Terms & Conditions

Terms & Conditions

By using our Website, you are acknowledging that you have read and understood, and that you agree to comply with and be bound by, these terms of use ("Terms of Use"). You also agree to comply with all laws and regulations pertinent to the use of this Website, to the use of the Internet, and to the activities involved in using this Website. Please review the following terms carefully.

You are offered to access the Website under condition that you won’t modify the terms, conditions, and notices mentioned below. There is an agreement created for you regarding the usage of our website, including:

 

§  You must be 18 years of age or over and have legal capacity.

§  You warrant that all information you provide about yourself or anyone else shall be true and accurate.

§  The website must not be used for speculative, false or fraudulent activities.

 

Accordingly, as a condition of using our Website, you agree not to use its contents or information for any commercial or non-personal purpose. You must also agree not to transfer, sell or re-sell any information, software, products, or services obtained from our Website. In addition, whether or not you have a commercial purpose, you agree not to:

 

·         Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Bankai.

·         Violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access of our Website.

·         Take any action or use any device, routine or software that imposes, or may impose, in the discretion of Bankai, an unreasonable or disproportionately large load on our Website, which inhibits or interferes with the running of our Website.

·         The transmission of threatening, defamatory, pornographic, political, or racist material or any material that is otherwise unlawful is expressly prohibited.

·         Bankai reserves the right to deny you the access to our Website if anytime it is affected by outside factors which are beyond our control.

 

We shall not be liable for any loss or damage of whatever nature, which may arise directly or indirectly, from the use of any of the information or material contained in our Website and access any other information or material via web links from these Website. These exclusions of liability relate only to the extent permitted by law and, except for information or material accessed via our Website or supplied by an identified Third Party, which is consistent with our pertinent conditions. If any of these exclusions, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed severable and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question.

 

LICENSE RELATED INFORMATION:

This Website uses various open source Licenses and strictly adhere with the Terms & Conditions including but not limited to its Intellectual Property Right obligations.

COMPLIANCE WITH LAW:

Users who choose to use this Website do so on their own initiative and are solely responsible for compliance with all laws, rules and regulations pertinent to the use of this Website and the information, content, material and services contained herein.

VENUE AND JURISDICTION:

Claims relating to this Website, to the use of this Website, and to the information, content and material available through this Website, are governed by the laws of the State of New York, USA. You hereby unconditionally, voluntarily and irrevocably consent to submit to the exclusive jurisdiction of the courts situated in New York, USA, in any claim or dispute concerning, relating to, or arising from this Website and any information received through this Website. You agree not to plead forum non conveniens in any such action and you consent to service of process.

 

Any and all dispute arising out of this Website shall be settled under the Arbitration Rules pertaining to American Arbitration Association. Language of Arbitration shall be in English and Place of Arbitration shall be New York, United States of America.

 

WEBSITE USERS’ ON-LINE CONDUCT:

·         You agree to use this Website only for lawful purposes.

·         You agree to use this Website only for its intended purposes.

·         Bankai reserves the right to prohibit any conduct involving this Website that it deems to be unsuitable.

·         You agree not to disrupt this Website.

·         You agree not to interfere with or compromise the security of this Website, or any computer, server, account, network, data, software and/or hardware associated with this Website.

·         You agree not to disrupt or interfere with any other User’s use of this Website.

·         You agree not to attempt to obtain access to any portion of this Website, any computer, server, account, network, software and/or hardware associated with the Website, from which you are restricted.

·         You agree that you are solely responsible for any actions you undertake while using this Website and that you will comply with all pertinent local, state, national and international laws and regulations pertinent to this Website and the Internet, including all pertinent copyright.

LIMITATION OF LIABILITY:

Neither Bankai, nor any of our affiliated parties, nor any other party involved in creating, producing, serving, hosting, maintaining and/or updating this Website shall be liable, under any circumstances for any damages, including but not limited to direct, indirect, incidental, exemplary, punitive, and/or consequential damages, and including but not limited to damages arising from mistakes, omissions, interruptions, deterioration or corruption of files, deletion or corruption of e-mail, errors, loss of data, loss of profits, defects, viruses, and/or delays, that result from your use of or inability to use this Website, resulting from any acts or omissions, including but not limited to acts of God, network failure, hardware or software failure, theft unauthorized access, our negligence or your own errors or omissions, and any other cause, even if Bankai has been advised of the possibility of such damages. You agree that this section relate to all content available through this Website. In any jurisdiction where exclusion or limitation of liability for any type of damages is prohibited, Bankai’s liability is limited to the maximum extent allowed by that jurisdiction.

AMENDMENT OF TERMS:

By using this Website, you agree to these Terms of Use as well as any posted changes to these Terms of Use. We reserve the right to change these Terms of Use at any time. We request you to review these Terms of Use from time to time to ensure you are familiar with the most current version of it.

INDEMNIFICATION:

You agree to indemnify, defend and hold Bankai and its Affiliated Parties harmless from and against all damages, losses, costs and expenses that Bankai or any of its Affiliated Parties may incur as a result of your use of this Website or your use of the Content and other information available through this Website.

SEVERABILITY:

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

HEADINGS:

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

INTEGRATION:

These Terms of Use constitute the entire and only agreement between you and Bankai, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the Content, or the other information provided by or through the Website, and the subject matter hereof. Bankai’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision, nor of the right to enforce such provision.

ACCEPTANCE:

If you do not agree to the terms and conditions herein, DO NOT use our Website.