ICC Academy Private LTD Terms and Conditions of Registration and Use
The mission of the ICC Academy Private LTD (hereafter “ICC Academy“) is to provide an international access to online training and certification programs (hereafter the “Services“) in the areas of banking, trade finance and international trade to any individual standing with a bona fide interest in such domain that registers with ICC Academy (hereafter the “Users“).
The Services include access to an interactive e-learning platform, which will allow Users to attend courses dedicated to various subjects, based on eBooks, e-Cases, e-Videos, webinars, or practice exams developed by experts (hereafter the “Material“).
These Terms and Conditions of Registration and Use (hereafter the “Terms“) govern the ICC Academy website, https://icc.academy (hereafter the “Website“). By using the Website, you acknowledge that you have read the Terms and agree that the Terms constitute a binding legal agreement between you and ICC Academy. If you do not agree to comply with the Terms, please do not use the Website.
ICC Academy reserves the right to modify the Terms at any time. Any change or modification of the Terms will be effective one month after their publication on the Website. You can determine when ICC Academy last changed the Terms by referring to the “Last Updated” mention above. In all cases, your continued use of the Website after the coming into effect of such modifications constitutes binding acceptance of these modified Terms.
To access the Services and display the content to which you are provided access by ICC Academy, either as a User/Candidate, you must register in the LMS.
– Opening an ICC Academy account
Creation of an account is required to make any purchase on the ICC Academy LMS accessible via the Catalogue. At the payment stage, to become an authorized user of the Services, you will need to complete the registration process by filling-in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. You will be asked to accept the LMS’s Usage Terms, and you will be assigned a username and a password allowing you to access your ICC Academy account (hereafter the “User Account“).
– User Restrictions
ICC Academy is only open to individuals, to the exclusion of any association, company, registered or not, or any other business entity. To benefit from the Services offered by ICC Academy, you must be at least 18 years of age and fully able and competent to enter into the Terms.
Individuals who are permanent residents of North Korea, Iran, Syria, Cuba, Sudan and South Sudan are strictly prohibited from registering for the ICC Academy Services.
When you open a User Account, you will be assigned a username and password that is unique to you. Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality and security of the username and password, and agree not to transfer your password or username, or lend or otherwise transfer your use of the Services or access to the Services to any third party. You are fully responsible for all activities that occur under your username and password. You agree to immediately notify ICC Academy of any unauthorized use of your username and password or any other breach of security related to your account or the Website. ICC Academy is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You recognize that ICC Academy has the right, with or without notice, to suspend or terminate your User Account, remove you from any user list, and refuse any and all current or future access and use of any Services if it suspects that the information you provided is untrue, inaccurate, not current or incomplete, or if you are not allowed to register according to these Terms. To this effect, ICC Academy reserves the right to undertake any verification and to request from you any document that may prove that your information is accurate, and that you are allowed to register as a User.
You also recognize that ICC Academy may terminate your User Account and your right to use the Services, if in ICC Academy’s sole discretion; you fail to comply with any term or provisions of these Terms.
Upon making a purchase in the ICC Academy Catalogue and registering a user account, you will be able to access the courses. The standard account validity is 12 months from the date of the first purchase. In order to participate in an online course, you will be required to register in the course by selecting the course from the list of offered courses and you will be required to pay a fee.
ICC Academy may choose to offer a certificate, statement or other acknowledgement or documentation to you and/or your company if you satisfy certain criteria (e.g., course completion) in connection with one or more courses or programs made available to you through ICC Academy (a “Certificate”). The issuance of a Certificate to you and/or your company, and the criteria governing such issuance, are solely within our discretion and may be changed at any time. In addition, you acknowledge that (a) your receipt of a Certificate, if any, does not represent an endorsement by ICC Academy and (b) ICC Academy is not an accredited educational institution, nor have sought any such accreditation. However, the ICC Academy Certifications are accredited by the following institutions: IBF and LIBF. You agree that you will not seek to obtain a Certificate through any false, misleading, or unlawful means, or misrepresent to any third party the nature, content or terms of issuance of any such Certificate.
The first attempt at the examination to get certified from the ICC Academy after completing the relevant Certification Programme is included in the purchase fee; however, should the User fail the first attempt, extra attempts will attract a retake fee.
Course and certification fees are payable at the time of registration for the course or the examination. You are responsible for paying all fees and applicable taxes in a timely manner with a payment accepted by the Website. ICC Academy expressly reserves the right to refuse access to any course or examination if the fee is not paid, is cancelled or not processed for any reason.
ICC Academy reserves the right to change the fees at any time in its sole discretion.
ICC Academy fees are quoted in US dollars and exclusive of any applicable VAT, GST or any applicable tax, which shall be added to the quoted price and shall be payable to ICC Academy together with the quoted price.
By making this payment, you recognize that you have checked that this payment could validly be made pursuant to national and international laws and regulations applicable to this transaction including those adopted by the State of origin of the currency used.
You may effect payment in the LMS by using one of the following payment methods (hereafter the “Payment Instrument“):
- payment by credit card: Visa and MasterCard;
- payment by Alipay
- payment through promotional codes or vouchers that have been offered to you.
You may be asked during the payment process to provide your credit card information. As a User of the Services, you agree that your credit card will be charged, or your bank account debited of the applicable fees and any sales tax and any other charges you may incur in connection with your use of the Services. Except as stated therein, all fees and charges are nonrefundable. You agree to pay all amounts due pursuant to the order and to maintain adequate funds or credit balances on your Payment Instrument to satisfy all amounts due to ICC Academy.
Any bank fees or charges incurred on your Payment Instrument by your credit firm or bank are your responsibility. Except if otherwise expressly refused by you, all fees will be billed to the Payment Instrument you designated when you first incurred a charge on the Services. If any of your billing information changes, you must update that information by contacting ICC Academy, using the contact details that appear on the Website or by means of the “Contact Us” link.
The Website, including the Material, may contain errors and omissions. ICC Academy reserves the right to correct errors or omissions without prior notice. ICC Academy also reserves the right to cancel or discontinue any course, in which case ICC Academy will refund your payment related to this course.
Ownership of ICC Academy Material is further described in Section 9 (Intellectual Property) of these Terms.
You are granted a personal, non-exclusive, non-transferable, non-sub-licensable, limited right to access the Services and use the Services and the Material for which you are provided access by ICC Academy as a User. This access is for your private, non-commercial use solely for personal training and education purposes, provided that you do not modify such content in any way (including create derivative works thereof).
You warrant and represent that you will use the Services for personal training and education only, and that you will not use the Services for any commercial or other purpose, or allow any other person to access the Website, the LMS or use the Services. You specifically agree not to sell, lease or rent access to the LMS or otherwise transfer any rights to use the Services.
All content or other materials, including but not limited to ICC Academy Material, code, images, illustrations, designs, layout, arrangements, displays, icons, audio and video files are the property of ICC Academy and are protected by copyright. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer content from the Website or the LMS, nor may you modify or create derivative works of such content.
The logos, names and graphics may be trademarks of ICC Academy or any of its affiliates or partners. Use, reproduction, copying or redistribution of ICC Academy trademarks, without the prior written permission of ICC Academy or any of its affiliates or partners, is prohibited.
The Website may provide you the ability to upload certain information, text, or materials, including without limitation, any information, text or materials that you post on the Website’s discussion forums (hereafter “User Content“).
You may not use the Website to transmit, display, perform or otherwise make available any User Content (i) that is illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; or (iii) that constitutes political campaigning or commercial solicitation or that contains software viruses or other computer code designed to interfere with the functionality of any computer systems.
You agree that, if a third party claims that any User Content you have published on the Website is unlawful, you will bear the burden of establishing that such User Content complies with all applicable laws. ICC Academy do not and cannot review all User Content on the discussion forums, and more generally on the Website, and is not responsible to you or any other party with respect to, and do not endorse or make any representation or warranty with respect to, any User Content provided or made available by other users of the Website. ICC Academy has the right to remove User Content from the Website, block access, or take other action with respect to the User Content in its sole discretion.
Grant of license: By your submission of User Content, you hereby grant ICC Academy an irrevocable, perpetual, non-exclusive, royalty free, fully transferable, worldwide license to use, disclose, reproduce, distribute, prepare derivative works of, publicly perform and publicly display, modify and otherwise exploit such User Content for any purpose, and in any form or media. You also grant to other users of the ICC Academy services, including this Website, a non-exclusive license to access, reproduce and use such User Content in connection with their own use of ICC Academy services in compliance with these Terms. In addition, you hereby waive any claims against ICC Academy for any alleged or actual infringement of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with our use of such User Content as permitted by these Terms.
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion or the Website;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Website, other than the search engines and search agents available through the Services and other than generally available web browsers;
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working or the Website or the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprised in, or in any way making up a part of the Website or the Services.
The Website may include hyperlinks to sites maintained or controlled by others. These links are included on the Website for your convenience only, and you access them at your own risk. ICC Academy is not responsible, and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered by these sites.
ICC Academy, this Website and the Services and Material offered in connection therewith are not offered by an accredited educational provider. Your use of the Website, the Services or the Material is at your own risk. The ICC Academy Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or non-infringement. ICC Academy does not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services.
ICC Academy does not warrant that the Services will operate in an uninterrupted or error-free manner, or that the Website is free of viruses or other harmful components. Use of information obtained from or through the Website is at your own risk.
Without limiting the foregoing, ICC Academy does not warrant that (i) the Services will meet your requirements or expectations or achieve the intended purposes, (ii) the Website will not experience outages or otherwise be uninterrupted, timely, secure or error-free, (iii) the information obtained from the Services will be accurate, complete, current or error-free, completely secure or reliable, (iv) that you will be able to receive information from or through the Website or (v) that defects in or on the Website will be corrected.
You agree that ICC Academy will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these Terms, or to your (or any third party’s) use, misuse or inability to use the Services, or to your placement of User Content on the Website, or to your reliance upon information obtained from or through the Services, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if ICC Academy or an ICC Academy authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or the exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ICC Academy’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you for the use of the Services, during twelve (12) months preceding the cause of action.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless ICC Academy from and against all claims, actions, demands, losses or damages including reasonable attorney’s fees arising out of your use of, or activities in connection with the Services, your placement of User Content on the Website, or any violation or alleged violation of these Terms by you.
If you have any questions regarding the Services provided through the Website, you may contact ICC Academy.
Notices to you may be made via either email or regular mail. Notices to ICC Academy should be directed to the address listed above. ICC Academy may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you on the Website.
ICC Academy’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without ICC Academy’s prior written consent.
The Terms inure to the benefit of ICC Academy’s successors, assigns and licensees.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
User data is retained by ICC Academy for a duration of 5 years.
THE TERMS ARE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAW OF THE REPUBLIC OF SINGAPORE, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW.
YOU AGREE THAT ALL CONTROVERSIES, DISPUTES, DEMANDS, COUNTS, CLAIMS, OR CAUSES OF ACTION BETWEEN YOU AND ICC ACADEMY ARISING OUT OF, UNDER, OR RELATED TO THESE TERMS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF SINGAPORE.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The present Contract is governed by Singaporean law.
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.