TERMS AND CONDITIONS
Revised February 10, 2018
You have requested to participate in the BasaltMatrix service (the "Service") provided by BasaltMatrix Technology Limited. ("BM"). Your participation in the Service is subject to your acceptance of these terms and conditions. YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE SERVICE. When the user of BM perform name screening or searching company registration information on specific candidate or entity (the “candidate”) input by the user, the user may (a) access to an abbreviated version of the candidate’s name screening report; (b) access to an online name screening result of Report Subject to view detailed screening result; and (c) access to an online searching result of company registration information. Additional services may be included in the Service in the future, and the registration and authentication information provided under this Agreement may be used in the provision of any such Service. The User, if any, agree to the applicable Terms and Conditions set forth herein.
These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) the Service; (b) interaction by any means between you and BM regarding the Service; (c) your access to and use of the website located at https://cdd.basaltmatrix.com (the "Service Website"); (d) your access to and use of watching list and Identity verification resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content"); and (e) the resolution of all claims and disputes between us through arbitration.
YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE SERVICE, SERVICE WEBSITE AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION.
Upon executing this Agreement by clicking below to indicate your agreement and by ordering any Service, BM will provide you with the ordered Service in accordance with these Terms and Conditions.
1. REGISTERING FOR THE SERVICE
BasaltMatrix is an online service in which once you are registered, an online account is created for you. To register for your account, you must provide us with your full name or your company’s full name, a valid address, an email address, a valid phone number, and agree to be bound by these Terms and Conditions.
Because the Service provides access to screening reports and information, you may provide valid credit card information for any Service for which a fee is charged. Alternatively, you can use the wire transfer function of your banks to make the payment first. You agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration form, authentication form or otherwise requested to do so by BM. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if BM has reasonable grounds to suspect that such information is untrue, inaccurate or not current, BM, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to any Service, Service Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Service, Service Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that BM will not be liable to you or any third party if BM suspends or terminates your order of, use of, or access to any Service, Service Website or Content, or any portion thereof, for any reason.
You agree not to share your PIN or password with third parties. You agree to promptly notify BM at help@BasaltMatrix.com of any unauthorized use of your account and any loss, theft or disclosure of your PIN or password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your account and the Service.
Upon agreeing to the Terms and Conditions, some consumers who order the Report and Name Screening service will receive an email with a link to the BM Connect log-in page. Upon your registration with BM or request for a Service, and periodically thereafter, you will be asked to authenticate your identity in a manner which includes but is not limited to credit report information, identifying information (e.g. name, address, Email address) that you provide and your responses to questions related to your name screening or company registration searching information.
2. REPORT, NAME SCREENING, AND COMPANY REGISTRATION INFORMATION SEARCHING SERVICE
The Company Risk and Individual Risk Service allow you to access to a name screening result, or a name screening report based on but not limited to official watching lists or sanction list published by different governments of different countries or international organizations, such as: OFAC List, Sanctions Committee (Iraq) List, Panama Paper Related List, Export Control Organization Iran List, National Terrorists List, etc. Company Registration Information Searching Service allows you to access to a company’s registration information provided by local official organization.
3. NAME SCREEING RECORDS
If available to you, the Records function allows you to view your searching history based on the names you have performed.
4. SCREENING SETTINGS
The Screening Settings function allow you to choose the methods of perform name screening based on your own risk preference. You may choose the Company Matching Level or Individual Matching Level to decide the similarity between name screening result and the names you input. You may switch on or switch off the button of “Gender Wise” or “Matching Date of Birth” to filter the name screening results.
You acknowledge that the Credit Information and/or data provided by or received by you may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Service and Information shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any such Information, or information contained in or derived from it, to any third party unless otherwise required by law.
6. COMPLIANCE WITH LAWS
You agree to and shall comply with all local laws, rules, regulations and decisions applicable to your provision to BM of data and your use of the Name Screening Information, Company Registration Information and Service provided under this Agreement.
There are no fees or other charges to create an account on the Service Website.
There are no fees or other charges to a Report.
Name screening online self-deposit fees are listed below:
Company Registration Information Searching service fees as follow:
For fees with API function, annual fees or other payment method, you may contact help@BasaltMatrix.com.
Refunds will not be issued once we have successfully provide the first name screening service or company registration information searching service.
8. MODIFICATION OR TERMINATION OF SERVICE
BM may, at its discretion, modify or discontinue any Service, the Service Website or Content, or any portion thereof, with or without notice. You agree that BM will not be liable to you or any third party for any modification or discontinuance of any Service, the Service Website or Content.
9. UPDATED TERMS AND CONDITIONS
This Agreement may be updated from time to time. You should check the Service Website regularly for updates to these Terms and Conditions. Each time you order, access or use any Service, the Service Website, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement
10. TERMINATION OF AGREEMENT
This Agreement may be terminated without cause by BM at any time upon notice by email to you. The email address for notice will be the then current email address in your account profile
11. NOTICE OF PROSECUTION
Access to and use of password protected and/or secure areas of the Service Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service Website may be subject to prosecution.
12. SECURITY MEASURES AND AUTHENTICATION
Because BM uses security measures designed to protect your privacy and to safeguard your information, may not always be able to successfully provide a Service to you. For example, when the system is unable to verify your identity, BM cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.
13. PERSONAL INFORMATION
14. REVIEW AND RECEIPT OF PRIVACY NOTICE
15. ON-LINE REQUIREMENTS
You must have an email address and a Java-compatible browser such as Internet Explorer 7.0 or higher, Firefox 3.6 or higher, Safari 3 or higher, Chrome 3 or higher, or Opera 10.5 or higher to receive your Service. You are agreeing to receive all notifications via email at the email address on file with BM. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
16. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
BM offers access to services including an abbreviated version of a Report Subject’s consumer credit report, VantageScore credit score, or Credit SnapshotSM. BM is not acting as a credit repair organization when providing Report Subject with the Service, and is not offering to sell, provide or perform any service to Report Subject for the express or implied purpose of either improving Report Subject’s credit record, credit history or credit rating or providing advice or assistance to Report Subject with regard to improving Report Subject’s credit record, credit history or credit rating. Report Subject acknowledges and agrees that Report Subject is not seeking to purchase, use, or access any of the Service, Service Website, and Content in order to do so.
17. NO WARRANTY BY BM
USER ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO USER THROUGH THE REPORT AND NAME SCREENING RESULTS, TOGETHER WITH COMPANY REGASTRATION INFORMATION SEARCHING RESULT, MAY CHANGE OVER TIME. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICE, SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. BM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICE, SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM BM DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. BM MAKES NO WARRANTY THAT (I) THE SERVICE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE RELIABLE.
18. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT BM WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY SERVICE, THE SERVICE WEBSITE OR CONTENT, EVEN IF BM HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON BM, THEN YOU AGREE THAT BM’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM BM’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE MONETARY AMOUNT, IF ANY, PAID BY THE APPLICABLE REPORT SUBJECT.
19. CLAIMS BY BINDING ARBITRATION
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
The place of arbitration shall be in Hong Kong at HKIAC.
There shall be only one arbitrator.
The language to be used in the arbitral proceedings shall be English.