Terms and conditions

AGREEMENT TO TERMS
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PROHIBITED ACTIVITIES
SUBMISSIONS
HUB MANAGEMENT
PRIVACY POLICY
TERMS AND TERMINATION
MODIFICATION AND INTERUPPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
CONTACT US

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether on behalf of the MSME or the Financier ("you") and Center for International Forestry Research ("we", "us", or "our"), concerning your access to and use of the LandFinanceHub at https://landfinancehub.org (collectively, the "Hub"). We are based in Indonesia and have our principal office at Jalan CIFOR, Situ Gede, Bogor Barat, Jawa Barat 16115.

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.

You agree that by accessing the Hub, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE HUB AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Hub from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Hub so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Hub after the date such revised Terms of Use are posted.

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

Unless otherwise indicated, the Hub is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Hub (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Hub "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Hub and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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

By using the Hub, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Hub through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Hub for any illegal or unauthorized purpose; and (7) your use of the Hub will not violate any applicable law or regulation.

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.

6. SUBMISSIONS

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

We reserve the right, but not the obligation, to: (1) monitor the Hub for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Hub or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Hub in a manner designed to protect our rights and property and to facilitate the proper functioning of the Hub.

8. PRIVACY POLICY

We care about data privacy and security. By using the Hub, you agree to be bound by our Privacy Policy posted on the Hub, which is incorporated into these Terms of Use. Please be advised the Hub is hosted in Indonesia. If you access the Hub from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Indonesia, then through your continued use of the Hub, you are transferring your data to Indonesia, and you agree to have your data transferred to and processed in Indonesia.

9. TERMS AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Hub. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE HUB (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE HUB OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

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.

We cannot guarantee the Hub will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Hub, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Hub at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Hub during any downtime or discontinuance of the Hub. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Hub or to supply any corrections, updates, or releases in connection therewith.

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

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

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.

Restrictions

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.

13. CORRECTIONS

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.

14. DISCLAIMER

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.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Hub; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Hub with whom you connected via the Hub. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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.

19. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Hub or in respect to the Hub constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Hub. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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
supports@landfinancehub.org