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1. ACCEPTANCE OF TERMS
The Trusted Business Program provides you with online services,
the "Service", on the following terms. By using
the Service in any way you are agreeing to comply with
these terms of service "TOS", which may be updated
by us without notice from time to time. We encourage you
to review the most current version of the TOS at any time
at . Henceforth we will refer to the Trusted Business Program website as "Site",
and domains, affiliated domains and sub-domains operated
by the Trusted Business Program as "Trusted Business Program", "we", or "us".
You may have registered an Trusted Business Program profile
through a third party. In these terms of Service, the
term "Agent" means such a third party.
2. SITE USE
Individuals seeking information about
the Trusted Business Program may use the Site only for lawful purposes or to
register to the services offered on the Site. The site
should not be used to the following purposes:
a) Interact with the Site by any means
other than through the interfaces that is provided by
Trusted Business Program for use in accessing the Site;
b) Try to decode, separate or reverse
engineer of any of the software comprising or making up
any part of the Site;
c) Operate any software, code or device
that would hinder with the proper working of the Site
or any activity taking place on the Site;
d) Operate any software, code or device
other than that provided on the Site that would retrieve
and/or collect lists of registrants, or any other information;
e) Endeavor to search, investigate or
test the susceptibility of a system to violate security
without proper authorization;
f) Obtain, gather or store personal data
about users of the Site or registrants without their consent;
g) Accessing data not meant for you or
log on into a server or account which you not authorized
to access;
h) Disclose or share your password with,
any third parties or use your password for any unauthorized
purpose;
i) "Frame" Site content in another
web page not authorized by the Trusted Business Program;
j) Entail any operation which requires
an excessive or unwarrantedly significant load on the
Site's infrastructure;
k) Use or endeavor to use any software,
engine, code, or other tool including browsers, "robots",
"spiders" or intelligent agents to search the
Site other than the search engines available from the
Trusted Business Program Site;
l) Manipulate, reproduce, replicate, duplicate,
copy, sell, resell or utilize for any commercial or noncommercial
purposes, any part of the Site, make use of the Site,
or access to the Site without the consent of the Trusted Business Program.
m) Impede or try to impede the Service
to any user or network;
n) Intentionally or unintentionally violate
any applicable local, state, national or international
law; You accept that breach of the Site's security may
result in civil or criminal liability, and that the Trusted Business Program
will look into any possible breach of the Sites' security
and may include, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such breaches.
3. OUR OBLIGATIONS
i. We will process your application for
an Trusted Business Program profile. The Trusted Business Program may refuse to accept the proposed
registration for any reason or no reason.
ii. The fees are due at the time the Trusted Business Program accepts your
registration and refunds will be given at the discretion
of the Trusted Business Program. In the event that the Trusted Business Program does not receive
fully payment of all fees owed by you at the outset of
your registration, the Trusted Business Program may cancel your registration
without prior notice.
iii. If your application is accepted,
we will inform you or your Agent. If your application
is rejected, we will inform you or your Agent as soon
as reasonably practicable.
iv. Until we accept your application,
there is no guarantee that the profile you applied for
will be entered in the Trusted Business Program as such. We therefore recommend
that you do not take any action in respect of your Trusted Business Program
profile until you have received confirmation from us that
your application has been accepted.
v. After your application has been accepted,
we will enter the registration details and other relevant
details in the Trusted Business Program.
vi. Please note that we will not refund
any fees after your profile has been created and details
have been entered in the Trusted Business Program.
vii. We will only make changes to the
details contained on the Register if we receive instructions
and approval from you or your Agent.
viii. Registration and creation of an
Trusted Business Program Profile incurs a fee of $115 per year, and is charged
irrespective of acceptance by the registry.
4. YOUR OBLIGATIONS
i. You must ensure that we receive the
registration or renewal fee with the request of your Trusted Business Program
profile.
ii. You must inform us promptly of any
change in your registered details, and those of your Agent
if applicable. It will be your responsibility to maintain
and update any details you submit to us and to ensure
that your details are up to date, and accurate. In particular,
it is your responsibility directly or by your Agent to
ensure that we have your full and correct postal address.
iii. You must promptly inform us of any
court proceedings brought in respect of the Trusted Business Program.
iv. You are not registering and will not use the Trusted Business Program for
an unlawful purpose or in violation of any applicable
laws or government regulations;
v. You have the requisite power and authority
to execute this Agreement and perform the obligations
hereunder.
5. RENEWAL OF YOUR REGISTRATION
The registration period is on a yearly
basis from the date of entry into the Trusted Business Program of your profile.
i. When the Trusted Business Program registration falls due
for renewal, we will contact you or your Agent to request
payment of the relevant renewal fee.
ii. If attempts to bill you fail (e.g.,
if the credit card on file for your account has expired
or if your contact details have changed), you are not
guaranteed renewal.
iii. If we fail to receive the renewal
fee within Fourteen (14) days of our making a request
for the renewal fee, we will suspend your registration
for at least 1 week and if we do not receive payment within
the suspension period we will cancel your registration
without further notice to you.
6. MODIFICATIONS OF YOUR Trusted Business Program PROFILE
You are responsible for insuring the data
contained within your Trusted Business Program profile is correct, failure
to do so may invalidate your record.
7. PERSONAL DATA
The Register is a public register for
the purposes of data protection legislation. The Register
will include your name and address, telephone and facsimile
number and e-mail address with any other relevant details.
This information, if it refers to individuals, is 'personal
data' for the purposes of data protection legislation.
You can view our Privacy Policy for further information.
Personal data submitted by you will be:
a) Posted onto the Register;
b) Available via Trusted Business Program interfaces to third
party procurement departments.
c) Subject to our Privacy Policy;
d) We may provide your personal data to
governmental or law enforcement agencies at their written
request in connection with the conducting of any investigation
of criminal activities; and
8. NO ADDITIONAL RIGHTS CONFERRED UPON
EITHER PARTY
We may use your applicable personal name,
company, business, firm, trade, logo, and/or brand names
in connection with the provision of the Trusted Business Program and your registration
of an Trusted Business Program Profile.
However, your registration of an Trusted Business Program and
your use of the Trusted Business Program Service do not grant us any right,
title or interest in your personal name, company, business,
firm, trade, logo, or brand names, and all goodwill arising
from our use of those names will inure solely to your
benefit. Your registration of an Trusted Business Program profile and your
use of the Trusted Business Program Service confer upon you no intellectual
property, business or competition rights.
9. MEMBER ACCOUNT, PASSWORD AND SECURITY
I. Member Information
a) You will provide accurate and current
information on all registration forms on the Service.
b) You will not impersonate any person
or entity, misrepresent your affiliation with a person
or entity; or misrepresent the origin of any content distributed
through the Service.
II. Password and Security You will receive
a password and account designation upon completing the
Service's registration process. You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur
under your password or account. You agree to
a) Immediately notify the Trusted Business Program 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. The Trusted Business Program can and will not be
liable for any loss or damage arising from your failure
to comply.
10. USAGE STATISTICS
You understand and agree that we have
the right to compile usage statistics and other general
data regarding use of Trusted Business Program profiles, and to sell and provide
any and all such aggregated, non-personally identifiable
data to third parties.
11. AGENTS
You agree that if an agent acts for you, such
as an Internet Service Provider or administrative contact
or agent completes the registration process on your behalf,
you are nonetheless bound as a principal by all terms
and conditions in this Agreement. You also agree that
all of the information provided in the registration process are yours
and not that of your agent.
12. LINKS TO THIRD PARTY SITES
We or third-party providers of content
may provide links to other Websites or resources. We do
not control these sites and resources, do not endorse
them, and are not responsible or liable for their availability,
content, delivery of services or any damage caused.
13. INDEMNITY
You will indemnify the Trusted Business Program, and its parent,
subsidiaries, affiliates, officers, agents, and employees
against any claim or demand, including reasonable attorneys'
fees, related to use of or your conduct on the Service
or your breach of this TOS, or your breach of any rights
of another.
14. OUR RIGHT TO STOP SERVICE
At any time during your Trusted Business Program registration
term we may decide to discontinue providing you with the
Trusted Business Program service, we shall not be liable for any registration
fees or terms outstanding in such an event.
15. DISCLAIMER OF WARRANTIES
WHILE WE USE REASONABLE EFFORTS TO INCLUDE
ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a)
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THE Trusted Business Program EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
THE Trusted Business Program MAKES NO WARRANTY THAT
i. THE SITE WILL MEET YOUR REQUIREMENTS,
ii. THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE,
iii. THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE,
iv. THE QUALITY OF ANY PRODUCTS OR SERVICES
PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS, AND
v. ANY ERRORS IN ANY SOFTWARE USED ON
THE SITE WILL BE CORRECTED.
vi. WE MAKE NO REPRESENTATIONS AS TO THE
ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS
OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS
AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY
UPON THEM.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS ROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM THE Trusted Business Program OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) THAT THE DETAILS AND INFORMATION SUBMITTED
BY YOU TO US ARE TRUE AND CORRECT, AND THAT ANY FUTURE
ADDITIONS OR ALTERATIONS TO YOUR DETAILS AND INFORMATION
WILL BE TRUE AND CORRECT, AND THAT YOU WILL SUBMIT THEM
IN A TIMELY MANNER.
f)
THAT BY REGISTERING OR USING THE Trusted Business Program IN WHATEVER MANNER)
YOU WILL NOT KNOWINGLY CONTRAVENE THE INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY, THAT YOU ARE ENTITLED TO REGISTER
THE Trusted Business Program PROFILE, AND THAT YOU HAVE NOT REGISTERED THE
Trusted Business Program PROFILE IN BREACH OF TRUST.
16. LIMITATION ON LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE Trusted Business Program , ITS EMPLOYEES,
DISTRIBUTORS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF THE Trusted Business Program HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM:
a) THE USE OR THE INABILITY TO USE THE
SERVICE;
b) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
c) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA;
d) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR
e) ANY OTHER MATTER RELATING TO THE SERVICE.
17. INTELLECTUAL PROPERTY
You may fairly utilise our trademarks
in advertising and promotional materials, and in referring
to our services, for example, in a newspaper article,
without our permission, provided you follow customary
trademark usage practices and provide proper acknowledgment.
Other uses require our written consent.
You may never use our trademarks in the following ways:
a) In a non-Trusted Business Program service name or publication
title.
b) In, as, or as part of your own trademarks.
c) To identify products or services that
are not provided by the Trusted Business Program.
d) To cause confusion.
e) To suggest inaccurately that we sponsor,
endorse, or are otherwise connected with your activities,
products, or services.
f) To disparage the Trusted Business Program.
g) In any other manner that the Trusted Business Program or
its users find offensive.
18. COPYRIGHT INFORMATION
We own intellectual property rights to
the content on the Service and its design, structure,
and compilation. It is very easy to copy things in cyberspace,
but that doesn't make it acceptable or legal. You shall
not copy or download any Content from the Trusted Business Program unless we
have expressly authorized you to do so.
You shall not copy, transmit, modify,
distribute, show in public or in private, modify or create
any derivative works from the content you find on the
Site, unless we expressly authorizes you to do so. Making
unauthorized copies of any content found on the Site can
lead to the termination of your Trusted Business Program account and/or civil
or criminal action. Once you post or send any information
to us, you expressly grant the Trusted Business Program the complete and irrevocable
right to quote, re-post, use, reproduce, modify, distribute,
transmit, broadcast, and otherwise communicate, and publicly
display and perform the information in any form, anywhere.
The Trusted Business Program is committed to honoring the privacy of our members
and visitors, and our privacy policy covers personally
identifiable information shared.
19. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and the Trusted Business Program and govern your use of the Service,
superseding any prior agreements. Additional or different
terms and conditions may apply when you use affiliated
websites, third-party content, or third-party software.
Interpretations of the Agreement and determinations that
you have breached the Agreement will be made at our reasonable
discretion and based on facts known to us.
By their nature, forward-looking statements
require us to make assumptions and are subject to inherent
risks and uncertainties. There is significant risk that
predictions and other forward-looking statements will
not prove to be accurate. We caution visitors to this
website not to place undue reliance on our forward-looking
statements as a number of factors could cause actual future
results, conditions, actions or events to differ materially
from the targets, expectations, estimates or intentions
expressed in the forward-looking statements.
You agree to submit to the personal and
exclusive jurisdiction of the law courts located in England
for any claim or dispute with the Trusted Business Program or any of its subsidiaries,
affiliates, officers, agents, or employees.
Our failure to enforce any right under
this Agreement will not waive that right. If any provision
of this Agreement is invalid, the Agreement should be
interpreted to effect the intent of the parties, and the
remaining provisions will remain in effect.
You must file any claim or suit related
to the Service within one (1) year after it arises.
The section titles in this Agreement are
for convenience only and have no substantive effect.
This document may change without notice,
you are subject to the most recent version located at
http://www.trustedbusiness.org/terms.html
Terms compliant with Fair Terms of Service Certification
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