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USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE AND PRIVACY POLICY. This web site is owned and operated by ICFBA Holdings Ltd We can be reached directly via e-mail by
ICFBA Holdings Ltd reserves the right to amend these terms without notice TERMS OF SERVICE 1. Restrictions on Use - The Service is a computer online service providing ICFBA services. It is accessible to you through a personal computer, or other access device at http://www.icfba.biz (the "ICFBA Site") using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, links to other web sites and other computer services ICFBA may decide to offer, subject to the terms hereof. ICFBA may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to: 2. Membership Rules and Guidelines 2.2. Passwords - Should ICFBA provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify ICFBA of any unauthorised use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties. 2.3. General - ICFBA may choose to send you email newsletters on a variety of topics - for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by ICFBA , or presenting you with the opportunity to buy selected products and services. 2.4. Rules for Use of the Service 2.5. Monitoring - ICFBA has no obligation to monitor the use of the Service by members. You acknowledge and agree that ICFBA reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operations and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorised purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, ICFBA reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in ICFBA's sole and absolute discretion are objectionable or in violation of the Agreement. 2.6. Licence - By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Service you are granting ICFBA a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide licence to 2.7. Content of the Service - Communications posted through the Service are provided by users such as you who may or may not be affiliated with ICFBA, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not ICFBA, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving email messages from members through the Service, you should not assume that such messages have been reviewed by ICFBA, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will ICFBA be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, emailed, or otherwise transmitted via the Service. 2.8. Personal Safety - When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or email address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. 3. Submissions - ICFBA is pleased to hear from users and welcomes your comments regarding ICFBA's programs and services. ICFBA's company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by ICFBA's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of ICFBA, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorised to grant all rights in the Comments to ICFBA. Disclosure, submission, or offer of any Comments shall constitute an assignment to ICFBA of all worldwide rights, titles, and interest in all copyrights and other intellectual property rights in such Comments. ICFBA may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to ICFBA and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. ICFBA is and shall be under no obligation to: 4. Merchants - Your correspondence or business dealing with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. ICFBA will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service. 5. Disclaimer of Warranties - ICFBA HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER ICFBA, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ICFBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. ICFBA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ICFBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THER SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNERSS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. 6. Limitation of Liability - IN NO EVENT SHALL ICFBA, SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, ICFBA'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ICFBA OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICAITON-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ICFBA, OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. 7. Indemnification - You agree to defend, indemnify and hold harmless ICFBA, its affiliates and subsidiary companies and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from 8. Termination - ICFBA may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stores, sent, or received via the Service without prior notice and for any reason, including, but not limited to: 9. Trademarks - ICFBA and the ICFBA logo and other trademarks are the property of ICFBA Holdings Ltd, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of ICFBA or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above. 10. Minors - If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: 11. Modification - ICFBA reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you solely by posting on the Service. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. 12. Privacy Policy - For each visitor to our Web site, our Web server may automatically recognises information regarding the domain and or e-mail address. We may collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages are accessed or visited, user-specific information on what pages are accessed or visited, information volunteered by you, such as survey information and/or site registrations, name and address, telephone number, fax number. The information we collect is used for internal review and is then discarded, and may be used to improve the content of our Web page and with respect to cookies: We may use cookies to store visitors preferences, record user-specific information on what pages users access or visit. If you supply us with your postal address on-line you will only receive the information for which you provided us your address. If you supply us with your telephone numbers on-line will only receive telephone contact from us with information regarding the reason you provided your number. We do not share or provide information to other organisations. With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies. Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them. You may access this information by e-mailing us at the above address. You can have this information corrected by sending us e-mail at the above address. With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number. Legal requirements excepted, ICFBA will not pass your details to any third party unless expressly indicated, further it will only use any information gathered for the purpose shown on the relevant page. 13. Electronic Payments - For certain of our services credit card payments are accepted. On the payment pages, all sensitive data collected is used only for the purpose of completing the transaction. Transaction information is transmitted to our payment partner using 128 bit SSL encryption. ICFBA does not record, retain or have access to credit card details unless provided by you on a separate paper application form. Payments are accepted on the basis that you have completed and returned the relevant paper application forms, therefore refunds will not be available. Email or phone queries will be responded to within two working days. Your card will be debited upon acceptance by our service provider. Regardless of how processed, the ultimate beneficiary of all payments is ICFBA Holdings Ltd.. 14. Miscellaneous - This Agreement will be exclusively governed by and construed in accordance with the laws of England, without regard to choice of law provisions that would cause the application of the law of another jurisdiction. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are materials terms of this Agreement and that they have been taken into account in the decision by ICFBA to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of ICFBA. Any assignment of the foregoing other than as provided for in this section shall be null and void. If any provision of this Agreement shall be for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire Agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications; and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. Ver - 018-22/01/2007 - © ICFBA Holdings Ltd |