Legal Notices
  1. General Terms and Conditions of Use
  2. Subscribers' Terms and Conditions of Use
  3. Privacy Policy

GENERAL TERMS & CONDITIONS OF USE

The Site, including all Content and Services, has been developed by TradeLawGuide Limited. ("TradeLawGuide") and/or its suppliers and/or affiliates, and is protected by copyright law, patent law, trade-mark law, and other intellectual property laws of Canada and other countries.

In consideration for Subscription Fee, the provision of a time-limited opportunity to have the content and services of the Site exposed and marketed to the Subscriber, as well as for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Subscriber agrees that BY VISITING AND USING THE SITE THE SUBSCRIBER ACKNOWLEDGES AND AGREES TO COMPLY WITH ALL APPLICABLE LAWS. ANY INFRINGEMENT OF TRADELAWGUIDE RIGHTS OR ANY APPLICABLE LAW WILL RESULT IN AN APPROPRIATE LEGAL ACTION. TRADELAWGUIDE DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONSEQUENCES WHICH MAY RESULT FROM THE UNAUTHORIZED USE OF THE SITE WHATSOEVER. 
 
By visiting and using the Site the Subscriber acknowledges and agrees that the Site, including its Content and Services, comprises a collective work and/or a compilation of individual original and derived works, pursuant to Canadian, U.S. and other countries' laws, international conventions and other copyright laws. The Subscriber acknowledges and agrees that the Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, make available, or in any way exploit any of the TradeLawGuide Content, software, materials or Services, in whole or in part. 
 
The Subscriber acknowledges and agrees that the Site and its Content and Services comprise subject matter that is described in and protected by patents and/or patent applications in accordance with international law and the laws of Canada and other countries, including provisionals, divisionals, continuations, continuations-in-part, renewals, re-issues, substitute applications, and designs. The Subscriber acknowledges and agrees that the Subscriber may not make, construct, sell, license, or use or cause to be used in any way, any TradeLawGuide Content or Service without the explicit written consent of TradeLawGuide. 
 
The Subscriber acknowledges and agrees that the name TradeLawGuide and all names, logos and slogans used on the Site are trade-names, trade-marks or registered trade-marks of their respective owners and may not be used without the prior written consent of the TradeLawGuide. 
 
The Subscriber may include a link on its website to the Site provided that the Subscriber does not link to the Site any third-party website that contains content which is illegal, obscene, infringing or negatively impacts on TradeLawGuide’s reputation, or is otherwise inappropriate. TradeLawGuide reserves the right to refuse, or to demand that the Subscriber immediately remove from its website, any link that TradeLawGuide in its sole discretion considers objectionable.

SUBSCRIBERS' TERMS & CONDITIONS OF USE

By using and/or visiting the TradeLawGuide website: www.tradelawguide.com you signify your agreement to these Terms and Conditions, which constitutes an agreement between you and TradeLawGuide. If you do not agree, do not use the Site and Services. These Terms and Conditions apply to all Subscribers and other persons visiting Subscriber-only Areas of the Site including persons with free trial access. TradeLawGuide reserves the right to change these Terms and Conditions at any time and will notify Subscribers of any substantial change to the Terms and Conditions. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT LEGAL TERMS AND SHOULD BE READ CAREFULLY BEFORE YOU USE THE SITE AND SERVICES.

By using and/or visiting the Site, the Subscriber signifies its agreement to these Terms and Conditions, which constitutes an agreement between the Subscriber and TradeLawGuide. If the Subscriber does not agree, then it shall not use the Site and Services. These Terms and Conditions apply to all Subscribers and other persons visiting Subscriber-only Areas of the Site including persons with free trial access. TradeLawGuide reserves the right to change these Terms and Conditions at any time without advance notice. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT LEGAL TERMS AND SHOULD BE READ CAREFULLY BEFORE THE SUBSCRIBER USES THE SITE AND SERVICES. 
  
1. Definitions  
  
“Content” means: all documents, including support documentation; software code, including static, dynamic, source code and/or object code; information; data; text; content; photographs; graphics; interfaces; algorithms, codes or other functional material or indicia relating to the functioning of the Site and its Services, or any portion thereof; derived works, including any Content modified by TradeLawGuide, including but not limited to modified text or documents, modified layout of text or documents (including changes to “look and feel”, cropping, addition of enumeration/indication of paragraph, line, page, footnote and/or any other documentary delineation), inclusion of additional commentary or redaction, corrections, modifications to format, addition of visible, non-visible, embedded, functional or other indications and/or codes to facilitate readability or services, or otherwise any Content having a TradeLawGuide indication. 
 
“TradeLawGuide” means TradeLawGuide Limited.
 
“Non-functional Content” refers to Content that includes documents or other texts relating solely to legal information, commentary, references, caselaw, treaties, decisions, artistic works, literary works, and compilation works, and in no way comprising any Content relating to any Service or function of the Site. 
 
“Site” means the TradeLawGuide website: https://www.tradelawguide.com, mirror sites, and related websites. 
 
“Services” refers to any functional aspect of the Site, including, but not limited to: the Site and the Site functions and software and software functions, including but not limited to displaying of Content, searching of Content, downloading/uploading of Content, printing of Content, locating subject matter within Content, associating two or more items of Content or locations therein, publishing Content and/or making Content available. 
 
“Subscriber” means: 
 
a) in the case of an organization subscribing to the Services, including access to the Subscriber-only Areas of the Site, in accordance with TradeLawGuide’s subscription requirements, such organization, as well as each individual belonging to that organization who has access to the Services and the Subscriber-only Areas; 
 
b) an individual subscribing to the Services, including access to the Subscriber-only Areas of the Site, in accordance with TradeLawGuide’s subscription requirements; and 
 
c) an organization, individual belonging to an organization or an individual visiting the Subscriber-only Areas of the Site including persons with free trial access. 
 
“Subscription Fee” means the fee paid by the Subscriber in consideration for use of the Site and Services.
 
“Terms and Conditions” means this document in its entirety. 
 
“Third Party Materials” has the meaning set out in Article 3. 
 
“User Account” refers to the account assigned by a Subscriber to an individual as part of TradeLawGuide’s subscription requirements. 
 
2. Description of the Services 
 
The Subscriber acknowledges and agrees that the purpose of the Site is:  

a) to provide information on international trade law as encompassed by the WTO Agreements and related instruments and other agreements and documents and dispute settlement thereunder; and
 
b) to facilitate legal research. 

The Services on or provided by the Site consist of:  

c) information and resources on international trade law as encompassed by the WTO Agreements and related instruments and other agreements and documents and dispute settlement thereunder; 
 
d) research tools, document download facilities and browsing tools for Subscribers, including the Subject Navigator, Agreements, Annotations & Citations, Jurisprudence Citators, Interpretation, Terms & Phrases, DSB Minutes, Jurisprudence Pending, Full Text Search tools and any other tools as may be added.

3. Links to Third Party Websites  
  
The Site may provide links or references to other Internet sites maintained by third parties over which TradeLawGuide has no control. Such links are provided merely as a convenience to users of the Site. TradeLawGuide takes no responsibility for the content of such sites and makes no representations to the accuracy or completeness of any information contained on such sites and shall have no liability for any damages or injuries of any kind arising from such content or information. The TradeLawGuide has no responsibility for the collection, use and disclosure of personal information by other websites.
 
Consequently, it is up to the Subscriber to exercise discretion in its use of such content. Likewise, the Subscriber is responsible for assuming all inherent risks, particularly when the Subscriber relies on the timeliness, usefulness or completeness of the content made available on or through the sites or sources referred to by the Site.  
 
Links leading to software download sites are provided for the Subscriber’s convenience; the TradeLawGuide is not liable for any difficulty arising from the download or any other aspect of any such software applications.  
 
The Subscriber may include a link on its website to the Site provided that the Subscriber does not link to the Site any site that contains content which is illegal, obscene, infringing or negatively impacts on TradeLawGuide’s reputation, or is otherwise inappropriate. TradeLawGuide reserves the right to refuse, or to demand that the Subscriber immediately remove from its website, any link that TradeLawGuide in its sole discretion considers objectionable. 
 
4. Privacy Policy
 
Protecting the privacy of personal information is important to TradeLawGuide. TradeLawGuide will collect, use and disclose personal information only as provided for in the Privacy Policy.

5. Intellectual Property Rights  
 
The Site, including all the Content and Services, has been developed by TradeLawGuide and/or its suppliers and/or affiliates, and is protected by copyright law, patent law, trade secret law, trade-mark law, and other intellectual property laws of Canada and other countries, in addition to the covenants and obligations as set forth by these Terms and Conditions.  
 
THE SUBSCRIBER ACKNOWLEDGES AND AGREES TO COMPLY WITH ALL APPLICABLE LAWS. ANY INFRINGEMENT OF TRADELAWGUIDE RIGHTS, ANY UNAUTHORIZED USE OF THE SITE OR ANY BREACH OF THE TERMS AND CONDITIONS HEREIN WILL RESULT IN AN APPROPRIATE LEGAL ACTION. THE TRADELAWGUIDE DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONSEQUENCES WHICH MAY RESULT FROM THE UNAUTHORIZED USE OF CONTENT WHATSOEVER.  
 
The Subscriber acknowledges and agrees that the Site, including the Content and Services, comprises a collective work and/or a compilation of individual original and derived works, pursuant to Canadian and United States copyright laws, international conventions and other copyright laws. The Subscriber acknowledges and agrees that the Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, make available, or in any way exploit any of the TradeLawGuide Content, software, materials or Services, in whole or in part, except as explicitly provided for herein.  
 
The Subscriber acknowledges and agrees that the Site and its Content and Services comprise subject matter that are described in and protected by patents and/or patent applications in accordance with international law and the laws of Canada and other countries, including provisionals, divisionals, continuations, continuations-in-part, renewals, re-issues, substitute applications, and designs. The Subscriber acknowledges and agrees that the Subscriber may not make, construct, sell, license, or use or cause to be used in any way, any TradeLawGuide Content or Service without explicit consent of TradeLawGuide. The Subscriber further acknowledges and agrees that, to the extent that any Content or Service is not described in any patent or patent application, and is not publicly available, no such Content or Service will be disclosed to any third party.  
 
The Subscriber acknowledges and agrees that the name TradeLawGuide and all names, logos and slogans used on the Site are the trade-names, trade-marks or registered trade-marks of their respective owners, are used on the Site with the permission of their respective owners and may not be used without the prior written consent of the owner. TradeLawGuide is a trademark owned by TradeLawGuide Limited.  
 
The Subscriber is authorized to copy Non-Functional Content published on the Site for Subscriber use only, provided that any such copy shall retain all TradeLawGuide copyright, watermark and/or any other proprietary notices, as well as any disclaimer contained therewith.  
 
Subject to any other Terms or Conditions herein, the Subscriber is authorized to:  

a) use the Services and browse and search the Content;  

b) download and store insubstantial portions of Content to a storage device within the individual Subscriber’s exclusive control, solely:   
i) to display internally the Non-Functional Content;
 
ii) to quote and excerpt from Non-Functional Content by electronic cutting and pasting or other means in work product created by the Subscriber in the regular course of its research and work;
  
iii) to print and make photocopies and electronic copies of Non-Functional Content which result from browsing or searching for Subscriber’s own use and to quote and excerpt from such Non-Functional Content in work product created by the Subscriber in the regular course of its research and work; and
 
iv) for as long as is reasonably required for the authorized use of such insubstantial portions of Content.
 
The Subscriber shall not, without the written permission of TradeLawGuide:  
 
c) copy all or part of the Content or Services, save and excerpt insubstantial portions as limited above, onto a memory storage facility of any computer, and keep on such storage facility;  
 
d) publish, sell, lease, rent, license, sub-license, transfer, market, distribute, redistribute, make available (including by coding, framing, linking or other means) or otherwise part with all or part of the Content in any manner or in any form;  
 
e) copy, modify, alter, disassemble, de-compile, translate or convert into human readable form, or reverse engineer, all or any part of the Services or Content;  
 
f) use all or part of the Services or Content to develop any derivative works;  
 
g) remove, obscure, or alter TradeLawGuide’s or any third party’s copyright notice, watermark, trade marks, or other legal or proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site; or  
 
h) access, facilitate access to, alter, or remove object or source code of the Site or its Services, including by way of bots, malware, spyware, virus, or any unauthorized computing product or software.  
 
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trade-name or trade-mark of TradeLawGuide or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright, or any other legal or proprietary right, of TradeLawGuide or its licensors.  
 
6. Not Legal Advice   
 
TRADELAWGUIDE AND THE SITE DO NOT PROVIDE LEGAL ADVICE OF ANY NATURE. IN NO EVENT WILL THE TRADELAWGUIDE BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE SUBSCRIBER OR ANYONE ELSE IN RELIANCE UPON THE TRADELAWGUIDE CONTENT OR ANY OTHER INFORMATION CONTAINED IN OR PROVIDED THROUGH THE SITE. Nothing contained in, nor transmission and/or receipt of any information contained on the Site will constitute an attorney-client relationship. The Subscriber should always seek the advice of legal professionals before acting on information from the Site.  
  
7. Disclaimers   
 
TradeLawGuide strives to protect the security and integrity of user data and warrants that the Site and Services will be of reasonable quality. However, the TradeLawGuide cannot offer the Subscriber any warranty or guarantee related to the Site or Services and the Subscriber agrees that its use of the Site and Services shall be at its sole risk. THE TRADELAWGUIDE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES THAT THE SITE OR THE SERVICE WILL OPERATE ERROR FREE AND WITHOUT INTERRUPTION AT ALL TIMES AND, ACCORDINGLY, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE TRADELAWGUIDE HEREBY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR THAT THE SITE WILL BE COMPLETELY FREE OF ERRORS, VIRUSES OR OTHER HARMFUL OR INVASIVE FILES. THE TRADELAWGUIDE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS OR USEFULNESS OF THE SERVICES, THE TRADELAWGUIDE CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE SITE.  
 
The Subscriber alone will be responsible for any damage sustained by its computers or any loss of data that may result when downloading material from the Site. 
  
No advice or information, whether oral or written, obtained by the Subscriber from any member of the TradeLawGuide or in the course of using the Site or the Services may be construed as creating any warranty not expressly stipulated in these Terms and Conditions.  
 
8. Limitation of Liability  
  
ALL INFORMATION PROVIDED ON THE SITE IS FOR INFORMATION PURPOSES ONLY. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE TRADELAWGUIDE AND THEIR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (WHETHER OR NOT A MEMBER OF THE TRADELAWGUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT ARISING IN TORT, INCLUDING NEGLIGENCE, CONTRACT OR OTHERWISE) ARISING FROM:  
 
- THE SUBSCRIBER’S USE OF THE TRADELAWGUIDE CONTENT OR OTHER INFORMATION; 
  
- THE SUBSCRIBER’S USE OF OR INABILITY TO USE THE SITE OR SERVICES;
 
- FOLLOWING UNAUTHORIZED ACCESS TO THE SERVICE BY A USER OR FOLLOWING A CHANGE IN THE SUBSCRIBER’S TRANSMISSIONS;  
 
- FROM THE ACTIONS OR CONDUCT OF A THIRD PARTY IN THE COURSE OF USING THE SITE OR SERVICES;  
 
- PERSONAL INJURY OF ANY NATURE WHATSOEVER RELATING TO THE SUBSCRIBER’S USE OF THE SITE, SERVICES, TRADELAWGUIDE CONTENT OR OTHER INFORMATION; OR  
 
- FROM ANY ERROR, DELAY, INTERRUPTION, OR OMISSION IN INFORMATION ON THE SITE INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR BUSINESS, LOSS CUSTOMERS AND DATA OR OTHER LOSS OF INTANGIBLE ASSETS  
 
IN NO EVENT SHALL THE TRADELAWGUIDE’S AGGREGATE LIABILITY TO THE SUBSCRIBER, HOWSOEVER ARISING, EXCEED THE TOTAL AMOUNT PAID BY THE SUBSCRIBER FOR ACCESSING THE SITE.  
 
9. Registration, Accounts, Passwords and IP Address Access  
 
The Services available in the Subscriber-only Areas of the Site require the Subscriber to subscribe or to be granted free trial access to the Site. If the Subscriber chooses to subscribe or undertake a free trial, the Subscriber agrees to provide accurate and current contact information about itself or its organization as required by the subscription and registration process and to update such information promptly as necessary to ensure that it is kept accurate and complete. If TradeLawGuide needs to contact the Subscriber at any time, it will do so using the latest email address the Subscriber has supplied. The Subscriber is responsible for protecting the confidentiality of user IDs, passwords and IP addresses for which access is granted as well as the confidentiality of any actions undertaken in regard to the identification, password or IP address authentication process.  
 
Where access is provided through auto IP access accounts, TradeLawGuide permits remote access through secure virtual private networks (VPN); however, individual Subscribers accessing in this manner must be authorized. For clarity, subscriptions to academic institutions are limited to enrolled students and active professors, teachers and other instructors but exclude alumni and others.

The Subscriber agreesand individual Subscribers, as the case may be, agree to be responsible for passwords and IP addresses assigned to them:
 
a. by maintaining the confidentiality of any passwords, IP address for which access has been granted to a User Account or User Accounts or other account identifiers which the Subscriber and individual user chooses or are assigned as a result of any registration or subscription on the Site; and 

b. all activities that occur under the Subscriber’s Subscriber’s and individual Subscriber’s password, IP address for which access has been granted or the Subscriber’s and individual Subscriber’s User Account.  

Moreover, the Subscriber isand individual Subscriber are responsible for immediately notifying TradeLawGuide about if they become aware of any unauthorized use of the Subscriber’s and individual Subscriber’s user ID, passwords, IP address access and any other security breach, as well as for taking every possible precautionreasonable precautions to ensure that the Subscriber and individual Subscriber uses the Services under optimal security conditions. If the Subscriber or individual Subscriber suspects that an unauthorized person knows the Subscriber’s or individual Subscriber’s password the Subscriber or individual Subscriber must change it immediately and advise TradeLawGuide to the suspected unauthorized use.   
 
The TradeLawGuide will not be responsible or liable for any loss or damage of any kind incurred as a result of the Subscriber’s and individual Subscriber’s failure to comply with these requirements concerning registration, accounts, passwords and IP address access. 
 
10. Subscription Agreement  
  
The Subscriber will be invoiced for the initial Subscription Fee as soon as the Subscriber returns an executed copy of Subscription Agreement. The Subscriber will receive a message confirming the start of its one-year paid subscription and the Subscriber will have use of the Site and Services in accordance with its terms.   

Renewal of Subscription   

You will receive notification regarding the time left in your one-year subscription prior to its end. If you choose to renew you will not be required to sign a new subscription agreement. The same terms in this Appendix will apply for subsequent subscription periods. Your renewed subscription will begin on the date your previous subscription ended.

Special Offers   

TradeLawGuide may, from time to time, at its sole discretion, grant special offers including but not limited to reducing the Subscription Fee or providing a free trial period, These special offers supersede the subscription terms for the duration of the offer, are offered on an ‘as is’ basis, and are subject to change without warning. 

Subscription Fee Changes  

TradeLawGuide reserves the right to change the Subscription Fee for use of the Site and Services at any time. If the Subscriber is a current user, the Subscriber will only be affected by the Subscription Fee change when renewing its subscription, at which time the then-current Subscription Fee will apply.  

Failure to Renew  

If the Subscriber fails to pay the required Subscription Fee by the date its subscription expires, the Subscriber’s access to the Services will be revoked and its account will be restricted. Restricted accounts will be prevented from viewing or altering any data in their account. TradeLawGuide will have no further obligation to grant further access to the Services or to provide the Subscriber with additional information unless and until the subscription is renewed.  
 
The information in the Subscriber’s account will stay on file with TradeLawGuide for a period of no longer than one year in the event that the Subscriber decides not to renew its subscription. After this additional year, the Subscriber’s account will be subject to deletion as per the policy outlined in Retention of Data, below.  

Payment Policy  

TradeLawGuide will accept payment in the form of cheque, money order and wire transfer.  

Refund Policy

TradeLawGuide will provide a full refund should the Subscriber cancel its subscription within 30 days from the date of purchasing such subscription. No refunds are available after 30 days for any reason.
 
11. Use and Monitoring of the Site  
 
The Subscriber agrees to comply with these Terms and Conditions and all applicable laws and regulations when using the Site. The Subscriber is prohibited from attempting at any time to violate the security of the Site. TradeLawGuide reserves the right, but is not required, to monitor all use of the Site in accordance with the Privacy Policy. TradeLawGuide reserves the right in its discretion to block access to the Site by any user including as a result of the Subscriber’s breach of these Terms and Conditions or for non-payment of the Subscription Fee.  In such a case, TradeLawGuide will notify the subscriber and offer 30 days to cure breach.
 
12. Announcements  
  
TradeLawGuide reserves the right to distribute information to the Subscriber that is pertinent to the quality or operation of the Services. These announcements will be predominantly informative in nature and may include notices describing changes or upgrades to the Site or Services as well as reminders related to the status of the Subscriber’s account.  
 
13. Termination  
  
In the event the Subscriber uses the Services in such a way that violates applicable laws or regulations, or for any purpose other than it was intended, or otherwise breaches these Terms and Conditions, TradeLawGuide reserves the right to terminate access privileges in whole or in part relating to the Subscriber’s user ID and passwords, regardless of the time remaining in its subscription.  In such a case, TradeLawGuide will notify the subscriber and offer 30 days to cure breach.
 
14. Retention of Data  
  
All data submitted to TradeLawGuide will be stored on its secure servers as noted in Article 3 of the Privacy Policy.
 
15. Force Majeure  
 
TradeLawGuide and the Subscriber acknowledgesacknowledge and agreesagree that the TradeLawGuide they shall not be responsible for any failures or delays in performing itstheir obligations herein or providing the Site or the Services arising from any cause beyond its reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, power failure, typhoons and floods.  
 
16. Governing Law and Compliance with Laws  
  
These Terms and Conditions shall be construed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. Any dispute related to the Site, the Services or these Terms and Conditions shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario and resolved in the courts of the Province of Ontario. If the Subscriber is not resident in the Province of Ontario, Canada, the Subscriber’s use of the Site and the Services is at its own risk and the Subscriber is responsible for complying with any other laws applicable to the Subscriber and its use of the Site and the Services.  
 
17. Miscellaneous  
 
The Terms and Conditions represent the entire agreement between TradeLawGuide and the Subscriber with regard to use of the Services and they supersede any prior agreement between the Subscriber and TradeLawGuide concerning use of the Services. The Subscriber may also be subject to additional Terms and Conditions specific to certain services, third party content and third-party software that will be disclosed to the Subscriber once the Subscriber accesses such services, content or software. The failure by TradeLawGuide to exercise any rights conferred upon it by virtue of the Terms and Conditions in no way constitutes a waiver of such rights. Should any provision of these Terms and Conditions be judged to be invalid by the decision of a court, all other provisions will remain in effect and continue to apply. The section titles in the Terms and Conditions are provided for information purposes only and have no legal effect. The use of some of the Services may require compliance with additional or specific rules, conditions, provisions or guidelines that will be set forth in a separate agreement. Such rules and guidelines will be considered an integral part of these Terms and Conditions. In the event of any disagreement or confusion between the Terms and Conditions and the separate agreement, the latter will prevail.  
 
18. Changes  
 
In order to accommodate changes in the law, technology or TradeLawGuide’s business, these Terms and Conditions may be modified at any time by TradeLawGuide. Notice of the change will be posted on the Site and the change will become effective on the date stated in the notice. THE SUBSCRIBER’S CONTINUED USE OF THE SITE OR THE SERVICES AFTER CHANGES HAVE BEEN POSTED WILL SIGNIFY ITS ACCEPTANCE OF THE NEW TERMS AND CONDITIONS, AS MODIFIED. IF THE SUBSCRIBER DOES NOT ACCEPT THE CHANGES, THEN IT SHALL STOP USING THE SITE AND SERVICES.  
 
19. Language   
 
The Subscriber and TradeLawGuide agree that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. 

PRIVACY POLICY


1.  Introduction
 
TradeLawGuide Limited (doing business as “TradeLawGuide” or “we” or “us”) takes privacy issues very seriously. 
 
This Privacy Policy (“policy”) together with our General Terms & Conditions of Use explains how TradeLawGuide collects, uses and discloses the personal information of users of our Site and Services (“you” or “your”).  This policy applies to all users of the Site, which includes subscribers to our Services, individuals that sign up for a trial use of the Services, and/or users that visit our website but do not sign up for a trial or subscribe to our Services.
 
The “Site” means the TradeLawGuide website: https://www.tradelawguide.com, mirror sites, and related websites.  
 
The “Services” refers to any functional aspect of the Site and is described in more detail in the General Terms & Conditions of Use, but generally refers to the portion of our Site that requires a user login and provides information on international investment protection treaties and dispute settlements thereunder and facilitates legal research.
 
In this Privacy Policy where we use the words “personal information” we use these words to describe information that is about you and which identifies you.
 
2.  Who is Responsible for the Personal Information We Collect?
 
We are the data controller for the purpose of data protection law, in respect of your personal information collected and used through your use of the Site and the Services.  This is because we dictate the purpose for which your personal information is used and how we use your personal information.
 
If you are providing personal information to us relating to a third party, you confirm that you have the consent of the third party to share such personal information with us and that you have made the information in this policy available to the third party.
 
3.  What Personal Information Do We Collect and How Do We Collect Personal Information?
 
On the Site, information may be collected in three ways: (1) non-personal information that is automatically collected in the course of using the Site; and (2) personal information a Subscriber voluntarily provides. Personal information is generally any information that can be used to distinguish, identify or contact an individual, but does not include business contact information or publicly available information.

(a) Non-Personal Information that is automatically collected in the course of using the Site   

TradeLawGuide collects statistical information on load factors on the Site generally and its components. Information is tracked in aggregate and not by specific user. This information is analyzed to help us further develop features and functionally that better responds to the interests of our Site’s Users. We also note the type and version of browsers that are used and related technical information, to ensure that our Site is technically accessible and to monitor and maintain the security of the Site.
 
(b) Personal and subscription information you voluntarily provide to us  
 
You provide information on a voluntary basis when subscribing to the Site, signing up for a trial or using the Services, such information includes: 
  • Full name
  • Contact information, such as email address, physical address and phone number(s)
  • Organization type, company name, title
  • Billing information
  • Consents to receive commentaries 
This information may be provided: 
  • In the course of communications between you and us (including by phone, email or otherwise)
  • When you register to use the Services
  • When you report a problem with our Site or Services 

4. How Do We Use the Personal Information?
 
TradeLawGuide uses your personal information in connection with the provision of the Site and the Services to you.In particular, it is used for logging onto the Site, transmitting commentaries and transmitting notifications, invoices and other information related to the operation of the Site. For each of these purposes, we have set out the legal basis on which we use your personal information.
 

Purpose Legal Basis
  • To communicate with you and other individuals
  • For our legitimate business purposes (i.e., the provision and support of the Site and the Services)
  • To provide the Site and the Services, including to verify your identity and allow you to access appropriate/authorized areas and communicate with you about the Site and the Services
  • For our legitimate business purposes (i.e., the provision and support of the Site and the Services) and, depending on the circumstances, to perform a contract between you and us
  • To administer the Site and the Services and related operations 
  • For our legitimate business purposes (i.e., the provision and support of the Site and the Services)
  • For automatic system operation like email notification and commentaries
  • For our legitimate business purposes (i.e., the provision and support of the Site and the Services)
  • We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law
  • To contact you regarding subscription services and trial use
  • For our legitimate business purposes (i.e., the promotion, provision and support of the Site and the Services)
  • To notify you about changes to the Site or the Services
  • For our legitimate business purposes (i.e., the provision and support of the Site and the Services)
  • To improve the quality of the  Site and the Services
  • For our legitimate business purposes (i.e., the provision and improvement of the Site and the Services)
  • To manage complaints, feedback and queries
  • For our legitimate business purposes (i.e., the provision and improvement of the Site and the Services)
  • To provide you with information about the services we offer (including details of any newsletters which we believe may be of interest to you) in accordance with your preferences as indicated when you entered into any agreement with us, including any marketing consent preferences
  • For our legitimate business purposes (i.e., the promotion and improvement of the Site and the Services)
  • We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law
  • To comply with any legal or regulatory obligations (including in connection with a court order)
  • For our legitimate business purposes and for compliance with legal obligations to which we are subject
  • To enforce or apply the agreements concerning you (including agreements between you and us)
  • For our legitimate business purposes and for compliance with legal obligations to which we are subject


We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfil the terms of our contract with you if you are a subscriber or in preparation of us entering into a contract with you.  If you do not provide the relevant personal information to us, we may not be able to provide the Site and the Services to you. 
 
5.  Who Do We Share Personal Information?
 
Every subscriber logging in to the subscriber-only areas will do so under their assigned user account or through authorized IP address access.  
 
TradeLawGuide may disclose your information to its personnel, including our third-party contractors, as necessary for the purposes described in this Privacy Policy. For example, TradeLawGuide may need to access your information in order to create passwords for subscriber accounts.  TradeLawGuide also engages third party contractors, such as developers, project managers and designers to assist with the operation of the Site and the Services, and such contractors may have access to your personal information.
 
TradeLawGuide may provide your information to third party service providers who provide services to TradeLawGuide for the Site (such as data storage, hosting services and email services), as necessary for the purposes described in this Privacy Policy and will require such third parties to maintain adequate security measures to protect your information. Your payment information will be disclosed as required to process its payment and as otherwise permitted or required by law.
 
TradeLawGuide may also disclose your personal information to other third parties, for example:

  • in the event that we sell or buy any business or assets we will disclose your personal information to the prospective seller or buyer of such business or assets;
  • if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets; and
  • if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our General Terms & Conditions of Use.
 
We may also disclose information to our professional advisers, such as accountants, lawyers and other advisers that assist us in carrying out our business activities.
 
TradeLawGuide does not otherwise disclose, give or sell to any other person any personal information about our users, except for other purposes TradeLawGuide identifies to you, or as required by law.
 
6. How Long Do We Retain Personal Information?
 
TradeLawGuide will keep the information stored in a subscriber’s account on its servers as long as its account is maintained in good standing and, in the event of non-renewal or termination of its subscription, for the time period applicable in the circumstances. All data submitted to TradeLawGuide will also be copied periodically to secure back-ups in order to safeguard against loss due to failure of TradeLawGuide’s active servers and backed-up media will only be used in the event of such a failure.
 
7. What Security Measures Do We Have in Place?  
 
TradeLawGuide employs reasonable and appropriate safeguards to protect the security of your personal information. TradeLawGuide’s security practices are reviewed on a regular basis and TradeLawGuide employs current technology to ensure that the confidentiality and privacy of personal information is not compromised. You can and should also take steps to protect the security of your personal information such as maintaining the confidentiality of your passwords.  
 
TradeLawGuide takes reasonable precautions to ensure that information transmitted when you use the online transactional services of the Site is protected against error, loss or unauthorized access. Despite these precautions, you must implement the personal security measures recommended on the Site in order to maintain optimal protection when you surf the Site or any other Internet site.
 
8.  Cookies   
 
TradeLawGuide uses cookies to help manage your Web session and improve the user experience. Cookies are pieces of information stored directly on the device you are using. In some cases, information may be used to help facilitate your levels of access to the Site and your ability to navigate within the Site.
 
When Cookies are used, they are temporary by nature, creating a file on your computer that is then read
by the Site module that sends them, aiding the application and/or browsing experience.
 
If the preference for enabling cookies in your Browser is deactivated, the use of certain applications is no
longer possible. Alternatively, you can set your browser to warn before accepting cookies, but if you do
not accept, the Services may not work properly.
 
9.  Where Will We Transfer Personal Information?
 
We will process your personal information in Canada. For further information as to the safeguards we implement please contact info@tradelawguide.com.
 
10.  Links to Third Party Websites   
 
The Site may contain links to the websites of third parties or parts of their websites. However, TradeLawGuide has no control over the content or operation of these websites, nor does it control the confidentiality or privacy practices of the website operators. Consequently, any personal information you submit through such websites is governed by the privacy policies of the websites in question. It is therefore your responsibility to find out about their policies in order to protect information that concerns you.
 
11.  Data Subject Rights
 
You have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise those rights by emailing us at info@tradelawguide.com. 
 
  Summary of your rights
Right of access to your personal information You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions. 
Right to rectify your personal information You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
Right to erasure of your personal information: You have the right to ask that your personal information be deleted in certain circumstances.  For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal information You have the right to suspend our use of your personal information in certain circumstances.  For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
Right to object to the use of your personal information You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes.
Right to data portability You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.
Right to withdraw consent You have the right to withdraw your consent at any time where we rely on consent to use your personal information.
Right to complain to the relevant data protection authority You have the right to complain to the relevant data protection authority where you think we have not used your personal information in accordance with data protection law.  You may lodge a complaint with the authority in the Member State of your habitual residence or of an alleged infringement of data protection law.
 
12.  Accountability and Further Information    

If you would like further information about TradeLawGuide’s information handling practices, or would like to make a comment or complaint, or would like to correct or update your information, please contact us at info@tradelawguide.com.
 
If your request requires that TradeLawGuide delete your subscription information, TradeLawGuide will no longer be able to provide you with the Services. Cancellation will be subject to the termination sections of the General Terms & Conditions of Use.
 
13.  Changes to our Privacy Policy

In order to accommodate changes in the law, technology or TradeLawGuide’s business, this Privacy Policy may be modified at any time by TradeLawGuide. Notice of the change will be posted on the Site and the change will become effective on the date stated in the notice. YOUR CONTINUED USE OF THE SITE OR THE SERVICES AFTER CHANGES HAVE BEEN POSTED WILL SIGNIFY YOUR ACCEPTANCE OF THE PRIVACY POLICY, AS MODIFIED. IF YOU DO NOT ACCEPT THE CHANGES, THEN YOU SHALL STOP USING THE SITE AND SERVICES.
 
Legal Notices last updated on 24 January 2019 (rev 1.1)
 

 

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