IBEN (“IBEN”, “our” or “we”) operates IBENETWORK.ORG (“Site”) and is making it available to you subject to these evolving Terms of Service (“TOS”). The TOS govern your access to and the use of IBEN’s services available via the Site. The Site includes IBEN’s related websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via the Site or that link to these TOS (collectively referred to as, the “Services”), and any information, text, links, graphics, photos, audios, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Site and Services you agree to be bound by these TOS. Since these TOS are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change.
In the event of inconsistency or any conflict between this English language version of the TOS and any subsequent translation into any other language, this English language version shall govern and control.
1.Who May Use the Services
If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these TOS then you can use the Site and Services. However, in any case if your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, then you are not allowed to use the Site and Services. For those who are accepting these TOS and using the Site and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these TOS.
3.Content on the Services.
You are responsible for your use of the Site and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Don’t click the submit/send button, unless you are prepared to be held accountable for your Content.
Like with any content published via the Internet, you must consider the source of the Content or materials before using or relying upon it. Your use of the Content and IBEN Site are at your own risk.
Users of the Services will operate in a lawful, ethical and professional manner. Users shall conduct themselves in a fair, responsible and business-like manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our Site, blogs or any IBEN site. IBEN does not control Content posted and does not guarantee the accuracy, truthfulness, integrity, reliability or quality of the content. You understand that by using the Site or the Services you may be exposed to Content that might be offensive, harmful, inaccurate, indecent or otherwise inappropriate. Under no circumstances will IBEN be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Site or the Services.
Your use of software made available via a IBEN Site is subject to any applicable license agreement or user agreement or the documentation that accompanies or is included with the software (“License Terms”). In the event that software that is provided on or through a IBEN Site and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed.
IBEN has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates the TOS or is otherwise objectionable.
You bear all risks associated with the use of any Content on the Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge that IBEN may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this TOS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of IBEN, its users and the public.
The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by IBEN and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.
A. Dues and Fees
When you order a service you have an opportunity to review and accept the fees that will be charged. Prices, availability, and other purchase terms are subject to change. IBEN reserves the right without prior notice to discontinue or change specifications and prices on services offered on and outside of the IBEN Site without incurring any obligation to you. All fees may be subject to taxes.
You are responsible for providing true, accurate, current, and complete information when ordering services through the IBEN Site or otherwise. If you use the IBEN Site or other means to purchase a service, payment must be received prior to acceptance of an order. IBEN may need to verify information you provide before IBEN accepts your order, and may cancel or limit your order any time after it has been placed. Subject to applicable membership policies, if payment has already been made and your order is cancelled or limited, IBEN will refund any payment you made for the service that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.
B. Online Payment and Credit Card Payment Terms & Conditions
accessing or using IBEN’s online payment service, you agree to be bound by all
applicable terms & conditions. IBEN may modify the terms and conditions at
any time, with or without notice.
IBEN online payment service is provided to you to facilitate payment of dues and other products and services. You will receive a confirmation once payment has been received. IBEN utilizes a third party service to process payments.
IBEN will not
be liable for any deficiencies in the accuracy, completeness, availability,
privacy, security or timeliness of payment information sent via this online
payment service. IBEN will not be liable for any damages of any kind arising
from the use of this online payment site, including, but not limited to,
direct, indirect, incidental, consequential, exemplary, and punitive damages. IBEN
will not be liable for any breach of your personal or credit card information
resulting from the interception of such information during its transmission to IBEN.
You expressly agree that the use of this service is at your sole risk. You
agree that it will not intentionally provide false information when accessing
or using IBEN’s online payment service.
IBEN is committed to your privacy and will not distribute information sent via this service to third parties. IBEN’s finance and membership departments alone have access to data collected and will not store any personally identifiable information, including credit card information.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the service you have purchased, you agree that we may, at our option, suspend or terminate delivery of service and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Purchases of other products and services through the Site may be subject to other terms and conditions that are presented to you at the time of purchase.
C. No Automated Querying
You may not send automated queries of any sort to the Site or its systems without express written permission in advance from IBEN.
D. Intellectual Property
All content included on the IBEN Site and in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of IBEN or its content suppliers and is protected by international copyright laws. All software used on the Site is the property of IBEN or its software suppliers and is protected by international copyright laws. All of the trademarks, service marks, logos, brand and trade names appearing on the Site are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. IBEN retains full ownership rights with respect to the Site and the Services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Site or the Services.
E. Indemnity and Defence
You will defend, indemnify and hold harmless IBEN and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this TOS; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.
F. Limitation of Liability
Notwithstanding any other provision of this agreement, any liability to you involving IBEN, and their officers, employees, agents and representatives for any cause whatsoever arising out of this agreement and/or membership participation in IBEN, and regardless of the form of the action, will at all times be limited to the amount of the annual membership fee paid by you for membership in IBEN. Except in Jurisdictions where such provisions are restricted, in no event will there be any liability to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages. No actions hereunder may be recommended unless brought within one year of accrual.
G. Disclaimer of Warranties
The IBEN Site and the Services are provided on an “as is” and “as available” basis. IBEN makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law IBEN disclaims any and all such warranties including without limitation:
Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
That the information, content and materials included on the Site will be as represented;
Any implied warranty arising from course of dealing or usage of trade; and
Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of IBEN.
H. Third Party Websites
The IBEN Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.
I. Electronic Delivery of Notices
By using the IBEN Site or the Services you consent to electronically receive from IBEN any communications including notices, agreements, legally required disclosures or other information in connection with the Services. IBEN may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services. Any notice to IBEN is to be sent by email to email@example.com.
J. No Resale Right
You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site, or use of or access to this Site provided through this Site, beyond the limited rights granted to you in these TOS.
K. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any provision or part-provision of these TOS is or becomes in valid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the TOS.
L. Logos and Names
You grant IBEN the right to use your organization’s name and logo on IBEN website and on related marketing materials, solely to indicate your member in IBEN. As long as you remain a member in good standing, you may use IBEN’s name and logo, in the format and with the notices provided or requested by IBEN solely to indicate your membership in IBEN.