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Terms of Use

Last updated: January 2025

These terms and conditions govern access to and use of the BIMP-EAGA-Republic of Korea Cooperation Fund (BKCF) website (the "BKCF Portal").

The BKCF Portal is operated and administered by the Global Green Growth Institute (GGGI) in its capacity as Fund Depository of the BKCF, on behalf of the Republic of Korea and in cooperation with relevant BKCF governance bodies.

By accessing or using the BKCF Portal, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms and Conditions, you must not access or use the BKCF Portal.

1. Purpose and Scope of the BKCF Portal

The BKCF Portal is designed to support the management of the BKCF, including but not limited to: • Providing public information about the BKCF; • Announcing and managing BKCF Calls for Proposals; • Registration of prospective proponents and authorized users; • Submission, evaluation, and processing of project proposals; • Management of BKCF-funded projects, including reporting and monitoring; • Facilitation of communication among authorized stakeholders. Certain information made available through the BKCF Portal, including general information about the BKCF and announcements of Calls for Proposals, may be accessed by the public for informational purposes only. The BKCF Portal does not constitute an offer, commitment, or guarantee of funding. All funding decisions are subject to applicable BKCF rules, procedures, and approvals.

2. Eligibility

Registration and use of restricted features of the BKCF Portal are limited to authorized users, including prospective proponents, selected project proponents, reviewers, and other stakeholders approved by GGGI for BKCF-related purposes. Users agree to: • Provide accurate, complete, and current information during registration; • Act in an official or authorized capacity on behalf of the institution they represent, where applicable; • Use the BKCF Portal only for legitimate BKCF-related purposes and in accordance with the Terms of Use.

3. Access and Use

You may print, download, and store information from the BKCF Portal for your own convenience and for your personal, non-commercial use, without any right to resell or redistribute them or to compile or create derivative works therefrom, unless with the prior written consent of GGGI. For certain information, GGGI may provide more specific restrictions and specific terms of use, which are hereby incorporated by reference. These specific terms and restrictions are available in the BKCF Portal where the information is made accessible. When using the information in the BKCF Portal, you agree to provide proper attribution to GGGI and BKCF, including the relevant member country, the individual author of the information, and any third-party information provider, in the following format: "The use of this information is with permission from GGGI and BKCF, subject to the Terms and Conditions." However, you must not implicitly or explicitly represent or suggest participation, endorsement, sponsorship, approval or affiliation by GGGI in the manner and use of the information. You may not use the trademark, official mark, official emblem, or logo of GGGI included in this System for promotion or publicity without the prior written consent of GGGI or, in any event, represent or imply an association or affiliation with GGGI.

4. Intellectual Property

The BKCF Portal and all information and tools are owned, as the case may be by GGGI, its donors, partners, service providers, licensors, users, or other providers of such information, and are and may be protected by one or more copyright, trademark, patent, and trade secret laws, or other proprietary rights regimes, and international treaties.

5. Responsible Use

You are responsible for the use of the BKCF Portal, including the tools that enable you to upload, post, communicate, or share information. You agree not to use the BKCF System and the tools to do any of the following: • Violate any applicable law or encourage or provide instructions to another to do so. • Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all consents therefore as may be required by law. • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer. • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded. • Misrepresent your identity, including by impersonating GGGI or its staff. • Falsify the origin or source of software or other material contained in a file that is uploaded. • Collect or store personal information about anyone. • Advertise or offer to sell any goods or services, or provide any investment advice or otherwise violate applicable securities laws. • Attempt to gain unauthorized access to GGGI's computer systems or networks, through hacking, password mining or any other means. • Circumvent, disable or otherwise interfere with security-related features of the BKCF Portal. GGGI reserves the rights to and may take without notice to you any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.

6. Disclaimer

The use of the BKCF Portal is at your own sole risk. The information is provided on an "as is" and "as available" basis. GGGI expressly disclaims to the full extent permitted by law all warranties of any kind related to the BKCF Portal, information, and tools, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. You agree that you will be responsible for any damage or loss to you or to a third party that may occur due to the use of the BKCF Portal and its tools. GGGI specifically makes no representation or warranty that the BKCF Portal, information, and tools will meet your individual needs and expectations, or that the BKCF Portal, information, and tools and services will be accurate, reliable, timely, uninterrupted, secure, virus-free or error-free. The BKCF Portal may contain information owned by various information or content providers. GGGI does not warrant or represent control or ownership of such information. Reliance upon such information or content shall be at your own risk. The BKCF Portal may include links to other websites for the convenience of users. These links are provided as a courtesy only and do not mean or imply control or endorsement of the linked website and its content by GGGI.

7. Limitation of Liability

GGGI shall have no liability, under any circumstances, including, but not limited to negligence, for any direct, indirect, incidental, special or consequential damages incurred by you in connection with or arising out of these Terms and Conditions, use of the BKCF Portal or inability to access the BKCF Portal, including, without limitation any liability for: • Loss of income or revenue • Loss of business • Loss of profits or contracts • Loss of anticipated savings • Loss of data • Loss of goodwill • Wasted management or office time • Any other loss or damage of any kind The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of your use of the BKCF Portal, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. GGGI reserves the right, at its own expense, to assume the exclusive defense of any matter subject to indemnification by you. If you are dissatisfied with any information on the BKCF Portal or with any of the Terms and Conditions, your sole and exclusive remedy is to discontinue using the BKCF Portal.

9. Applicable Law

These Terms and Conditions shall be governed by the laws of England. Any controversy or claim arising out of or relating to these Terms and Conditions or that contests the validity of these Terms and Conditions shall be settled by arbitration in accordance with the United Nations Commission on International Trade (UNCITRAL) Arbitration Rules as at present in force. The appointment authority for such arbitration shall be the London Court of International Arbitration. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The Parties agree to be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute. The place of arbitration shall be Seoul, Republic of Korea.

10. Preservation of Immunities

Nothing in or relating to these terms and conditions shall be construed as a waiver, renunciation or modification by GGGI of any immunities from suit or enforcement measures that it may enjoy under any international and national laws, any agreement between any parties or any international convention or customary international law.

11. Miscellaneous

GGGI reserves the right to amend these Terms and Conditions at any time, and such amendment will be effective immediately upon posting of the amendment on the BKCF Portal. Once the amendments are posted, your continued use of the BKCF Portal will be deemed acceptance of the modified terms and conditions. GGGI reserves the exclusive right, at its sole discretion, to alter, limit, or deny any user access to the BKCF Portal or any portion thereof, or discontinue the BKCF Portal, permanently or temporarily, without notice. The failure of GGGI to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by GGGI of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative. If a court of competent jurisdiction finds any provision (or part of a provision) of these Terms and Conditions invalid, unenforceable or illegal, the court should endeavor to give effect to the parties' intentions as reflected in the provision and the court ruling shall in no way affect the validity, enforceability or legality of the other provisions. GGGI reserves all rights not expressly granted under these Terms and Conditions, and does not grant any other rights by implication or estoppel or otherwise.

By using the BKCF Portal, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.