Terms of Use

The Global Fund to Fight AIDS, Tuberculosis and Malaria (the “Global Fund”) owns, operates and makes available sites within the domain name “theglobalfund.org” (henceforth referred to as the “Website”). The Website may contain features including RSS feeds, e-mail alert services, and other applications that may be available from time to time (collectively, the “Features”). Any person that accesses or uses the Website and Features (the “Visitor”) agrees to be bound by the terms and conditions of these Terms of Use (the “Terms of Use”), as they are amended from time to time, unless the Features are governed by their own separate terms of use, in which case those terms will apply. These Terms of Use contain conditions, disclaimers and other provisions, some of which limit the Global Fund’s liability. If you do not agree to these Terms of Use or cannot enter into a legally binding agreement, you may not access or use the Website and Features.

  • Supplemental terms of use

Appropriate uses

The Global Fund maintains and operates the Website as a service and resource for the benefit of the stakeholders in its activities. Any use of the Website by Visitors that would limit or constrict the availability or quality of these services and resources is prohibited and the Global Fund reserves the right to take any actions required to enforce this principle.

Visitors shall not use the Website to post, submit or otherwise distribute unlawful, defamatory, abusive, obscene or offensive materials. Furthermore, Visitors shall not use the Website in any way that may violate third-party rights including copyright, trademark or privacy. Visitors also shall not access or attempt to access the Website and Features using interfaces aside from the ones provided by the Website.

Assumption of risk/disclaimer of warranties

The Website and Features are provided “AS IS” and “WHEN AVAILABLE” and the content and functionality may be changed whenever and however the Global Fund determines. The Global Fund makes no representations or warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular use or non-infringement. Specifically, the Global Fund makes no representation or warranty that the Website will meet a Visitor’s individual needs, or that service will be timely, uninterrupted, secure, virus-free or error-free. The Visitor understands that any information or data accessed or downloaded through the Website is done at the Visitor’s sole risk, and that the Visitor will be responsible for any damage or loss that may occur due to use of the Website and Features. The Global Fund expressly disclaims all liability or responsibility to any person in respect to use of the Website and Features or anything done or omitted to be done wholly or partly in reliance upon the contents of the Website and Features. Global Fund employees, members of the Board or other individuals related to the Global Fund, may have contributed content to the Website in their personal name, notably through blog posts on the Website. Any content posted by such persons is not added in any official capacity, and the views expressed do not represent official positions of the Global Fund.

Website content

The Global Fund hereby reserves sole proprietary rights including copyright, trademark and other intellectual property rights over all content on the Website. This includes all text, graphics, photographs, logos and other items that appear on the Website and Features. The Global Fund also reserves proprietary rights over the Website’s template, including its layout and structure.

The Global Fund’s name and logo are registered trademarks of the Global Fund to Fight AIDS, Tuberculosis and Malaria. Visitors who would like to use the Global Fund logo for fundraising or other purposes should contact the Global Fund directly.

Visitors may make use of: (i) Global Fund governance, policy and guidelines documents, (ii) downloadable documents and forms related to the Country Coordinating Mechanism (CCM) and funding processes, (iii) texts, graphs, reports and information related to the grant portfolio or the operations of the Global Fund and (iv) blog, news and stories, made available and which bear “© The Global Fund to Fight AIDS, Tuberculosis and Malaria” (the “Licensed Website Works”) under the terms of a Creative Commons Attribution-Noncommercial 4.0 International License; provided, however, the Global Fund reserves the right to revoke the License at its sole discretion; please see the terms of the license at https://creativecommons.org/licenses/by-nc/4.0/. Under this License, the Visitor may copy, distribute and transmit the Licensed Website Works, in whole or in part, in its original form, or adapt such works. Under this License, the Global Fund shall be provided as Attribution Party, in addition to any third-party Original Author, if applicable. Whenever possible, a hyperlink to the Licensed Website Work is to be provided. Any dispute related to the use of the Licensed Website Works and the terms under which they can be copied, distributed, transmitted, adapted or otherwise used shall be settled as described in the section entitled Dispute settlement.

This License shall in particular not apply to: (i) Global Fund logos and marks, (ii) third-party logos, marks and materials, (iii) Website interface elements and related graphic files and source code, and (iv) videos and photographs. The Global Fund reserves all rights that have not been expressly granted.

Outside content

Links on the Website may connect Visitors to external or third-party websites that are not related to the Global Fund or under its control. The Global Fund is not responsible for the content of external or third-party websites that may be accessible or displayed through external links on the Website. The presence of these external links does not represent the Global Fund’s endorsement of the views or content of these third-party websites. Navigating to external websites through links on the Website is done at the sole risk of the Visitor, and the Global Fund expressly disclaims any liability for any content that appears on any external site.

Links to this website

Visitors may link to the Website provided they do so in a way that indicates that the link is to the theglobalfund.org website and is fair and not misleading. Visitors may not integrate or make use of all or part of the Website in ways that would confuse or mislead visitors as to the nature and origin of the Website content.

Reporting abuse

To report abuse of the Website, or violations of these Terms of Use, including defamatory, vulgar, threatening or misleading information, misappropriation of content, or any other inappropriate use, please Contact Us using this link, or the link at the bottom of this page and other pages throughout the Website.

Indemnification clause

The Visitor agrees to indemnify, defend and hold harmless the Global Fund, members of its Board, employees, agents, affiliates and partners from and against any and all losses, damages, liabilities and other costs in connection with any claims, damages or losses that are related to or arise in connection with: the Website content, Features, use of the Website, any alleged unauthorized use of the Website, or any alleged or actual breach of these Terms of Use by the Visitor.

Language

The official, legally enforceable language of this document shall be English. Any question of interpretation shall be resolved based on the English version of these Terms of Use and the Visitor agrees that these Terms of Use be provided exclusively in the English language.

Disclosure of information

The Global Fund reserves the right to disclose any Visitor information when required by law or when necessary to investigate potential illegal activities such as fraud, violations of the Terms of Use, or when otherwise necessary to protect the property, rights and safety of the Global Fund, Website Visitors or other third parties.

Dispute settlement

Any dispute, controversy or claim arising out of or related to these Terms of Use or the breach, termination or invalidity thereof or to any use of the Website by the Visitor or of the content available therein and the applicable licenses, shall be settled by arbitration in accordance with the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules in force at the time of the commencement of the arbitration. The Global Fund and the Visitor agree to be bound by the arbitration award rendered as a final adjudication. The appointment authority of such arbiter shall be the Secretary-General of the Permanent Court of Arbitration. The case shall be administered by the International Bureau of the Permanent Court of Arbitration. The number of arbitrators shall be one. The place of arbitration shall be Geneva, Switzerland. The language used in the arbitral proceedings shall be English.

Privileges and immunities

Nothing in or related to these Terms of Use may be construed as a waiver, express or implied, of the privileges and immunities accorded to the Global Fund under: (i) international law, including international customary law, any international conventions, treaties or agreements, (ii) any national laws including but not limited to the United States of America’s International Organizations Immunities Act (22 United States Code 288f-6), or (iii) under the Headquarters Agreement between the Global Fund and the Swiss Federal Council dated 13 December 2004.

Applicable law

These Terms of Use shall be governed by the International Institute for the Unification of Private Law (UNIDROIT) Principles of International Commercial Contracts (2016).

Amendments

The Global Fund may amend these Terms of Use at any time, and such amendments will be effective immediately upon notice being provided to the Visitor. Notice may be provided on the Website itself, and after posting of the notice, the Visitor’s continued use of the Website will be deemed as acceptance of the modified Terms of Use, so please check this page from time to time.

Contact

For questions regarding these Terms of Use, please contact the Global Fund.