Online terms and conditions

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1. Terms and conditions for all IB websites

1.1 General terms and definitions

The IB websites are owned and operated by the International Baccalaureate Organization (the "IB Organization"), which is a foundation under Swiss law whose registered office is in the canton of Geneva, Switzerland, at Route des Morillons 15, Grand-Saconnex, Geneva, CH-1218, Switzerland. The IB Organization can be reached by electronic mail at ibhq@ibo.org, by telephone on +41 22 791 7740 and by fax on +41 22 791 0277.

The IB Organization owns and operates various websites and web pages, including the general site accessed under http://www.ibo.org that is accessible to the public (collectively the “IB websites”). A number of IB websites are strictly reserved for the use of persons duly authorized by the IB Organization, who have been provided with personal identifications and/or passwords; such sites include the online curriculum centre (OCC), IBNET, IBIS and Examnet. For the purpose of the present terms and conditions, the IB staff intranet shall not be considered to be an IB website.

Access to the IB websites is offered to you solely upon condition of your acceptance, without modification, of the terms and conditions of use contained herein (the “terms and conditions”). Your accessing, browsing and/or use of any IB website constitutes your acceptance of all such terms and conditions.

The terms and conditions may be updated and/or revised from time to time by the IB Organization without individual notice to you. The IB Organization may change the terms and conditions at any time by posting changes online. Please be aware that you are responsible for regularly reviewing them.

The IB Organization may suspend or vary the whole or any part of the service offered on the IB websites for any reason, at any time, at its sole discretion.

1.2 Links to third party websites

The IB websites may contain links to third party websites (“linked sites”).

The IB Organization has no means of control at its disposal for such linked sites and it is not responsible for the contents or availability of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. The inclusion of any link does not imply endorsement by the IB Organization of the linked site or any association with its operator. The IB Organization does not guarantee that a linked site will work appropriately and will not contain computer viruses or other bugs that could harm your Internet-access device.

You are responsible for viewing and abiding by the terms and conditions of use posted at the linked sites.

1.3 No unlawful or prohibited use

As a condition of your use of the IB websites, you agree to the following.

1.3.1        Not to cause nor allow others to cause any offence or nuisance, whether to the IB Organization or its clients or to users of the IB websites by any means.

1.3.2        Not to use any IB website to transmit or post any material that:

• may be defamatory, offensive, obscene or of threatening character
• may, in the opinion of the IB Organization, cause a nuisance to the organization, its staff or any other person
• is illegal or infringes upon the intellectual property rights of the IB Organization or of a third party
• contains reference to commercial postings or postings that advertise commercial services
• is prohibited by the terms and conditions.

1.3.3        Not to use nor allow others to use any IB website in a manner that could damage, disable, overburden, or impair any IB website (or the network(s) connected to any IB website) or interfere with any other party's use of any IB website.

1.3.4        Not to use nor allow others to use any IB website to gain unauthorized access to facilities or services nor for any activity with any of the following objectives or consequences:

• corruption or destruction of data belonging to the IB Organization or a third party
• violation of the privacy of another person
• continued use of an item of hardware after the IB Organization has requested that the use cease
• any other deliberate misuse of any IB website.

1.3.5        Not to attempt to gain unauthorized access to any IB website or to restricted sections of such website or to other accounts, computer systems or networks connected to any IB website, through hacking, password mining or any other means.

1.3.6        Not to attempt to obtain materials or information not intentionally made available through an IB website.

1.4 Passwords

You agree that you will keep any identification and/or password issued to you confidential and will not disclose it to any third party. In the event of any misuse of the password or breach of this condition, you agree to notify us immediately via web@ibo.org.

If a user is in breach of any of these terms and conditions, the IB Organization may withdraw access to any account and cancel any password issued.

1.5 General liability disclaimer

The information, software, products and services included in or available through the IB websites may include inaccuracies or typographical errors. The IB Organization reserves the right to make changes to any IB website and to the information therein.

The IB Organization does not guarantee that documents available on its websites exactly reproduce the latest version of said documents.

The IB Organization makes no representations or warranty about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the materials, information, software, products, services and graphics contained within the IB websites for any purpose. All such information is provided “as is” without any warranty.

It is a condition of your use of the IB websites that the IB Organization has no liability for any action you may take in reliance on the information on the IB websites. Further, you agree that the IB Organization will not be liable if your use of any IB website results in the need for servicing, repair or correction of equipment or data.

You agree that the IB Organization shall not be responsible for your transmissions of data, nor for any material or data sent or received through an IB website. As a result, the IB will not be liable for any unauthorized access to or loss or alteration of such data.

You agree that the IB Organization shall not be responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any third party or any infringement of another's rights, including but not limited to intellectual property rights by such third party. You agree that the IB Organization is not responsible for any content sent via and/or included in the IB websites by a third party.

In no event shall the IB Organization be liable to you (whether in contract, tort or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, loss of data, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in any way connected with the access to, the use or performance of any IB website, with the delay or the inability to use any IB website, the provision or the failure to provide services or for any information, software, products, services and graphics obtained through any IB website, or otherwise arising out of the use of any IB website.

1.6 Indemnity

You agree to indemnify and hold the IB Organization and its directors, managers, employees or agents harmless from any costs (including legal costs), claims, losses and expenses arising from or related to your breach of these terms and conditions.

1.7 Trademarks

You are prohibited from copying or using any trademarks or logos that appear on the IB websites without prior written consent from their owner.

In various forms, combinations and logos, the names “International Baccalaureate”, “IB” and “IB World School” are registered as trademarks worldwide by the IB Organization. Their use is prohibited and special permission is required before any use may be made of them. To request permission from the IB Organization, email logos@ibo.org.

1.8 Copyright

1.8.1 Content of and materials on the IB websites

Materials included on the IB websites, such as photographs, illustrations, images, text, audio clips, video clips and software are the copyright of the IB Organization or are reproduced with permission of other copyright owners. The content of the IB websites are copyright of the IB Organization or third parties. All rights are reserved.

You may not reproduce (in whole or in part), modify, transfer, republish, distribute, transmit (by electronic means or otherwise), create derivative works from, sell or otherwise exploit the content of or materials on the IB websites without prior written consent from the IB Organization, unless such content or material carries a specific mention to the contrary. In particular, you may not include or allow third parties to include in any other publication, website or product the content of the IB websites or the materials posted thereon. The content of and materials posted on the IB websites may be retrieved only for your personal use and may be downloaded and stored on your hard disk or similar storage device or sent to a printer solely for that purpose.

To request permission to use any content of or materials on the IB websites in a way not permitted under the present terms and conditions, email copyright@ibo.org. Any prohibited use may result in civil and criminal penalties.

1.8.2 Postings by users

By posting content, materials or data of any kind to this website (for example, to a discussion forum), you irrevocably confer a free non-exclusive worldwide licence on the IB Organization, allowing it to use, publish and reproduce such content, materials or data on all IB websites and in any other form.

Your general obligations with respect to your postings are regulated in clause 1.3.2 above.

1.9 Licence disclaimer

Nothing on the IB websites shall be construed as conferring any licence under any of the IB or any third party's intellectual property rights.

1.10 Treatment of personal data by the IB Organization

“Personal data” is any data that identifies a person or that, together with any other available data, makes any person identifiable to another.

When accessing and/or using certain IB websites or sections or services of such websites, you will be asked to provide personal data, such as name, email address, postal address, billing and shipping information. In addition, the IB websites use cookies.

Your personal data may be collected, processed and/or stored by the IB Organization for the following purposes:

• for identification purposes when you apply for a password, when you access password-protected websites or areas of a website, when you post information to a website, for example, to a discussion forum or when you send information to the IB Organization in any form
• to fulfill contractual duties toward you, for example, for billing and shipping purposes when processing purchase orders or requests for documents or to enforce contractual claims against you
• to enforce claims arising out of your breach of the terms and conditions
• to transmit an IB Diploma Programme student’s data to universities when such student specifically requests the IB Organization to do so
• for a statistical analysis of the IB websites’ user structure
• for promotional purposes, if you expressly agree to receive IB promotional materials.

To find out what personal data the IB Organization holds about you, write to the head of data protection at International Baccalaureate, Route des Morillons 15, Grand-Saconnex, Geneva, CH-1218, Switzerland. There will be an administrative charge for this service. If need be, you may then place a written request for the correction of any inaccurate data or the deletion of data that is demonstrably no longer needed.

As the IB Organization is a non-governmental organization (NGO) that engages in activities worldwide, IB staff, affiliates or contractors may access, store or process any personal data you submit to the IB Organization in countries that do not afford a level of data protection equivalent to Switzerland or the UK. By submitting personal data to the IB Organization you irrevocably agree to the export of your data to such countries.

While the IB Organization will use its reasonable endeavours to protect the personal data submitted to it from access, misuse, dissemination or alteration by non-authorized persons, it does not accept responsibility for such acts committed while such data is in transit through the Internet or stored on the IB’s Internet servers. By submitting personal data to the IB Organization you agree not to hold the IB Organization, its directors, staff and affiliates responsible for any such breach of confidentiality or integrity of your personal data.

The IB Organization may disclose personal data if it believes, in good faith, that such disclosure is necessary to comply with applicable law, enforce or apply the terms and conditions, or to protect the property, rights or safety of the IB Organization, its websites’ users or others.

1.11 Use of personal data found on the IB websites

You may not use any personal data found on the IB websites except to:

• communicate with IB staff concerning matters related to their work at the IB Organization
• communicate with other persons concerning their IB-related activity
• fulfill your own or your employer’s contractual obligations toward the IB Organization.

In particular, you undertake not to use or allow third parties to use any personal data shown on an IB website to send unsolicited commercial mailings or emails.

1.12 Terms for ordering goods online

You may purchase online certain publications and other products as set out on the relevant IB website (“goods”) on the following terms.

1.12.1      The goods are offered to you by the IB Organization, via its online store at http://store.ibo.org.

1.12.2      After you have completed the electronic order for any of the goods, you are required to visit the Checkout and review your delivery and payment information, clicking the button labelled “Continue” to proceed. On the payment information page you are given the opportunity to link to the terms and conditions page. If you do not tick the check box confirming you have read and agreed to the terms and conditions, you cannot proceed with the order process.

1.12.3      If you agree to the terms and conditions you will then be able to proceed to a page showing a synopsis of all information entered in your order. At this stage, you must verify that the information is correct. You may click the “Edit” links to go back to the order form and correct any errors. If you choose to do so, you can click “Continue” again after correcting the error(s) and you will be shown a revised synopsis.

1.12.4      By clicking the button labelled “Confirm Order” on the synopsis page you submit your order to the IB store. Whenever possible, the IB store will immediately acknowledge receipt of your order via email or via an on-screen confirmation message. However, the IB store is not obliged to sell the goods to you and no contract will exist until the IB store has dispatched the goods to you. The IB store expressly reserves the right to reject any order for any reason.

1.12.5      The IB Organization aims to ship the goods to you within 3 working days of receiving your order but cannot give an exact delivery date. If the IB Organization has not delivered the goods within 30 days of receiving your order, you may cancel the order and claim a refund. In this case, the IB Organization will refund any money paid by you within 60 days of receiving your order.

1.12.6      The IB Organization may not necessarily keep a copy of these terms and conditions or of your order. The IB Organization therefore advises you to print a copy of them for your information in the future.

1.12.7      The IB Organization retains full title, ownership and property of all goods ordered by you until it receives full payment.

1.12.8      If you are a consumer (that is, you are a private individual and your purchase is not made wholly or partly for the purpose of your business or profession) you have the right, in addition to your other rights, to cancel the contract (other than for video, audio or software products which have been unsealed by you) and to receive a refund. You must inform the IB Organization in writing if you wish to cancel within 7 working days, starting on the day after the goods are delivered to you. If you choose to cancel then you must return the goods to the IB Organization at your cost and risk and the IB Organization recommends that the goods are adequately insured by you during the return journey. If you have not returned the goods within 14 days of cancellation or when requested by the IB Organization to do so, whichever occurs first, the IB Organization can collect the goods from you at your cost.

1.13 Severability, applicable law and jurisdiction

1.13.1      If any provision of the terms and conditions is determined to be invalid or unenforceable, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in effect.

1.13.2      These terms and conditions are governed by Swiss law. You hereby consent to the exclusive jurisdiction and venue of the courts of Geneva, Switzerland, for all disputes arising out of or relating to the terms and conditions.

2. Additional terms and conditions for IB websites with restricted access

2.1 Additional terms for the online curriculum centre

Your use of the online curriculum centre (OCC) is subject to all the terms and conditions under section 1 and to the following additional terms and conditions.

2.1.1 Definition of website and users

The online curriculum centre (OCC), accessed under http://occ.ibo.org, is offered as a service to you if you are: a teacher at an IB school (that is, a school that has been duly authorized by the IB Organization as an IB World School or a school recognized by the IB Organization as a candidate for authorization), an IB chief examiner, an IB workshop leader, a teacher studying on a course recognized under the IB teacher award scheme, a teacher who has registered for an IB teacher award (for a period of two years), a lecturer at a university planning and delivering IB-recognized courses of study, or an individual given access by the IB Organization for a specific purpose.

2.1.2 Copyright

Notwithstanding article 1.8.1 of these terms and conditions, as a duly authorized user of the OCC, you may use the materials contained in the OCC for teaching within an IB school (either a candidate or an authorized IB World School) or within an IB-approved workshop, or while following a recognized course of study associated with the IB teacher award scheme, provided always that the IB is acknowledged as the original source and that the materials are used only in the following ways and/or for the following purposes:

• copying of material for teaching activities
• preparation of courses for study
• providing information about courses to the school community.

Where a school ceases to have IB candidate or IB World School status, continued access to the OCC by the school’s staff is prohibited and all use within the school of materials previously downloaded from the OCC shall be governed by article 1.8.1 of the present terms and conditions.

2.1.3 No prohibited use

The IB Organization reserves the right to edit or delete any content (materials and/or resources) posted by you, the user, if it is deemed inappropriate or unsuitable (including postings for commercial purposes) as defined in article 1.3.2 above.

As a forum user you must agree to follow the “netiquette” principles of the OCC.

2.1.4 Applicable law and jurisdiction

Notwithstanding article 1.13 of these terms and conditions, all disputes arising from or in connection with the use of the OCC shall be finally settled by one arbitrator in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry of Geneva. The seat of the arbitration shall be Geneva, Switzerland. The proceedings shall be confidential and the language of the arbitration shall be English.

2.2 Additional terms for IBIS

Your use of the International Baccalaureate information system (IBIS) is subject to all the terms and conditions under section 1 and to the following additional terms and conditions.

2.2.1 Definition of website and users

IBIS provides administrative functions and information related to the organization’s examination sessions. Access to this site is strictly limited to authorized users who have been allocated login credentials by the IB Organization upon verification of their entitlement to such functions and information.

2.2.2 Your personal security obligations

Every possible effort is made by the IB Organization to protect the confidentiality, integrity and availability of IBIS. However you also have a personal obligation to help protect the security of the data for which you are responsible within this site. Your use of IBIS constitutes recognition of that obligation and agreement to the following terms.

2.2.2.1 IBIS login credentials

You must make every reasonable effort to keep the computer(s) you use to access IBIS as secure as possible. This includes, but is not limited to:

• ensuring that you do not store any sensitive information relating to IBIS, for example, your login credentials, anywhere on or near your computer(s)
• ensuring that you properly log out of IBIS when you have finished using it to prevent another person from gaining access to IBIS using your session
• ensuring that your login credentials cannot be observed by another person watching you typing them in
• ensuring that you are running anti-virus software and that you keep such software up to date by regularly installing the latest signature files
• ensuring that you are running personal firewall software and that such software is configured appropriately and kept up to date
• ensuring that you download and install the latest security patches for your operating system and web browser regularly and pay heed to security notices and advice issued by your operating system and web browser vendors.

2.2.3 Your use of IBIS

You are advised and warned that all activity on IBIS is monitored and logged. Your use of IBIS constitutes consent to such monitoring and logging. Access to IBIS may be withdrawn from you as a user if you are suspected of abusing this site and an immediate investigation will be carried out. The IB Organization will take action against you, either disciplinary or legal or both, and against all individuals who attempt to compromise the security of this site.

When accessing any part of IBIS you may not attempt to:

• bypass or subvert any of the security measures employed in the site
• carry out any form of reconnaissance or profiling of this site or its users by any means
• cause any disruption to the availability of this site, intentionally or otherwise
• upload any file or program of any description that may compromise the security of the site and its users
• use this site for any purpose other than that for which it is intended
• add, modify or delete any data without specific authorization
• log in using another person’s login credentials or impersonate another IBIS user by any other means.

2.2.4 Withdrawal of access to IBIS

If you breach any of these terms, the IB Organization reserves the right to withdraw your user account at any time and to initiate an immediate investigation. Therefore your ability to access IBIS will be suspended and possibly terminated.

2.2.5 Applicable law and jurisdiction

Notwithstanding article 1.13 of these terms and conditions, all disputes arising from or in connection with the use of IBIS shall be finally settled by one arbitrator in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry of Geneva. The seat of the arbitration shall be Geneva, Switzerland. The proceedings shall be confidential and the language of the arbitration shall be English.

2.3 Additional terms for IBNET

Your use of IBNET is subject to all the terms and conditions under section 1 and to the following additional terms and conditions.

2.3.1 Definition of website and users

IBNET, accessed under http://ibnet.ibo.org, is a secure website for the exchange of all IB-related materials and data between the IB Organization and IB World Schools. Access is strictly limited to IB programme coordinators (or persons acting on behalf of such coordinators) who have been issued an identification and password upon verification of their entitlement.

2.3.2 Copyright

Notwithstanding article 1.8.1 of these terms and conditions, as a duly authorized user of IBNET, you may freely use all materials therein, provided that:

• you are acting in your capacity as coordinator of an IB programme within an IB World School or have been duly authorized to act on behalf of such coordinator, and
• the materials are used for a purpose required by the Rules for IB World Schools (2006, 2007) applicable between the IB Organization and the school that employs you.
• You, the user, may distribute materials downloaded from IBNET to members of the staff of the school employing you, provided that:
• these materials have been placed on IBNET for the purpose of distribution, and
• the IB Organization is clearly acknowledged as the owner of the materials.

2.3.3 Applicable law and jurisdiction

Notwithstanding article 1.13 of these terms and conditions, all disputes arising from or in connection with the use of IBNET shall be finally settled by one arbitrator in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry of Geneva. The seat of the arbitration shall be Geneva, Switzerland. The proceedings shall be confidential and the language of the arbitration shall be English.

2.4 Additional terms for Examnet

Your use of Examnet is subject to all the terms and conditions under section 1 and to the following additional terms and conditions.

2.4.1 Definition of website and users

Examnet, accessed under http://examnet.ibo.org, is a secure website for the exchange of information between the IB Organization and IB examiners. Access is strictly limited to IB examiners who have been issued an identification and password upon verification of their entitlement.

2.4.2 Copyright

Notwithstanding article 1.8.1 of these terms and conditions, as a duly authorized user of Examnet, you may freely use all materials therein, provided that:

you are acting in your capacity as an IB examiner

the materials are used for a purpose required under the General Terms of Contract between the IB Organization and you, the user

and

whenever you distribute materials downloaded from Examnet in performance of the aforementioned contract, the IB Organization shall clearly be acknowledged as the owner of the materials.

2.4.3 Applicable law and jurisdiction

Notwithstanding article 1.13 of these terms and conditions, all disputes arising out of or in connection with the use of Examnet shall be finally settled by one arbitrator in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry of Geneva. The seat of the arbitration shall be Geneva, Switzerland. The proceedings shall be confidential and the language of the arbitration shall be English.

2.5 Additional terms for the universities and governments page

Your use of the secure universities and governments information page (the “universities page”) is subject to all the terms and conditions under section 1 and to the following additional terms and conditions.

2.5.1 Definition of website and users

The universities page, accessed under http://www.ibo.org/universities is offered as a service to educational institutions and government services duly authorized by the IB Organization who have been issued an identification and password upon verification of their entitlement.

2.5.2 Copyright

Notwithstanding article 1.8.1 of these terms and conditions, as a duly authorized user of the universities page, you may freely use the materials contained therein for internal assessment and information purposes. Where such materials are being distributed in furtherance of the above-mentioned purposes, the IB Organization shall be acknowledged as the original source. You may not sell or use these materials for any commercial purpose.

2.5.3 Applicable law and jurisdiction

Notwithstanding article 1.13 of these terms and conditions, all disputes arising out of or in connection with the use of the universities page shall be finally settled by one arbitrator in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry of Geneva. The seat of the arbitration shall be Geneva, Switzerland. The proceedings shall be confidential and the language of the arbitration shall be English.

Version 2.0: December 2007

Previous revision: 19 November 2003