s-arb.org

Website Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE 

WHAT’S IN THESE TERMS? 

These terms tell you the rules for using our website www.s-arb.org (our site).

For ease of reference, this is the header list of topics covered in this document:

•            Who we are and how to contact us.

•            By using our site you accept these terms.

•            There are other terms that may apply to you.

•            We may make changes to these terms.

•            We may make changes to our site.

•            We may suspend or withdraw our site.

•            We may transfer this agreement to someone else.

•            Our site is only for users in the EU and UK.

•            You must keep your account details safe.

•            How you may use material on our site.

•            Do not rely on information on our site.

•            We are not responsible for websites we link to.

•            User-generated content is not approved by us.

•            How to complain about content uploaded by other users.

•            Our responsibility for loss or damage suffered by you.

•            Exclusion of liability for digital content.

•            How we may use your personal information.

•            Uploading content to our site.

•            Rights you are giving us to use material you upload.

•            We are not responsible for viruses and you must not introduce them.

•            Rules about linking to our site.

•            Which country’s laws apply to any disputes?

•            Our trade marks are registered.

•            Acceptable Use Policy.

WHO WE ARE AND HOW TO CONTACT US 

s-arb.org is a website owned by the Bucharest International Arbitration Court – BIAC (www.bucharestarbitration.org) (BIAC). BIAC is an unincorporated division of the American Chamber of Commerce in Romania (www.amcham.ro, AmCham Romania.)  s-arb.org is currently run as an unincorporated pro-bono collaboration between BIAC, UiPath (www.uipath.com) and Consortium Legal (www.consortium.legal), for the advancement of international arbitration, modern ADR and the use of Robotic Process Automation in the legal sector. The website was created by www.churchofpixel.co.uk for BIAC – Bucharest International Arbitration Court. If you have any queries with regard to the EU Trademark “sArb – Simplified Arbitration Reference Facility” or any other intellectual property queries, write to us as at [email protected]

You may contact us in general in connection to these Terms and Conditions at:

Full name of legal entity: American Chamber of Commerce in Romania

Email address: [email protected]

Postal address: 11 Ion Campineanu St, Union International Center, 4th Floor, Bucharest – 010031, RO

Telephone number: + 40 21 312 48 34

sArb uses a Robotic Process Automation (RPA) process built by UiPath to facilitate the conclusion of arbitration agreements. sArb collects the required information from one user (“Party 1” or the “Proposer”) filling out the sArb form by providing details about itself, its intended counterparty (“Party 2” or the “Counterparty”) and their underlying legal relationship (the “Contract”). Pressing “Submit” starts the RPA process which uses the information provided to generate the Arbitration Agreement and organize the taking of signatures via an electronic signature process managed by DocuSign. Signing the Arbitration Agreement is open to the Counterparty for limited time and will otherwise lapse and the process will come to an end. By submitting your information to the automation, you confirm that you have consulted the template document contents which would be assembled by the automation and which is available for viewing and download here.

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for. See our Privacy Policy for more details on how we protect your personal data.

BY USING OUR SITE YOU ACCEPT THESE TERMS 

Your access to and use of our website is conditioned on your acceptance of and compliance with these terms of use. These terms apply to all visitors, users and others who access or use the website. By checking the box indicating “I Agree to the Terms and Conditions”, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, or if you have not had first obtained legal advice on it, you must not use our website. THIS IS VERY IMPORTANT, BECAUSE BY AGREEING TO THESE TERMS AND USING THIS WEBSITE YOU UNDERTAKE LEGALLY CONSEQUENTIAL ACTIONS FOR YOU AND YOUR BUSINESS AND YOU SHOULD THEREFORE READ CAREFULLY THE TERMS BELOW, TAKE INDEPENDENT LEGAL ADVICE IN ANY APPLICABLE JURISDICTION AND ONLY PROCEED TO USING THE FACILITY IF COMFORTABLE YOU UNDERSTAND ALL IMPLICATIONS OF ITS USE.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU 

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy. See further under How we may use your personal information.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

WE MAY MAKE CHANGES TO THESE TERMS 

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE 

We may update and change our site from time to time to reflect changes to the process or the parties involved in the process.

WE MAY SUSPEND OR WITHDRAW OUR SITE 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

At the moment, the use of the sArb process is free. However, we reserve the right to charge a fee for the use of the process in the future, subject to adequate prior notice.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

We do not represent that content available on or through our site is appropriate for use or available in any particular location or jurisdiction.

NO USER ACCOUNT

We do not provide user accounts on our website at this time. Therefore, do not rely on being able to return to dedicated space without our website which holds your data, history of use and similar record of your interactions with the website.

HOW YOU MAY USE MATERIAL ON OUR SITE 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

sArb – Simplified Arbitration Reference Facility™ is a registered trademark protected under EU law.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

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

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.

DO NOT RELY ON INFORMATION ON THIS SITE 

The content on our site 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 site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

In particular, but without prejudice to the generality of the above, while we encourage the use of international arbitration in appropriate circumstances, we do not, whether by means of this site or the sArb process, offer legal advice on any matter or legal issue whatsoever. Consequently, we expect you to use the site and the sArb process having first obtained prior independent legal advice on all matters related to its use, to arbitration agreements or to arbitration in general or any other legal or practical concern you may have.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

Whether you are a consumer or a business user:

•            We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

•            We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

•            We will not be liable to you 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:

use of, or inability to use, our site; or

use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

•            Importantly, we do not, in any way, guarantee that the sArb process is successful for any purpose, including the obtention of an enforceable or binding agreement in any jurisdiction. We expect that you form your own assessment on the fitness of the process for any purpose whatever.

If you are a consumer user:

•            Please note that we only provide our site for private educational use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

•            If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

HOW WE MAY USE YOUR PERSONAL INFORMATION 

We will only use your personal information as set out in our Privacy Policy.

UPLOADING CONTENT TO OUR SITE 

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary to the extent necessary to permit the sArb process. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload (below).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD 

When you upload or post content to our site, you grant us the following rights to use that content:

•            You provide us with an express, unlimited, irrevocable and unconditional licence to use all information and data you input into the form found on s-arb.org.

•            You provide us with express power and authority to send or arrange the sending of communications specific to the sArb process to you (at the email address you provide) and to your counterparty (at the email address you provide).

CONFIDENTIALITY

If you are the person initiating the sArb automation (the ‘Proposer’)

By providing us with the information you input into the sArb form and by accepting these terms, it is possible that you may in effect disclose information which may be protected by confidentiality or similar obligations under contract or the law.

You give us express power and authority to use all such information without restriction in the manner we describe here and on the website, including by way of processing it to assemble the Arbitration Agreement, dispatching it to DocuSign or other third party signature provider, automating emails and disclosing such information to the email addresses you provided for you and for your Counterparty.

We are not responsible for any loss caused of whatever nature by such use and you hereby covenant to indemnify us and hold us harmless for any loss of whatever nature caused by, or claim of any person in connection with, such use.

You hereby warrant that your disclosure of any information by means of the s-arb.org platform or our use in the manner contemplated by these terms or the sArb process described on our website, will not be in breach of any agreement or legal obligation binding on you in relation to any third party and you covenant to indemnify us and hold us harmless against any claim related to any alleged breach.

Furthermore, you hereby release and waive any conflict of interest obligation or liability which by virtue of your use of the s-arb.org website or automation, may become binding on us, UiPath or Consortium Legal under any applicable law.

If you are the person indicated by the Proposer as its ‘Counterparty’

By countersigning the Arbitration Agreement proposed by the Proposer, or by in any way using any feature of the s-arb.org website or automation, you agree to release us, UiPath and Consortium Legal from any obligation or liability whatsoever in connection to any disclosure made by the Proposer related to your legal relationship with the Proposer.

Furthermore, you hereby release and waive any conflict of interest obligation or liability which by virtue of your use of the s-arb.org website or automation, may become binding on us, UiPath or Consortium Legal under any applicable law.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM 

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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. By breaching this provision, you would commit a criminal offence. 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.

RULES ABOUT LINKING TO OUR SITE 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

You must not establish a link to our site in any website that is not owned by you.

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.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES? 

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Romanian law. We both agree that the courts of Romania will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Romanian law. We both agree that the courts of Romania will have exclusive jurisdiction.

ANNEX 1: Acceptable Use Policy

s-arb.org Acceptable Use Policy

(to be read in conjunction with the s-arb.org Terms & Conditions)

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

What’s in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way,

Who we are and how to contact us

s-arb.org is a website owned by the Bucharest International Arbitration Court – BIAC (www.bucharestarbitration.org) (BIAC). BIAC is an unincorporated division of the American Chamber of Commerce in Romania (www.amcham.ro, AmCham Romania.)  s-arb.org is currently run as an unincorporated pro-bono collaboration between BIAC, UiPath (www.uipath.com) and Consortium Legal (www.consortium.legal), for the advancement of international arbitration, modern ADR and the use of Robotic Process Automation in the legal sector. The website was created by www.churchofpixel.co.uk for BIAC – Bucharest International Arbitration Court. If you have any queries with regard to the EU Trademark “sArb – Simplified Arbitration Reference Facility” or any other intellectual property queries, write to us as at [email protected]

To contact us generally, please write to us at:

Full name of legal entity: American Chamber of Commerce in Romania

Email address: [email protected]

Postal address: 11 Ion Campineanu St, Union International Center, 4th Floor, Bucharest – 010031, RO

Telephone number: + 40 21 312 48 34

By using our site you accept these terms

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our Terms & Conditions of website use also apply to your use of our site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

•            In any way that breaches any applicable local, national or international law or regulation.

•            In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

•            For the purpose of harming or attempting to harm minors in any way.

•            To bully, insult, intimidate or humiliate any person.

•            To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

•            To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

•            To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

•            Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

•            Not to access without authority, interfere with, damage or disrupt:

•            any part of our site;

•            any equipment or network on which our site is stored;

•            any software used in the provision of our site; or

•            any equipment or network or software owned or used by any third party.

Interactive services

s-arb.org offers an automation service consisting in document assembly, automated emails and document signature routing. Please see the full description of the process in our Terms & Conditions and on the website.

We may from time to time also provide interactive services on our site, including, without limitation:

•            Chat rooms.

•            Bulletin boards.

•            Other services designed for enhancing user experience.

(interactive services.)

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).

We will do our best to assess any possible risks for users (and in particular, for children) 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.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

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.

Content standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

AmCham Romania will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

•            Be accurate (where it states facts).

•            Be genuinely held (where it states opinions).

•            Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

•            Be defamatory of any person.

•            Be obscene, offensive, hateful or inflammatory.

•            Bully, insult, intimidate or humiliate.

•            Promote sexually explicit material.

•            Include child sexual abuse material.

•            Promote violence.

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

•            Infringe any copyright, database right or trade mark of any other person.

•            Be likely to deceive any person.

•            Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

•            Promote any illegal activity.

•            Be in contempt of court.

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

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

•            Impersonate any person, or misrepresent your identity or affiliation with any person.

•            Give the impression that the Contribution emanates from AmCham Romania, UiPath or Consortium Legal, if this is not the case.

•            Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

•            Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

•            Contain any advertising or promote any services or web links to other sites.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the Terms & Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

•            Immediate, temporary or permanent withdrawal of your right to use our site.

•            Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.

•            Issue of a warning to you.

•            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.

•            Further legal action against you.

•            Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country’s laws apply to any disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by the laws of Romania. You and we both agree that the courts of Romania will have exclusive jurisdiction.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Romania. We both agree to the exclusive jurisdiction of the courts of Romania.

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