Introduction

Welcome to the ITC’s E-Learning SME Trade Academy. Please read the following Conditions of Service (“TOU”), the Privacy Policy and Honor Code prior to registering for any course on the Trade Academy, or using any portion of the Trade Academy website (the “Site,” which consists of all content and pages located within the learning.intracen.org web domain), including accessing any course material, forums, or other electronic file or services. These TOU, the Privacy Policy, and the Honor Code are agreements (the “Agreements”) between yourself and the ITC. By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site.

The ITC reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon being posted on this page with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes involved herein. Be sure to return to this page periodically to make sure that you are familiar with the most current version of these TOS.

 

Rules for Online Conduct

You agree that you are responsible for your own use of the Site and for your User Postings. "User Postings" include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, questions, comments, videos and file uploads. You agree to use the Site in accordance with all applicable laws. Further, you agree not to use the Site for organized partisan political activities. You also agree that you will not e-mail or post any of the following content ("Prohibited Content") anywhere on the Site, or on any other learning.intracen.org computing resources:

• Content that defames, harasses or threatens others
• Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
• Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets
• Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
• Material that contains obscene (i.e., pornographic) language or images
• Advertising, promotional materials, or any form of commercial solicitation
• Content that otherwise harms other users or visitors to the Site
• Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
• Content that probes, scans, or tests the vulnerability of any system or network
• Content that breaches or otherwise circumvents any security measures
• Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Sites
• Content that plants malware or otherwise uses the Site to distribute malware

Although the ITC does not routinely screen or monitor content posted by users to the Site, it reserves the right to remove Prohibited Content of which it becomes aware, although it is under no obligation to do so.

Copyrighted material, including, without limitation, software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

In addition, as a condition of accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site other than as expressly allowed under these Terms of Use; (b) use the ITC’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Sites (including, without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; or (e) interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Site.

 

User Accounts

In order to fully participate in all Site activities, you must register for a personal account on the Site (a “User Account”) by providing an email address and a password for your User Account. You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You certify that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, the ITC reserves the right to terminate your use of the Site.

 

Privacy Policy

You understand that any personal information you submit to the ITC on the Site will be treated by the ITC in the manner described in the Privacy Policy

 

Online Course and Certifications

The Site will regularly offer online courses in a specific area of study or on a particular topic (an “Online Course”). The ITC and the tutors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below.

For some Online Courses, you may be awarded a certificate acknowledging your completion ("Certificate") subject to your satisfactory performance in the Online Course as determined by the sole discretion of the tutors and of the ITC. This Certificate, if provided to you, will come from the ITC. The ITC reserves the right not to offer any such Certificate for an Online Course. You acknowledge that the Certificate, the ITC’s Online Courses, will not stand in the place of a course taken at an accredited institution, and do not convey academic credit. The format of the Certificate will be determined at the discretion the ITC and the tutors, and may vary by course in terms of formatting, e.g., whether or not it reports your detailed scores or grades in the class, and in other ways.

You may not take any Online Course offered by the ITC or use any Certificate as part of any tuition-based or for-credit certification or programme for any college, university, or other academic institution without the express written permission from of the ITC. Such use of an Online Course or Certificate is a violation of these Terms of Use.

 

Permission to Use Materials

Upon your agreement to the TOU contained here, the ITC grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.

 

User Material Submission

The Site may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials ywhich ou post on the Site’ forums, such as the “Ask the Tutor” forum or the discussion forums (“User Content”). With respect to User Content you submit or otherwise make available in connection with your use of the Site, and subject to the Privacy Policy, you grant the ITC a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to the ITC that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit the ITC to use such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) as between you and the ITC, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.

The Site may also provide you with ability to upload or send information to the ITC regarding the Site or related services (“Feedback”). By submitting the Feedback, you hereby grant the ITC an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.

 

Links to Other Sites

The Site may include hyperlinks to sites maintained or controlled by others. The ITC is not responsible for, nor does it routinely screen, approve, review or endorse the contents or use of any of the products or services that may be offered on these sites.

Disclaimer of Warranty / Limitation of Liabilities

THE SITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ITC AND THE COURSE TUTORS (THE “ITC PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY ONLINE COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE ITC PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE ITC PARTIES DO NOT WARRANT THAT (A) THE ONLINE COURSES OR SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE COURSES OR SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE COURSES OR SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE ONLINE COURSES OR SITES WILL BE CORRECTED. NONE OF THE ITC PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITES MAY BE IMPAIRED. THE ITC PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE COURSES OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE ONLINE COURSES AND SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE ITC PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE AN ONLINE COURSE, SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH AN ONLINE COURSE OR SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE ONLINE COURSES OR SITES.

EXCEPT AS PROHIBITED BY LAW, THE ITC PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE ANY ONLINE COURSE OR SITE, DATA LOSS.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TOU REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ITC PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO THE ITC'S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Copyright Policy

If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the ITC to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices and counter-notices with respect to the Site should be sent to:

E-Learning Division
International Trade Center
Rue de Montbrillant 24
Geneva, 1202, Switzerland

We suggest that you consult your legal advisor before filing a notice.

 

Indemnification

You agree to indemnify, defend and hold harmless the ITC and each of their respective officers, directors, agents, employees, and assignees, including the Tutors, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Sites or Online Course in violation of the TOU; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Sites or through the Online Course, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination Rights

You agree that the ITC, at its sole discretion, may terminate your use of the Site or your participation in it t, for any reason or no reason and that none of the ITC Parties shall have any liability to you for any such action. You further agree that the ITC has the right to cancel, delay, reschedule or alter the format of any Online Course at any time, and that none of the ITC  Parties shall have any liability to you for any such action. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to the ITC.

 

Honor Code

All students participating in Online Courses must agree to abide by the following code of conduct:

1. I will register for only one account.
2. My answers to case studies, quizzes, and exams will be my own work (except for assignments that explicitly permit collaboration).
3. I will not make solutions to case studies, quizzes, or exams available to anyone else. This includes both solutions written by me, as well as any official solutions provided by the course tutors.
4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve/hurt the results of others.

Effective as of November 12^th, 2014