By accessing and using Atradius on-line services and associated application(s)/website(s) (the "Site") you agree to be bound by the following terms and conditions of Atradius Crédito y Caución S.A. de Seguros y Reaseguros, and its affiliated and direct or indirect subsidiary companies (hereinafter: jointly and individually referred to as "Atradius"; "we") without limitation or qualification.
This Site is owned and operated by Atradius; any other on-line services may be operated by affiliated companies together with links to third party sites. The particulars of the responsible entity can be found on the Atradius.com website under the button "Supplier Information" in the footer of the web site. Atradius controls and maintains this Site and any on-line services from The Netherlands and makes no representation that the information provided on or via this Site or any on-line services is appropriate or available for use in other locations. If you use this Site or any on-line services from other locations, you do so by your own initiative and are responsible for compliance with applicable local laws and regulations.
The material and information in this Site and any on-line services and in the sites of any company of the Atradius Group and its related, affiliated and subsidiary companies are provided "as is" and without warranties of any kind, either expressed or implied. Atradius disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Atradius will use reasonable efforts to provide accurate information on this Site or any on-line services; however, certain information is provided by third parties and as such Atradius cannot warrant the accuracy or completeness of information supplied. Accordingly, it is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information contained on any page created by an entity of Atradius is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. You should consult your own legal or tax advisor with respect to your personal situation. You shall be solely responsible for any decisions based on the information contained on such information. By submitting any material to us via the Site or any on-line services , via email or otherwise, you do so in the knowledge that Atradius may copy, modify, distribute or create a derivative work from that content in any form. You warrant that the material is fit for publication and agree to indemnify us if any third party takes action against us in relation to the material that you submit. You agree that we shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site or any on-line services constitutes a violation of their intellectual property rights or of their right to privacy.
Atradius shall not be liable for any injury, loss, damage or expense arising out of any access to or use of or inability to use this Site or any on-line services or any site linked to it or use of the information contained therein, including, without limitation, any loss of profit, indirect, special, incidental or consequential loss. In no event shall Atradius be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of the Site or any on-line services or information herein.
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Atradius, its licensors or the relevant owner, retains all rights (including copyrights, trademarks as well as any other intellectual property rights) in relation to all information provided on or via this Site or any on-line services (including all texts, graphics, button, layout and logos). You may not copy, download, (re)publish, distribute, modify, post, transmit or reproduce any of the information contained on this Site or any on-line services in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written consent of Atradius or the relevant owner. You agree that the material and content contained within or provided by Atradius on this Site or any on-line services may be printed out and/or downloaded for your own personal use only but may not be used for commercial purposes or distributed commercially.
The service is accessed via the World Wide Web which is independent of this Site or any on-line services and Atradius. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. Atradius has no responsibility for any information or service obtained by you on the World Wide Web. Atradius cannot guarantee that the hyperlinks set out on the sites will be accurate at the time of your access. Moreover, the sites pointed at by hyperlinks are developed and possibly maintained by persons over whom Atradius has no control. We cannot and do not monitor the sites linked to our pages on the Internet. Accordingly, Atradius assumes no responsibility for the content of any sites referenced to by any hyperlink or otherwise. Atradius believes that making hyperlinks available to publicly accessible Web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. Links to Atradius sites, including the Site or any on-line services, are not permitted without the prior written consent of Atradius.
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Atradius is not obligated to monitor any transmission made through the respective Web pages and newsgroups. However, Atradius has the right, but not the obligation, to monitor any transmission made to and for this Site or any on-line services. Atradius may use information of this Site or any on-line services or disclose to third parties.
While Atradius has used its discretion, best judgment and all reasonable efforts in maintaining a virus-free website, it excludes any liability for persons, property damage or especially direct, indirect, immediate or subsequent pecuniary loss which may result from transmission or downloading of computer viruses. Atradius cannot be held liable for hardware damage, loss of data, alteration of data, or downtime. You agree to use the Site or any on-line services in a lawful manner only and further agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Atradius or any of its customers or users of the Site or any on-line services by any means, including without limitation by a denial of service attack, knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, harassment, impersonation of another person or entity. You also agree not to use the Site or any on-line services to transmit or post any material which is fraudulent, defamatory, offensive or which may in our judgement cause nuisance, annoyance, inconvenience to Atradius, or any other person or which is illegal. You will not use the Site or any on-line services such that you would cause the whole or part of the Site or any on-line services (including the server on which it is stored or any server, computer or database attached to it) to be interrupted, damaged, rendered less efficient or impaired in any way. In such circumstances your right to use the Site or any on-line services will cease immediately. You furthermore expressly agree not to: (i) use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any on-line services, any data or content found on or accessed through the Site or any on-line services or any other content without the prior express written consent of Atradius; (ii) obtain or attempt to obtain through any means any materials or information on the Site or any on-line services that have not been intentionally made publicly available either by their public display on the Site or any on-line services or through their accessibility by a visible link on the Site or any on-line services; (iii) violate the restrictions in any robot inclusion headers on this Site or any on-line services or in any way bypass or circumvent any other measure employed to limit or prevent access to the Site or any on-line services or its content; (iv) violate the security of the Site or any on-line services or attempt to gain unauthorised access to the Site or any on-line services, data, materials, information, computer systems or networks connected to any Atradius server, through hacking, password mining or any other means; (v) interfere or attempt to interfere with the proper working of the Site or any on-line services or any activities conducted on or through the Site or any on-line services, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site or any on-line services; (vi) take or attempt any action that, in the sole discretion of Atradius, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or any on-line services or Atradius' infrastructure.
Atradius takes reasonable steps to safeguard the security of any information you input or send to us in connection with the Site or any on-line services by using secure services and encryption technology where we deem appropriate, however, given the risk inherent in electronic communication, we accept no responsibility for any damages that you may suffer as a result of the loss of confidentiality of such information.
If you choose or are issued with a user identification code, password or any other piece of information as part of any registration or security procedures, you must treat such information as confidential and are fully responsible for all activities that occur under your password and account. You agree to immediately notify Atradius of any unauthorised use or breach of security. We cannot be held liable for any loss or damage arising from your failure to comply with this term. We reserve the right to disable any user identification code or password.
You agree to indemnify and hold harmless Atradius, its licensors and suppliers, all of its affiliated companies and subsidiaries and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site or any on-line services or any breach by you of these Terms and Conditions of Use.
Whilst Atradius will use its reasonable endeavours to maintain the Site or any on-line services in a fully operating condition; it is not responsible for the results of any defects that exist in the Site. Atradius does not assume any liability for timely, trouble-free and uninterrupted access to the Internet or arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the service at any time Atradius excludes any liability (including any liability for negligence) for persons, property damage or especially direct, indirect, immediate or subsequent pecuniary loss. Atradius may suspend or vary the whole or any part of the service(s) offered on the Site or any on-line services for any reason, at any time at our sole discretion without liability to you.
If any article, section or provision of these Terms and Conditions of Use is found to be invalid, the remainder of them shall continue in full force and effect. Any Conditions which are null or void are in this case to be understood such that their intended purpose is still fulfilled as far as possible.
In using the Site or any on-line services, certain functionalities or information is derived from ancillary (third party) websites, applications or tools. Such functionalities or information derived therefrom is dependent upon and shall be subject to the terms and conditions governing those websites, applications or tools and, where applicable, your continued subscription to those websites, applications or tools. By way of example, (without limitation and for illustration only), you have concluded an agreement with us to use a tool to monitor credit risk and to assess the quality of Customer's buyer portfolio ("Atradius Buyer Ratings"). The terms and conditions in that agreement apply when using the online applications/websites where Atradius Buyer Ratings is available.
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Atradius Buyer Ratings is offered by Atradius Crédito y Caución S.A. de Seguros y Reaseguros, Atradius Trade Credit Insurance, Inc.,Atradius Crédito y Caución Seguradora S/A and Atradius Seguros de Crédito, S.A. ("Atradius") to their insured customers as a supplementary tool in connection with any credit insurance policy between Customer and Atradius (each, an "Underlying Insurance Policy"). These Terms of Use may be updated if required by new developments. Therefore, we advise you to check this statement on a regular basis. These Terms of Use contain the terms and conditions upon which you may access and use Atradius Buyer Ratings. These Terms of Use were last updated on 15 November 2018. The term "you" refers to anyone who has access to Atradius Buyer Ratings. The term "Customer" refers to the credit insurance policy holder that has authorised you to access this site or any on-line services to view and/or submit information regarding the Underlying Insurance Policy. The term “Broker” refers to the registered insurance intermediary appointed by the Customer as its agent in the arrangement and administration of its Underlying Insurance Policy. By accessing and using Atradius Buyer Ratings, you acknowledge that you have read these Terms of Use, understand them, and agree that you and the Customer are bound by their terms and conditions. If you are a Broker authorised by a Customer to access their Buyer Ratings, you may only use such Buyer Ratings on behalf of such Customer, not on behalf of any other entities whom you may represent. If you do not wish to be bound by these terms and conditions, you may not access or use this site or any on-line services as offered by Atradius.
These Terms of Use provide you with a personal, revocable, non-exclusive and non-transferable license to use Atradius Buyer Ratings subject to your continued compliance with the terms and conditions of these Terms of Use. Atradius Buyer Ratings is provided to you and Customer and/or Broker for internal use only by Customer and/or Broker as a tool to monitor credit risk and to assess the quality of Customer's buyer portfolio. You are obliged to treat the Buyer Rating Information confidentially and to protect the Buyer Rating Information with such security measures and a degree of care that would apply to Customer and/or Broker's own confidential information. You may not, in whole or in part, electronically or otherwise, copy, modify, publish or reproduce the Buyer Rating Information, nor disclose, distribute, sell or license the Buyer Rating Information or any derivative works thereof to anyone, except as expressly permitted under applicable law or as set out in these Terms of Use. You may only disclose Atradius Buyer Ratings to a dedicated group of directors and employees of Customer or Broker and, where applicable, directors or employees of any of Customer and/or Broker's affiliates and/or directors or employees of any party identified as co-insured or joint-insured in the Underlying Insurance Policy (together the "Customer Group") who need to know the same to monitor credit risk and to assess the quality of Customer's buyer portfolio and/or to evaluate Atradius Buyer Ratings and its usefulness within the Customer Group. You shall be responsible for and take all necessary actions to ensure that the members of the Customer Group to whom you will disclose Atradius Buyer Ratings will comply with the terms and conditions of these Terms of Use. You will notify Atradius immediately upon discovery of any unauthorised use or disclosure of Atradius Buyer Ratings or of any Buyer Rating Information. You will co-operate with Atradius in every possible way to help Atradius to regain possession of such Atradius Buyer Ratings or Buyer Rating Information and prevent its further unauthorised use. Neither you nor Customer nor Broker may use the Buyer Rating Information as evidence of any position taken in law or otherwise.
Atradius Buyer Ratings is a tool to monitor credit risk and to assess the quality of Customer's buyer portfolio. Atradius Buyer Ratings includes the following information per buyer, if available: buyer rating value; buyer rating class; and date on which the buyer rating value was last updated, together with other information elements that may be provided as part of Atradius Buyer Ratings from time to time, referred to as the "Buyer Rating Information". The buyer rating value ranks each buyer in the rated buyer portfolio within a country with regard to the likelihood to go into default within the next 12 months. This buyer rating value is a statistical score from 1 to 100 that is developed by Atradius. Buyers with a low rating value represent the buyers with a lower probability of default. On the other hand, buyers with a high rating value represent the buyers with a higher probability of default. The Buyer Rating Information indicates the credit risk related to a certain buyer in the view of Atradius, taking into account some of the information available to Atradius on the buyer. You may obtain the Buyer Rating Information, if available, on buyers for which Customer has a valid credit limit decision or valid credit check from Atradius. The buyer rating value is only one of the factors taken into account by Atradius when establishing a credit limit decision or credit check on a buyer and may not be the prevailing factor. Customer's cover on a buyer under the Underlying Insurance Policy will continue to apply, irrespective of the buyer rating value on that buyer, provided that there is a valid credit limit decision or valid credit check from Atradius on that buyer and that other policy obligations have been complied with. If the Underlying Insurance Policy allows Customer to establish its own credit limits (i.e. discretionary credit limit or non-vetted buyer option), neither you nor Customer nor Broker may use the Buyer Rating Information for this purpose.
You may obtain Atradius Buyer Ratings via Atradius on-line services. Access by and delivery of Atradius Buyer Ratings via Atradius on-line services is also subject to the Atradius Disclaimer for using online applications/websites (as amended from time to time), which is posted on this site. From time to time the delivery of Atradius Buyer Ratings may be delayed due to scheduled or unscheduled maintenance activities or other factors within or beyond Atradius' control. Any delivery period of any service communicated by Atradius in connection with Atradius Buyer Ratings is indicative. Neither you nor Customer nor Broker can claim compensation for damages as a result of Atradius exceeding any delivery period. Atradius is under no obligation to provide Buyer Rating Information and Atradius may at any time withdraw Buyer Rating Information already provided or cease to provide (new) Buyer Rating Information, either on all buyers for which Customer has a valid credit limit decision or valid credit check from Atradius, or on a selection thereof. Atradius reserves the right to change the scope of Atradius Buyer Ratings or to suspend or discontinue Atradius Buyer Ratings at any time and for any reason.
You agree - on behalf of yourself and the Customer - that Atradius may also provide Atradius Buyer Ratings to the Broker of the Customer (if any) or to other parties designated by Customer in connection with the Underlying Insurance Policy (if any), together referred to as the "Other Users of Atradius Buyer Ratings" and together with Customer also referred to as the "Users of Atradius Buyer Ratings", provided that such Other User of Atradius Buyer Ratings has access to this site and has also accepted the Atradius Buyer Ratings - Terms of Use. Provided that you have verified that Other Users of Atradius Buyer Ratings also receive Atradius Buyer Ratings from Atradius, you may disclose the Buyer Rating Information to such Other Users of Atradius Buyer Ratings as a tool to monitor credit risk and to assess the quality of Customer's buyer portfolio. You agree - on behalf of yourself and the Customer – that Customer shall remain responsible for use of Atradius Buyer Ratings by Other Users of Atradius Buyer Ratings.
Atradius Buyer Ratings is the property of Atradius and/or of its affiliates (the "Atradius Group") and is protected by copyright and/or other intellectual property rights. The Buyer Rating Information is sometimes established partially on the basis of information purchased or obtained by the Atradius Group from suppliers (the "Suppliers"). The information used by the Atradius Group to establish the Buyer Rating Information has been obtained from sources which the Atradius Group believes to be reliable. The Atradius Group does not warrant the completeness or accuracy of that information nor does it warrant the completeness or accuracy of the Buyer Rating Information. In establishing the Buyer Rating Information and sourcing the underlying information the Atradius Group will use its reasonable endeavours and judgement only. The Atradius Group shall not disclose its information sources, any details of the Suppliers or the relationship between the Atradius Group and the Suppliers, unless the Atradius Group is obliged to do so by law or by court order.
The content of any support material provided by Atradius in connection with Atradius Buyer Ratings, including the Brochure and the document 'Frequently Asked Questions about Atradius Buyer Ratings', are for information purposes only. Atradius expressly disclaims any representation or warranty of any kind, whether express or implied, as to the merchantability or fitness for a particular purpose or correctness of any information contained in such support material and/or any services described in it.
The Buyer Rating Information indicates the credit risk related to a certain buyer in the view of Atradius, taking into account some of the information available to Atradius on the buyer. The Buyer Rating Information is established at a certain point in time and may be amended at any time without Atradius giving notice thereof to Users of Atradius Buyer Ratings. Atradius is under no obligation whatsoever to inform Users of Atradius Buyer Ratings of any changes to the facts, circumstances and/or assessments on which the Buyer Rating Information is based or of a change of the Buyer Rating Information as such. Atradius also reserves the right to revise the methodology it uses to determine Buyer Ratings without any notice to Users. The Buyer Rating Information is provided to Users of Atradius Buyer Ratings for information purposes only. The Buyer Rating Information has not been submitted to, or reviewed by, the buyer it relates to before its disclosure to Users of Atradius Buyer Ratings, nor is there any agreement between Atradius and the buyers concerning the disclosure of the Buyer Rating Information relating to that buyer. The Buyer Rating Information does not take into account individual circumstances, objectives or needs of Users of Atradius Buyer Ratings and is not intended as a recommendation as to particular transactions or strategies to any User of Atradius Buyer Ratings. Users of Atradius Buyer Ratings must make their own independent decisions, commercial or otherwise, regarding the buyers rated by Atradius. Atradius shall not be liable for any decisions by Users of Atradius Buyer Ratings, which are in any way based on Buyer Rating Information. Buyer ratings are not a substitute for credit insurance. A strong buyer rating does not eliminate the possibility that a buyer will go into default over the next twelve months. A buyer rating does not indicate the size of the turnover of the buyer. Buyer ratings can be based upon a myriad of factors, including both financial and non-financial data. Some buyer ratings are based entirely on non-financial data analysed by Atradius. Nothing herein should be construed to create any right, obligation, or responsibility on the part of Atradius, including any obligation to conduct due diligence of buyers on your behalf. If Atradius does conduct due diligence on any buyer it is for its own underwriting purposes and not for the benefit of any other person. To the extent that a buyer is a listed company or an affiliate of a listed company, the Buyer Rating Information of such buyer does not constitute an offer, solicitation or recommendation for the purchase or sale or any other disposal of any financial instrument nor should such Buyer Rating Information be used as the basis for any investment decision. The Buyer Rating Information may constitute inside information, the use of which in making securities investment decisions may be unlawful. Where a User of Atradius Buyer Ratings nonetheless uses the Buyer Rating Information of a listed company or of an affiliate of a listed company as the basis for an investment decision, Atradius does not accept any liability whatsoever for any direct or consequential loss or damages arising from such use. To the maximum extent possible by law, Atradius and their directors and employees do not accept any liability whatsoever for any direct or consequential loss or damages arising from any errors or omissions in the Buyer Rating Information or from any use whatsoever of Atradius Buyer Ratings, including any use of Atradius Buyer Ratings for any other purpose than for which it is intended.
Customer shall defend and hold harmless Atradius, and its directors and employees, from any and all liability, losses, damages and costs, including reasonable external counsel fees, arising from any use by you, Customer and/or the Customer Group of Atradius Buyer Ratings in breach of these Terms of Use. Broker shall defend and hold harmless Atradius, and its directors and employees, from any and all liability, losses, damages and costs, including reasonable external counsel fees, arising from any use by Broker or person whom Broker has provided access to or use of Atradius Buyer Ratings in breach of these Terms of Use.
Your access to Atradius Buyer Ratings will in principle be effective until the expiry date of the Underlying Insurance Policy and will terminate automatically upon termination of the Underlying Insurance Policy. However, Atradius reserves the right at any time and for any reason to deny you, Customer and/or Broker access to Atradius Buyer Ratings. Termination will be effective without notice. Please note that Atradius reserves the right to change the terms and conditions of these Terms of Use upon notice, which may be given by Atradius posting such change on this site, by e-mail, or any other reasonable way. A change shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Atradius. Your continued use of Atradius Buyer Ratings following notice of such amendments will be deemed acceptance of any changes to these Terms of Use.
The provisions contained in these Terms of Use shall be enforceable independently of each of the others and their validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted or amended, the provision in question shall apply with such modification as may be necessary to make it valid. Failure by Atradius to take action to enforce a provision of these Terms of Use shall not imply a waiver of such provision. The provisions of these Terms of Use, to the extent that they relate or could relate to the Atradius Group, constitute an irrevocable third party stipulation, made by Atradius for the benefit of each of the other members of the Atradius Group. If accepted or deemed accepted by or on behalf of such other members of the Atradius Group, each of them shall have the right to invoke the benefit of such provisions of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the applicable law specified in the Underlying Insurance Policy. With regard to any dispute arising out of or relating to these Terms of Use, you submit to the jurisdiction of the competent court or arbitral tribunal specified in the Underlying Insurance Policy.