General Terms and Conditions of the Counter Trafficking in Emergencies Digital Space

By using the website (Counter Trafficking in Emergencies) and all its pages (hereinafter referred to the “Website”), those who access it (the “User” or collectively “Users”) agree(s) to these Terms and Conditions of Use (hereinafter referred to as the “General Terms and Conditions”) contained herein.

Website

The Website is created, owned, hosted and administered by the International Organization for Migration (hereinafter referred to as "IOM"), an organization part of the United Nations system.

The Website provides public information and knowledge products on counter trafficking in emergencies (hereinafter referred to as the “Material”) including but not limited to resources, publications, and e-courses on the topic. All Material on this Website from IOM appears subject to the present General Terms and Conditions.

IOM maintains this Website as a courtesy to Users. The information presented herein is for informative purposes only. IOM grants permission to Users to visit the Website for the User’s personal or educational, non-commercial use, without any right to resell, redistribute or to compile or create derivative works therefrom, subject to the General Terms and Conditions outlined below and to more specific restrictions that may apply to specific Material within this Website. Any other use of the Materials requires the prior written permission of IOM.

Unless expressly stated otherwise, the findings, interpretations, and conclusions expressed in the Material on this Website are those of the various IOM staff members, consultants and advisers or third parties who prepared the work and do not necessarily represent the views of IOM or its Member States.

IOM reserves its exclusive right in its sole discretion to alter, limit or discontinue the Website or any Material in any respect. IOM shall have no obligation to take the needs of any User into consideration in connection therewith.

IOM reserves the right to deny in its sole discretion any User access to this Website or any portion thereof without notice.

Information regarding IOM’s collection, storage, use and dissemination of User information is outlined in the Privacy Policy.

Use of the Website

The User agrees to use the Website only in the General Terms and Conditions set forth, that are proper and related to the purpose of the Website. By way of example and not as a limitation, the User agrees that when using the Website, they shall not do any of the following:

(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(b) Publish, post, distribute or disseminate any defamatory, infringing, discriminatory, obscene, indecent or unlawful material or information;

(c) Upload or attach files that contain software or other Material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by applicable law;

(d) 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;

(e) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

(f) Falsify the origin or source of software or other Material contained in a file that is uploaded;

(g) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another User that the User knows, or reasonably should know, cannot be legally distributed in such manner.

The User specifically acknowledges and agrees that IOM is not liable for any conduct of any User.

Further, the User acknowledges that postings, conferences, webinars, emails and other communications by other Users are not endorsed by IOM, and that such communications shall not be considered to have been reviewed, screened, or approved by IOM. IOM reserves the right to remove, for any reason and without notice, any content received from Users.

Intellectual Property

All intellectual property rights, including copyright, relating to the Materials on the Website shall remain vested in IOM, unless otherwise stated. IOM reserves the right to assert ownership of the Materials collected on the Website.

The Materials may be viewed, downloaded, and printed for non-commercial use only, without, inter alia, any right to sell, resell, redistribute or create derivative works therefrom. At all times the User shall credit IOM as the source, unless otherwise stated. The User must include the URL of the Materials from the Website, and credit IOM as the source as follows:

Third-Party Content

This Website may contain advice, opinions and statements of various information providers. IOM does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any User of this Website or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at the User’s own risk.

The third-party content provided on the Website may be the intellectual property of the third parties content providers. Permission to use such Material must be requested from the copyright owner.

IOM Name and Logo

IOM Name and Logo are exclusively owned by IOM. The use of the IOM name and logo, including copying or reproducing in any form without prior written permission of IOM is prohibited.

To request permission to use the IOM name or logo, please contact:

International Organization for Migration

Publications Unit

17 route des Morillons, CH-1211 Geneva, 19 Switzerland

E-mail: hq@iom.int

Indemnity

The use of the Website is at the User's sole risk. By using the Website, the User agrees to defend, indemnify and hold harmless IOM, its employees, information providers and content providers from and against any losses, damages, expenses (including legal fees and costs), claims, suits and liabilities to the extent arising out of or resulting from the use of the Website. Neither IOM nor any of its employees, information providers or content providers accept any responsibility whatsoever for the appropriateness, quality, accuracy, timeliness and completeness of the Materials.

Disclaimer

The Website and the Material are provided on an “as is” basis, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. This disclaimer shall apply without limitation. IOM specifically does not make any warranties or representations as to the accuracy or completeness of any such Material. IOM periodically adds, changes, improves or updates the Material on this Website without notice. Under no circumstances shall IOM or any of its officials, employees, agents, information providers, or content providers be liable for any harm, financial or otherwise, to a User or other entity in connection with the Website or the Materials.

If the User is dissatisfied with any Material on this Website or with any of its General Terms and Conditions of Use, the User’s sole and exclusive remedy is to discontinue using the Website.

Boundaries and Geographic Names

The depiction and use of boundaries, geographic names, and related data shown on maps and included in lists, tables, documents, and databases on the websites are not warranted to be error free nor do they imply judgment on the legal status of any territory, or any endorsement or acceptance of such boundaries by IOM.

Advice, Opinions, and Statements

The Website may contain advice, opinions, and statements of various information and content providers. IOM does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, any User of the Website or any other person or entity. Reliance upon any such opinion, advice, statement, or other information shall be at a User's own risk.

Other Websites

This Website may contain links and references to third-party websites. IOM does not necessarily support policies and beliefs of organizations and individuals listed or referred to in Materials held on the websites.

IOM does not provide any warranties and specifically disclaims any liability whatsoever in connection with third party websites or links. IOM provides linked sites only as a convenience and the inclusion of a link or reference does not imply the endorsement of the linked site by IOM.

Security Measures

The Website implements a series of technologies and security measures, such as encryption and/or authentication tools to safeguard the information maintained on IOM's systems from misuse, unauthorized access or disclosure, alteration, or loss.

Although IOM applies reasonable means to ensure that the information the User furnishes is not used by third-parties for purposes other than that for which it was provided, IOM cannot guarantee that unauthorized third parties will never be able to defeat security measures or use the User’s personal information for improper purposes. The User should be aware that no transmission of information via the Internet is ever totally secure. Transmission is therefore at User’s own risk.

Online Service Providers

While IOM has a strong interest in the integrity of its online service providers, particularly with a view towards their reliability and the protection of personal information, it does not provide any warranties and specifically disclaims any liability whatsoever in connection with the services.

Status of IOM

Nothing in or relating to the Website shall be deemed a waiver, expressed or implied, of any of the privileges and immunities enjoyed by IOM as an intergovernmental organization.

Dispute Resolution Clause

Any dispute, controversy or claim arising out of or in relation to these General Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled amicably by negotiation between the Parties.

In the event that the dispute, controversy or claim has not been resolved by negotiation within 3 (three) months of receipt of the notice from one party of the existence of such dispute, controversy or claim, either Party may request that the dispute, controversy or claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply.

In the event that such conciliation is unsuccessful, either Party may submit the dispute, controversy or claim to arbitration no later than 3 (three) months following the date of termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be one and the language of arbitral proceedings shall be English, unless otherwise agreed by the Parties in writing. The arbitral tribunal shall have no authority to award punitive damages. The arbitral award will be final and binding.

The present General Terms and Conditions as well as the arbitration agreement above shall be governed by the terms of the present General Terms and Conditions and supplemented by internationally accepted general principles of law for the issues not covered by the General Terms and Conditions to the exclusion of any single national system of law that would defer the General Terms and Conditions to the laws of any given jurisdiction. Internationally accepted general principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts. Dispute resolution shall be pursued confidentially by both Parties. This Article survives the expiration or termination of the present General Terms and Conditions.

Notification of Changes

These General Terms and Conditions may be reviewed periodically. IOM reserves the right to change the General Terms and Conditions at any time without notice. The changes will be posted directly to this page.