, including but not limited to system design documents, architecture diagrams, configuration specifications, and custom software or scripts. CIT Trade retains ownership of pre-existing tools, methodologies, frameworks, templates, code libraries, and know-how used in the delivery of services, and grants the client a perpetual, irrevocable, royalty-free license to use such pre-existing materials solely in connection with the deliverables for which they were provided. The specific allocation of intellectual property rights in engagement deliverables shall be governed by the terms of the applicable engagement agreement, which shall control in the event of any conflict with these general terms.
In the course of exploring or engaging our services, you may disclose to us, or we may receive access to, information that is confidential or proprietary to you or your organization, including but not limited to business plans, financial data, technical specifications, system configurations, source code, infrastructure details, security information, customer data, trade secrets, and other non-public information. CIT Trade agrees to hold all such confidential information in strict confidence, to use it solely for the purpose of evaluating or delivering the services for which it was disclosed, and to protect it using measures no less stringent than those we apply to our own confidential information of similar sensitivity. The obligation of confidentiality does not apply to information that: (a) is or becomes publicly available through no fault of CIT Trade; (b) was rightfully in CIT Trade's possession prior to its disclosure by you; (c) is independently developed by CIT Trade without use of or reference to your confidential information; or (d) is required to be disclosed by law, regulation, or court order, provided that CIT Trade gives you prompt notice of such requirement to the extent legally permitted and reasonably cooperates in any effort to limit or resist the disclosure.
For client engagements, more detailed confidentiality provisions will be set forth in the applicable engagement agreement or a separate non-disclosure agreement executed by both parties, which shall control in the event of any conflict with these general terms.
THE WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, AND SERVICES DESCRIBED THEREIN ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIT TRADE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, AND FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, CIT TRADE DOES NOT WARRANT OR REPRESENT THAT: (A) THE WEBSITE WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS OR ERRORS IN THE WEBSITE OR ITS CONTENT WILL BE CORRECTED; (C) THE WEBSITE OR THE SERVER INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; OR (E) THE RESULTS OBTAINED FROM USING THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
THE INFORMATION PRESENTED ON OUR WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL, TECHNICAL, LEGAL, OR FINANCIAL ADVICE. YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL BEFORE MAKING DECISIONS BASED ON INFORMATION OBTAINED FROM OUR WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIT TRADE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, DAMAGE TO GOODWILL OR REPUTATION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES DESCRIBED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CIT TRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CIT TRADE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE WEBSITE, OR ANY SERVICES DESCRIBED THEREIN SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO CIT TRADE FOR SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless CIT Trade and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal and professional fees) arising out of or relating to: (a) your breach or violation of any provision of these Terms of Service; (b) your use of the website in any manner not expressly authorized by these terms; (c) your violation of any applicable law, regulation, or the rights of any third party; or (d) any content or information you transmit, submit, or otherwise provide to us through the website.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle or compromise any claim subject to indemnification under this section without our prior written consent if such settlement would impose any obligation, liability, or admission of fault on CIT Trade.
Our website may contain links to third-party websites, services, or resources that are not owned or controlled by CIT Trade. We provide these links solely as a convenience to you and do not endorse, warrant, or assume responsibility for the content, accuracy, privacy practices, terms, products, services, or availability of any third-party website or resource. You acknowledge and agree that CIT Trade shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services. Any dealings you have with third parties found through our website are solely between you and the third party, and CIT Trade shall have no involvement or responsibility with respect thereto.
These Terms of Service and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict-of-law principles that would result in the application of the laws of any other jurisdiction.
Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties. If the parties are unable to resolve the dispute through negotiation within thirty calendar days, either party may refer the dispute to binding arbitration in accordance with the Arbitration Act (Ontario). The arbitration shall be conducted in Toronto, Ontario, Canada, in the English language, before a single arbitrator mutually agreed upon by the parties or, failing agreement, appointed by a court of competent jurisdiction. The arbitral award shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of the party's intellectual property rights or confidential information. For such actions, the parties consent to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada.
These Terms of Service, together with our Privacy Policy and any separate written agreement executed between you and CIT Trade for the provision of professional services, constitute the entire agreement between you and CIT Trade with respect to your use of our website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the subject matter hereof. In the event of any conflict or inconsistency between these Terms of Service and any engagement-specific agreement, the terms of the engagement-specific agreement shall control.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these terms will continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.
No failure or delay by CIT Trade in exercising any right, power, or remedy under these Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver by CIT Trade of any breach of any provision of these terms shall not be construed as a waiver of any continuing or succeeding breach of such provision or a waiver of the provision itself.
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms of Service without our prior written consent. CIT Trade may assign, transfer, or delegate any of its rights or obligations hereunder at its discretion without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this provision shall be null and void.
Nothing in these Terms of Service shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and CIT Trade. Neither party has the authority to bind the other or to incur any obligation on the other's behalf without the other's prior written consent.
CIT Trade shall not be liable for any delay or failure to perform its obligations under these Terms of Service or any engagement agreement if such delay or failure results from circumstances beyond our reasonable control, including without limitation acts of God, natural disasters, fire, flood, earthquake, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental orders or regulations, failure or interruption of utility or telecommunications services, Internet service provider failures, denial-of-service attacks, or any other cause or event beyond our reasonable control.
All notices, requests, consents, claims, demands, and other communications relating to these Terms of Service shall be in writing and shall be deemed delivered upon receipt when sent by electronic mail to service@cittrade.mom or by registered or certified mail, return receipt requested, to the following address: Cit General Trading Corp., 50 Corstate Ave Suite 2, Unit 1, Concord, Ontario, L4K 4X2, Canada. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
For questions, concerns, or notices regarding these Terms of Service, please contact us at: