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  SME TOOLKIT 

Effective as of May 31, 2011

International Finance Corporation ("IFC") offers software, business forms, training, text message notifications and updates, and more to help small businesses in emerging markets grow and succeed (the "SME Toolkit").  The services offered by IFC and its partners and affiliates in connection with the SME Toolkit include the SME Toolkit website (including all country-specific versions thereof) (collectively, the "Site"), the SME Toolkit CD-ROM provided by IFC or its partners or affiliates, and such other features, functions, content, services or applications as offered from time to time on or through the Site (collectively, the "Services").  Please explore the Site and the Services we offer, and when you're ready, we hope you will register as a member.  By registering, you provide us with the information we need to enable you to become an active participant on the Site and use the Services you register for.  You also have the option to provide additional information to help us customize services and features for your specific needs.

The following terms constitute an agreement between you, IFC and the operator of the Site (IFC and site operator, are collectively referred to herein as "we" or "us").  The terms of use, as they may be amended from time to time, ("Terms of Use") govern your use of the Site and the Services, both as a visitor and as a registered member.

BY USING THE SITE OR ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE SME TOOLKIT CD-ROM, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy.  Please note that we offer the Services "AS IS" and without warranties.

I.                    About the Site and Services


The Site contains a range of information and tools relating to small business development.  There are articles, tools, downloadable forms, images, and other content ("Content") we have written or commissioned from third parties; Content we have licensed from third parties; and user submitted content.  Content submitted by users and other third parties is not reviewed or verified by us and neither IFC nor the Site operators are responsible for the content or accuracy of such Content.  The Services include a text message application made available for purposes of allowing us or our partners to send to, and receive from, your mobile phone text message notifications, updates and other communications relating to the SME Toolkit (the “SMS Feature”).

II.                  Registration

In order to register, you will be required to provide some basic information to us about yourself, such as your email address.  During registration you will provide an e-mail address and create a password.  These are your credentials for accessing Services that are only available to registered members ("Credentials").  You will use your email address to log-in.  You will also select a nick-name - the name by which you'll be known to other members if you post or otherwise submit or provide information on the Site, including, without limitation, on bulletin boards.  You may not use a nick-name that is vulgar, attempts to impersonate another person, or violates the rights of others.  If you register to participate in the SMS Feature, you will be asked to provide your mobile telephone number.

III.                Your Personal Information

The Privacy Policy explains the information practices that apply to the personal information we have about you.  You consent to the transfer of this information to and within the United States or other countries for processing and storage by us.  Additionally, you agree that (a) we, and vendors acting on our behalf, may use your Credentials to authenticate you on any Service or the Site, and (b) our partners and affiliates may use your Credentials to authenticate you on their websites.

IV.                Your Responsibilities

You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials.  You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen.  You may notify us if your password has been compromised by using the contact information on the About Us page.  You may use the SME Toolkit, the Site and the Services for lawful purposes only.  You must comply with the Posting Guidelines set forth in Article XII below.  You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services.  You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.  We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

V.                  Limitation on Use of Automated Tools

You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.  You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site.

VI.                Changes to the Services

We may from time to time add new services, substitute a new service for an existing Service, or discontinue an existing Service.  Information about new Services will be included on the Site, and the use of new services will be governed by these Terms of Use as Services.

VII.              Changes to the Terms of Use

These Terms of Use govern your relationship with us and our licensors, partners, and affiliates.  Please note that we may change these Terms of Use at any time to reflect changes in the applicable laws, to address new Services or as we otherwise deem appropriate, by posting a revised version of the Terms of Use on the Site.  If you disagree with any changes to the Terms of Use, you may discontinue your use of the Services and the Site and cancel your registration.  Your ongoing use of the Services or of the Site after the changes are posted signifies your agreement to the new terms.  We encourage you to review the Terms of Use regularly.

VIII.            Links to Other Sites

The Site may include links to other websites, including, without limitation, those of our partners and affiliates.  Some of these sites may contain materials that are objectionable, unlawful, or inaccurate.  These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide.  You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites or for your use of such sites.

IX.                Additional Terms

Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use.  If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time.  By using those Services, you agree to comply with such additional guidelines and rules.

X.                  No Spam

You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM.  You may not allow others to use your account to violate the terms of this section.  We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.

XI.                Content You Post or Submit


The Site includes topic-oriented bulletin boards, where registered members can post messages, information, and images ("Postings"), that can be accessed and viewed by others, as well as business directory listings, user web pages, and user comments on content items.  You are solely responsible for your Postings.  When you submit Postings keep in mind that they are not confidential.  Please be thoughtful with your Postings, and avoid offending others or infringing their rights.  You may only post Postings to bulletin boards on the Site that you created or that you have permission to post.  You may not post Postings that violate these Terms of Use, and we reserve the right to block your ability to post and/or to access the Site and Services if you do.

You (or the author) continue to own the copyright in your Postings but, by submitting Postings to the Site, you grant us the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.

We have no obligation to prescreen Postings, and are not responsible for their content.  We encourage you to notify us of inappropriate or illegal content by using the contact information on the About Us page.  Keep in mind that the Postings of others are simply their opinions and you should not rely on them.

In addition to Postings, you may submit feedback to us.  We welcome your feedback regarding our Site and Services.  You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.

XII.              Posting Guidelines

These guidelines apply to all content you post to the Site, including text, links, photos and videos.  To help create a positive environment, follow the guidelines below.  Be sure to check periodically for updates to these guidelines as our community expands.

Do:

  • Remember you're in public - the information you post in bulletin boards can be seen by others.
  • Respect others' opinions - if necessary, agree to disagree.
  • Behave ethically.
  • Stay on topic - to change the subject, go to another topic area or create a new one.
  • Use good judgment - stay in good taste.
  • Focus on the facts.
  • Be fair and informative - include both the pluses and minuses.


Don't:

  • Harass, verbally attack or threaten others.
  • Pretend to be someone you are not or claim false credentials.
  • Post or link to content that is obscene or otherwise objectionable.
  • Use the community for any commercial or advertising purposes other than in connection with the Business Directory on the Site.
  • Post securities information or advice.
  • Post content that isn't yours - whether copyrighted or someone's personal material.
  • Believe everything you read - postings may be inaccurate.
  • Engage in, link to, or promote illegal activities or content.
  • Post personal information about someone else unless it's OK with them.
  • Get into revert and edit battles on Site pages.
  • Disclose the confidential information of others without their consent.


Content posted by users is not verified or fact-checked by us.  We do not edit user-provided content, but we retain the right to remove any content that we deem inappropriate.  Violations of these guidelines could lead to the suspension or deactivation of your account and all content associated with it.

XIII.            Your Use of Content

All of the Content (other than Postings) available on or through the Services and/or the Site is owned by us, our licensors, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information.  Subject to the terms of this Article XIII, you may print, download, and store articles and other information for your own convenience, but you may not (and you may not permit anyone else to) copy, distribute, modify, exploit, republish (except as permitted in this paragraph), sell, mine, frame, scrape, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any of the Content (unless this is expressly permitted or required by law) or download the SME Toolkit software.  Subject to the terms of this Article XIII, you may use the tools solely to process your business' data and review and print the results of such processing.  Your use of the Content may be subject to additional restrictions imposed by our licensors or contributors not set forth in these Terms of Use.  You shall include all appropriate attributions in connection with your use of Content pursuant to these Terms of Use.

XIV.           Linking to this Site.

You generally do not need to obtain permission from us to put a text link on your site that links back to the Site.  We request that you notify us of any links you create to our site and we reserve the right, however, to revoke permission to the link at any time in our sole discretion.  If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site.  You shall include all appropriate attributions in connection with all links to the Site and shall not use any link in a manner that is likely to create confusion as to the source of Content.

XV.             International Use

If you access the Site and Services from a location outside the U.S., you may be subject to additional requirements from your jurisdiction, including different requirements set forth in the policies posted on the country-specific version of the Site.  You are responsible for complying with the laws of all jurisdictions applicable to your use of the Site.

XVI.           Use of SME Toolkit CD-ROM

All use of the SME Toolkit CD-ROM is governed by these Terms of Use.  You may make copies of and distribute the SME Toolkit CD-ROM; however, you may not (and you may not permit anyone else to) modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the SME Toolkit or any part thereof, unless this is expressly permitted or required by law.  If you do make copies of or distribute the SME Toolkit CD-ROM, please write us at the address listed in Article XXVIII and let us know to whom and for what purpose you are copying and distributing the SME Toolkit CD-ROM.

XVII.         Use of SMS Text Message Feature

At registration, certain users will be given the opportunity to register to participate in the SMS Feature.  By so registering, such users will enable the ability to receive announcements, alerts, notices and other communications relating to the SME Toolkit delivered to their mobile telephone. 

The SMS Feature is provided free of charge by IFC and its partners, but standard message rates and data charges from your mobile service provider may apply to sending and/or receiving text messages and/or air time.  Check with your mobile service provider if you have questions about your plan and costs. To opt-out from the SMS Feature, you should: (i) first, log into the Site using your Credentials, (ii) second, from the “My Profile” page, uncheck the box that says "I would like to receive notifications by text message," and, (ii) third, save this change.

The SMS Feature is provided as a convenience only.  Announcements, alerts, notices and other communications distributed as part of the SMS Feature are distributed via third party mobile service providers and, therefore, we cannot control certain factors relating to message delivery and, depending on your mobile service provider, it may not be possible to transmit the communications to you successfully.  We do not guarantee the availability or performance of the SMS Feature and, without limiting the generality of Section XVIII below,  we disclaim all liability for transmission delays or faulty or corrupt messages. 

XVIII.  We Make No Warranties

THE SITE AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.  WE AND OUR LICENSORS, PARTNERS, AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.  YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS AND ACCURACY OF ALL INFORMATION MADE AVAILABLE ON THE SITE.  WE DO NOT, AND OUR LICENSORS, PARTNERS, AND AFFILIATES DO NOT, WARRANT THAT USE OF THE SITE OR SERVICES WILL BE ERROR FREE.  INFORMATION, DATA, ADVICE AND OPINIONS MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICES ARE INTENDED AS A REFERENCE AND FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT TO BE RELIED UPON.  YOU OUGHT TO CONSULT WITH YOUR ATTORNEY, ACCOUNTANT OR OTHER BUSINESS ADVISOR FOR ADVICE SPECIFIC TO YOUR BUSINESS.

XVIX.       General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR LICENSORS, PARTNERS, OR AFFILIATES IS THE CANCELLATION OF YOUR REGISTRATION.  IN NO EVENT SHALL WE OR OUR LICENSORS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND THE SERVICES.  THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR LICENSORS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL EXCEED $25,000.00.

XX.           Termination

We may terminate and/or suspend your use of the Services or the Site or registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by someone using your Credentials.  We may also cancel or suspend your registration, business directory listing, or SME Toolkit business web page, for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension.  Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law.  Upon termination or cancellation of your registration, you will return or destroy the SME Toolkit CD-ROM upon our request. You may terminate your registration at any time by using the contact us information on the About Us page.

XXI.             Indemnification

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, licensors and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services, including, without limitation your SME Toolkit business web page.  We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

XXII.           Electronic Contracting and Notices

Your affirmative act of using this Site or the SME Toolkit CD ROM and/or registering for the Site or Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.  You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices").  We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site.  The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.  You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.  You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Use" link on the Site.  All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

XXIII.         Licensors Rights

You acknowledge that the provisions of these Terms of Use are intended to inure to the benefit of our licensors.  If you breach any of these Terms of Use, the applicable licensor will be entitled to enforce these Terms of Use directly against you, whether in the licensor's name or our name.

XXIV.       Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Site, including, without limitation, the Privacy Policy, and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

XXV.       Choice of Law and Location for Resolving Disputes

These Terms of Use will be governed by and interpreted in accordance with the laws of the state of New York, U.S.A.  These Terms of Use, at our option, may be enforced against you in the state or federal courts of New York, the courts of the country in which you reside, or any other appropriate jurisdiction, or concurrently in more than one jurisdiction.  Subject to the foregoing option, any controversy or claim arising out of or relating to these Terms of Use or that contests the validity of these Terms of Use, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules from time to time in force.  The place of arbitration shall be New York, New York and the arbitration shall be conducted in English.  The parties hereby waive any rights under any applicable law to appeal any arbitration award or to seek determination of a preliminary point of law with respect to such proceedings.  Nothing in these Terms of Use and no submission by us to arbitration shall be construed as a waiver, renunciation or modification of any immunities, privileges or exemptions accorded to us under its Articles of Agreement, international convention or any applicable law.

XXVI.         Assignment

We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.  We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership.  You may not assign this contract to any one else.

XXVII.       No Agency

Nothing in these Terms of Use will be construed to make us and our licensors, partners, or affiliates, on the one hand, and you, on the other hand, an agent, employee, joint venturer, partner, franchisee-franchisor, or legal representative of the other.  No party will have or represent itself to have any authority to bind the other to any obligation.

XXVIII.     Export Restrictions

You acknowledge that the SME Toolkit and all other content management systems and training programs and curricula made available on the Site and all related technical information, documents and materials may be subject to export controls under the U.S. Export Administration Regulations and similar laws of other jurisdictions.  You shall (i) comply strictly with all legal requirements established under these controls, (ii) cooperate fully with us in any official or unofficial audit or inspection that relates to these controls, and (iii) not export, re-export, divert or transfer, directly or indirectly, any such item or direct product thereof to any  country or nation thereof that is embargoes by Executive Order, unless you have obtained our prior written authorization and the prior written authorization of the U.S. Commerce Department.  Upon notice, we may modify this section to conform to changes in the U.S. Export Administration Regulations.

XXVIX.   Procedures for Making Claims of Copyright Infringement

We respect the intellectual property of others, and we ask those posting to this Site to do the same.  Pursuant to §512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, if you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

1.   The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

2.   A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

3.   Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.

4.   Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

5.   Your name, address, telephone number, and email address so that we may contact you.

6.   A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

7.  A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

 
Our agent for notice of claims of copyright infringement on this Site can be reached as follows:

SME Toolkit Program Manager

SME Department

International Finance Corporation

2121 Pennsylvania Avenue

Washington, D.C. 20433

USA

If you believe that Content has been taken down improperly, you may provide counter-notification in writing to the designated agent that includes the information below.  To be effective, the counter-notification must be a written communication that includes the following:

1.  Your physical or electronic signature;

2.  Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3.  A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4.  Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which IFC may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

XXX.       No Endorsement

The views and opinions on the Site are not necessarily those of IFC, World Bank or any of IFC's licensors, partners, or affiliates.

XXXI.         Trademarks

All trademarks appearing on the Services are the property of their respective owners, including, without limitation, IFC.  No right, license or interest to such trademarks is granted by these Terms of Use.