These General Terms and Conditions govern access by Users to the E-learning Solutions on the WCO Academy Platform. The validation of his order by the User shall be equivalent to total and unreserved acceptance of these General Terms and Conditions, with which he declares himself to be fully acquainted. These General Terms and Conditions take precedence over any other conditions contained in any other document whatsoever
Important notice to the User
“The consumer has the right to notify the enterprise of its intention to cancel the purchase, without penalty and without giving any reason, within 14 calendar days from the day after the day of delivery of the good or of the signing of the service contract.”
As set out in Article 11(2) of these General Terms and Conditions, where an access to WCO Academy is sold online via the WCO Academy Platform , the User – provided he constitutes a “consumer” within the meaning of the Belgian Law of 6 April 2010 on market practices and consumer protection and only if the e-learning course has not been started – has a period of fourteen (14) calendar days, starting from the day following the date of delivery of the Publication(s) ordered, to notify the WCO in writing, if need be, of his intention to cancel the purchase.
ARTICLE 1 – IDENTIFICATION AND DEFINITIONS
The Customs Cooperation Council, known as the World Customs Organisation, is an international organization having its headquarters at Rue du Marché, 30 – 1210 Brussels (Belgium).
Any individual or legal person who accesses to E-learning Solution(s) on the WCO Academy Platform.
1.3 “E-Learning Solution(s)”
E-learning course(s), webinars (live and recorded), WCO Publications’ products only as part of bundles (i.e. Harmonized System Database), WCO Communications’ products (i.e. KACT), e-books, blended training solutions and others which are accessible freely or for a fee through the WCO Academy Platform.
1.4 “WCO Academy Platform”
WCO’s online platform (https://academy.wcoomd.org) for the access to the E-Learning Solutions, as well as other tools and features such as News, Blog, Forums and others, the use of which is conditional upon compliance with these General Terms and Conditions.
1.5 “Order Form”
Formal representation online on the WCO Academy Platform of the particular conditions of a given order: full identity of the User, price (including possible discounts), selected E-learning solution(s), payment information, access period, etc.
ARTICLE 2 – ORDERS, PRICING, INVOICING AND TERMS OF PAYMENT
2.1 The WCO shall not be bound to accept any order to access any E-Learning Solution on the WCO Academy Platform until the User has signed an Order Form through the WCO Academy Platform and an acknowledgement of receipt confirming the agreement of the WCO to process the order has been dispatched. The WCO reserves the right to make the confirmation of the order subject to other conditions, to suspend it or to refuse, namely in the following cases:
(i) where there is a dispute between the WCO and the User;
(ii) Order Form is incomplete or incorrect;
(iii) communication of clearly erroneous data;
(iv) failure to pay for previous orders or refusal of authorization by the User’s bank or financial institution; or
(v) the User belongs to a WCO Member’s Customs Administration
2.2 Offers and prices of E-learning Solutions are valid for the day on which the WCO Academy Platform is consulted and they may be changed without notice. Prices of E-Learning Solutions are quoted in euros and all orders for E-Learning Solutions, whatever their origin, are payable in euros.
2.3 Payment in advance by the User is required before any access to any E-Learning Solution is granted. In case of payment via bank transfer, the WCO reserves the right to delay access to any E-Learning Solution until payment is duly received on WCO’s bank account.
2.4 The purchase receipt is to the order confirmation email sent by the WCO after validation of payment. The WCO cannot be hold accountable in case such receipt is not received by the User due because of any issue outside of WCO’s reasonable control (eg. email ends up in User’s spam folder, server problem etc.)
2.5 Orders placed with the WCO are payable by credit card, via a secure server, or by bank transfer. If a credit card is used, authorization will be requested from the User’s financial institution at the time the order is placed. Bank charges incurred as a result of payments being made in any other currency or as a result of the method of payment used are payable by the User.
2.6 In application of Article 13.1 of the EU Council Directive 2006/112/CE on the common system of the value added tax, all orders for goods and services provided by the WCO are invoiced exclusive of VAT since the WCO is regarded as non-taxable person in respect to the activities or transactions in which it engages as public authority within its scope of activity defined in the Convention of 15 December 1950 establishing a Customs Co-operation Council, even where it collects dues, fees, contributions or payments in connection with those activities or transactions.
2.7 In no case may the payments due be suspended nor the subject of any reduction whatsoever.Any overdue payment shall result, from the due date and without formality, in the payment of late fees at the rate of twice (2 times) the legal rate applicable in Belgium as regards delays in payment in commercial transactions, without prejudice to the WCO’s option to suspend or terminate User’s access to the WCO Academy Platform in application of these General Terms and Conditions.
2.8 The User – provided he constitutes a “consumer” within the meaning of the Law of 6 April 2010 on market practices and consumer protection and only if the e-learning course has not been started– has a period of fourteen (14) calendar days, starting from the day following the date of purchase of access to the E-Learning Solution ordered, to notify the WCO in writing of his intention to cancel the purchase. Upon acceptance of such claim, the WCO shall refund to the User the amount of the order concerned. Other than it that specific case, no refund will be granted by the WCO.
ARTICLE 3 – ACCESS TO AND USE OF E-LEARNING SOLUTIONS
3.1 In order to access and use the WCO Academy Platform, the User will create an account and be provided with a login and password. The WCO will open online access to E-Learning Solution(s) selected by the User for a limited subscription period as stated in the Order Form and/or in the receipt emailed to the User.
3.2 When setting up and maintaining its account, the User must provide and continue to provide accurate/complete information and has full and exclusive responsibility for its account, including for any harm or damage caused by someone using such account without User’s permission.
3.3 The User is not authorized to:
(i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material accessible on the WCO Academy Platform (including E-learning Solutions);
(ii) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material accessible on the WCO Academy Platform (including E-learning Solutions);
3.4 Upon successful completion of E-Learning Courses, the WCO may deliver certificates of achievement. These certificates does not constitute an official diploma issued by the WCO nor confer any right(s) or title(s) to the recipients.
ARTICLE 4 – PROCESSING OF PERSONAL DATA
4.1 The WCO may use User’s personal data to for internal purposes only (operation of the WCO Academy Platform, communications with Users, etc…) and such personal data will not be disclosed, leased, sold or shared with any third party without informing the User in advance and obtaining his explicit consent, unless the WCO is obliged to communicate these data pursuant to a legal obligation or an injunction from a competent authority (within the framework of legal proceedings for instance).
4.2 General Data Protection Regulation (EU Regulation 2016/679) does not apply to the WCO considering its status as an intergovernmental organization. Nevertheless, the WCO applies its own internal data protection policy. At the specific request of the User, he shall have a right of access, a right of objection, and a right of rectification and/or of deletion pertaining to the information concerning him held by the WCO. The User may exercise these rights by sending a request (citing his e-mail address, surname, first name and postal address), by e-mail to the following address: email@example.com. If there are any additional questions or complaints relating to the processing of the User’s personal data, the User may also contact the WCO as above.
4.3 The WCO Academy Platform may contain links to other sites which are neither owned nor managed by the WCO. The WCO may not be held responsible for the practices of those sites as regards the protection of privacy, and the rules set out in this policy as regards the protection of personal data shall apply exclusively to the data collected through the WCO Academy Platform.
ARTICLE 5 – INTELLECTUAL PROPERTY RIGHTS
5.1 All intellectual property rights in the WCO Academy Platform and the E-Learning Solutions are, and remain, with the WCO, without any limitation whatsoever.
5.2 WCO’s name and logo, and all related names, logos, product and service names, designs and slogans (including “WCO Academy”) are and remain ownership of the WCO and the User may not use them without the prior written permission of the WCO.
ARTICLE 6 – TRANSFER
User’s right to access and use the WCO Academy Platform and E-Learning Solutions is granted intuitu personae by the WCO and it may not be assigned or transferred in whole or in part, directly or indirectly, to a third party without the prior written agreement of the WCO.
ARTICLE 7 – SUSPENSION
7.1 In the event of failure by the User to meet any of its obligations, the WCO may, after sending an e-mail notice of demand which remains unanswered ten (10) working days after that e-mail being sent, suspend access to the WCO Academy Platform and E-Learning Solutions until the situation has been regularized, without any possibility for the User to claim any refund of or reduction in any amount paid.
7.2 If the default persists for more than twenty (20) calendar days beyond the period of ten (10) working days mentioned in Article 7.1, the WCO shall be entitled to terminate User’s access to and use of WCO Academy Platform and E-Learning Solutions without notice or indemnity.
ARTICLE 8 – TERMINATION FOR CAUSE
8.1 The WCO shall have the right to terminate User’s access to and use of WCO Academy Platform and E-Learning Solutions without notice, reimbursement or indemnity by sending an email specifying the reasons for the termination, if any of the following events occur:
(i) in application of Article 7;
(ii) the User performs an activity which might be detrimental to the WCO; or
(iii) the User does not make a payment due within fifteen (15) calendar days of the receipt of a written reminder to honour this payment.
8.2 In the event of termination, for whatever reason, access by the User to the WCO Academy Platform and E-Learning Solutions will automatically and immediately be terminated, without notice, refund or indemnity.
ARTICLE 9 – LIMITATION OF LIABILITY
9.1 All E-learning Solutions offered for access on the WCO Academy Platform are provided “as is” and described in good faith and as accurately as possible.
9.2 Parties agree that the WCO cannot be held liable in case of any problem or unavailability, suspension or termination of access to the WCO Academy Platform and E-Learning Solutions (i) caused by factors outside of WCO’s reasonable control, including any force majeure event or internet issues; (ii) resulting from any actions or inactions of the User or any third party; and/or (iii) resulting from User’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within the WCO’s direct control).
9.3 Content of E-Learning Solutions should not be regarded as legally binding or being the official position of the WCO. Moreover, views and opinions expressed in forums, blogs and webinars accessible on the WCO Academy Platform are those of the authors and do not necessarily reflect the official policy or position of the WCO. Under penalty of suspension and/or termination of access, each User undertakes to refrain to post or disseminate via the WCO Academy Platform (i) any content that defames, harasses or threatens others; discusses illegal activities; infringes any third party’s intellectual property rights (ii) pornographic, obscene, indecent or unlawful content (iii) advertising or any form of commercial solicitation; (iv) content related to partisan political activities; (iv) viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of any third party’s computer or property; and (vi) content that contains intentionally inaccurate information or that is posted with the intent of misleading others. The WCO reserves the right to remove any content that would not be compliant
9.4 The WCO will not incur any liability for any consequential damage (direct or indirect) arising from the use of WCO Academy Platform or the E-Learning Solutions (including operating losses, loss of profits, loss of opportunity, or damages or costs incurred by the User).
ARTICLE 10 – TOLERANCE
Failure by the User or the WCO to exercise any right under the terms of these General Terms and Conditions or tolerance of the non-performance or infringement of one of its articles may never be interpreted as a waiver of reliance upon the said right and/or article.
ARTICLE 11 – PARTIAL INVALIDITY
The possible nullity of one of the clauses of these General Terms and Conditions shall not entail the nullity of the whole of the agreement and the Parties undertake, in such circumstances, to replace the clause that is void by a valid clause with equivalent effect.
ARTICLE 12 – NOTIFICATIONS AND USER SUPPORT
12.1 Support and problem resolution
The WCO will commit the resources necessary to diagnose and resolve any issues with the WCO Academy Platform. Email support (firstname.lastname@example.org) and live chat support shall be provided in English to the User during WCO opening days from 9AM to 4PM CET. Parties agree that this guarantee do not apply in case of unavailability, suspension or termination of any service: (i) caused by factors outside of WCO’s reasonable control, including any force majeure event or internet issues; (ii) resulting from any actions or inactions of the User or any third party; and/or (iii) resulting from User’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within the WCO’s direct control).
12.2 Any notification or complaint to the WCO may be addressed to the following addresses:
Rue du Marché, 30
ARTICLE 13 – AMENDMENTS
The WCO reserves the right to amend to these General Terms and Conditions in the future provided the User is duly informed. Any amendment to these General Terms and Conditions shall be deemed accepted by the User inasmuch as it continues accessing the WCO Academy Platform after the date of their entry into force.
ARTICLE 14 – APPLICABLE LAW AND DISPUTE SETTLEMENT
14.1 The WCO being an intergovernmental Organization, and as such independent of its Member States, it enjoys immunity from jurisdiction and judicial execution pursuant to international law and cannot be brought before a national court or judicial authority. It is mandatory due to its status and in order to insure the WCO’s independency towards any national jurisdiction to insert in all agreements a specific “Dispute settlement” clause providing for an arbitration procedure in case of dispute between the WCO and the User.
14.2 As a consequence, any dispute between the User and the WCO regarding their agreement shall be settled in accordance with the procedure laid down in Part I of Customs Co-operation Council Decision 331 (available for consultation at http://www.wcoomd.org/en/about-us/wco-decision-331-on-the-settlement-of-disputes-and-wco-standard-terms-and-conditions.aspx ).