Last Updated 2 September 2003
The Information We Collect
As you utilise the DFB web site (the "Site"), we will request that you submit certain information to us so that we can serve you better. Specifically, our site's registration form requires users to give us contact information, financial and demographic information. Please be aware, however, that you are under no obligation to provide requested information and you can decline to provide any requested information at any time. If you would rather provide this information over the phone or face to face we would be happy to arrange this.
Third Party Links
The Site has limited security measures in place to protect the loss, misuse and alteration of the information under our control. While we seek to protect your personal information, we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact:firstname.lastname@example.org
Last Updated 4 th July 2006
Development Finance Bank ("Development Finance Bank, or DFB" or "we" or "us") provides the services available at this site (the "Site") to you, subject to the following terms and conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the terms and conditions at any time at www.developmentfinancebank.co.uk. In addition, when using a particular service in this Site, guidelines or rules may be posted which are applicable to such service. You and the Development Finance Bank shall be subject to any such guidelines or rules that may be posted from time to time on the Site, and all such guidelines or rules are hereby incorporated by reference into this agreement. By using this Site, you are agreeing to be bound by all of the terms and conditions of the most current version of the user agreement and any guidelines and rules posted on this Site. If you do not agree to be bound by this agreement, do not use this Site. If the user is not an individual, then "you" shall mean your company, its officers, members, agents, successors and assigns.
- Overview This Site was created for the purpose of providing developers with information about the services the DFB provide to our clients.
- Eligibility This Site is intended for use by persons and entities who can form legally binding contracts under English law. You represent and warrant that you will not make offers for services for sale or request quotations through the Site unless you have the legal capacity, bona fide intention and ability to deliver or accept and pay for such services on the terms stated.
- Payment of Fees to Development Finance Bank Buyers do not pay any fees for using the Site. On completion of a transaction, fees will be payable by the Vendor to Development Finance Bank in accordance with the terms of the broker authority fee document provided to you by the Development Finance Bank. When it has been agreed in writing between DFB and you we will charge a fee based on the service provided.
- Compliance with Laws You shall comply with all applicable laws and regulations of the United Kingdom and European Union and other foreign authorities relating to the purchase of services on the Site or otherwise relating to your use of this Site.
- Conduct You agree (i) not to use this Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software; (ii) not to interfere or disrupt this Site or any networks connected to this Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site or any transactions being offered at this Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on DFB infrastructure; (v) not to use this Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Site; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and (vii) not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on this Site. You agree not to use the services available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.
- Intellectual Property All information and material including data, images, text and audio on the Site is the property of DFB and/or its licensors and is subject to copyright. All trade marks on the Site are the property of Development Finance Bank and/or its licensors. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.
- Links This Site may provide links to other Internet sites. DFB is not responsible for the availability of such other Sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. You further acknowledge and agree that Development Finance Bank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
- No Warranties This Site, all services obtained through this Site and all information contained on this Site is provided on an "as is" basis from Development Finance Bank. DFB make no representations or warranties of any kind, express or implied, relating to this agreement, the performance under this agreement, the availability of this Site, the services available on this Site, the operation of the software available on this Site, the quotes delivered from Vendors to Buyers on the Site, the transactions performed on this Site or as a result of quotes or other information obtained from this Site, or the information and/or content on this Site. To the extent permissible by applicable law, Development Finance Bank disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and/or non-infringement. Without limiting the foregoing, the DFB does not make any warranty that (i) the services offered on this Site will meet your requirements, (ii) the services offered on this Site will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the content or information available on this Site is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from the Development Finance Bank or through this Site shall create any warranty not expressly made herein.
- Limited Liability DFB and its shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred. This exclusion includes, without limitation, any liability that may arise out of third-party claims against you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services provided on this Site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the case of Vendors, you further agree if you become entitled to any recovery, that your recovery shall be limited to the amount of fees or payments you made to DFB within the six-month period prior to the event or action giving rise to such loss. Nothing in this agreement excludes a party's liability for death or personal injury caused by negligence.
- Indemnity You shall indemnify, defend, and hold harmless DFB and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from (i) your use of the software available at this Site, (ii) your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase or sell the subject services, (iii) your use of the content available on this Site in any way contrary to this agreement (iv) your breach of any of your representations, warranties or obligations set forth in this agreement, (v) the sale or purchase, or purported sale or purchase, of services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), (vi) any taxes attributable to the services or due on the purchase or sale of the services, (vii) any dispute between you and a Vendor or Buyer arising out of a transaction initiated on the Site, (viii) alleged errors or omissions or misrepresentations in the information provided by you to Development Finance Bank hereunder or in the listings of services on the Site. You agree not to settle any action, claim or demand on our behalf without our prior written consent. The Development Finance Bank shall have the right to conduct any litigation, with counsel of its choice, at your expense.
- Monitoring You acknowledge that the DFB or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this Site. The Development Finance Bank, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which DFB in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorised purposes. Use of this Site, authorised or unauthorised, constitutes consent to such monitoring.
- General This Site is created and controlled by DFB in the United Kingdom and the laws of England and Wales govern this agreement and you and DFB agree to submit to the exclusive jurisdiction of the courts of England and Wales. Any waiver of any right or provision of this agreement will be effective only if signed by Development Finance Bank and the failure of DFB to exercise or enforce any term or condition shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement shall remain in full force and effect. Development Finance Bank reserves the right to make changes to this Site and this agreement at any time. DFB reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, DFB may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards or if Development Finance Bank receives complaints from users of the Site regarding listed services. The rights and limitations in this agreement are for the benefit of DFB and a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. You are not permitted to assign any of your rights under this agreement without the prior written consent of Development Finance Bank. You may not issue press release or make any public statement regarding your use or participation in the Site without the prior written permission of the Development Finance Bank. You and DFB are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Development Finance Bank is intended or created by this agreement.