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The IBA’s response to the war in Ukraine
Contents
1.1. This page (together with the documents referred to on it) tells you the Terms of Use on which you may make use of our website www.ibanet.org ("our site") as an unregistered or registered user. Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our site.
2.1. www.ibanet.org is a site operated by the International Bar Association ("We"). We can be contacted at our main address: International Bar Association, 5 Chancery Lane London, WC2A 1LG, United Kingdom; or see Contact Us for further details.
3.1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.3. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.4. The site contains a number of PDF (Portable Document Format) files. To download a document stored in this way you will need to ensure that the Adobe Acrobat Reader software is installed on your computer. You can download Adobe Acrobat Reader for free at www.adobe.com.
3.5. The IBA site uses a cookie as part of its restricted access system. This cookie holds minimal information to uniquely identify you as a site user. Once active this cookie does not gather any personal information from your interaction with the IBA site or any other site, nor does it collect information from your operating system or hard drive. No information is sent from the cookie to any other party including the IBA or stored in a database or by any other means. The cookie is only accessible by www.ibanet.org. The cookie is destroyed when you exit your browser. For further information concerning how we treat your data see our Privacy Policy.
3.6. We use Google Analytics to collect information about visitor behaviour on our website. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. This Analytics data is collected via a JavaScript tag in the pages of our site and is not tied to personally identifiable information. We therefore do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are. You can find out more about Google’s position on privacy as regards its analytics service at www.google.com/policies/privacy/
4.1. You may use our site only for lawful purposes.
4.2. You may not use our site:
4.3. You may not reproduce, duplicate, copy or re-sell any part of our site in contravention of any of our Terms of Use.
4.4. You may not access without authority, interfere with, damage or disrupt:
5.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
5.3. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
5.4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
6.1. This section 6 applies only to Registered Users.
6.2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
6.3. Registered users may not use our site to send, knowingly receive, upload, download, use or re-use any material which does not comply with the following content standards:
7.1. We will determine, in our discretion, whether there has been a breach of sections 4, 5, or 6 through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
7.2. Failure to comply with sections 4, 5, or 6 constitutes a material breach of the Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
7.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.
7.2.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
7.2.3. Issue of a warning to you.
7.2.4. 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.
7.2.5. Further legal action against you.
7.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.3. Subject to section 11.2 below, we exclude liability for actions taken in response to breaches of sections 4, 5, or 6. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
8.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with sections 4, 5, and 6. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
8.2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
8.3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
8.4. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in sections 4, 5, and 6.
8.5. Should you find any content on our site which you feel is in contravention of the standards set out in sections 4, 5, and 6, please inform us by emailing iba@int-bar.org and explain your concern.
9.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (including the design, arrangement and look). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. The 'International Bar Association', 'IBA' and any related logos are some of our registered trademarks. Nothing contained in this site shall give by implication or otherwise any right or licence to anyone to use any of our trademarked work or related logos.
9.3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
9.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.5. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
9.6. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.7. If you print off, copy or download 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, return or destroy any copies of the materials you have made.
10.1. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
10.2. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
10.3. The International Bar Association makes no warranties, representations or undertakings about: any of the content of our site (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or any content of any other web site referred to or accessed by hypertext link through this web site.
11.1. We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
12.1. The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, our officers, employees, consultants, and members hereby expressly exclude:
12.2. Nothing in these Terms of Use affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
13.1. We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
13.2. The IBA uses cookies on its website. Cookies are small files of letters and numbers which help identify an individual user while they are using a specific website. These cookies are used for analytical purposes as well as allowing user identification to be carried across pages and areas of the site.
13.3. The IBA uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate your use of the website and compile reports for us on activity on the site. To reject or delete this cookie, please visit:www.google.com/policies/privacy/.
13.4. By agreeing with these terms and conditions you are consenting to the use of these cookies by, and on behalf of, the IBA and these cookies will be placed on your device. It is possible in all browsers to manually clear cookies at any time through tools or settings.
14.1. Use of IBA members' details for mass mailing, advertising, invitations or any other commercial use without the express permission of the IBA is illegal. Those found mailing without authorisation will be liable for penalties.
15.1. Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Supply.
16.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
16.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
16.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
17.1. You may link to our home page, provided you give the International Bar Association notice of such link by sending an e-mail to iba@int-bar.org and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.2. You must not establish a link from any website that is not owned by you.
17.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in sections 4, 5, and 6.
17.4. If you wish to make any use of material on our site other than that set out above, please address your request to iba@int-bar.org.
18.1. The International Bar Association is not responsible for the content or reliability of any websites linked to from its site and cannot accept liability for any damage or loss arising from reliance on such websites. Links to third party information are provided for your information only and should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.
These terms and conditions form the basis of the contract through which the International Bar Association will deliver membership services to its members. In becoming an IBA member, you agree to be bound by these terms and conditions.
19.1 Membership eligibility
Membership of the IBA is open to all members of the legal profession, including attorneys, counsellors, solicitors, barristers, advocates, members of the judiciary, and full-time professors and students of law.
The IBA is a non-regulatory body, and membership does not entitle anyone to practice law in any jurisdiction. As a result of this, users are placed under notice that, if a formal confirmation is needed, they should take appropriate steps to verify members accreditations with members’ local governing/regulatory body such as law societies.
All membership applicants must provide full and accurate information regarding their identity and contact information. Failure to do so will result in their membership being cancelled.
19.2 Membership types
There are four types of individual membership – General, Full, Patron and Student Membership, and four types of group membership: Group, Corporate, Bar Associations and Law School membership. Full information can be found - https://www.ibanet.org/Join_the_IBA/Why_join_the_IBA.
19.3 Committee membership
IBA membership is made up of committees. They are an integral part of your IBA experience and exist to help you network, build your profile and improve your practice. The committees are divided into the Legal Practice Division (LPD), Public and Professional Interest Division (PPID), and Regional Fora. . For the complete list of committees, see the committee index page (www.ibanet.org/Committees).
19.4 Membership benefits
IBA membership gives you access to:
Please note that membership benefits may vary according to the type of membership.
19.5 Membership fees
By agreeing to these terms and conditions, you agree that you will pay us the membership fees set out for each membership year. We reserve the right to increase the price of membership fees from time to time.
19.6 Membership term
IBA membership runs from 1 January to 31 December, and it is not pro-rated.
19.7 Credit card payments
Credit/debit card payments allow you to become members instantly. When you apply to become an IBA member, you confirm that you have obtained the prior permission of the credit/debit cardholder.
19.8 Invoices/Proformas
We issue proforma invoices rather than final invoices as we recognise income on a cash receipts basis. As such, we cannot issue an invoice until the pro-forma invoice is paid. This is a recognised practice by HMRC as per guidelines published in 1970 (see below) and allows us to comply with the VAT regulations imposed on us by United Kingdom authorities. The invoice will be issued as soon as payment is received. The proforma invoice contains all the details that would be included on an invoice, including the VAT rate charged.
HMRC Published Guidelines (1970)
‘If you need to issue a sales document for goods or services you have not supplied yet, you issue a pro-forma invoice.’
A proforma invoice is a valid invoice requiring your payment; it is NOT a VAT invoice (you can download the invoice once your payment has been allocated, or you can request it from the membership team at member@int-bar.org).
19.9 Membership renewals
In January of each year, we will send you a reminder by email. If we do not receive the payment by February, we will post a hard copy invoice to ensure you renew so that you can get the most out of your year’s membership. If you do not renew by 30 June, you will not be able to use your membership benefits until payment is received.
To renew your membership, you must pay your subscription fee in full before 31 December in the respective calendar year. If the membership fee is not remitted by 31 December, your membership shall be deemed to have lapsed. However, if you decide to join in the following year, you will not be liable for payment of the previous year’s membership fee.
19.10 Membership directory
The membership directory allows you to search the IBA membership network for suitable contacts and contact other IBA members whose profiles are public. Only the individual, group, and corporate members can make use of the membership directory.
The membership directory is contained within the MyIBA members’ area of the IBA website. Public profiles have been designed to facilitate networkingopportunities for IBA members. Members can let other IBA members see your profile and learn about your areas of expertise and experience.
The use of the IBA Members Directory containing names and addresses of IBA members is governed by these Terms and Conditions of Use and subject to this Notice of Copyright.
19.11 Right to cancel membership
If for any reason you wish to cancel your IBA membership, please email us at member@int-bar.org. You have a thirty (30) days cooling-off period from the date of joining the IBA, in which you can cancel your subscription without penalty. Members who cancel their membership after 31 days but before 90 days will be refunded the membership fee minus a 25 per cent admin charge. After 90 days, no refund will be given.
You must notify us of your wish to cancel in writing by contacting the Membership Team at member@int-bar.org.
If you have registered for an IBA conference at the member rate, you are not eligible for a refund. Refunds will be made minus any monies owed to the IBA.
Note that any additional committees purchased outside the allowance of your membership will not be refundable.
Refund of donations - your donation goes towards supporting the IBA Human Rights Institute (IBAHRI) and its activities worldwide, promoting and protecting human rights and the independence of the legal professions worldwide (see more: https://www.ibanet.org/IBAHRI-About). Still, if you wish to request a refund of your donation, it can be refunded in full if requested within 90 days of joining or at the time of cancelling your membership (whichever is earlier). Please email us at member@int-bar.org.
19.12 Right to refuse applications
We reserve the right to cancel your application if we cannot obtain payment authorisation from the issuer of your credit/debit card or payment by other means.
We reserve the right to revoke your membership with immediate effect without the right of appeal if we discover that you have used false information when becoming a member or for the improper use of the IBA members’ directory. See point 10 for more details.
20.1 No deductions or withholdings.
All fees payable to us by you in accordance with the terms contained in the ‘Information’ section of the Conference Programme shall be paid free and clear of all deductions or withholdings whatsoever.
If any deductions or withholdings are required by law to be made from any fees payable to us by you under the terms contained in in the ‘Information’ section of the Conference Programme you shall pay such sum as will, after the deduction or withholding has been made, leave us with the same amount as we would have been entitled to receive in the absence of any such requirement to make a deduction or withholding.
If we obtain the benefit of any tax credit or other relief by reference to any such deductions or withholdings, then we shall repay to you such amount as, after such repayment has been made, will leave us in no worse position than we would have been had no such deductions or withholdings been required.
20.2 Conference sell-outs.
The IBA places its conferences in venues of a suitable size for each event; however, there are times when our conferences may sell out. Should this happen, prospective delegates will be informed and a waiting list will operate. The waiting list will function on a ‘first come, first served’ basis, subject to receiving registered delegate cancellations. The waiting list for a conference will close once it has reached an additional ten per cent of the conference venue capacity, as it is very unlikely a place will become available. Should an individual travel to a conference without a confirmed place the IBA will not be liable for any expenses incurred, including but not limited to travel and accommodation costs.
20.3 Cancellation of conference registration or social functions.
If cancellation is received in writing at the IBA office by the cancellation deadline date, fees will be refunded less an administration charge. Deadline date and administrative charge details can be found in the Conference Programme. Refunds will be made minus any monies owed to the IBA.
Registrations or social function bookings received after the cancellation deadline date will not be eligible for any refund of fees. Please note that no exception will be made to this policy. Should you have difficulties in obtaining your visa and are not able to attend the Conference this cancellation policy will still apply.
Please note that the cancellation terms and conditions as indicated will apply as soon as your registration is received by the IBA.
Provided you have cancelled your registration to attend an IBA Conference in accordance with the terms of the ‘cancellation of registration’ clause included in the ‘Information’ section of the relevant Conference programme, you must then confirm to us in writing at the IBA office as soon as possible, but in no event later than one year (12 calendar months) from the date of any such Conference, all necessary details to enable any reimbursement owed to you to be paid. We regret that no refunds will be made after the date that is one year (12 calendar months) after the date of the relevant Conference.
The organisers may at any time, with or without giving notice, in their absolute discretion and without giving any reason, cancel or postpone the Conference, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, neither the organisers nor any of their officers, employees, agents, members or representatives shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with the Conference unless they are satisfied not only that the money in question remains under their control but also that the person who paid it has been unfairly prejudiced (as to which, decision shall be in their sole and unfettered discretion and, when announced, final and conclusive).
20.4 Guests.
A guest (accompanying person) cannot be a member of the legal profession nor seek to use the Conference as a business networking opportunity.
Guests are not permitted access to working sessions, Conference refreshment breaks or Conference lunches. Checks are performed to ensure members of the legal profession, or business associates are not registered as guests. If this is the case, registration will be refused unless the guest registers as a full delegate for the Conference. Should a guest be seen attending working sessions, Conference refreshment breaks or lunches, an invoice for the full registration fee will be issued to the delegate for the guest’s participation at the Conference.
Only registered guests (i.e., those paying the guest fee) are eligible to participate in the social programme; and the number of guests per conference and per social event is limited. Not every social event is available to guests; please see the Conference Programme for further information on eligibility. Should you require further information please contact the Conference Department on confs@int-bar.org.
21.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
21.2. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22.1. 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 have 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 our site.
23.1. If you have any concerns about material which appears on our site, please contact website@int-bar.org. Thank you for visiting our site.