Effective Date: October 7, 2019
The following terms of use (“TOU”) govern your use of the Bnkability trade and project finance readiness platform (“Service”) provided by Bnkability Ltd (hereafter referred to as “us’, “we” or the “Company”), a Company incorporated in the United Kingdom with the registered number 989445 who registered office is at Runway East Moorgate, 10 Finsbury Square, City Road, London EC2A 1AF. By accessing https://bnkability.com (“Site”), you irrevocably agree that such use is subject to these TOU. If you do not agree to these TOU, you must refrain from using the Site.
For purposes hereof, the Site includes all subdomains and components of the Bnkability Site.
1. Purpose of the Site
The purpose of the Site is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the Services offered by us, trade and project finance readiness and due diligence interacting with our platform, and any other services as may be offered by us from time to time).
2. Information available on this Site We make our best efforts to ensure that all general and business information available on the Site is comprehensive and error-free, and we periodically review the contents, information, and any other data of any kind included on the Site. However, you acknowledge and accept that all data available on the Site is provided for information purposes only, and that the Company does not warrant nor accept any liability for any errors existing in the information. We recommend you that you search from time to time for updates of, or amendments to, the contents of the Site.
3. Your use of the Site
You must use the Site complying with law and public order. In particular, you undertake to not use the Site to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site or the Services.
4. Indemnity
You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demands (including reasonable attorney’s fees) relating to, arising from, or allegedly arising from your use of the Site in breach of the law, or a breach of these ToU or any other contractual obligation you have assumed vis-à-vis the Company.
5. Limitation of liability
We make our best efforts to ensure that the Site is available and fully functional. However, to the maximum extent permitted under applicable law we do not warrant that the Site will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:
- Technical errors preventing a regular use of the Site and caused by force majeure circumstances, acts of God, or otherwise;
- Maintenance works impacting the availability and access of the Site;
- Damages based on the contents of the Site;
- Wrongful use of the Site, or use contrary to the law, these ToU, or any other agreement between you and the Company;
- Unauthorised third party access to the Site or the Services;
- Conflicts that arise between you and other users of the Site; or
- Contents uploaded by you to the Site.
6. Intellectual property
All works, trademarks (Company name and logo), software, or other contents and creations displayed on the Site or otherwise provided or made available by us through the Site are owned by the Company or we have been given the express consent of their owner. Unless expressly granted by their corresponding rights holders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or the Services under the terms and conditions described in these ToU. Therefore, except when authorised in accordance with this section or these ToU, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
7. Privacy and cookie policy
Your use of the Site may result in the collection and further processing of information, including information of personal nature. We will inform you whenever said collection and processing takes place, and the processing shall be governed and subject to our Privacy Policy and Cookie Policy.
8. Links to third parties’ webpages
We are not liable for websites and contents provided by third parties that are linked or embedded in the Site or the Services, either as advertisement banners or otherwise included in any of the Site’s contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offer through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked websites, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and websites, and that you are responsible for reviewing and accepting them.
9. Amendments to the Site
We may update, delete, amend or modify the Services, the Site, and the information provided through the Site from time to time. Likewise, we may delete access to the Services or the Site from time to time, by providing prior reasonable notice.
10. Governing Law
This TOU will be construed, interpreted, and applied in accordance with the laws of England and Wales. All disputes arising under the agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
11. Complaints and queries
Should you have any complaints or queries about the Site or this TOU, you should contact us by sending an email to hello@bnkability.com.
Communications with, to or from the Company shall be in the English language only.