1. DESCRIPTION OF SERVICES AND ACCEPTANCE OF TERMS AND CONDITIONS
The terms "eBRAM" and "we" as used herein refer to the eBRAM International Online Dispute Resolution Centre Limited.
eBRAM operates and administers the websites and online platforms through which business transactions may be concluded and disputes may be settled by negotiation, mediation, and arbitration. (“the Services”)
The terms "you" and "User" as used herein refer to all individuals and / or entities accessing the Services. The term "Contents" is used herein to refer to all or any of, as the case may be, the data, text, button icons, forms, links, HTML codes, trademark, software, music, sound, photographs, graphics, still pictures, series of moving pictures, (whether animated or not), videos, merchandise, products, advertisements, services or any compilation or combination of them and any other contents or materials that may be found on any Website or any web page thereon.
The eBRAM provides the Services to you, subject to the following Terms and Conditions of Use ("T&C"), which may be updated and revised by us from time to time by posting the revised version at the Websites. Some Services may be subject to additional terms and conditions governing their provision which additional terms will be made known to you upon you expressing your intent to use those services. Those additional terms and conditions are hereby incorporated by reference into the T&C.
You accept and agree to be bound by the T&C upon your using the Services or otherwise accessing the Websites or using any information found therein. If you do not accept the T&C, you may not and should not access the Websites or use the Services or information provided therein and thereon. If you have any questions about the T&C, or about accessing and using the Websites, please contact us at info@eBRAM.org
All Services together with any new functions or features that augment or enhance the Services currently offered shall, unless explicitly stated otherwise, be subject to the T&C. You understand and agree that the Services are provided "AS-IS" and that the eBRAM assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any functions of the Websites or the delivery of the Services. You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The eBRAM shall, accordingly, in no circumstances, be liable for any failure of any functions of the Websites or the delivery of the Services in whole or in part or for your inability to gain access in whole or in part to such functions or Services due to the delay or failure of any communication networks or any party providing such access.
By Using or accessing the Services and in consideration of such access and Use, you acknowledge that, given the nature of the Internet, we cannot guarantee that any transmission of personally identifiable information, other information, documents, or other communications under or in connection with the Services is completely secure.
3. PASSWORD AND SECURITY
In the event that you are a Claimant, a Respondent, or a representative of one or the other, or if you are a mediator or arbitrator involved with a dispute proceeding administered by eBRAM, eBRAM may issue a password to you. You are responsible for maintaining the confidentiality of the said password and shall be fully responsible for all activities that occur under those passwords. You agree to (a) immediately notify the eBRAM of any unauthorized use of your password or any other breach of security and (b) ensure that you exit from your password at the end of each visit to the Websites. The eBRAM shall not be liable for any loss or damage arising from your failure to comply with this Section 3.
You acknowledge that the passwords which are issued to you by the eBRAM are confidential and you shall take all necessary precautions to maintain the confidentiality of the said passwords. You agree that under no circumstances will you disclose such password to any other person(s), other than the eBRAM, without the prior written consent of the eBRAM. Any words, action or conduct whether intentional or unintentional, by you breaching that confidentiality shall render you liable to the eBRAM for all losses and damages thereby caused. You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorised by you or not) with the password issued to you by the eBRAM shall constitute and be deemed use of the Services by you. You shall notify the eBRAM immediately of any actual or possible unauthorised use of the password issued to you and shall confirm the same in writing without delay to the eBRAM. You shall be liable to the eBRAM for all losses and damages incurred by the eBRAM in respect of any Use of the Services whether authorised by you or not.
You acknowledge and agree that the only duty of the eBRAM is to verify the passwords issued to you by the eBRAM and the eBRAM shall not be liable in respect of:
- any loss or damage suffered by you or any other person as a result of any failure to effect or execute instructions through various electronic delivery channels or perform any obligation thereunder where such failure is attributable either directly or indirectly to any circumstances or events outside our control: or
- any other loss or damage whatsoever suffered by you or by any other person as a result of any instructions through various electronic delivery channels given with the correct password.
You agree to indemnify, defend and hold harmless eBRAM, its Offices, its affiliates, officers, agents, partners, staff and employees against any and all claims, proceedings, damages, injuries, liabilities arising from (i) your acts or inaction in breach of these T&C, and/or (ii) your use of the Service.
5. MODIFICATIONS TO SERVICES
eBRAM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that eBRAM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Websites contain links to other sites or pages on the Internet, which are not maintained or controlled by eBRAM and for which eBRAM is not responsible. When you activate any such links, you leave the Websites and access such sites or pages at your own risk and eBRAM shall not be responsible or liable for any content, information, materials, goods or services on or available from such sites or pages. You further acknowledge and agree that the eBRAM 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 the use of or reliance on any such content, information, materials, goods or services available on or through any such sites or pages.
7. GOVERNING LAW
These T&C shall be construed in accordance with, and this agreement is governed by the laws of the Hong Kong Special Administrative Region of the Peoples' Republic of China ("Hong Kong"), without regard to the conflict of legal provisions thereof.
If any one or more of these T&C, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining T&C shall not in any way be impaired.