TERMS OF USE FOR D&B SERVICE

Thanks for your support to D&B’s services. Any user shall use D&B’s services and any information included in such services (“D&B Product” or “Service”) in compliance with the specific terms and conditions. Before you start to use D&B Product in any manner, please carefully read and understand these terms of use for D&B services (“Terms of D&B Service”). If you don’t agree the Terms of D&B Service, please stop immediately using D&B Product; your behavior of using D&B Product in any manner will be deemed as that you have read and accepted these Terms of D&B Service.

Terms of D&B Service include two sections of the General Terms and the Special Terms. The General Terms apply to all categories of D&B Product, and the Special Terms apply to the specific D&B Product that you subscribe and use. If any inconsistency between the General Terms and the Special Terms, the Special Terms shall prevail. In below terms, you are referred as “Customer”, and D&B entity and its affiliates providing D&B Product are referred as “D&B”.


I. GENERAL TERMS

1. Customer acknowledges that all D&B Product is owned by Dun & Bradstreet (HK) Limited and its licensors (“D&B”) and that the copyright to the D&B Product is and shall remain with D&B. Customer also agrees that Customer will not use any D&B trade name, trademark, service mark, logo, or copyrighted materials in any manner without the prior written approval of D&B.

2. D&B Product is licensed to Customer for its internal legitimate business use and for no other purpose. None of the D&B Product may be made available in whole or in part to any third party. Customer agrees that Customer is expressly prohibited from using the D&B Product as a factor in establishing an individual’s eligibility for (i) credit or insurance to be used primarily for personal, family or household purposes, or (ii) employment. Customer represents and warrants that Customer’s use of D&B Product shall comply with all applicable laws and regulations under any circumstances.

3. Customer shall not use the D&B Product in any way that: (A) infringes, misappropriates, or violates a third party’s intellectual property or proprietary rights, including rights of privacy and publicity; (B) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (C) is fraudulent, false, misleading, or deceptive.

4. Customer agrees that the D&B Product and any Derivative Information may not, unless approved in advance by D&B, be used in whole or in part: (i) to develop a substitute for the D&B Product, or to compete with or replace the D&B Product of D&B; or (ii) in or with proprietary or third party generative Artificial Intelligence Technology (such as, but not limited to, ChatGPT and Gemini for Google Workspace), including, without limitation, to train, ground, prompt, or tune large language models (LLMs), foundation models or other generative Artificial Intelligence Technology. “Artificial Intelligence Technology” means machine-based systems that are designed to operate with varying levels of autonomy, and that can, for a given set of objectives, infer, from the input received, how to generate predictions, recommendations, content or decisions that influence physical or virtual environments, including, but not limited to, deep learning NLP algorithms, Large Language Models, Small Language Models, generative AI systems, or any derivative technologies and applications, both as they exist today and as they may evolve in the future. “Derivative Information” means any enhancements, modifications or derivative works from and of D&B Product, in whole or in part (including in anonymized form).

5. D&B Product furnished hereunder may be used throughout the term Customer is expressly permitted. Upon expiration or termination of the license period, Customer shall immediately destroy all originals and copies of any D&B D&B Product, and upon request, provide D&B with certification thereof.

6. Customer agrees to indemnify, defend, and hold harmless D&B and its licensors and providers from any claim or cause of action arising out of or relating to use of the D&B Product by (i) individuals or entities which have not been authorized by D&B to have access to and/or use the D&B Product and (ii) Customer, when such use may be in violation of these terms.

7. Customer acknowledges that D&B and its licensors and providers make no representations or warranties of any kind with respect to the accuracy, current-ness, completeness, timeliness, merchantability, or fitness for a particular purpose of the D&B Product or of the delivery mechanism through which the D&B Product is provided.

8. Customer agrees that D&B and its licensors and providers will never be liable for consequential, incidental, special, punitive, or other indirect damages, even if advised of the possibility of such damages. Customer also agrees that D&B and its licensors’ and providers’ aggregate liability, if any, for any and all losses, damages, or injuries which Customer suffers arising out of any acts or omissions of D&B in connection with the D&B Product, regardless of the cause of the loss, damage, or injury (including negligence) and regardless of the nature or equitable right claimed to have been violated, shall never exceed the amount paid by Customer for the D&B Product or HKD10,000, whichever is greater.

9. Customer may, in its sole discretion, directly or indirectly, from time to time provide Customer Data to D&B and/or D&B global affiliates. Where Customer Data is provided to D&B for the purpose of providing services related to D&B, the Customer grants D&B a restricted, non-exclusive, revocable, royalty-free license to use such Customer Data solely for the purpose of providing the relevant services. Where Customer Data is provided for additional purposes to validate and/or enhance D&B's business information services, Customer grants D&B a non-exclusive, royalty-free license to use Customer Data for such purposes (D&B will not disclose the source of Customer Data unless required by law). D&B may disclose Customer Data to its global affiliates. Customer Data is any data provided to D&B by the Customer.

10. Customer agrees that D&B is a third party beneficiary of these terms.

11. D&B Product may include Restricted Data on U.S. businesses that operate as a Sole Proprietor, which is a business with a single owner and no formal legal entity structure. “Restricted Data” on Sole Proprietors includes financial information (including but not limited to revenue, sales, and financial statements), credit information (including but not limited to payment experience data or data in a credit report), diversity insights (including diversity ownership information), and IP address insights (including a business’s online activities or digital footprint).
Based on Applicable Law, D&B has implemented certain controls to restrict access to the Restricted Data to Customers and Customer users based in (or owned or controlled by a business or individual based in) Chinese Mainland, Hong Kong Special Administrative Region, Macau Special Administrative Region, Russia, Iran, North Korea, Cuba, or Venezuela. Customer hereby confirms that:
(i) Customer is one or both of the following: (a) Customer is based in (or owned or controlled by a business based in) Chinese Mainland, Hong Kong Special Administrative Region, Macau Special Administrative Region, Russia, Iran, North Korea, Cuba, or Venezuela, or (b) one or more of Customer’s users that will access D&B Product through the license granted to Customer is based in or owned or controlled by a business based in) Chinese Mainland, Hong Kong Special Administrative Region, Macau Special Administrative Region, Russia, Iran, North Korea, Cuba, or Venezuela.
(ii) Customer is a Restricted Party. No Restricted Party may proactively search nor otherwise attempt to access or use any Restricted Data in D&B Product.
(iii) If Customer discover that Customer has accessed or used the Restricted Data, Customer must promptly notify D&B at incident@dnb.com .
D&B monitors its systems for appropriate use and compliance. If D&B discovers that a Restricted Party has accessed Restricted Data, D&B will promptly take measures to remove such access, to delete any reports in its systems generated based on such access, and will require Customer to certify that it has deleted all copies of such data and reports that may have been generated, accessed, or downloaded. Failure to do so in the timelines prescribed by D&B may result in termination of Customer access to D&B Product.

12. D&B Product may include EEA Restricted Data. EEA Restricted Data may only be accessed by Customers who have a legitimate interest or are otherwise permitted access in accordance with Applicable Law. To meet these requirements, Customer must either: (i) be an obliged entity, or a competent authority or other permitted public authority, (in each case as defined by Applicable Law); or (ii) have a legitimate interest to access the EEA Restricted Data for managing risk and compliance obligations with respect to preventing money laundering, predicate offences (including those that may be linked to fraud, corruption, terrorism, organized crime, regulatory and suspicious activity reporting, sanctions, trade export requirements and restrictions, or other regulatory risks and associated obligations) or terrorist financing.
If Customer cannot confirm that it meets one of the conditions above, then Customer is prohibited from searching or otherwise attempting to access or use any EEA Restricted Data.
If D&B identifies that Customer has accessed or used EEA Restricted Data in breach of the foregoing restriction, D&B will promptly take measures to remove such access, to delete any reports in its systems generated based on such access and will require Customer to certify that it has deleted all copies of such Information and reports that may have been generated, accessed, or downloaded. Failure to do so may result in termination of Customer’s access to D&B Product.
Customer must promptly notify D&B at incident@dnb.com if it identifies any unauthorised access to or use of EEA Restricted Data.
“EEA Restricted Data” means any of the following information about a Beneficial Owner that originates from a central beneficial ownership register within any member state of the European Economic Area (EEA): name, month and year of birth, country of residence, nationality or nationalities, and nature or extent of beneficial interest held.
“Beneficial Owner” means any natural person who ultimately owns or controls a legal entity, an express trust, or a similar legal arrangement.

 

II. SPECIAL TERMS (relevant terms below will apply for specific D&B Product used by Customer)


D&B Data Blocks

1. If Customer select:

(1) Data Blocks for Sales & Marketing: Customer is licensed to access and useService solely for use within the “Sales & Marketing” domain (that is, mailing lists, segmentation analysis, campaign management, call center management, lead generation, sales channel management, sales force automation, customer acquisition and order entry).

(2) Data Blocks for Finance:Customer is licensed to access and useService solely for use within the “Finance” domain (that is, credit scoring (including online and batch applications), credit evaluation, customer accounts receivable analytics and management).

(3) Data Blocks forSupply:Customer is licensed to access and useService solely for use within the “Supply” domain (that is, supply chain analytics, supplier evaluation, supplier normalization/rationalization, monitoring, and management, , e-procurement catalog, trading partner, and bid management, logistics, materials and inventory management, accounts payable, general ledger analysis, strategic sourcing, and balance of trade analysis).

(4) Data Blocks forCompliance:Customer is licensed to access and useServicesolely for use within the “Compliance” domain (that is, managing enterprise risk across counterparties and securities and complying with government or industry regulations and internal controls).

2. Scope of License: Customer is hereby granted a non-exclusive, limited, personal, revocable license to access and use theServices (which may include software) solely for theuse identified within theService.

3. Geographic Restriction: CUSTOMER SHALL (AND SHALL PROCURE THAT ITS USERS SHALL) ONLY ACCESS AND/OR USE THE SERVICES IN HONG KONG SAR (THE“TERRITORY”) TO SUPPORT ITS BUSINESS OPERATIONS SITUATED WITHIN THE TERRITORY ONLY. Customer shall not set up or share its API Key or user IDs or passwords outside the Territory, nor may it shareinformation accessed under the Servicewith persons located outside the Territory.

4. Termination: the Service cannot be cancelled by Customer prior to the end of the Service.

5. Data Lifecycle Policy: The Services licensed are subject to D&B’s Global Product and Data Lifecycle Policy, as set forth at https://www.dnb.com/utility-pages/product-lifecycle-policy.html which is incorporated herein.

6. Contact Information: If D&B for Sales & Marketing is selected above the following shall apply.  Data Subjects have not opted in or otherwise expressly consented to receive direct electronic marketing from Customer. Applicable marketing legislation relating to the locality of Data Subjects should be checked prior to direct marketing.  D&B will inform Customer of Data Subjects who have informed D&B they object to receiving direct marketing. Their objection is either indicated on their record or their details are provided in a separate file to Customer. It is Customer responsibility to check these sources (as well as their own and any industry opt out lists such as the Mail Preference Service and Telephone Preference Service) and observe their objection. D&B shall not be liable for any damages, losses, costs, claims or expenses with respect to any data privacy legal or compliance violation arising out of or related to Customer’s use of Contact Information.  Customer’s use of the Contact Information shall be for its own marketing and sales purposes and all opt out provisions and/or opt out links in Customer’s marketing and sales materials shall pertain to opting out of Customer’s marketing lists and/or Customer’s databases only. “Contact Information” means professional information D&B collects and compiles relating to a person in the context of business which may include but is not limited to, names, titles, business phone and facsimile numbers, wireless devices, e-mail addresses and physical addresses, and social media handles. “Data Subject” means an individual person who is the subject of, represented within or identifiable by Contact Information.

7. Levels: Details of the different levels shown in the Data Blocks tables are set forth at https://directplus.documentation.dnb.com/ which is incorporated herein.

8. Customer is licensed to use the Services solely for the use(s) identified within theproductdescription.

9. Customer may not sharetheinformationaccessed under the Servicewith third parties to support or facilitate the conversion ofthe informationaccessed under theServiceto digital identifiers intended to support online advertising, targeting, marketing or related activities which would compete with similar D&B services.

10. Customer will be entitled to and issued one production and one development unique “access ID” (also referred to as an "API-key").

11. Customer may place up to 1,000 API calls per calendar week across all entitled services when using the issued development API-key.

12. Customer agrees to share its usage metrics with D&B including but not limited to increase in conversion rates, increase in number of leads, number of pages visited, and number of minutes on the website.  This data may be used for purposes of product enhancement and/or to develop supporting materials.

13. D&B DIRECT PLUS - TERMS & CONDITIONS

(1) Customer has access to data at a rate of up to 5 Queries Per Second. Customer shall not perform or permit bulk/batch loads using any Software unless it has received D&B's prior written approval. D&B reserves the right to limit the volume of inquiries placed at any time. Customer also shall not robotically or otherwise automatically harvest data through any Software.

(2) Customer agrees that it will upgrade its hardware and/or software, at its own expense, in order to maintain compatibility with Service modifications which are made from time to time. Customer will cooperate with and provide all necessary information and resources to assist D&B in providing the Service to Customer.

14. D&B COMPLIANCE SCREENING TERMS

(1) If Customer has selected D&B Compliance Screening under this Order, Customer is licensed to use the Services solely for supply and compliance use limited to supply chain analytics, supplier evaluation, supplier normalization/rationalization, supplier monitoring and management, strategic sourcing, e-procurement catalog, trading partner, bid management, logistics, materials and inventory management, accounts payable, general ledger analysis and balance of trade analysis, and managing enterprise risk across counterparties and securities, and complying with authority or industry regulations and internal controls.

(2) The use of Services applies to Customer as it exists on theeffectivedateofServicelicense. Expanded use of the Services due to a merger or acquisition (including the acquisition of a portfolio) requires D&B’s prior written consent.

(3) D&B’s screening services provides published and publicly available information on Data Subjects (collectively, “Information”) to assist the Customer in assessing and managing risk with respect to legal and regulatory compliance obligations including money laundering, fraud, corruption, terrorism, organized crime, regulatory and suspicious activity reporting, sanctions, embargoes, and other regulatory risks and associated obligations (“Regulatory Compliance Obligations”).  “Data Subject” means the entity that is to be the subject of screening or the living individual to whom personal data is related who is to be the subject of screening and all levels of Customer file expansion described above. “Entity” means the organization names, whether they are the primary name associated with a D-U-N-S, a trade style, a linked D-U-N-S or a beneficial owner, and, individual people names (for example principals), that has been sent as a key string to the screening vendor to identify a potential match on that vendors database.

(4) Customer’s Representations, Warranties and Covenants. Customer hereby represents, warrants and covenants to D&B as follows:

(a) That with respect to applicable data protection laws and regulations governing the processing of information relating to an identified or identifiable natural person or information considered to be personal information as defined under applicable laws (“Personal Information”), that Customer is acting as Data Controller and D&B and its third party information providers are acting as Data Processors and that Customer is directing the processing of Personal Information of Data Subjects for a valid and lawful purpose;

That Customer has used reasonable care to provide HDCB with the correct identifying information for the Data Subjects in English and local language, including native characters; 

That Customer’s use of any Information shall in all cases comply with all applicable laws and regulations and all applicable data protection laws and that the Information is to be used for Customer’s Regulatory Compliance Obligations;

That Customer has all rights and authorizations (including obtaining necessary consents) from and with respect to the Data Subjects, including Data Subjects identified by D&B through file expansion, to the extent required under applicable law for processing their information in accordance with the terms herein; 

(b) If Customer receives any complaint, notice or communication which relates directly or indirectly to the Services, any data provided under the Services, or to either party's legal compliance, or the parties' privacy policies, it shall immediately notify D&B and it shall provide D&B with full co-operation and assistance in relation to any complaint, notice or communication;

(c) Customer shall notify D&B as soon as possible if it receives a request from any individual (including but not limited to a Data Subject) for access to that person's personal data or the attempted exercise of any similar request including but not limited to any right to be forgotten and shall ensure that D&B is notified of the request before Customer responds to or deals in any way with that request, and shall provide D&B with full co-operation and assistance in relation to any such request; 

Customer agrees to indemnify, defend and hold harmless D&B and its third party information providers from any claim or cause of action against D&B or its third party information providers arising out of or relating to use of the Services by (i) individuals or entities which have not been authorized byD&Bto have access to and/or use the Information and (ii) Customer, which use is in violation of the representations, warranties and covenants above.

 

Global Registry Data

1. Purpose of Use for CR/BR Services

When Customer requests company registration information provided by CR, Customer shall use the Services only for its internal use for one or more items of below purposes:

(1) whether Customer is dealing with a company or its directors or other officers, in matters of or connected with any act of the company;

(2) whether Customer is dealing with a director or other officers of a company in matters of or connected with the administration of the company, or of its property;

(3) whether Customer is dealing with a person against whom a disqualification order has been made by a court;

(4) whether Customer is dealing with a person who has entered into possession of the property of a company as mortgagee;

(5) whether Customer is dealing with a person who is appointed as the provisional liquidator or liquidator in the winding up of a company;

(6) whether Customer is dealing with a person who is appointed as the receiver or manager of the property of a company;

(7) the particulars of the searched company, its directors or other officers, or its former directors (if any), or the particulars of the person mentioned in (1) to (6) above;

(8) the particulars of a limited partnership registered under the Hong Kong Limited Partnerships Ordinance;

(9) the particulars of a trustees corporation registered under the Hong Kong Registered Trustees Incorporation Ordinance;

(10) whether Customer is dealing with the general partner in a limited partnership fund, the authorized representative of the fund (if any), or the investment manager of the fund, in relation to the administration of the fund or its property;

(11) the particulars of a limited partnership fund, the general partner in the fund, the authorized representative of the fund (if any), the investment manager of the fund, a former general partner in the fund (if any), a former authorized representative of the fund (if any), or a former investment manager of the fund (if any);

(12) the particulars of a money lenders licence, an application for the grant or renewal of a money lenders licence, or other matters, kept in the register of money lenders under the Hong Kong Money Lenders Ordinance.

When Customer requests company registration information provided by BR, Customer shall use the Services only for its internal use to determine whether a business has been registered under the Business Registration Ordinance (Chapter 310) and to obtain details of the registered business.

2. Any Personal Data and/or Regulated Data collected is incidental to the said companies registry information and is provided as is, with no warranties as to its accuracy or usability by Customer. Customer warrants and undertakes that it has obtained all necessary authorisations, consents, and rights, including but not limited to any required consents from the Data Subject, whenever any Personal Data and/or Regulated Data is collected or otherwise processed, where applicable. Customer further warrants and undertakes that any collection, use, storage, transfer or otherwise processing of such Personal Data and/or Regulated Data shall not infringe any third party rights and shall comply with all Applicable Law.  D&B hereby expressly disclaims any and all liabilities for any claims in relation to such Personal Data and/or Regulated Data or any part thereof

3. When Customer requires data from CR and/or BR, Customer authorizes D&B and its Affiliates to act on its behalf as its agent when Customer needs companies registry information from register authorities and related departments and agencies such as the Hong Kong Companies Registry. Customer understands that D&B’s role in providing any companies registry information, where applicable, shall only be provided in accordance with Customer’s request while D&B shall only act as a data processor for and on behalf of Customer.

4. CR data supplied under the Serviceshall only be used for business activities within the Hong Kong jurisdiction.

5. Unless otherwise agreed by the parties, Customer may access data via the API with a concurrency of 1 and a maximum of 1,500 calls per individual API per calendar day. Customer shall not perform or permit bulk/batch loads using any Software unless it has received D&B's prior written approval. D&B reserves the right to limit the volume of inquiries placed at any time. Customer shall also not robotically or otherwise automatically harvest data through any Software (including but not limited to web crawling methods such as crawlers and robot programs).

6. Customer agrees to fully indemnify and keep D&B and D&B’s Third Party Providers indemnified against all actions, demands, costs, losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by D&B or D&B’s Third Party Providers arising out of any of the following:

(1) Customer’s breach of theseTerms of D&B Serviceor its negligence, or other act, omission or default in relation to its use of theService;

(2) Customer's misuse of the Services; or

(3) Customer infringing third party intellectual property rights.

7.  In making the Services available to Customer, D&B and D&B Affiliate will comply with all applicable laws, regulations, executive orders, or requirements from the government supervision authorities from time to time (“Applicable Laws”). Customer understands and agrees that D&B has right to make adjustments to the Services it provides (including but not limited to content modification, version update, suspending/termination of Services) to comply with the Applicable Laws. D&B will timely communicate with Customer on the adjustment, and such adjustment shall not be deemed as a breach by D&B.

8.  UNLESS STATED OTHERWISE IN THE TERMS OF D&B SERVICE, THE SERVICECANNOT BE CANCELLED BY CUSTOMER PRIOR TO THE EXPIRY OFLICENSE TERM OF SERVICE.

 

China Data by Topics

1. Scope of License: Customer is hereby granted a non-exclusive, limited, personal, revocable license to access and use the Services (which may include Software) solely for the Use(s) identified within the Product Descriptionofthe Service.

2. Termination: TheServicecannot be cancelled by Customer prior to the end of theService.

3. Data Lifecycle Policy: The Services licensed are subject to D&B’s Global Product and Data Lifecycle Policy, as set forth at https://www.dnb.com/utility-pages/product-lifecycle-policy.html which is incorporated herein.

4. If Customer purchases the Data API & MCP delivery services, Customer will be entitled to and issued the corresponding production and development unique “access ID” (also referred to as "API-key") at the same time. The validity period of the production API-key is the same as the License Term of theService, and the validity period of the development API-key is 2 months from the date of issuance.

5. Customer has access to data at a rate of up to 5 Queries Per Second per individual interface when using the API & MCP (The MCP bulk query service supports a maximum of five (5) concurrent tasks. Additional bulk queries may be submitted only after ongoing tasks are completed.). Customer shall not perform or permit bulk/batch loads using any Software unless it has received D&B's prior written approval. D&B reserves the right to limit the volume of inquiries placed at any time.  Customer also shall not robotically or otherwise automatically harvest data through any Software (including but not limited to web crawling methods such as spiders or bots).

6. Customer will cooperate with and provide all necessary information and resources to assist D&B in providing the Service to Customer. Customer agrees that it will upgrade its hardware and/or software, at its own expense, in order to maintain compatibility with Service modifications which are made from time to time.


D&B D-U-N-S® REGISTERED® SERVICE (for Mongolia market)

1. PURPOSE OF USE

Customer is licensed to use the service only for the purpose of business promotion.

2. GEOGRAPHIC RESTRICTION

Customer shall only access and/or use the information and services in Hong Kong SAR and Mongolia.

3. D&B D-U-N-S® REGISTERED® PROFILE

3.1 Customer agrees to provide information concerning its business (“Customer Information”) to D&B, by submitting the Registration Form to D&B. The copies of the Customer Information shall become the sole and exclusive property of D&B and D&B shall be entitled to keep, use or authorize use without restriction of all the copies of the Information it receives from the Customer. The Customer shall at its own expenses fully assist D&B to verify the Information. Subsequently, D&B shall determine if Customer qualifies for D&B D-U-N-S® Registered® Service. With verified information of the Customer, D&B shall establish and maintain a D&B D-U-N-S® Registered® profile (“Profile”) of the Customer on the various platforms of D&B D-U-N-S® Registered® Service (“Platforms”) within the service period as specified in the Order Form. D&B shall provide the Customer with a “D&B D-U-N-S® Registered®” seal (an electronic icon that can be installed in the Customer’s official website if applicable) that links to its Profile on D&B’s Platforms.

3.2 The Customer agrees and warrants the following:

3.2.1 The Customer Information contained in the Registration Form is – and any other supplementary information with respect to Customer’s business as may be provided by Customer to D&B from time to time shall be - complete, current and accurate. Customer has all necessary legal rights, title, consents and authority to provide Customer Information to D&B.

3.2.2 Customer shall proactively inform D&B immediately if there is any change in the Customer Information or other major issues relating to the Customer’s business, including but not limited to a (filing for) bankruptcy, liquidation, (petition for) suspension of payments, criminal proceedings, etc. In addition, Customer shall update the Customer Information annually at the request of D&B.

3.2.3 Customer is prohibited to use the D&B D-U-N-S® Registered® service: (a) anywhere else other than on Customer’s webpage without D&B’s prior written consent (b) for obtaining credit or insurance (c) to engage in any unfair or illegal practices and/or (d) for any other purpose for which the D&B D-U-N-S® Registered® has clearly not been intended.

3.2.4 Customer acknowledged that the Customer’s website (if any) or other websites designated by the Customer, where the D-U-N-S® Registered® Seal is installed or other services provided for the Customer on D&B’s Platforms link to, shall not contain information which is illegal, illicit, obscene, defamatory, infringing to third parties and/or harmful to the reputation of D&B.

3.2.5 Customer agrees that it will only use services in compliance with all applicable laws, regulations and directives (including without limitation applicable Privacy Laws, Anti-Corruption Laws, legislation and regulations regarding anti-spam, export control, marketing by means of electronic communications services, customer solicitation, consumer protection and consumer credit).

3.3 After D&B D-U-N-S® Registered® is delivered to the Customer, Customer is obligated to acknowledge the receipt of the delivery within five (5) working days from the date of the delivery communication. Otherwise, the delivery is deemed as accepted by the Customer after five (5) working days from the date of delivery communication.

4. INTELLECTUAL PROPERTY

4.1 Customer acknowledged that D&B or its associated entity is the sole owner and proprietor of all the intellectual property rights in all D&B D-U-N-S® Registered® Profiles displayed on D&B’s Platforms as well as all relevant research, articles, photos and any other compiled information made by D&B relating to its customers’ business on the Platforms (“D&B’s Proprietary Information”). Customer shall not copy, modify, reproduce, repackage, resell, display, publish, transmit, transfer, disseminate D&B’s Proprietary Information, in whole or in part, in any form or manner or by any means whatsoever without the prior written permission of D&B.

4.2  The“D&B D-U-N-S® Registered® seal and other proprietary logos or trademarks as may be displayed on D&B’s Platforms and the Customer’s website (if any) (“D&B’s Proprietary Marks”), are owned either by D&B or its associated entity, as the case may be, and D&B or such associated entity is the sole owner and proprietor of the IP Rights therein. Customer shall not take, directly or indirectly, any action inconsistent with, derogatory to or otherwise undermining IP Rights and relevant interests of D&B’s Proprietary Marks, including but not limited to: (i) copying, modifying, reprinting D&B’s Proprietary Marks or using them outside of its website without D&B’s prior written permission; (ii) adoption, using, registering or attempting to register any logo and/or trademark confusingly similar to the D&B’s Proprietary Marks.

4.3  Any action infringing the intellectual property rights of D&B by the Customer will cause irreparable injury to D&B or its associated entity, and D&B shall be entitled to suspend or terminate D&B D-U-N-S® Registered® service without any refund and claim for compensation for its losses (including lawsuit costs, attorney fee and any other cost or expense relating to such claim).

5.  TERMINATION

The service is not binding upon D&B until accepted by it. D&B may terminate the service at any time and with immediate effect in the event of a breach thereof by the Customer, and otherwise upon 30 days’ written notice, in which latter event D&B shall refund the unused balance of the amount paid by the Customer under the service.

6.  DISCLAIMER OF LIABILITY & INDEMNITY

6.1.  D&B DOES NOT GIVE ANY WARRANTY WHATSOEVER, INCLUDING BUT NOT LIMITED TO, AS TO THE COMPLETENESS, TIMELINESS AND ACCURACY OF D&B’S PROPRIETARY INFORMATION AND EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED UNDER THE APPLICABLE LAW, ALL LIABILITY FOR DIRECT OR INDIRECT LOSSES RESULTING FROM THE USE OF OR RELIANCE ON D&B’S PROPRIETARY INFORMATION.

6.2.  Customer will indemnify, defend, and hold D&B and its directors and employees (the “D&B Indemnitees”) harmless from and against any liabilities, damages, costs or expenses (including attorney’s fees and lawsuit costs) suffered by D&B or any D&B Indemnitees in connection with any claim by a third party arising from or in any way related to (i) the information on the Customer’s website (if any) or other websites designated by the Customer, where the D&B D-U-N-S® Registered® seal is installed or other services provided for the Customer on D&B’s Platforms link to; (ii) the Customer Information provided by the Customer to D&B and the Customer’s conduct of business; (iii) any breach of these T&Cs by the Customer and its employees or agents.

 

Compact Report (for Mongolia market)

1.  PURPOSE OF USE: Customer is licensed to use the service only for the purpose of risk management, risk management is included but not limited to credit scoring, credit assessment, client account receivable analysis and management.

2.  GEOGRAPHIC RESTRICTION: Customer shall only access and/or use the information and services in Hong Kong SAR and Mongolia.