Skip links
Membership

Terms of use

Ifriqya Arbitration Forum is an exclusive regional platform for arbitration and ADR in North Africa.

General Membership

Terms of use

Last updated 6 June 2023

AGREEMENT TO OUR LEGAL TERMS

We are Ifriqya Arbitration Forum (« Ifriqya »; « we », « us », « our »).

We operate, as well as any other related products and services that refer or link to these legal terms (the « Legal Terms ») (collectively, the « Services »).

You can contact us by email at contact@ifriqyaarbitration.org.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (« you »), and Ifriqya Arbitration Forum, concerning your access to and use of the Services.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the « Last updated » date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

General Terms of use

Table of content

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our intellectual propertyWe are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the "Content"), aswellas the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and variousother intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services "AS IS" for yourpersonal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITEDACTIVITIES"section below, we grant you a non-exclusive, non-transferable, revocable license to : access the Services; anddownload or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach ofour Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully priorto using our Services to understand the (a) rights you give us and (b) obligations youhave when you post or upload any content through the Services.

Submissions : By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services ("Submissions"), you agree toassign to us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use and disseminationfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.

You are responsible for what you post or upload: By sending us Submissionsthrough any part of the Services you :

confirm that you have read and agree with our "PROHIBITED ACTIVITIES"and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexuallyexplicit, false, inaccurate, deceitful, or misleading ; to the extent permissible by applicable law, waive any and all moral rights toany such Submission;

warrant that any such Submission are original to you or that you have thenecessary rights andlicenses to submit such Submissions and that you havefull authority to grant us the abovementioned rights in relation to yourSubmissions ; andwarrant and represent that your Submissions do not constitute confidentialinformation.

You are solely responsible for your Submissions and you expressly agree toreimburse us for any and all losses that we may suffer because of your breach of (a)this section, (b) any third party’sintellectual property rights, or (c) applicable law.

By using the Services, you represent and warrant that: (1) you have the legalcapacity and you agree to comply with these Legal Terms; (2) you are not a minor inthe jurisdiction in which you reside; (3) you will not access the Services throughautomated or non-human means, whetherthrough a bot, script or otherwise; (4) youwill not use the Services for any illegal orunauthorized purpose; and (5) your use ofthe Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use ofthe Services (or any portion thereof).

You may not access or use the Services for any purpose other than that for which wemake the Services available. The Services may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.

As a user of the Services, you agree not to :

  • Systematically retrieve data or other content from the Services to create orcompile, directly or indirectly, a collection, compilation, database, or directorywithout written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of theServices, including features that prevent or restrict the use or copying of anyContent or enforcelimitations on the use of the Services and/or the Contentcontained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.Use any information obtained from the Services in order to harass, abuse, orharm another person.
  • Make improper use of our support services or submit false reports of abuse ormisconduct.
  • Use the Services in a manner inconsistent with any applicable laws orregulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Services.
  • Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.Attempt toimpersonate another user or person or use the username ofanother user.
  • Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats ("gifs"), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as"spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or thenetworks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent orrestrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Services.
  • Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Services, or use or launch any unauthorized script or othersoftware.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purposeof sending unsolicited email, or creating user accounts by automated means orunder false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use theServices and/or the Content for any revenue-generating endeavor orcommercial enterprise.

The Services does not offer users to submit or post content. We may provide youwith the opportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Services, including butnot limited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Services and through third-partywebsites. When you create or make available any Contributions, you therebyrepresent and warrant that.

You and Services agree that we may access, store, process, and use any informationand personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree thatwe can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Services.

You are solely responsible for your Contributions to the Services and you expresslyagree to exonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.

We reserve the right, but not the obligation, to: (1) monitor the Services for violationsof these Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.

These legal terms shall remain in full force and effect while you use the services.without limiting any other provision of these legal terms, wereserve the right to, in our sole discretion and without noticeor liability, deny access to and use of the services (includingblocking certain ip addresses), to any person for any reason orfor no reason, including without limitation for breach of anyrepresentation, warranty, or covenant contained in these legalterms or of any applicable law or regulation. we may terminateyour use or participation in the services or delete any contentor information that you posted at any time, without warning, inour sole discretion.

If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Services. We will not be liable to you orany third party for any modification, price change, suspension, or discontinuance ofthe Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in theseLegal Terms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.

These Legal Terms shall be governed by and defined following the laws ofTunisia and you irrevocably consent that the courts of Tunis shall have exclusive jurisdiction to resolve any dispute which may arisein connection with these Legal Terms.

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Legal Terms (each a "Dispute" and collectively, the "Disputes")brought by either you or us (individually, a "Party" and collectively, the "Parties"), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least Thirty (30) days before initiatingthe arbitration. Such informal negotiations commence upon written notice from one Partyto the other Party.

 

Binding Arbitration

 

Any dispute arising out of or in connection with these Legal Terms, including anyquestionregarding its existence, validity, or termination, shall be referred to andfinally resolved by The Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) according to the CRCICA Arbitration Rules in force as from March 2011. which, as a result of referring to it, is considered as part of thisclause.

 

The number of arbitrators shall be one (1).

 

The Parties shall undertake to agree on the joint nomination of the sole arbitrator within fifteen (15) days. If the Parties fail to agree on an arbitrator, CRCICA Centre shall appoint the sole arbitrator as promptly as possible in accordance with Article 8 of the CRCICA Rules.

 

The seat, or legal place, ofarbitration, shall be Tunis. The language of the proceedings shall be French. The governing law of these Legal Terms shall be the substantive law of Tunisia.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between thePartiesindividually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to utilize class-action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.

There may be information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use the reof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non infringement. We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature what so ever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.14. limitations of liability in no event will we or our directors, employees, or agents beliable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regard less of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or . Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have addition alrights.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5)any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becom ingaware of it.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to theuse of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.


In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at :

contact@ifriqyaarbitration.org

This website uses cookies to improve your web experience.
Home
Account
Cart
Search