Termes et conditions d’adhésion

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TERMS AND CONDITIONS FOR MEMBERSHIP OF ETHICALCARGO.ORG

 

THANK YOU FOR APPLYING TO BE A REGISTERED MEMBER OF ETHICAL CARGO. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, THEY FORM A CONTRACT WHICH IS LEGALLY BINDING ON YOU

 

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE INDEMNITY REQUIRED OF YOU UNDER CONDITION 7 AND THE LIMITATIONS OF OUR LIABILITY IN CONDITION 8

 

 

1.                    DEFINITIONS

“Ethical Cargo” (“us” or “we” as the context permits) is a project of the Stockholm International Peace Research Institute c/o SIPRI, Signalistgatan 9, SE-169 70 Solna, Sweden;

“Registered Member” means a person approved by Ethical Cargo to have greater access to the Website than permitted to ordinary unregistered visitors.

“you” means you the Registered Member, applicant or visitor to the Website.

“Website”  www.ethicalcargo.org

2.                 INTRODUCTIONS 

2.1               These Terms and Conditions are supplemented by our General Terms and Conditions of Use and our Privacy Policy which is also binding upon you.

2.2               Visitors to the Website can browse only a limited part of the Website. Once accepted by Ethical Cargo, Registered Members have full access to the tools and other public content available on the Website. You may not attempt to access this additional content unless and until you are accepted by us as a Registered Member.

2.3               Once accepted by Ethical Cargo as a Registered Member, you are granted a limited licence subject to these Terms and Conditions to access and make use of the Website solely as set out in condition 4.1.

2.4               The following terms and conditions will apply when you visit or access content stored on the Website. We ask that you read these Terms and Conditions carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, you may not be (or apply to become) a Registered Member.

3.                 REGISTERING AS A MEMBER OF THE WEBSITE

3.1               To apply to become a Registered Member of the Website you will need to provide us with the  registration information requested on the registration page.  During the process you will be asked to supply your email address.  This is to help us verify your identity and to enable us to contact you in connection with your account and to send you information in accordance with our Privacy Policy.

3.2               Registered Membership is only available to persons over 18 years of age working for bona fide organisations engaged in humanitarian relief, crisis response or peace support-related activities. Further, Registered Membership is discretionary and may be refused or revoked by Ethical Cargo at anytime without notice.

3.3               Should you register an invalid email address or an email address that belongs to someone else or otherwise impersonate any other person we may terminate your Membership at anytime without notice.

3.4               Whilst we try to make sure that the Website is available 24 hours a day 7 days a week, on occasions it may be unavailable due to system problems or to allow maintenance  or other development activities to take place.

3.5               There is currently no fee to be a Registered Member of the Website.

4.                 USING THE WEBSITE 

4.1               Your licence to access and use the content on the Website is restricted to a licence to view and use the content for your organisation’s internal research purposes only. You acknowledge that the ownership in any intellectual property rights (including for the avoidance of doubt, copyright, database rights and trade marks) in the Website belongs to us or is licensed to us.  Accordingly, no part of the Website (or its source code) may be transferred, copied or reproduced in whole or in part in any manner.

4.2               You agree not to take any decision or action solely based on the information on this Website. It is your responsibility to investigate and corroborate any information on this Website. You acknowledge and agree that the Website is a repository of information, the veracity and completeness of which we do not warrant.

4.3               The content on the Website is not intended to constitute a definitive or complete statement on any subject, nor is any part of it intended to constitute advice for any specific situation. You acknowledge that the Website includes archived information and materials, which may be incorrect or out of date.

4.4               You may not use any method of systematic retrieval of content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual process) without written permission from us.

4.5               You must not modify any materials you have printed or downloaded from the Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must always acknowledge the source of the material (as credited on the Website).

4.6               You must not use any part of the materials on our site for commercial purposes without first obtaining a written licence to do so from us or our licensors.

4.7               If you print, copy, download or republish any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, destroy or return any copies of the materials you have made.

4.8               You may not link the Website to any other website without our express authority in writing.  Furthermore we do not make any warranties, representations or undertakings about the content of this or any other website which may be referred to or accessed via hypertext link with the Website. We do not endorse or approve the content of third party websites. 

4.9               Please be aware that to the extent permitted by law, and except as expressly provided for elsewhere in these terms and conditions, we do not accept liability in respect of the Website (see condition 8).

4.10           You agree not to transfer to the Website any material which might damage software or hinder the performance of any other parties’ computer system.

4.11           We reserve the right to refuse access to the Website in whole or in part, terminate your registration, remove or edit content from the Website at our discretion. 

4.12           We reserve the right to alter the functionalities and features of the Website and to permit or restrict access to certain areas of the Website to you for any reason.

4.13           If you wish to complain about any content on this Website, please contact us at contact@ethicalcargo.org.  Please precisely identify the content about which you are complaining, including the web page where it can be found. You must provide us with full details of your complaint and confirmation that you have additionally lodged a complaint with the content source as identified on the Website. If you allege copyright infringement, please also confirm that you are the copyright owner or exclusive licensee. We will deal appropriately with any contribution which, in our opinion, is unlawful or violates our standards.

5.                 YOUR PASSWORD AND ACCOUNT 

5.1               You are solely responsible for maintaining the confidentiality of your Registered Member account and password and for restricting access to your computer to prevent unauthorised access to your account.

5.2               You agree to accept responsibility for all activities that occur under your Registered Member account or password.

5.3               You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. 

5.4               Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

5.5               You must not misrepresent your identity.

6.                 THIRD PARTY CONTENT AND LINKS 

6.1               The content displayed on any third party advertisements on the Website is provided or posted by third parties, as is other material and content on the Website which are attributed to third party sources (together “Third Party Content”).  We are not the author of that content.  Neither Ethical Cargo nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Website.  Any third party content is the sole responsibility of the party who provided the content.  We are not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content, and shall not be liable to you in connection with your reliance on such Third Party Content.

6.2               We may allow you access to content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise) to websites operated by third parties.  You are advised to read such websites’ terms and conditions and/or privacy policies before using them. You acknowledge that Ethical Cargo has no control over third party websites, that we do not monitor such websites, and that we are not responsible or liable to anyone for such websites or for any content, products or services made available on such websites.

6.3               Messages or information sent by you through communication systems provided by the Website, or through emails, fax or letters to addresses obtained from the Website must not:

6.3.1                 Contain any material which is defamatory of any person.

6.3.2                 Contain any material which is obscene, offensive, hateful or inflammatory.

6.3.3                 Promote sexually explicit material.

6.3.4                 Promote violence.

6.3.5                 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

6.3.6                 Infringe any copyright, database right, trade mark or any other intellectual property right of any other person.

6.3.7                 Be likely to deceive any person.

6.3.8                 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

6.3.9                 Promote any illegal activity.

6.3.10             Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

6.3.11             Be likely to harass, upset, embarrass, alarm, bully or annoy any other person.

6.3.12             Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

6.3.13             Give the impression that they emanate from us, if this is not the case.

6.3.14             Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

7.                 INDEMNITY - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

7.1               You agree to indemnify us and keep us indemnified in respect of any liabilities, losses, expenses or other costs (including but not limited to all costs and expenses, including any VAT or other sales tax thereon, which we may incur in connection with the defence of any claims made against us by any third party) howsoever incurred as a result of:

7.1.1                 a breach of your obligations under these Terms and Conditions; or

7.1.2                 any publication or dissemination by you (directly or indirectly) of any materials or information obtained or derived from the Website.

8.                 LIMITATION OF LIABILITY - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

8.1               This condition 8 sets out our entire liability (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to you in respect of:-

8.1.1                 any breach of these Terms & Conditions;

8.1.2                 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions or our relationship generally.

8.2               All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.

8.3               Nothing in these Conditions limits or excludes our liability:

8.3.1                 for death or personal injury resulting from our negligence; or

8.3.2                 for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

8.4               Subject to condition 8.3 we shall not be liable for:

8.4.1                 loss of profits; or

8.4.2                 loss of business; or

8.4.3                 depletion of goodwill and/or similar losses; or

8.4.4                 loss of contract; or

8.4.5                 loss of use; or

8.4.6                 loss or corruption of data or information (including but not limited to any contributions submitted or posted on the Website); or

8.4.7                 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

8.5               Under this condition 8, our liability includes that of any organisation or company in our group or affiliated to us and our and their respective agents, employees and sub-contractors, you include any other party claiming through you and loss or damage includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Website, whether under this agreement or other agreement or in consequence of any misrepresentation, misstatement or tortious act or omission, including negligence.

9.                 EVENTS BEYOND OUR REASONABLE CONTROL

9.1               We shall not be in breach of these Terms and Conditions nor shall we be liable for any failure or delay in performance of any obligations under these Terms and Conditions arising from or attributable to acts, events, omissions or accidents beyond our reasonable control including but not limited to any of the following:

9.1.1                 acts of God including but not limited to fire, flood, earthquake, wind storm or other natural disaster;

9.1.2                 war, threat or preparation for war, arms conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

9.1.3                 terrorist attack, civil war, civil commotion or riots;

9.1.4                 nuclear, chemical or biological contamination or sonic boom;

9.1.5                 fire, explosion or accidental damage;

9.1.6                 adverse weather conditions;

9.1.7                 collapse of building structures, failure of plant machinery, machinery, computers or vehicles;

9.1.8                 any labour dispute including but not limited to strikes and lockouts;

9.1.9                 non performance by suppliers or sub-contractors and interruption or failure of utility service including but not limited to electric power, gas or water;

9.1.10             any loss of internet service, whether in connection with the Website’s server, the server used by you or otherwise.

10.             SUSPENSION AND TERMINATION

10.1           We will determine, in our discretion, whether there has been a breach of our Terms and Conditions through your use of the Website. When a breach has occurred, we may take such action as we deem appropriate.

10.2           Failure to comply with our Terms and Conditions may result in our taking all or any of the following actions:

10.2.1             Issue of a warning to you.

10.2.2             Immediate, temporary or permanent withdrawal of your Registered Membership of the Website and right to use the Website.

10.2.3             Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

10.2.4             Further legal action against you for damages or equitable relief.

10.2.5             Disclosure of such information to the Courts or law enforcement authorities as we reasonably feel is necessary.

10.3           In the event your registration is terminated for any reason or you stop using the Website, you agree that conditions 7, 8 and 13 shall remain in full force and effect.

11.               VARIATION

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.

12.               ENTIRE AGREEMENT

These Terms and Conditions and our General Terms <<Hyperlink>> and our Privacy Policy <<Hyperlink>>  constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this agreement or not) other than as expressly set out in this agreement.

13.               GOVERNING LAW AND JURISDICTION

The governing law of these Terms and Conditions is English law and you hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of England. This does not affect any statutory right you may have to bring claims in your local jurisdiction.