Terms Of Use | Asian Exim Banks Forum

Acceptance of terms

The Service (hereinafter defined) is offered to you on condition that you accept all the terms contained herein, without modification or reservation of any of the terms and conditions.

For the purpose of this Terms of Use, "Service" shall mean and include the web portal services provided on www.asianeximbanks.org ("the Site"), whether by way of subscription or otherwise, by way of use of or access to web pages, HTML code, literature, information, products or services provided therein.

Subscription

All or any part of the Service may require a visitor to the Site to subscribe to the Service. Subscription to the Service would require the provision of personal data for the purposes of identification of the subscriber. You may have to create your login id and password. The login id & password shall only be used by persons authorized for the purpose, and shall not be assigned to any other person or entity. For details of the Privacy Policy of the Site and the manner in which any personal data shall be stored and used by us, please refer to our Privacy Policy.

Such password shall be kept in a secure manner. You shall bear all responsibility of keeping the password secure and you shall incur all liability as a result of the password being used by third parties, or due to improper use of the password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Limits on Use

You agree to use the Service strictly for personal and non-commercial use. You also agree to give due credit to us while using the Service for educational or reference purposes. You may download, retrieve and display the Service from the Site on the computer screen, print individual pages on paper, photocopy and store such pages in an electronic form on disk (but not on any server or other retrieval device connected to a network), provided all the intellectual property in the Service continues to vest with us.

You shall not: -

reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, reproduce, publish or create derivative works from or in any way exploit any of the Service in violation of this Terms of Use or the laws of any country;
. redistribute the Service (including by using it as a part of any library, archive or similar device);
create a database in electronic or structured manual form by systematically downloading and storing all or any of the Service;
rent, lease, sell, sublicense, or lend your access to the Service;
cache or permit caching by any person;
do any act that violates our intellectual property in the Service;
engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any user;
use the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity; or
run or activate any program, application, applet or other process that affects the operation of the Site / Service, or that infects the Site with viruses or spam or causes the disruption of the Service, including but not limited to "denial of service attacks."

Intellectual Property

We grant you the right to use the Service in accordance with these terms and conditions, and for no other purpose. Please note that the elements of the Site including all parts of the Service ("Intellectual Property") is owned by us and/or our suppliers and is protected by copyright and trademark laws, international treaty provisions, and this Terms of Use.

Any reproduction, reverse engineering, decompiling, disassembling, modification, copying, distribution, transmission, display, publishing, sublicensing, creation of derivative works from, transferring or redistribution of the Service is expressly prohibited by law, and may result in severe civil and criminal penalties. We shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to us, to protect our interests therein. Violators will be prosecuted to the maximum extent possible.

The Service is licensed to you, not sold. We own the Service, its application and the Intellectual Property connected with the Service.

Use of Bulletin Board, Chat Room, and Other Communications Fora

If the Site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Fora"), you agree to use the Fora only to send and receive messages and material that are proper and related to the particular Forum. Improper use of the Forum shall include, without limitation, the following:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Fora are public and not private communications. Further, you acknowledge that the Service does not endorse chats, postings, conferences, and other communications by other users, and such communications shall not be considered reviewed, screened, or approved by the Bank or its affiliates. The Bank reserves the right for any reason to remove without notice any contents of the Fora received from users, including without limitation bulletin board postings. The Bank shall not in any way be liable for any information whatsoever in the discussion board. You will indemnify us for any liability we incur as a consequence of you using the discussion board on the Site.

Access Restriction

We reserve the right to deny to you, at our sole discretion, access to the Service including or any portion thereof without any prior notice. We shall refund the fees, if any, paid by you for availing of the Service on a pro-rata basis after deducting our costs and expenses incurred by us for providing the Service.

Disclaimer of warranties:

You agree that use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
Except as warranted in this Terms of Use, we expressly disclaim all warranties of any kind, whether express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, data accuracy & completeness, and any warranties relating to non-infringement of any Intellectual Property in the Service.

We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc in the Site or any part thereof.

We shall not incur any liability direct or indirect, to you or any third party, as a consequence of non-functioning of any equipment belonging to you, any third party or us. We shall not be responsible for any downtime of such equipment. We make no warranty that the Service will meet your requirements. The Service is for your general information and is not intended to address your specific requirements. The Service does not render any form of advice and is not intended to be relied on by you in making any investments or decisions.

We do not warrant that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of the Service. We make no warranty regarding the Service obtained or purchased through or from the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from, or through the Service or any person shall create any warranty not expressly stated herein.

We shall not be liable for any action taken by you based on or relying on the information provided in or by the Service. We will not be liable for any virus that may enter your system as a result of your use of the Service. We make no guarantees to you or third parties that the Service would be virus free. We will not be liable for any direct, incidental or consequential loss, which may be caused to you as a result of your use of the Service.

Limitation of liability

You agree that we, our employees, directors etc., shall not be liable for any direct, indirect, incidental, special or consequential damages, (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss) resulting from

the use/delivery/performance or the inability to use/deliver/perform the Service or
cost of procurement of substitute goods and repair & correction services or resulting from the Service subscribed to or obtained; or
messages received or transactions entered into through or from the Service or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.

You agree that we shall not be liable for any damages arising from interruption, suspension or termination of Service, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

In no event will our liability for any claim, whether in contract, tort, or any other theory of liability, exceed the greater of the amount actually paid by you for subscribing to the Service, if applicable.

You also agree that your sole remedy under this Terms of Use is cancellation of the Service.

Indemnification

You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site, the Service, or the violation of any intellectual property or other right of any person or entity by you.

Links to third party Web sites

This Site may contain links to Web sites operated by parties other than us. We do not control such Web sites and are not responsible for their contents or any link contained in a linked Web site, or any changes or updates to such Web sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of such Web sites or any claim by us of ownership of any property in he content on such Web sites. Your use of such Web site is also subject to the terms of use and other terms and guidelines, if any, contained within each such Web site. You are advised to peruse the terms of usage of such other Web sites prior to your access to or usage of any content on such other Web sites.

The Site may contain advertising and sponsorship. We will not be responsible for an error or inaccuracy in the advertising or promotional material.

Privacy

The use of the Service is subject to our Privacy Policy. For more information, please see our full Privacy Policy by clicking here .

Termination

If you violate any term or we have grounds to believe that you have violated any term of this Terms of Use, we may terminate this Terms of Use without waiving any other rights. If this Terms of Use is terminated, you will be denied access to the Service or any part thereof without notice. We shall not refund the subscription fee or any part thereof, if the access is denied or this Terms of Use is terminated for any of the reasons mentioned above.

Governing Law and Jurisdiction

This Terms of Use is governed by the laws of the Republic of India. You consent to the exclusive jurisdiction and venue of courts / tribunals in Mumbai, India in all disputes arising out of or relating to the use of the Site or the Service. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms of Use, including without limitation, this paragraph. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use.

Use of Information and Materials

The Service may be restricted in certain jurisdictions. No person subject to such jurisdiction may use the Service, or treat any material or information provided on the Site as constituting an invitation to them to subscribe to the Service. It is the responsibility of any person to inform themselves of and to observe all applicable laws and regulations of any relevant jurisdiction before they subscribe to the Service.

The information contained in these pages is not intended to provide professional advice and should not be relied upon in that regard. Persons accessing these pages are advised to obtain appropriate professional advice, if necessary.

General

We reserve the right to change, without notice, the terms and conditions under which the Service is offered. You are responsible for regularly reviewing the Terms of Use, and discontinuing the use of the Site if any of such changed terms and conditions are not found acceptable to you.

You agree that no employment or agency relationship exists between us as a result of this Terms of Use or use of the Site.

If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

This Terms of Use constitutes the entire agreement between us with respect to the Site and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us with respect to the Site and the Service.