- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PROHIBITED ACTIVITIES
- HUB MANAGEMENT
- TERMS AND TERMINATION
- MODIFICATION AND INTERUPPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- LIMITATIONS OF LIABILITY
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CONTACT US
1. AGREEMENT TO TERMS
The Hub is intended to be a virtual marketplace to make it easier for MSME that needs financing to connect with Financier for the purpose of exploring further the possibility of financing the MSME’s project. The Hub also contains references that might be useful for MSME and financier. The Hub prioritizes showcasing MSME’s project that shows a strong sustainability component.
The information provided on the Hub is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Hub from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Hub is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Hub.
2. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Hub, you are granted a limited license to access and use the Hub and to download or print a copy of any portion of the Content and the Marks.
3. USER REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Hub (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Hub. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Hub for any purpose other than that for which we make the Hub available. The Hub may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Hub, you agree not to:
- Systematically retrieve data or other content from the Hub to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Hub.
- Use any information obtained from the Hub in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Hub in a manner inconsistent with any applicable laws or regulations.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Hub to you.
- Attempt to bypass any measures of the Hub designed to prevent or restrict access to the Hub, or any portion of the Hub.
- Make any unauthorized use of the Hub, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Hub as part of any effort to compete with us or otherwise use the Hub and/or the Content for any revenue-generating endeavor or commercial enterprise.
You acknowledge and agree that any information and/or documents provided and uploaded by the MSME to us ("Submissions”) shall only be used and shared with the Financier for the purpose of financing facilities assessment (e.g., loan appraisal). We shall not disclose and/or share the information and/or documents collected to the Financier or any third party without the MSME’s prior consent.
7. HUB MANAGEMENT
9. TERMS AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10 . MODIFICATION AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Hub at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Hub. We also reserve the right to modify or discontinue all or part of the Hub without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Hub.
11. GOVERNING LAW
These Terms shall be governed by and defined following the laws of Indonesia. Center for International Forestry Research and yourself irrevocably consent that the courts of Indonesia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
12. DISPUTE RESOLUTION
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved according to the UNCITRAL Arbitration Rules, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Bogor, Indonesia. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Indonesia.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Hub that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Hub at any time, without prior notice.
THE HUB IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. BY SHOWCASING THE MSME’S PROJECT IN THE HUB, WE DO NOT GUARANTEE THAT THE MSME WOULD RECEIVE FINANCING FROM THE FINANCIER. THE FINANCIER SHALL CONDUCT ITS OWN DUE DILIGENCE OR LOAN ASSESSMENT BEFORE GRANTING ANY FINANCING FACILITIES TO THE MSME’S PROJECT. YOU AGREE THAT YOUR USE OF THE HUB AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE HUB AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE HUB'S CONTENT SPECIFICALLY FOR THE ACCURACY AND TRUTHFULNESS OF ANY INFORMATION AND/OR DOCUMENTS PROVIDED BY THE MSME FOR THE HUB. AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE HUB, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HUB, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HUB.
15. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE HUB, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. USER DATA
We will maintain certain data that you transmit to the Hub for the purpose of managing the performance of the Hub, as well as data relating to your use of the Hub. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Hub. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Hub, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Hub, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE HUB. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
20. CONTACT US
In order to resolve a complaint regarding the Hub or to receive further information regarding use of the Hub, please contact us at:
Center for International Forestry Research
Jalan CIFOR, Situ Gede,
Bogor, West Java 16115 Indonesia
Phone: +62 251 8622622
Fax: +62 251 8622622