Terms and conditions

1. Terms and conditions for all International Baccalaureate Organization websites

1.1 General terms and conditions

International Baccalaureate Organization (the “IB”) is a Swiss foundation, with its principal registered address at Route des Morillons 15, 1218 Le Grand-Saconnex, Geneva, Switzerland. To reach the IB, please see Contact the IB.

The IB 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 educators or other persons duly authorized by the IB, who have been provided with personal identifications and/or passwords; such sites include online curriculum center (“OCC”) and International Baccalaureate Information System (“IBIS”) (including e-coursework). For the purpose of these terms and conditions, the IB staff intranet shall not be considered to be an IB website.

By accessing any of the IB websites, you acknowledge and agree to accept and be bound by these terms and conditions including the IB’s Privacy Policy. If you do not agree, please do not use these sites.

These terms and conditions may be updated and/or revised from time to time by the IB without individual notice to you, by posting a notice online. Please be aware that you are responsible for reviewing any such updates or revisions whenever you access the IB websites. The IB 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 has no means of control at its disposal for linked sites and  is not responsible for the content 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 of the linked site or any association with its operator. The IB 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 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 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, cause a nuisance to the organization, its staff or any other person
  • is illegal or infringes upon the intellectual property rights of the IB or of a third party
  • contains reference to commercial postings or postings that advertise commercial services
  • is prohibited by these 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 or a third party
  • violation of the privacy of another person
  • continued use of an item of hardware after the IB 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 you become aware 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 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 reserves the right to make changes to any IB website and to the information therein.

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

The IB 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 IB websites, services, content and information is provided on an “as is”, ‘as available” basis without any warranty of any kind (including express or implied).

You agree that the IB 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 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 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 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, which can be found at http://www.ibo.org/myib/digitaltoolkit/logos/ the word marks “International Baccalaureate”, and “IB World School”, the IB logo and the trilingual logo are registered as trademarks by the IB. Their use is prohibited unless special permission has been granted by the IB. To request permission from the IB, email communications@ibo.org.

1.8 Copyright

1.8.1 Content of and materials on the IB websites

The content of, and all materials included or accessible on the IB websites, such as photographs, illustrations, images, text, audio clips, video clips and software are the copyright of the IB or are reproduced with permission of other copyright owners. 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, 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 the IB websites (for example, to a discussion forum) except for any materials posted for Assessment purposes or to the "Ombudsman" page of this website, you irrevocably confer a free non-exclusive worldwide licence on the IB, allowing it to use, publish and reproduce such content, materials or data on all IB websites and in any other form.

For the rules and regulations governing materials posted for Assessment purposes, please see the “Rules for IB World Schools” pertaining to the specific programme for which the material is being posted at http://www.ibo.org/en/become-an-ib-school/useful-resources/resource-library/

In addition, please refer to section 1.3.2 above which describes your general obligations.

1.9 Licence disclaimer

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

1.10 Notice and procedure for making claims of copyright or intellectual property infringement

The IB respects the intellectual property of others, and we ask our users to do the same. The IB may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the IB's Legal and Compliance Department at copyright@ibo.org with the following information:

  • a valid signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • a description of the copyrighted work or other intellectual property that you claim has been infringed
  • a description of where the alleged infringing material is located on the site
  • your postal address, telephone number, and email address
  • a statement by you that you in good faith believe the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on behalf of the copyright or intellectual property owner.

1.11 Terms for ordering goods online at http://store.ibo.org

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

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

1.11.2 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 review these terms and conditions page. If you do not tick the check box confirming you have read and agreed to these terms and conditions, you cannot proceed with the order process.

1.11.3 If you agree to these 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.

1.11.4 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.

1.11.5 The IB 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 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 will refund any money paid by you within 60 days of receiving your order.

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

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

1.11.8 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 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 at your cost and risk and the IB 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 to do so, whichever occurs first, the IB can collect the goods from you at your cost.

1.12 Terms for ordering transcripts and replacement certification online

This section refers to the conditions relating to the sale of transcripts and replacement certification (“Transcripts”) by the IB, purchased using the IB online request for results service. Please read these terms and conditions carefully before ordering.

Only parties that can lawfully enter into and form contracts under Swiss law can purchase Transcripts using the IB online request for results service (for example, minors are not permitted to use the IB online request for results service to purchase Transcripts).

1.12.1 The Transcripts are offered to you by the IB, via its online request for results service at http://rrs.ibo.org.

1.12.2 You are obliged to accept these terms and conditions confirming you have read and agreed to them. If you do not tick the check box you cannot proceed with the order process. After you have completed the electronic order for any of the Transcripts, you are required to submit your request and review your order information.

1.12.3 Whenever possible, the IB online request for results service will immediately acknowledge receipt of your order via email or via an on-screen confirmation message. However, the IB online request for results service is not obliged to sell the Transcripts to you and no contract will exist until the IB online request for results service has dispatched the Transcripts to you. The IB online request for results service expressly reserves the right to reject any order for any reason.

1.12.4 Where applicable, the IB online request for results service aims to process requests within 14 working days of receiving your order, however the IB cannot guarantee this turn around during peak working times.

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

1.12.6 The IB retains full title, ownership and property of all Transcripts ordered by you until it receives full payment.

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 that all disputes arising out of or relating to these terms and conditions shall be finally resolved by arbitration in Geneva, Switzerland, conducted in the English language by one arbitrator, in accordance with the Swiss Rules of International Arbitration, and using any permitted technology systems and electronic communications. Notwithstanding the above, you agree that nothing herein shall be deemed to limit the IB’s right to (i) institute an action in the courts of Geneva, Switzerland, or (ii) seek injunctive relief with respect to an actual or threatened breach  of intellectual property rights, data protection]or confidentiality obligations in any applicable jurisdiction.

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

2.1 Additional terms and conditions for OCC

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

2.1.1 License and Restrictions.

The 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 or a school recognized by the IB as a candidate for authorization)

for the term of your employment at such school

an IB chief examiner

for the duration of your contract

an IB deputy chief examiner

for the duration of your contract

an IB workshop leader

for as long as you are actively involved in workshop leading

a teacher studying on a course recognized under the IB teacher award

for as long as you are registered for such courses at a university recognized  for the IB teacher award

a teacher who has registered for an IB teacher award

for a period of two years from registration

lecturer/instructor/professor at a university planning and delivering IB-recognized courses of study

for the duration of those courses

an individual given access by the IB for a specific purpose

for as long as that purpose pertains

Access will be withdrawn once you are no longer active in the role which granted you access. If you have violated the terms and conditions of any other IB contract and if this violation has occurred on the OCC, it could jeopardize your OCC access.

Subject to these terms and conditions, you are granted a limited, personal, non-exclusive, revocable, non-transferable worldwide license to use IB copyrighted 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

You agree not to access (or attempt to access) OCC by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) OCC through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in OCC. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute OCC, its services or content; (ii) modify or make derivative works based on the information within OCC, its services or content; (iii) except for linking to OCC’s home page, create internet links to OCC, its services or content. All rights not expressly granted in these terms and conditions are reserved by the IB.

2.1.2 Content submitted by users

As an OCC account holder you may submit content. You understand that whether or not content is published, the IB does not guarantee any confidentiality with respect to content.

You retain all of your ownership rights in your content, but you are required to grant limited licence rights to the IB and other users of the OCC. These are described in section 2.1.3 of these terms and conditions.

You understand and agree that you are solely responsible for your own content and the consequences of posting or publishing it. The IB does not endorse any content or any opinion, recommendation, or advice expressed therein, and the IB expressly disclaims any and all liability in connection with content. The IB does not permit copyright infringing activities and infringement of intellectual property rights on OCC and the IB will remove all content if properly notified that such content infringes on another’s intellectual property rights. 

You represent and warrant that you have (and will continue to have during your use of OCC) all necessary licenses, rights, consents, releases and permissions which are required to enable the IB to use your content for the purposes of the provision of the service by OCC, and otherwise to use your content in the manner contemplated by the service and these terms and conditions.

You agree that content you submit to OCC will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant the IB the licence referred to in section 2.1.3 below.

On becoming aware of any potential violation of these terms and conditions, the IB reserves the right (but shall have no obligation) to decide whether content complies with the content requirements set out in these terms and conditions and may remove such content and/or terminate a user's access for uploading content which is in violation of these terms and conditions at any time, without prior notice and at its sole discretion.

You further understand and acknowledge that in using the service, you may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the IB with respect to any such content.

2.1.3. Rights you grant to the IB

When you upload or post content to OCC, you grant:

  • to the IB, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and/or perform that content in connection with the provision of the service and the IB's business, including, without limitation, for promoting and redistributing part or all of the service (and derivative works thereof) in any media formats and through any media channels for the content’s copyright term; and
  • to each user of the service, a worldwide, non-exclusive, royalty-free licence to access your content through the service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content in any activity authorized by the IB.

The above licenses granted by you in textual comments you submit as content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights, which are retained by you as set out in section 2.1.2 above.  

2.2 Additional terms and conditions for IBIS

Your use of 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 IBIS and its users

IBIS provides administrative functions and information related to the IB’s examination sessions and E-coursework services. Access to this site is strictly limited to authorized users who have been allocated login credentials by the IB 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 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
  • ensuring that your login credentials are not shared with anyone under any circumstances.

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 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 and conditions, the IB 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.

2.3 Additional terms and conditions for the universities and governments pages

Your use of the secure universities and governments information pages (the “universities pages”) 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

The universities pages, accessed under http://ibo.org/en/university-admission/recognition-of-the-ib-diploma-by-countries-and-universities/ and http://ibo.org/en/university-admission/recognition-of-the-ib-diploma-by-countries-and-universities/country-recognition-statements/ are offered as a service to educational institutions and government services duly authorized by the IB who have been issued an identification and password upon verification of their entitlement.

2.3.2 Copyright

Notwithstanding section 1.8.1 of these terms and conditions, as a duly authorized user of the universities pages, 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 shall be acknowledged as the original source. You may not sell or use these materials for any commercial purpose.

3. Additional terms and conditions for social media

3.1. Your rights

Any and all works posted by you to any blogs or social media services owned or officially endorsed by the IB are submitted under these terms and conditions for IB online content.

By posting your content, you are granting the IB a non-exclusive, royalty-free, perpetual, and worldwide license to use your content including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.

3.1.2 Attribution

When publicly displaying, reproducing or distributing copies of your content, the IB will make best efforts to credit your authorship. If provided, you grant the IB permission to use your name for such purposes. You agree to represent yourself, and your relationship with the IB accurately. You acknowledge that misrepresentation may lead us to cancel your use of the blog service and delete your submitted content.

3.2. Conduct

3.2.1. Posting

We reserve the right to remove content that you post. As a general matter, you may post content freely to your collaboration service and to those of others, so long as the content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

You may not use the IB name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as being endorsed by the IB or any of its schools or organizations is strictly prohibited.

By posting content to social media services, you warrant and represent that you either own, control, authorize or obtain permission from the intellectual property owner or otherwise control all of the rights to that content, including all the rights necessary for you to provide, post, upload, input or submit the content. You agree that you will not knowingly and with intent to defraud provide misleading information. You represent and warrant that the content you supply does not violate these terms and conditions, and that you will indemnify and hold the IB harmless for any and all claims resulting from content you provide.

You acknowledge that the IB does not pre-screen or regularly review posted content, but that it shall have the right to remove or amend any content that it considers to violate these terms and conditions.

3.2.2. Accessing

You understand that all content posted to social media services is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users are expressed strictly in their individual capacities, and not as representatives of the IB.

You agree that the IB will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted to blogs or social media. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

3.2.3. Children

No communication should be directed toward children without the express written permission of the Communications team.

3.3. Disclaimer

The IB social media services are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, the IB hereby disclaims all warranties, express or implied. The IB will not be liable for any damages arising from the use of blogs or social media. You agree to use the IB’s blogs and social media services solely at your own risk.

4. Additional terms and conditions for the IB Office of the Ombudsman

Your use of the IB Office of the Ombudsman (the “Office”) page at http://www.ibo.org/en/contact-the-ib/complaints-and-compliments/ib-office-of-the-ombudsman/ is subject to these terms and conditions. By using the Office’s page and/or submitting a form via the website for contacting the Office and requesting a meeting, you acknowledge and agree that all of these terms and conditions apply when seeking services from the Office. The Office will act as a free and voluntary resource.

4.1 Professional standards

The Office and the Ombudsman function according to the Code of Ethics and Standards of Practice, and strives to achieve best practices as provided by the International Ombudsman Association (which may be found and reviewed at www.ombudsassociation.org in addition to the Office’s web pages). As an informal, confidential and neutral resource, the Office and/or the Ombudsman will not be made to disclose or confirm privileged or confidential communications, act as an agent of notice to the IB, or to participate in formal and/or adversarial processes either internal or external to the IB, such as appearing a witness on behalf of any party, including the IB, to a dispute the Ombudsman may have been consulted on. The aforementioned professional standards and practices may not be waived, violated or abused by those consulting with the Office or the Ombudsman. The Office and the Ombudsman will uphold and defend the independent, impartial, confidential and informal nature of its function, services and practice according to aforementioned standards.

4.2 Structured mediation

The Ombudsman is authorized to serve as a mediator with the consent of the parties to facilitate an agreement if the parties are not actively engaged in a formal adversarial process. The Ombudsman, however, will not be a party to any agreement, sign any agreement reached by the parties, maintain copies of any agreement reached by the parties, or participate in its implementation or enforcement. Mediation is a confidential process protected from disclosure where parties in a conflict or dispute are facilitated by an impartial third party towards resolution. The mediator may make proposals for agreement, but the parties are empowered to reach final agreement.

4.3 Discretion in taking and withdrawing from case

The Ombudsman has full and independent discretion regarding how and whether to take a case, as well as how and whether to withdraw if s/he determines it appropriate at any stage of a matter.

4.4 Exclusion of liability

No members of the Office, such as the Ombudsman or other staff, are a necessary party in judicial proceedings relating to any issue or dispute they have assisted in as a neutral third party, and shall not be liable to any party for any error, act or omission in connection with any mediation or other informal dispute resolution efforts.

4.5 Dispute resolution

Consistent with the values of informal dispute resolution and fair process, any disputes, claims or disagreements related to the Office or the Ombudsman will be resolved through informal and confidential mechanisms only and at the earliest stage possible, such as negotiation, external ombudsman, facilitation and mediation. If guidance on mediation definitions and rules is needed, the parties should turn to the Swiss Rules of Commercial Mediation of the Swiss Chambers’ Arbitration Institution (“Swiss Chambers”). If appropriate and an option after the above processes have failed, disputes, claims or disagreements related to the Office or the Ombudsman shall be finally resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers (“Rules”) in force on the date when the notice of arbitration is submitted in accordance with such Rules. The number of arbitrators shall be one (1), the seat of the arbitration shall be Geneva and the arbitral proceedings shall be conducted in English.

 

April 2015