ICC Academy Private Limited (the “Seller”), a Singapore based subsidiary of the International Chamber of Commerce, a French not-for-profit association (“ICC”), provides to the public the present Internet site intended for the sale of goods and provision of services, such as online trainings and publications.
The relationship between the Seller and a person placing an order on the Site (hereinafter the “Customer”) will be governed by the present general terms and conditions of sale and service provision, and the supplementary general terms and conditions of the subsidiaries and partners, over which the present general terms and conditions will prevail.
The Seller reserves the right to amend the present general terms and conditions at any time by publishing a new version on the Site. The general terms and conditions applicable to a sale or provision of services are those in force at the date on which the order is validated.
Article 1 – Definitions
The use of a capital letter indicates that the following terms and expressions are defined terms and expressions with the following meaning:
“Article”: one or more Goods forming the subject matter of an Order;
“Goods”: any product proposed for sale on the Site;
“Order”: request for Goods or Services made by the Customer to the Seller;
“General Terms and Conditions of Sale”: the general terms and conditions and its annexure forming the subject hereof;
“Price”: the unit price of any Goods or Service; this value includes all taxes payable in Singapore
“Total Price”: the total amount of accumulated Prices for Goods and Services forming the subject matter of an Order; this amount is inclusive of all taxes payable in Singapore;
“All-Inclusive Price”: the Total Price; this amount includes all taxes payable in Singapore;
“Service”: any service forming the subject matter of an offer on the Site;
“Site”: the site “https://learning.icc.academy/totara/catalog/” used by the Seller for marketing the Goods and Services;
“Validation of the Order”: has the meaning given to it in Article 4;
“Online Sales”: marketing of the Goods and Services of the Seller through the Site;
References to articles are references to articles of the General Terms and Conditions of Sale, unless otherwise provided.
Any reference to the singular will include the plural and vice versa, as applicable.
Any reference to a gender will include the other gender, as applicable.
Article 2
Object
The object of the General Terms and Conditions of Sale is to define the rights and obligations of the parties in connection with the Online Sale of the Goods and Services offered by the Seller to the Customer.
The essential features and prices for the Goods and Services sold electronically are available on the Site.
The Customer declares that it has taken note of the General Terms and Conditions of Sale prior to Validation of the Order within the meaning of Article 4. Validation of the Order is therefore deemed to constitute unqualified and unreserved acceptance of the General Terms and Conditions of Sale.
Article 3
Entry into Force and Term
The General Terms and Conditions of Sale enter into force on the Validation date of the Order as defined in Article 4.
The General Terms and Conditions of Sale are entered into for the time required for supply of the Goods and Services, until the warranties and obligations owed by the Seller have been discharged.
Article 4
Ordering the Goods and Services and Steps for Completion of an Online Sale
In order to place an order, the Customer must follow the mandatory steps set out below:
- Go to the site at the address “https://learning.icc.academy/totara/catalog/”;
- Follow the instructions on the Site, and in particular the instructions required for opening a customer account;
- The Customer receives an electronic confirmation of the creation of its account;
- Fill in the order form. In cases of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Customer before this inactivity may no longer be guaranteed. The Customer is then invited to recommence their selection of Goods and Services from the beginning;
- Check the details of the Order and, as applicable, identify and correct any errors;
- Validate the Order, the Total Price as well as the All-Inclusive Price (“Validation of the Order”);
- Follow the instructions of the online payment server in order to pay the All-Inclusive Price.
The Customer then receives electronic confirmation of acceptance for payment of the Order.
The Customer also receives an electronic receipt which acts as confirmation of the Order (“Confirmation of the Order”).
The Customer receives electronic confirmation when the Order is dispatched.
If the Customer does not receive the notifications specified in the present Article, the Online Sale is incomplete, and the Customer is invited to contact the Seller.
Article 5
Price for the Goods and Services
The Price for the Goods and Services sold on the Site is indicated by article and reference or by service and reference respectively.
The currency accepted for payment on the Site is the United States Dollar
At the time of Validation of the Order, the price to be paid comprises the All-Inclusive Price.
Article 6
Terms and Conditions for Payment
The Customer is informed and hereby accepts that all payments for Goods and Services offered on the Site are processed through payment partners controlled by the Seller, CyberSource and Flywire in this respect, the Customer undertakes to provide any supplementary information which may be required by CyberSource and Flywire (directly or by way of the Seller), including information which may allow the Customer to be identified.
The Seller proceeds with the collection and processing of personal data in accordance with the data protection policy, which can be found on the Site.
If payment is not made by the holder of the bank account corresponding to the bank card or from which the bank transfer has been made, the Customer must ensure compliance of the payment with the applicable banking legislation and regulations and must in particular ensure the existence of a legal connection between the Customer and the holder of the bank account used, authorising the payment.
The means of payment accepted are: bank cards, and bank transfers for Orders where the amount exceeds USD $100.
If the Customer is a National Committee, Group or Direct Member of the ICC, it may pay for its Order by bank transfer without any minimum amount.
The undertaking to pay given by way of a payment card or a bank transfer is irrevocable. By communicating the information concerning its bank card, the Customer authorises the Seller to debit its bank card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that it is the holder of the bank card to be debited and that the name appearing on the bank card is in fact its name. The Customer communicates the number and expiry date of its bank card including, as applicable, the numbers of the card security code.
Completion of an Online Sale is conditional on receipt of the Price by the Seller.
The Seller is required to operate in compliance with the national and international laws and regulations in force applicable to the fight against corruption, fraud, money-laundering, the fight against terrorism, commercial embargoes and/or economic sanctions.
The Seller reserves the right to refuse or suspend any Customer transaction that the Seller considers fraudulent, unlawful, or non-compliant with the General Terms and Conditions of Sale.
The Seller will not be held liable in the event of any inability to pay resulting from the above-mentioned situations.
Article 7 – Ordering Digital Content
The process for ordering digital content is presented in detail on the Site.
To order, the Customer must have a user account on the Site.
Orders for digital content, validated by the Customer, cannot be cancelled following acceptance and receipt of payment by the Seller.
Orders for digital content are confirmed by email and a link is sent to the Customer allowing download of the selected content.
If the Customer does not receive the notifications mentioned in the present Article, the Online Sale is not complete and the Customer is invited to contact the Seller.
The Seller undertakes to reimburse the Customer or exchange any damaged files. In this case, the Customer must notify the Seller’s customer service department as soon as possible.
In all cases, the Customer is entitled to the legal warranties on conformity and latent defects, in accordance with the legal provisions in force.
Any benefits acquired during purchase of the product will be lost in the event of cancellation of an order.
Article 10
Intellectual Property Rights
The trademarks belonging to the Seller and ICC, including all figurative or other trademarks and more generally all other marks, illustrations, images and logos displayed on the Goods, their accessories and their packaging, whether registered or not, are and remain the exclusive property of the Seller and/or its partners or, as applicable, their respective owners with whom they have entered into licence agreements. Any full or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. This also applies to any combination or amalgamation with any other trademark, symbol, logo and more generally any other distinctive sign intended to create a composite logo. This also applies to any copyright, design, model or patent rights which are the property of the Seller or its partners or, as applicable, their respective owners with which they have entered into licence agreements.
Article 11
Force Majeure
Performance by the Seller of its obligations pursuant to the General Terms and Conditions of Sale will be suspended should an act of God or force majeure event occur which impedes or delays said performance.
The Seller will notify the Customer of the occurrence of such an act of God or force majeure event within 5 days after the date on which the event occurs.
Where the suspension of performance of the Seller’s obligations continues for a period exceeding 20 days, the Customer will be entitled to cancel the Order in progress and the Seller will then proceed to reimburse the Order on the terms specified in Article 7.
Article 12
Invalidity of a Clause of the Contract
If any single provision of the present Contract is found null and void, this invalidity will not cause the other provisions of the Contract to be void and they will remain in force between the parties.
Article 13
Governing Law
The present Contract is governed by Singaporean law.
Article 15
Dispute Settlement
Any dispute between, in particular, the Seller and a consumer or professional Customer, arising from the formation, interpretation or performance of the General Terms and Conditions of Sale will fall under the exclusive jurisdiction of the courts in Singapore, notwithstanding multiple defendants or third-party proceedings.
IMPORTANT NOTE: For every ICC eBook purchased, a singular personal, non-exclusive, non-transferable, non-sublicensable, limited right to access the Services and use the Services and the Material for which are provided by ICC Academy. This access is for private, non-commercial use solely for learning and education purposes, provided that such content is not modified in any way (including creating derivative works thereof).