Terms and conditions

Terms and Conditions of Membership of IELA

TERMS AND CONDITIONS OF MEMBERSHIP OF IELA (INTERNATIONAL EMPLOYMENT LAWYERS ASSOCIATION), an association registered with the Prefecture of Paris, France, on April 13, 2018 under number W751244568 and stick to the French Law of July 1st, 1901 and the Decree of August 16th, 1901.

1. PURPOSE

1.1 The present terms and conditions of use must be applied, in the absence of other specific conditions expressly agreed to IELA Members registered on the site www.iela.eu.

1.2 The access and registration in IELA, the use of the services and resources of it and the products or services that can be obtained through it, are completely voluntary and imply the express acceptance of all the terms set out in these conditions, in the version published at any time and without prejudice to access to any service may require the acceptance of additional special conditions. IELA reserves the right to modify the general conditions of use at any time, whenever it deems it appropriate.

2. COMPOSITION OF THE ASSOCIATION

The association is open to all labor and social security lawyers without condition or distinction.

The association is composed of:

Honorary Members
Benefactor Members
Active or adherent Members, which include natural or legal persons, sections of the Bar Association and foundations, without prejudice to other entities not listed above and which may join in the future (and IELA will reserve its right of admission). Legal entities must be represented by their legal managers or represented by a power of attorney.

For other professionals and legal entities (magistrates of different jurisdictions and levels, lawyers in general, workers from legal service in companies or trade union or professional organizations, labor inspectors and other officials, students, etc.), IELA reserves its right of admission.

3. SUSCRIPTION

3.1 The payment of a fee is mandatory and sine qua non condition to belong to IELA. The price of it must be determined at the discretion of the Board of Directors, without prejudice to possible changes, increases or reductions that may occur in the future. This payment must be made on an annual or monthly subscription through the means provided by the association itself, which shall be, again, at the discretion of the Board of Directors.

3.2 The payment is a guarantee of the voting rights and other benefits acquired by the Member during the time he/she belongs to IELA. The default might result in termination of Membership and loss of Membership rights (see 4. Termination).

3.3 The payment corresponding to the first year of life of the association (2021), has an annual cost of EIGHTY-NINE EUROS AND NINETY CENTS (89.90 €) or EIGHT EUROS AND NINETY CENTS (8.90 €) monthly. In next years, the amount will be established by the Board of Directors. Also, the changes derived from organizational or socio-economic reasons in the fee shall be at the discretion of the Board of Directors.

3.4 Exceptions:

Honorary Members, understood as those individuals or legal entities that provide or have provided active service to the association, are exempt from payment. The appointment and termination of honorary Members shall be at the discretion of the Board of Directors. The cessation as honorary Member will result the end of the extinction of the free Membership fee, without prejudice to the fact that the cessation of Membership may be incorporated as a general Member or benefactor Member,
Benefactor Members, understood as those individuals or legal entities that actively and notably benefit from the activities of the Association, shall pay the amount established by the Board of Directors on an annual basis.

4. CANCELLATION

Members might be removed from Membership for any of the following reasons:

Due to non-payment of dues or for serious misconduct, after having invited the person concerned by registered mail to provide explanations before the board and/or in writing. The rules of procedure shall specify the modalities of the exclusion, the possibilities of defense and appeal of the Member.
Resignation.
Death.

5. INFORMATION PROVIDED BY THE MEMBERS

This section includes all the information provided by the Members on the website www.iela.eu.

The Members are responsible for the accuracy, truthfulness and currency of any information, text, image, or data provided during registration or during the use of IELA, and IELA reserves the right at any time to withdraw the right to access IELA, to remove passwords or even to remove any resource posted by the Member, at its sole discretion.

The partner warrants to IELA that it is the legitimate owner or has the right of free disposal of the resources and that the resources respect the rights of confidentiality, copyright, trademark, patent, know-how and any other intellectual or industrial property rights of third parties and that they do not violate any regulation. The partner shall be only liable for any claim by a third-party claiming to have own rights to the Resources and shall indemnify IELA for all damages that may have been caused to it, if the partner must face claims from third parties arising from the infringement of such rights.

The Member allows IELA the rights of reproduction, distribution, and public communication of the resources, both on physical and digital media.

The Member undertakes not to introduce in IELA resources that contradict the provisions of the Law, morality, public order and these terms and conditions and, where appropriate, the conditions applicable at any time. For example, and not limitation, the Member agrees to:

Not to introduce or disseminate data programs (virus and harmful software), likely to cause damage to the computer systems of the access provider, its suppliers, or third-party partners of the Internet network.
Not to transmit unsolicited or unauthorized advertising, advertising material, spam, chain messages, pyramidal structures or in any other form, except in those areas, such as commercial spaces, which have been exclusively reserved for this purpose.
Not to introduce or disseminate false, ambiguous, or inaccurate information and content that may mislead third parties.
Not to disseminate, transmit or make available to third parties resources that constitute illegal advertising or unfair competition.
Not to disseminate, transmit or make available to third parties any resources that involve a violation of the secrecy of communications and / or the rules of protection of personal data.
Not to disseminate, transmit or make available to third parties any resources that violate the intellectual and industrial property rights of third parties.

6. DUTY OF CONFIDENTIALITY OF THE PARTNERS

6.1 Members must safeguard with due diligence their passwords to IELA and shall not allow other persons to access it from their accounts. In case of detecting the use of his/her account by other persons or the loss, theft or disclosure of his/her password, the Member is obliged to inform IELA immediately. In no event shall IELA be liable for any loss of data or breach of confidentiality or for any consequences arising from any misappropriation of the Member's identity if the Member is negligent in the safekeeping of the passwords provided to the Member or if the Member fails to notify IELA as aforesaid.

6.2 The Members shall not copy, alter, or modify the code, contents and/or design of IELA, nor interfere with its proper functioning.

6.3 The Member undertakes not to impersonate a third-party when accessing the IELA, not to attempt to access sections for which he/she is not authorized and not to make unlawful use of, provoke or attempt to provoke any security breach in the IELA.

6.4 Any breach of these terms and conditions shall entitle IELA to withdraw the Member's right of access to IELA, by deleting the access codes, or even by removing any resources posted by the Member, at its sole discretion.

7. SECURITY

7.1 IELA uses all technical means at its disposal to prevent the loss, misuse, alteration, modification, unauthorized access or theft of personal data and information provided by the Members, notwithstanding that security measures on the Internet are not impregnable, a circumstance that the Member personally accepts.

7.2 IELA undertakes to protect the security of the Member's personal information in the data transmissions that are made, ensuring that the information entered by the Members is properly encrypted.

8. ADVERTISING

IELA may insert on the website any advertising of its own or third parties that it considers of interest to the Members, undertaking not to provide personal information about them to advertisers, except for anonymous data on the use of IELA, to improve the service and to offer products and/or services tailored to the expectations and claims of the Members.

9. LIMITATION OF IELA'S RESPONSABILITY

9.1 The access and proper use of the resources and services offered by IELA are the sole responsibility of the Members and users of the Website, exempting IELA from liability for any improper, unlawful, or negligent use that any Member or user may make thereof.

9.2 IELA does not guarantee the availability, access, and continuity of operation of the Website iela.eu and therefore shall not be liable, within the limits established in the applicable regulations in force, for damages and losses that may be caused to the Member because of unavailability, access failures and/or lack of continuity in the operation.

9.3 The iela.eu Website may contain links to other websites, and IELA is not responsible for their content or the consequences arising from the use of them by the Members.

9.4 IELA undertakes to apply all necessary technical measures to try to guarantee the Member the absence of viruses of any kind and any similar elements on the website. Notwithstanding the foregoing, such measures are not infallible, so IELA does not guarantee the absence of such harmful elements, declining any responsibility for any damage they may cause to the Member or third parties.

9.5 IELA does not guarantee the truthfulness or accuracy of the resources published by the Members on the iela.eu Website, nor does it guarantee their origin or ownership, nor the use or practical application of the same by the Members. Members may inform IELA of any infringement detected for IELA to take the measures it deems appropriate.

9.6 Advertisers on the iela.eu Website or third parties contacted through the iela.eu Website are entirely at their own risk and, therefore, IELA assumes no liability whatsoever for any damages of any nature that may arise from their negotiations and contractual or extra-contractual relations with third parties contacted through IELA.

9.7 IELA reserves the right to modify, at any time and without prior notice, the content, appearance or functionality of the Website www.iela.eu, as well as to modify or suspend its services, temporarily or permanently, and to modify its conditions of use, for reasons of adaptation to current regulations or other reasons and is not responsible for technical failures or interruptions of services. In any case, the Member may at any time access the current version of these terms of use from the section Legal Notice, rules of Use and privacy of IELA.

9.8 In the customer referral program, IELA is indemnified against the Member and third parties for bad advice received from a Member, or for defects in the service. IELA limits its role to intermediation between individuals and companies and partners who wish to provide such advice. The continuation and next steps taken, and the decisions made by the client or the professional partner thereafter are the sole responsibility of the professional handling the matter or the client who has requested their services through IELA.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The entire contents of the website www.iela.eu, such as, but not limited to, texts, images, sounds, files, trademarks, logos, color combinations, or any other element, its structure and design, the selection and form of presentation of the contents included therein, and the computer programs necessary for its operation, access, and use, as well as the software that integrates the Web iela.eu and its source codes, are the property of IELA or its suppliers.

Their use, reproduction, distribution, public communication, transfer, transformation, reverse engineering, or any other similar activity is strictly prohibited unless expressly authorized in writing by IELA.

10.2 The contents of the iela.es Website, introduced by IELA, in any format, are also protected by intellectual property rights of IELA or its suppliers. Their use or reproduction is only permitted within the scope of an express contractual relationship.

11. APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with these Rules.