The World Bank Group Scaling Mini-Grid (SMG) templates (“Documents”) that may be accessed by you following review and assent to the terms set out below reflect IFC’s approach as a potential investor in mini-grid projects. The Documents remain subject to change at the discretion of IFC. By clicking “I Agree” at the conclusion of the terms set out below (“Terms”) and/or by using or accessing the Documents or any parts thereof, you accept and agree to be bound by the Terms.
Permitted use. Copyright in the Documents belongs to IFC. You may view, use, download and print the Documents, in whole or in part, in the ordinary course of your business and for your business purposes only. You may modify and distribute extracts or copies of the Documents, as is or as modified, in any medium or format, without a fee, to any third party, provided that you obtain from such third party to whom you provide the Documents or any parts thereof (each such recipient a “Transferee”) an acknowledgement of and an explicit agreement to be bound by these Terms.
No further rights. IFC does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights, except as expressly provided herein.
No reliance and no liability. You may not rely on the Documents or any parts thereof for any purpose, and you expressly disclaim any reliance on the Documents or any parts thereof. IFC is not responsible and expressly disclaims all liability for damages, losses, expenses, costs or other liabilities of any kind (collectively “Losses”) arising directly or indirectly from your use, reference to, or reliance on the Documents or any parts thereof. Your use of the Documents or any parts thereof is at your own risk; you assume complete responsibility for your Losses related to your use of the Documents or any parts thereof; and your sole remedy against IFC for such Losses or your dissatisfaction with the Documents or any parts thereof is to stop using the Documents.
No warranty and no representations. IFC does not guarantee and makes no representations about the accuracy, reliability, quality or completeness of the content included in the Documents, or the conclusions, judgments and views expressed herein, nor the compliance of the Documents with applicable law, and IFC accepts no responsibility or liability for any inaccuracies, omissions or errors (including, without limitation, typographical errors and technical errors) in the content whatsoever or for reliance thereon.
No legal/investment advice. The Documents are provided for your possible reference in connection with mini-grid financing transactions. Any use or distribution of the Documents should be considered with your own qualified counsel and is at your sole risk. The Documents do not constitute legal, securities, or investment advice, an opinion regarding the appropriateness of any investment, or a solicitation of any type, and may not be used or relied upon as any such advice or opinion.
No endorsement. You acknowledge that IFC does not endorse any use of the Documents by you or third parties, or any product or service that is or will be provided, whether directly or indirectly related to the Documents. You may not suggest that your use of the Documents constitutes such endorsement without IFC’s prior written consent.
Indemnification. You agree to indemnify, defend and hold IFC and its officers, directors, employees, affiliates, agents and licensors harmless from any and against all claims, losses, expenses damages and costs, including reasonable attorneys’ fees, resulting from any reliance upon the content of the Documents, or any violations of these Terms by you or by any Transferee. For the avoidance of doubt, by agreeing to these Terms, you expressly agree to obtain an indemnity to IFC, on the same terms set forth above, from each Transferee.
Severability. If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
Non-Waiver. The failure by IFC to exercise a right or require performance of an obligation under these Terms shall not affect IFC’s right to exercise its rights or require performance of an obligation under these Terms at any time thereafter, and shall not be a waiver of a breach by you or any Transferee of these Terms.
Injunctive Relief. You acknowledge that IFC would suffer irreparable harm upon any breach of the Terms, for which money damages would not be an adequate remedy at law. You accordingly agree that IFC shall be entitled to temporary and permanent injunctions and other equitable relief to prevent any such breach.
Trademarks. All names, logos and trademarks are the property of IFC and you may not use any of such names, logos or trademarks (including “IFC” and “International Finance Corporation” names and marks) for any purpose without the express prior written consent of IFC. Additionally, “International Finance Corporation” and “IFC” are registered trademarks of IFC and are protected under international law.
Further Queries. All other queries on rights and licenses, including subsidiary rights, should be addressed to IFC Communications, 2121 Pennsylvania Avenue, N.W., Washington, D.C. 20433. International Finance Corporation is an international organization established by Articles of Agreement among its member countries, and a member of the World Bank Group.
Governing Law and Dispute Resolution. These Terms and any dispute arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to the State of New York’s choice-of-law principles. You agree to submit to the exclusive jurisdiction over all disputes under these Terms in the federal and state courts in the State of New York located in New York County, and that you shall not contest such jurisdiction on any grounds, including without limitation on the ground that the forum is inconvenient.