Terms & Conditions

Terms & Conditions

ABN Global platform users

هذه الشروط والأحكام ("الشروط والأحكام") ، بما في ذلك سياسة الخصوصية والمستندات الأخرى المشار إليها في هذه الشروط والأحكام ("الاتفاقية") ، هي اتفاقية قانونية بينك (يشار إليها فيما بعد باسم "أنت" أو "الخاص بك" ) و ABN GLOBAL. ، مع احترام استخدامك للخدمات كما هو موضح هنا.

By agreeing to the terms and conditions and privacy policy when signing up for services provided by ABN Global and using the services provided you are agreeing to be bound by the terms of services, under which you, on your own behalf or on behalf of the entity, School or organization that you represent, agree to be bound by, and comply with, these Terms and Conditions, including, but not limited to, as applicable to the user (as defined herein), any Recruitment Partner/Counsellor Services Agreement (as defined herein), ABN Global Partner Agreement  (as defined herein), or other agreement between you and us, whether verbal or in writing, as well as the Privacy Policy and other documents referenced herein (collectively, the “Agreement”), as may be updated from time to time. If you do not agree to be bound by these Terms and Conditions, or other referenced agreements or documentation, you must cease to access or use the ABN Global platform.

 In the event of a conflict between these Terms and Conditions and any other agreement or understanding between you and us, these Terms and Conditions shall take precedence to the extent of any conflict.

By agreeing to this Agreement, you represent that you have reached the age of majority in your jurisdiction, you have the capacity to enter into binding obligations, and all information you supply to us is true, accurate, current, and complete. If you are using the ABN Global platform on behalf of another person or entity, you represent that you have the authority to bind such person or entity to these Terms and Conditions.

1. Definitions

In these Terms and Conditions:

 

2. Application of T&C

These Terms and Conditions apply to your access to and use of the ABN Global platform and the Services offered through the ABN Global platform. Subject to your compliance with these Terms and Conditions, we will use commercially reasonable efforts to make the ABN Global Platform available for your use in accordance with any documentation or guidelines we make available to you. 

Please note that while these Terms and Conditions apply to all users of the ABN Global Platform, Section 20 applies specifically to Student users, Section 21 applies specifically to Recruitment Partner or Counsellor users and Section 22 applies specifically to ABN Global Partner users.

3. Changes to T&C and the ABN Global Platform

Except where prohibited by Applicable Law, we may update these Terms and Conditions at any time by posting a new version to the ABN Global Platform. You are responsible for monitoring the ABN Global Platform for any such changes and for reviewing such changes. Your continued access to or use of the ABN Global Platform after any changes to these Terms and Conditions indicates your acceptance of such changes. Similarly, we reserve the right to change, suspend or terminate the ABN Global Platform at any time, including the availability of any Content, without notice, including (i) for scheduled maintenance; (ii) if you violate any provision of these Terms and Conditions; or (iii) to address any emergency security concerns.

4. Registration & Account Information

To access or use the ABN Global Platform, you may either be required to register for a user account using the ABN Global Platform or be provided with an access key or be authorized by the ABN Global Platform in a customized way as set out in a mutual written agreement.  You agree to provide accurate, current and complete information in such registration and to update your information as necessary.  We reserve the right to suspend or terminate your account or access or authorization if we have reason to believe your information is inaccurate, outdated or incomplete and may, in our sole discretion, accept or reject your registration, request to access, or authorization for the ABN Global Platform, and suspend or terminate your account for any reason. You are responsible for maintaining the confidentiality of your password, account and access key, as applicable (“Access Information”), and we are not responsible for any actions taken by any other person or entity using your Access Information.

5. License to Use

Subject to all terms and conditions in the Agreement and any restrictions contained in the Content, we hereby grant to you a personal, non-exclusive, revocable, non-transferable license to access the ABN Global Platform solely for the purposes of accessing or using the Services and Content available to you.

6. Your Data

By visiting or using ABN Global’s Platform or Services, you understand that your data may be collected for various purposes and you understand that any information you share with ABN Global will be processed in accordance with ABN Global’s Privacy Policy.

ABN Global reserves the right at all times to disclose any Personal Information as it deems necessary to satisfy any Applicable Law, legal process, or requirements of a Governmental or Regulatory Authority.

7. De-Identified Data

ABN Global may also use itself or provide to third parties, your data, and any data regarding your use of the ABN Global Platform, in aggregated form, in a manner that does not identify you (“De-Identified Data”), subject to ABN Global’s Privacy Policy, for ABN Global’s business uses, including for the purposes of enhancing and fixing the ABN Global Platform, performing analytics, and marketing the ABN Global Platform to third parties. ABN Global will own any and all intellectual property rights in the output of ABN Global’s use of any such De-identified Data.

 

8. Your Representations & Warranties

You covenant, represent and warrant that:

9. Restrictions and Limitations on Your Use of the ABN Global Platform

Usage Policies

Equipment

Data Integrity and Back-up

Not for Time Sensitive Applications

Restrictions on Your use of the ABN Global Platform

10. Right to Edit and Remove Your Data; Suspension or Termination; Investigations

Right to Edit and Remove Your Data

Suspension or Termination

Investigations

11. Your Responsibilities

When using the ABN Global Platform, you agree that you will: (i) promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account; (ii) use reasonable efforts to prevent unauthorized access to or use of the ABN Global Platform; and (iii) comply with all Applicable Laws and regulations, including all intellectual property, data, privacy and export control laws; and (iv) promptly notify us of any security breaches/incidents in institutional systems related directly or indirectly to the ABN Global Platform.

12. Submissions regarding the Functionality of the ABN Global Platform

Any suggestions, bug reports or other communications respecting the functionality of the ABN Global Platform that you transmit to us by any means (each, a “Submission”), are considered non-confidential and may be disseminated or used by us or any third party without compensation or liability to you for any purpose whatsoever, whether for inclusion as part of the ABN Global Platform or otherwise.

You hereby grant us, our affiliates and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through or in connection with the Service, including for promoting, improving and developing the ABN Global Platform. This provision does not apply to Personal Information that is subject to our Privacy Policy.

13. Confidential Information

 

14. Intellectual Property

This is an agreement for access to and use of the ABN Global Platform, and you are not granted a license to any software by this Agreement. The ABN Global Platform and the Content is owned by us or our third-party licensors, who retain all right, title and interest therein. The ABN Global Platform and the Content are protected by national and international copyright and trade-mark laws. In addition, other intellectual property laws (including patent laws) and treaties may protect the ABN Global Platform. 

We expressly reserve all rights in the ABN Global Platform, including, without limitation, the Content, that are not specifically granted to you. You acknowledge that all right, title and interest in the ABN Global Platform, including, without limitation, the Content, all other derivative work thereof, and all intellectual property rights therein will remain with us (or our third-party suppliers, if applicable).

15. Term & Termination

The term of these Terms and Conditions will commence on the earlier of the date you: (1) accepted these Terms and Conditions; or (2) the date you first access or use the ABN Global Platform and will continue until terminated by either Party in accordance with these Terms and Conditions.  We may terminate these Terms and Conditions for convenience, at any time, by providing written notice to you.

16. Effect of Termination

Upon any termination or expiry of this Agreement for any reason (whether by you or by us), you must cease all use of the ABN Global Platform. Termination or expiry of this Agreement, for any reason, will not affect your payment obligation for any fees accrued hereunder or payments owing prior to the effective date of termination or expiry. The termination of this Agreement by either Party does not affect any accrued rights or remedies of either Party. Any provision of this Agreement that expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, including this Section 16, will do so.

17. Indemnities

You agree to defend and indemnify us, our affiliates, successors, assignees and their respective directors, officers, shareholders, employees and agents (the “ABN Global Parties”) from and against all losses, costs, damages, expenses, fines, fees, penalties, interest and liabilities (including reasonable legal fees and court costs) (“Claims”), which may be suffered or incurred by the ABN Global Parties from or relating to: (i) your use of the ABN Global Platform contrary to these Terms and Conditions or any other related documentation or guidelines made available by us; (ii) any reliance on any Content obtained by you through the ABN Global Platform; (iii) your breach of these Terms and Conditions; (iv) the infringement, violation or misappropriation by you, or any third-party obtaining access to the ABN Global Platform through your Access Information, of any intellectual property or other right of any third person or entity; and (v) any data, information, documents or other material that you make available to us, including as a result of your failure to obtain all necessary consents or permissions (including in respect of Personal Information) necessary for us to make the ABN Global Platform available to you.

In the event of any Claims, we will use good faith efforts to promptly notify you of such Claims and provide you with reasonable assistance. We will have the right to participate in the defense of any Claim with legal counsel of our own choosing.  In addition, you will not enter into any settlement of any such Claim without our prior written consent, including if our rights would be impaired.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE ABN GLOBAL PLATFORM  OR THESE TERMS OF AND CONDITIONS.  

19. General

Construction and Interpretation

Independent Service Provider

Force Majeure

Survival

Assignment

Notices

Non-Waiver

Severability

Governing Law

Entire Agreement/Modification

Electronic Agreement

English language

20. Student Users

21. ABN Global Partner Users

This Section shall be applicable only to those users who are ABN Global Partners.

As an ABN Global Partner user, you agree to be bound by, and comply with, all other terms and conditions applicable to you, whether by formal agreement or use of the ABN Global Platform, including, but not limited to: 

22. Contact

Any questions regarding this Agreement, or any questions, complaints, claims or other legal concerns relating to ABN Global or its business, should be directed to us at, [Insert address/contact information]

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