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Terms and Conditions of Use
PLEASE READ AND ACCEPT OUR TERMS AND CONDITIONS AND PRIVACY POLICY BEFORE USING OUR ONLINE FILING SYSTEM
**TERMS AND CONDITIONS** 1. TERMS OF USE 1.1 These terms of use (together with the documents referred to in them) set out the terms on which you may use our online system for filing Requests for Arbitration and Responses under Articles 1 and 2 of the LCIA Rules, and, where available, for filing requests for expedited appointment of an arbitrator or for the appointment of an Emergency Arbitrator under Article 9 of the LCIA Rules (our online filing system), which is available through onlinefiling.lcia.org (our site). 1.2 We, us or our means the London Court of International Arbitration (the LCIA). You or your means: (i) any individual using our online filing system, (ii) any firm or other entity involved in the relevant arbitration request, response or proceedings, on whose behalf an individual is using our online filing system (a Firm), and (iii) any client on whose behalf an individual or their Firm is using our online filing system (a Client). Each individual using our online filing system represents and warrants that he or she is authorised and entitled to do so on behalf of the applicable Firm and Client(s). 1.3 Please read these terms of use carefully before you start to use our online filing system, as these will apply to your use of our online filing system. We recommend that you print a copy of this for future reference. 1.4 By using our online filing system, you confirm that you accept these terms of use and that you agree to comply with them. 1.5 If you do not agree to these terms of use, you must not use our online filing system. 2. OTHER APPLICABLE TERMS 2.1 These terms of use refer to the following additional terms, which also apply to your use of our online filing system: (a) our Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our online filing system, you consent to that processing and you warrant that all data provided by you is accurate; and (b) our Cookie Policy, which sets out information about the cookies on our site, including our online filing system. 2.2 Any payments made by you through the site, including in connection with our online filing system, are made via a third party service provider which has been appointed by us. Please see the separate terms and conditions of that provider for further terms that may apply to you for use of that third party payment service. 3. INFORMATION ABOUT US 3.1 The website at onlinefiling.lcia.org, including our online filing system, is operated by the LCIA. We are registered in England and Wales under company number 02047647 and have our registered office at 70 Fleet Street, London EC4Y 1EU. We are a private company limited by guarantee. 4. CHANGES TO THESE TERMS 4.1 We may revise these terms of use at any time by amending this page. 4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you. 5. CHANGES TO OUR ONLINE FILING SYSTEM 5.1 We may update our online filing system from time to time, and may change the content at any time. However, please note that any of the content contained on our online filing system may be out of date at any given time, and we are under no obligation to update it. 5.2 We do not guarantee that our online filing system, or any content on it, will be free from errors or omissions. 6. ACCESSING OUR ONLINE FILING SYSTEM 6.1 We do not guarantee that our online filing system, or any content on it, will always be available or be uninterrupted. Access to our online filing system is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our online filing system without notice. We will not be liable to you if for any reason our online filing system is unavailable at any time or for any period. 6.2 You are responsible for making all arrangements necessary for you to have access to our online filing system. 7. YOUR ACCOUNT AND PASSWORD 7.1 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party. 7.2 If you register to use our online filing system, that registration is personal to you and may not be used by any other person without our express prior consent. 7.3 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 reasonable opinion you have failed to comply with any of the provisions of these terms of use. 7.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at onlinefiling@lcia.org. 7.5 Further, if you change your email address, you must promptly notify us at onlinefiling@lcia.org. 8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE 8.1 We process information about you in accordance with our Privicy Policy. By using our online filing system, you consent to that processing and you warrant that all data provided by you is accurate and that you will keep it up-to-date by notifying us of any changes. 8.2 We may also obtain information about your use of our online filing system by using cookies (or similar technology) that are stored on your equipment. For more information on the cookies we use and the purposes for which we use them, please see our Cookie Policy. Payments through the site are made via a third party service provider, appointed by us. Please see the separate cookie policy terms that may apply to your use of that third party payment service. 9. INTELLECTUAL PROPERTY RIGHTS 9.1 "LCIA", "LCIA India", "DIFC LCIA", "LCIA MIAC" and the logos for each of them appearing on our site are trade marks of the LCIA or are trade marks in which the LCIA has an interest. 9.2 Unless otherwise stated on our site (including in these terms of use) or on www.lcia.org, we are the owner or the licensee of all existing and future intellectual property rights (including trade marks, copyright, database rights, design rights, confidentiality rights and all other rights having equivalent or similar effect) in our site and on www.lcia.org, including the material appearing on it. All such rights are reserved and you agree not to make any use of those intellectual property rights without our prior written consent. You shall neither acquire nor claim any right, title or interest in or to any of those intellectual property rights. 10. NO RELIANCE ON INFORMATION 10.1 The content on our online filing system is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our online filing system. 10.2 Although we make reasonable efforts to update the information on our online filing system, we make no representations, warranties or guarantees, whether express or implied, that the content on our online filing system is accurate, complete or up-to-date. 11. LIMITATION OF OUR LIABILITY 11.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. 11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our online filing system or any content on it, whether express or implied. 11.3 We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of or inability to use our online filing system; (b) use of or reliance on any content displayed on our online filing system; or (c) use of the services of any third party service provider appointed by us in connection with our online filing system. 11.4 Please note that, in particular, we will not be liable for: (a) loss of profits, sales, business, revenue or data; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect and/or consequential loss or damage. 11.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our online filing system or to your downloading of any content on it, or on any website linked to it. 11.6 We assume no responsibility for the content or use of websites to which you are linked via our online filing system. These links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. 12. VIRUSES, HACKING AND OTHER OFFENCES 12.1 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 online filing system, the server on which our online filing system is stored or any server, computer or database connected to our online filing system. You must not attack our online filing system via a denial-of-service attack or a distributed denial-of service attack. We may co-operate with law enforcement authorities in relation to any such misuse, including by disclosing your identity to them. 12.2 We do not guarantee that our online filing system will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our online filing system. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our online filing system or to your downloading of any content on it, or on any website linked to it. 13. LINKING TO OUR SITE 13.1 You may not link to any part of our site onlinefiling.lcia.org or to www.lcia.org without our prior written permission. We reserve the right to withdraw with immediate effect any such permission granted. 14. APPLICABLE LAW AND JURISDICTION 14.1 These terms of use and any non-contractual obligations arising out of or in connection with these terms of use shall be governed by, and interpreted in accordance with, English law. 14.2 In the event of a dispute arising out of or in connection with these terms, including any question regarding their existence, validity or termination, the dispute shall be referred to and finally resolved by arbitration under the UNCITRAL Rules of Arbitration: (a) the appointing authority shall be the Secretary General of the Permanent Court of the Hague; (b) the number of arbitrators shall be one, appointed in accordance with the UNCITRAL Rules of Arbitration; (c) the seat, or legal place, of the arbitration shall be London; (d) the language of the arbitration shall be English. 15. CONTACT US 15.1 To contact us in connection with our online filing system, please email onlinefiling@lcia.org. **LCIA PRIVACY POLICY** 1 GENERAL INFORMATION 1.1 The LCIA is committed to protecting and respecting your personal information. 1.2 This policy sets out the basis on which your personal information is collected by us, will be processed by us, and also sets out your rights in relation to that information. 1.3 The LCIA is the data controller in respect of personal information provided to us. 2 HOW WE COLLECT INFORMATION FROM YOU 2.1 We may collect and process information about you in the course of our business including through your use of our website/online services, when you or a third party engage our legal or other services, when you apply for a job or internship, and when you request information from us. 3 INFORMATION WE MAY COLLECT FROM YOU 3.1 The personal information that we process may include: (a) basic information, such as your name (including name prefix or title), the company you work or, your title or position, your gender, your date of birth and your relationship to a person; (b) contact information, such as your postal address(es), email address(es) and phone number(s); (c) financial information, such as payment-related information; (d) technical information, such as information from your visits to our website/online services or in relation to materials and communications we send to you electronically; (e) information you provide to us for the purposes of attending meetings and events, including access and dietary requirements; (f) identification and background information provided by you or collected as part of our business acceptance processes; (g) any personal information provided to us in the course of providing services in relation to an arbitration, whether by you, or by or on behalf of the parties; and (h) any personal information provided to us in the course of providing services in relation to membership and events. 4 COOKIES 4.1 We use cookies on our website and online filing platform. Please see our Cookie Policy for details. 5 HOW WE USE THIS INFORMATION 5.1 We might use information held about you in the following ways: (a) In the provision of our services to you or to others; (b) to notify you about changes to our services; (c) to promote our services, including sending legal updates, publications and details of events; (d) to provide and improve our website/online services, including auditing and monitoring its use; (e) to fulfil our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims; or (f) for the purposes of recruitment. 6 HOW LONG WE KEEP YOUR INFORMATION 6.1 Your personal information will only be retained for as long as is reasonably necessary in the circumstances. Retention periods vary depending on the category of data, taking into account legal and regulatory requirements, limitation periods for taking legal action, good practice and the LCIA’s business purposes. 7 DISCLOSURE OF YOUR INFORMATION 7.1 Your information will not be disclosed to third parties outside of the LCIA, except to trusted third parties in accordance with contractual agreements in place with them, including: (a) our professional advisers and auditors; (b) suppliers to whom we outsource certain support services such as document storage and shredding; (c) IT service providers; (d) third parties to whom the LCIA is providing services; and (e) third parties involved in hosting or organising events or seminars. 8 WHERE WE STORE YOUR INFORMATION 8.1 The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers, subsidiaries or any other entity in which the LCIA has an interest. These staff may be engaged in, among other things, the fulfilment of your request, the processing of your payment details and the provision of support services. By submitting your personal data, you expressly agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy policy. 8.2 Payments made in connection with our online filing system will be processed via a third party payment service provider. Please see the separate terms and conditions of that provider for further terms (including relating to your personal data provided to that provider) that may apply to you for use of that third party payment service. 8.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site including via our online filing system; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access. 9 YOUR RIGHTS 9.1 The European Union’s General Data Protection Regulation and other applicable data protection laws provide certain rights for data subjects. 9.2 These rights include the right to access, amend or delete your personal information or, in some circumstances, to restrict or object to the processing or your personal information. 9.3 You may also have the right to submit a complaint to the relevant supervisory authority in your jurisdiction. 9.4 If you would like to request a copy of your data, or would like to take steps to exercise your rights please contact us as set out below. 9.5 If the relevant legislation allows us to do so, we may refuse to provide access or may charge a fee for access, in which case we will provide reasons for our decision as required by law. 9.6 Information we hold about you should be up-to-date and accurate. Please advise us of any changes to your information using the contact details below. 10 CHANGES TO OUR PRIVACY POLICY 10.1 Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy. 11 CONTACT 11.1 Questions, comments and requests regarding this privacy policy or your personal data should be addressed to: Attention: HR and Operations Manager Address: LCIA 5th Floor 70 Fleet Street EC4Y 1EU Telephone: 0207 936 6200 Email: enquiries@lcia.org Last updated: May 2018
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