TERMS AND CONDITIONS OF USE

EFFECTIVE AS OF 25 MAY 2018

Welcome to the International Council for Commercial Arbitration website or Young ICCA website (the “Websites”). The International Council for Commercial Arbitration (“ICCA,” “we” or “us”) exists to promote the use and improve the processes of arbitration, conciliation and other forms of international commercial dispute resolution. These terms of use, together with our Privacy Policy, which is hereby incorporated by reference (collectively, these “Terms of Use”) govern your use of the Websites.

Please read these Terms of Use carefully before using the Websites, registering for ICCA membership or Young ICCA membership or signing up to receive e-newsletters from ICCA.
By accessing the Websites or by clicking to agree to these Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use, including our Privacy Policy. If you do not agree to these Terms of Use, including the Privacy Policy, please do not register for ICCA or Young ICCA membership or use the Websites.

Certain parts of the ICCA website  are made available only to ICCA members on a password-protected basis.  You must register to become a member of ICCA.  Viewing and use of public pages of the Websites is not restricted to ICCA members.

1.  Registration as ICCA member or Young ICCA member and Account Security. To become a member of ICCA, you must fill out a membership application.  Registration as an ICCA member is required to enjoy benefits including discounts on ICCA publications and events, advance notice of ICCA events and inclusion in the ICCA Membership Directory (online and hard copy). When you register to become a member, you will be asked to provide certain information, including your name, date of birth, contact details, job title and employer, physical address, nationality/nationalities and languages spoken. Please ensure that all such information is correct, current, and complete and please ensure that you notify us of any changes to such information. Our use of the information that you provide to us is governed by the Privacy Policy.  Please keep your user name and password confidential and please notify us immediately of any unauthorized use of your user name or password or any other breach of security.

To become a member of Young ICCA, you must fill out a membership application. Registration as a Young ICCA member is required to enjoy benefits such as inclusion in a list of Young ICCA members accessible through the Young ICCA website and the opportunity to vote in elections for the Young ICCA co-chairs, as well as receipt of periodic membership emails with Young ICCA-related news, including advance notice of ICCA- and Young ICCA-related products and services, and ICCA- and Young ICCA-sponsored events and activities.

When you register to become a member of Young ICCA, you will be asked to provide certain information, including your name, contact details, employer, year of birth, nationality/nationalities, gender, motivation for applying for membership and a description of your previous exposure to arbitration. Please ensure that all such information is correct, current and complete and please ensure that you notify us of any changes to such information. Our use of the information that you provide to us is governed by the Privacy Policy.

    2.  Limited License. We grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Websites and their contents solely for your personal use in accordance with these Terms of Use. This license entitles you to print or download one copy of a reasonable number of pages of the Websites for your own use, without any further reproduction, publication, or other distributions.  

3. Limitations on Use.  You agree not to use the Websites:
•    For commercial exploitation.
•    In any way that violates any applicable law or regulation or any law or regulation of any other country, including any intellectual property law or any right of privacy or publicity.
•    In any manner that could disable or impair the Websites or interfere with any other user’s use of the Websites.
•    Using any device, software, or routine that interferes with the proper working of the Websites.

ICCA reserves the right to remove any content that violates the foregoing.

4. Not Legal Advice. Content on the Websites is not intended to and does not constitute legal advice, and no attorney-client relationship is formed, nor is anything submitted to the Websites treated as confidential unless otherwise specified in these Terms of Use.

5. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license under copyright or other intellectual property rights. You agree that the Websites and their contents, features, and functionality are owned by ICCA, its licensors, or other providers of such material and are protected by intellectual property laws, including copyright and trademark laws.

6. Termination.  If you are an ICCA member, for any violation by you of these Terms of Use, we reserve the right to suspend or terminate your membership and cancel your use of or deactivate your membership immediately and without notice to you.

You may cancel your ICCA membership at any time.  If you do so, you must notify ICCA immediately by sending us an email at the address below.

Upon termination, suspension, deactivation or cancellation of your ICCA membership, we will remove you from both the electronic and hardcopy membership directory within a reasonable time and you may not use or attempt to use the password-protected portions of the Website thereafter.

If you are a Young ICCA member, for any violation by you of these Terms of Use, we reserve the right to suspend or terminate your membership and cancel your use of or deactivate your membership immediately and without notice to you.

You may cancel your Young ICCA membership at any time. If you do so, you must notify ICCA immediately by sending us an email at the address below.

Upon termination, suspension, deactivation or cancellation of your Young ICCA membership, we will remove you from the list of Young ICCA members accessible through the Young ICCA website within a reasonable time.

7. Advertisers. The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted or approved for inclusion on the Websites is accurate and complies with applicable laws. ICCA is not responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

8. DISCLAIMER. ICCA does not represent or warrant that the Websites or their content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. ICCA does not warrant or represent that the content available on or through the Websites will be correct, accurate, timely, complete, available, or otherwise reliable. ICCA disclaims all representations and warranties whether express, implied or statutory, including, but not limited to, warranties of non-infringement, satisfactory condition or quality, merchantability and fitness for a particular purpose, with respect to any services, or other materials or information provided by ICCA.

Third-party content may appear on the Websites or may be accessible via links from the Websites. The information and opinions in any third-party content is neither endorsed by nor does it reflect the opinions of ICCA, its officers, members, employees or agents.

9. LIMITATION OF LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, ICCA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY CONTENT ON OR AVAILABLE THROUGH THE WEBSITES. ICCA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITES OR SUCH CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, ICCA’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO €1.00.

10. Indemnification. You agree to indemnify, defend and hold harmless ICCA, and its officers, members, employees, agents, licensors, suppliers, and any third-party content providers to the Websites, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, that result from or relate to any violation of these Terms of Use by you, or of any intellectual property or other right of any person or entity, whether by you or by any person using your credentials.

11. Third Party Rights. The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability), and 10 (Indemnification) are for the benefit of ICCA and its officers, members, employees, agents, licensors, suppliers, and any third-party content providers to the Websites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

    12. Remedies for Violations. ICCA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet Protocol address to the Websites and their features.

13. No waiver. No waiver of any provision of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

14. Governing Law and Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of The Netherlands. All disputes arising in connection with these Terms of Use or resulting from them, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be The Hague, the Netherlands. The arbitral procedure shall be conducted in the English language.

15. Amendments. ICCA reserves the right to change the content on or functionality of the Websites or to discontinue the Websites in its sole discretion and without notice and ICCA reserves the right to amend these Terms of Use at any time, as it deems appropriate. Amended versions of these Terms of Use will appear on the Websites and are effective immediately upon posting. You are responsible for regularly reviewing these Terms of Use. By maintaining and renewing your membership or by continuing use of the Websites after any such changes you consent to such changes. If, at any time, you choose to no longer be bound by these Terms of Use, including following any such amendment, you must stop using the Websites and immediately contact ICCA about canceling your ICCA or Young ICCA membership, if applicable.

16. Contact Us. If you have any comments or questions regarding your membership or these Terms of Use or wish to report a violation of these Terms of Use, please contact us at bureau@arbitration-icca.org.