By using this website (Migrant Protection Platform) and all its pages (together, the “Website”), those who access it (the “User” or collectively “Users”) agree to these Terms and Conditions of Use and Privacy Policy (hereinafter referred to as the “General Terms and Conditions”).
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 publicly information and knowledge products on specialized migrant protection areas (hereinafter referred to as the “Materials”) including but not limited to resources, publications and materials to download, and e-courses on the topic, for informative and dissemination purposes only. All Materials on the Website are subject to these General Terms and Conditions.
The Website contains also detailed, specific parts that are not publicly available, inter alia, a community area (hereinafter referred to as the “Community Area”), access to which is restricted, where Users can become registered members, join thematic groups and participate in peer-to-peer discussions, resembling an online forum on specialized migrant protection areas. In this context, relevant documents not included in the public sections of the Website could be shared. In order to request to be a registered member and have access to the above-mentioned functions, the User shall register at the Website using the following link: https://migrantprotection.iom.int/en/user/register.
Information regarding IOM’s collection, storage, use and dissemination of User information is outlined in the Privacy Policy .
IOM reserves the exclusive right, at its sole discretion, to alter, limit or discontinue the Website without notice, and shall have no obligation to take the needs of any User into consideration in connection therewith.
IOM reserves the right to deny, at its sole discretion, any User access to the Website or any portion thereof without notice.
Use of the Website
By using the Website, the User agrees not to use the Website to act in an unlawful, obscene, discriminatory or abusive manner or promote such actions; not to sell, rent, trade or otherwise monetize the Materials or any feature of the Website; not to use the Website to violate the intellectual property rights of other persons or entities.
IOM reserves the right to remove the content posted by the User if it considers that it may constitute an offense to other users or a violation of intellectual property rights of others.
Intellectual Property
All intellectual property rights 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 Website publicly provides the Materials for informative purposes only. The User has no rights, inter alia, to sell, resell, redistribute or create derivative works from the Materials. The Materials may be used for non-commercial, personal or educational use. Any other use of the Materials requires the prior written permission of IOM. The User shall credit IOM as the source, unless otherwise stated, as follows:
Copyright © International Organization for Migration 2023
Third-Party Content
The Website may contain third party content, which is not created and owned by IOM. The Website or the Materials may also contain links to third-party sites.
Third-party content and links are for informational and convenience purposes only. Although IOM makes reasonable efforts to obtain reliable content from third parties, IOM does not endorse such content and cannot guarantee that the third-party content does not infringe any other third-party intellectual property rights.
The third-party content provided on the Website may be the intellectual property of the third parties content providers. Permission to use such Materials must be requested from the copyright owner.
IOM Name and Logo
The 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.
Indemnity
The use of the Website is at a User's sole risk. By using the Website, the User agrees to defend, indemnify and hold harmless IOM, its officials, employees, content providers, information providers and agents from and against all loss, costs, damages and expenses (including legal fees and costs), claims, suits and liabilities to the extent arising out of the use of the Website.
Disclaimer
The Website and the Materials are provided on an "as is" basis, without warranty of any kind, either express or implied, including warranties of merchantability, title, 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 appropriateness, quality, reliability, timeliness, accuracy or completeness of the Materials on the Website. While IOM cannot make any warranties that there are no errors on the Website, it does endeavour, where appropriate, to correct errors that are drawn to its attention.
If the User is dissatisfied with any material on the Website or with any of the provisions of this Privacy Policy governing the Website, a User's sole and exclusive remedy is to discontinue using this Website.
Boundaries and Geographic Names and Use of Maps
The depiction and use of boundaries, geographic names, and related data shown on maps (including from online map services) and included in the Materials on the Website 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 host advice, opinions, and statements of various information providers. IOM does not represent or endorse the accuracy or reliability of any such content, and any reliance thereupon shall be at a User's own risk.
Other Websites and Links
IOM does not necessarily support policies and beliefs of organizations and individuals listed or referred to in the Materials held on the Website.
Even though the Website may contain links to the third-party websites, IOM does not control the content, links and terms of use of the linked sites. IOM provides linked sites only for information or as a convenience and the inclusion of a link or reference does not imply the endorsement of the linked site by IOM.
Other websites may link to the Website without seeking the permission of IOM. However, such links must clearly identify IOM as the source of the information displayed and preserve the integrity of the Website without alteration.
Other Users
The User specifically acknowledges and agrees that IOM is not liable for any conduct of other users on the Website.
Bugs, Virus, Malicious Code, etc.
While IOM makes every effort to ensure the Materials available on this Websites are free of any software virus, IOM is not responsible for any loss or damage caused by malicious software and related codes, including viruses and worms.
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.
Contacting IOM
For any questions, comments or feedback regarding the Website or these General Terms and conditions, the User may contact the Website Support Team by the following emails: migrantprotectionplatform@iom.int
IOM attempts to respond to electronic messages sent to e-mail addresses listed on the Website. However, IOM is under no obligation whatsoever to respond to any or all such messages.
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
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.
Governing language
These General Terms and Conditions and Privacy policy are provided in English. In the event these General Terms and Conditions and Privacy Policy are translated into another language(s), the English text will prevail.