Last updated: November 8, 2018
The website located at www.bankbulb.com (the “Site”) is a copyrighted work owned and operated by Otaara Limited (the “Owner”) a company registered in England and Wales with company number 10987751 (together with Owner, “we”, “us” or “our”).
We provide services via the Site that inform users about products, services, technologies, marketing strategies and tactics introduced and implemented by Financial Institutions around the world. Our Site and other mediums through which you have accessed this Agreement (via desktop, mobile or other application) are collectively referred to as the “Services”.
Our Services are intended to be accessed and used only by adults and are not directed to minors. We do not knowingly collect personally identifiable information by anyone under the age of 18, and you should not provide us with any information regarding an individual under the age of 18.
By accessing, downloading, or using the Services: (a) you are accepting these Terms of Use (“Agreement”) and our Privacy Policy; (b) you acknowledge that this Agreement is supported by reasonable and valuable consideration, including, without limitation, your ability to visit, use and/or submit information to our Services; (c) you represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity; and (d) you represent that you are at least eighteen (18) years old. In order to determine your compliance with this Agreement, we may monitor your access and use of our Services in accordance with our Privacy Policy. If you do not agree with all the provisions of this Agreement, do not access or use our Services.
This is a legally binding agreement.
1.Introduction
This site is owned and operated by Otaara Limited. As a user, you will be able to access material on most areas of the Site, having completed the registration process. Certain areas of the Site may only be open to you, or will only be available to you for a limited period of time, if you are a full subscriber.
Any time limit applying to your access and use of the Site will be set out in the terms of the trial offer or your subscriber agreement. However, Otaara reserves the right to suspend or terminate your access and use of the site at any time, and may exercise this right with or without notice.
2. Restrictions On Use Of Materials
- All material on the Site and messages by email belong to Otaara. You may retrieve and display content from the site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form.
- The database of material contained on BankBulb may not be downloaded in its entirety, nor may any user create a database in electronic or structured manual form by systematically downloading and storing any or all of the content.
- It is expressly forbidden for nominated users at the Licensee's authorised offices to use the site to service information requests on behalf of other offices in its organization that do not hold a separate license to use www.bankbulb.com.
3. Otaara Trademarks
Unless otherwise stated, all trademarks, service marks, and trade names are proprietary to Otaara. These include Otaara, Otaara.com.com, BankBulb, BankBulb.com.
4. Trademark Notice
This Site may contain trademarks, copyrights and other intellectual property rights of third parties. All such rights are proprietary to their respective owners. Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any use of such trademarks or tradenames is strictly prohibited without the express written permission of these owners.
5. Disclaimer and Limitation Of Liability
The user/visitor expressly acknowledges and agrees that the Site is provided subject to the disclaimers and limitations of liability set out in these Terms & Conditions, and agrees to be bound by them.
Otaara relies on the World Wide Web for the delivery of the Site to subscribers and, without limiting the foregoing, whilst Otaara will use reasonable efforts to minimise delays and interruptions in the delivery and/or updating of the Site, Otaara will not be liable to subscribers in any manner whatsoever for any consequences of such delay or interruption.
Every user who visits this Site does so at his or her own risk. The materials in this Site are provided "as is" and without warranties of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Neither Otaara, nor any other party involved in the creation, production or delivery of this Site or whose materials or information appear in this Site, will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the materials in this Site – even if there is negligence on Otaara's part or an authorized Otaara representative has been advised of the possibility of such damages, or both.
Otaara may discontinue the Site, or any part of it, immediately if the provider of the material contained on the Site, or any part of it, withdraws or limits the licence or authority of Otaara to include such material on the Site.
The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In that event, Otaara's total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access this Site.
6. Force Majeure
Failure or delay by Otaara in performing its obligations under this Agreement as a result of circumstances outside Otaara’s reasonable control shall not constitute a breach of the Agreement. Otaara shall, as soon as conditions return to normal, take all reasonable steps to rectify the failure or delay at the earliest opportunity. Notwithstanding the foregoing, if such event of force majeure continues for more than thirty (30) days, the Licensee shall be entitled to terminate this Agreement.
7. Assignment
You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms.
8. Invalidity
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect. Headings in these Terms are for convenience only and will have no legal meaning or effect.
9. Internet Links
- Otaara is not responsible for – and assumes no responsibility for – the contents of any non-Otaara linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided in this Site are not under the control of Otaara. Access to any other Internet websites linked to the Site is at the user's own risk.
- In addition, the existence of a link between this Site and any other Internet website is not and shall not be understood to be an endorsement by Otaara of any material, substance, information or the owner or proprietor of the linked Internet website, or of the site's privacy policies, and such links shall not imply nor create any relationship nor endorsement between Otaara and the owner or proprietor of such linked website.
10. Termination
Otaara may cancel or withdraw access to the Site and without notice at any time and may amend or terminate these terms for any reason.
Otaara reserves the right to block access from any user who is making downloads from the Site in a manner that Otaara deems to be unauthorised or suspicious.
11. Jurisdiction and Validity
These terms shall be governed by and construed in accordance with the laws of the United Kingdom, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the United Kingdom, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
12. Contact Details & Company Registration
Otaara Ltd. Registered in England and Wales no. 10987751
Registered Office: 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA, UK
Please use these details for all correspondence.
13. Indemnification
- You hereby agree to indemnify, defend and hold harmless Company, and Company’s suppliers, shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, settlements and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise, and whether arising under tort, contract or any other claim at law or equity) relating to or arising out of (i) your use of the Service (including, without limitation, the Software); (ii) your breach of any representations, warranties or covenants in this Agreement; (iii) your User Conduct; (iv) your acts and omissions with respect to the Service, Website or Software; and (v) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party.
- Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Company in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Company or any of Company’s suppliers, affiliates, partners, subsidiaries and employees.
14. Limitation of Liability
IN NO EVENT WILL COMPANY OR ANY OF COMPANY’S SUPPLIERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, EVEN IF COMPANY OR ANY OF COMPANY’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED $100.
YOU EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15. No Injunctive Relief
You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including, without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, or the exploitation of the Service or any Content displayed on the Service.
16. Independent Review
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE DO NOT USE THE SITE.
Otaara Purchases: Conditions of Business
Otaara ("the Company") sells membership to you and provides access to its website at www.bankbulb.com. By purchasing membership (subscription), you signify your agreement to be bound by these conditions.
1. General Conditions
1.1 Payment Information
Payment may be made in the following ways:
Credit Card: (American Express, MasterCard or Visa) quoting the name on the card, card number and expiry date.
Debit Card: Quoting the name on the card, card number, expiry date and the start date or issue number.
Bank Transfer: Please advise our Customer Services department by e-mail of the value and details of your transferred payment. Order ID(s) should be included with your payment slip plus any remittance advice.
1.2 VAT & Other Taxes
Customers in the EU must provide a VAT registration number or evidence of entitlement to exemption from Value Added Tax or any other applicable taxes.
1.3 Invoices
All invoices are to be paid within 30 days from invoice date, unless otherwise advised. The Company reserves the right to suspend delivery of further orders if payment terms are not strictly adhered to.
1.4 Delivery
As soon as payment is received by Otaara, Otaara will make access to www.bankbulb.com available to employees of client within 3 working days.
2. Subscription Orders
2.1 Prices/Rates
Price regions relate to the final customer's location, even if the order is placed by a subscription agent on the customer's behalf. However the tax treatment follows the rules of the country in which the agent's billing address is located.
Institutional/Corporate rates: Applies to subscriptions paid for by an organisation, whether the organisation be "for profit", "not for profit" or "academic".
2.2 ALL PAYMENTS ARE NONREFUNDABLE. Following any cancellation, you will continue to have access to your Membership until its expiration date. However, Company may for any reason and at any time provide a refund, discount, or other credit or consideration (“Member Return”) to any or all of our Members. The amount and form of such Member Return and the decision to provide one is at the Company’s sole and absolute discretion. Additionally, any provision of a Member Return does not entitle other users to the same Member Return, nor does it entitle you to a Member Return for similar instances or any other instance in the future, under any circumstance.