TERMS AND CONDITIONS
FOR THE USE OF ICC CO VERIFICATION WEBSITE
1. Scope of application, modifications
Access to and use of the CO Verification website (hereinafter “the Website”), any document, material or other information, including text, images and software made available on the Website and any of the services provided via the Website are governed by these terms and conditions of use (hereinafter “the Terms and Conditions”) and constitute acceptance of the Terms and Conditions by the Chambers of the Website (hereinafter “Chambers”).
The International Chamber of Commerce (hereinafter “ICC”) reserves the right to amend the Terms and Conditions at any time by posting the Terms and Conditions on the Website and informing the Chambers. Such amendments take effect on the date on which they are posted. Chambers are entitled to object to them within two weeks of posting.
If any provision of the Terms and Conditions is for any reason held to be invalid, illegal or otherwise unenforceable, such unenforceability does not affect any other provision; the Terms and Conditions are then to be construed as if they had never contained the provision(s) in question and are to be interpreted, in so far as possible, in such a way as to maintain their original intent.
2. Purpose of the Website
The general purpose of the Website is to create added value in international trade for exporter and importer when it comes to credibility of a certificate of origin (CO).
The ICC WCF International Certificate of Origin Accreditation Chain (CO Chain) was created in September 2012 based on international guidelines to which chambers can adhere on a voluntary basis. It represents ICC WCFs commitment in its push for global harmonisation in the issuing process of COs.
Having signed the ICC WCF CO Protocol, chambers guarantee that they will commit to the highest level of quality, implementing transparent and accountable verification procedures. Accredited chambers will then receive a distinctive internationally-recognised quality label, reinforcing their integrity and credibility as competent trusted third parties in the issuance of COs, which appears next to their chamber stamp on the CO Form. Their COs, bearing the ICC WCF label, can be thus verified on the Website.
Through this secure website, mutual trust is reinforced between customs authorities and chambers by ensuring that COs are issued in accordance with international standards. The CO Verification website reinforces the internationally-accepted standards established by the International CO Guidelines.
Core CO data from accredited chambers are uploaded to a secured platform. Customs authorities and the issuing chambers can authenticate the CO by entering a unique CO number and the chamber’s accreditation code. Main references such as date of issue, name of the exporter and exporter, origin of the goods and the issuing chamber’s contact information will be made available to the customs authorities. If a CO number is not issued by an accredited chamber, an immediate notification will be sent.
The Website aims to:
- aims to offer Chambers and Customs Authorities the possibility to verify the authenticity of Certificates of Origin online;
- Strengthen the trustworthiness of exporters, reduces the risk of fraud and thus legal liability for importers.
3. Chamber's obligations, connection and registration
Chambers must comply with all applicable laws and regulations. They must refrain from violating or attempting to violate the ICC’s network security and, in particular, from uploading or attaching virus-containing or corrupted files or any software or programs that might damage the Website or the operation of another user’s computer.
Chambers can transfer their CO Data via its unique and personal username and password, which will allow them to access to the Website.
The access to the Website requires a prior registration. Chambers must provide correct and complete information when registering, and update if necessary. Chambers shall designate a single point of contact who will establish and manage the account, including the designation of Chambers authorized to create usernames and passwords for the related account.
Chambers shall not misuse any access authorization granted to them. In particular, Chambers shall refrain from themselves uploading political, sexual, racist, sexist, offensive or discriminatory content. If needs be, Chambers may report any abuse to ICC. By registering, Chambers agree to being contacted by ICC by e-mail.
Chambers are responsible for maintaining the confidentiality of their account and password to prevent unauthorized access to that account. Chambers must take all necessary steps to keep their password secure and must inform ICC without delay at email@example.com if it is being or could be used without authorization.
4. ICC's rights
Any political, discriminatory, inappropriate or offensive content does not imply approval by ICC and may be removed from the Website by ICC. ICC cannot be held liable for any offending content provided by the Chambers, who remain responsible for the content of their publications.
5. Technical discontinuance of the Website
ICC reserves the right at any time to modify or discontinue temporarily, for a reasonable period, the Website (or any part thereof) for technical reasons, with or without notice. Chambers agree that ICC shall not be liable to them or to any third party for any modification, suspension or discontinuance of parts of the Website.
6. Chambers Data and Data Protection
Chambers authorize ICC to process, collect, transmit, use and store all data or information submitted via the Website as reasonably required to provide the Services, such as, but not limited to, personal data (names and contact details) of the Chambers’ members (hereinafter “the Chambers’ Data”).
Chambers warrant to ICC that they will verify the accuracy of Chambers’ Data as necessary for ICC to provide the Services and that Chambers have the unencumbered right to possess and use all Chambers’ Data entered via the Website. ICC does not guarantee the accuracy or completeness of any Chambers’ Data and makes no warranty of any kind with regard to the integrity or reliability of any Chambers’ Data.
ICC shall maintain reasonable technical safeguards for protection of the security and confidentiality of Chambers’ Data received and stored by ICC in accordance with the Terms and Conditions.
ICC shall not disclose Chambers’ Data to a third party which is not implicated in the functioning of Website unless required by law, or authorized in writing by Chambers except in connection with support and maintenance to Chambers.
ICC shall take reasonable measures for the protection of personal data on the database and the Website which are necessary to ensure the compliance with relevant legal provisions, including the EU General Data Protection regulation.
In the event that ICC determines that a security breach comprising Chambers’ Data has occurred, ICC agrees to promptly give Chambers notice that such breach occurred, investigate such breach and use reasonable efforts to remedy the cause of such breach.
ICC shall be liable only for damage, loss, security, disclosure breach caused by an intentional gross negligence or misconduct of ICC.
These provisions are not intended to limit the ICC’s liability in breach of any national law applicable or exclude its liability for matters which cannot be excluded under such law.
7. Ownership, Intellectual Property
ICC holds all intellectual property rights, including copyright, designs, know-how, trademarks, technical solutions and softwares in the Website and in its contents, unless otherwise indicated, without prejudice to Chambers’ or third party rights in Chambers’ Data, Chambers’ trademarks and copyrights, and in the materials uploaded by Chambers to the Website or any material available on the Chambers website which is published on the Website by ICC. All images are from iStockphoto unless otherwise indicated.
Except for the content clearly marked as available for download, any other content on the Website should not be reproduced, communicated or made available on other online Websites.
By submitting material to the Website, Chambers warrant that the material does not infringe any third party’s intellectual property or ownership rights. ICC is not liable for any material submitted by Chambers which infringes third parties’ intellectual property or ownership rights.
ICC may refer to Chambers, including by using their names and logos, in presentations, forums or ICC members lists, for the purpose of publicising their use of the Website, unless Chambers notify otherwise.
All ICC content displayed on the Website, including but not limited to, text, graphics, logos, buttons, icons, images, sounds, audio clips, digital downloads, data compilations, know-how and software, is the property of ICC and is protected by the French and/or foreign applicable laws. ICC is not liable of content provided and uploaded by registered Chambers of the Website.
Registered trademarks of ICC are marks indicated on the ICC Sites and include licensors, in France and other countries. All other trademarks that appear on the ICC Sites are the property of their respective owners.
You are prohibited from using, without permission, any of the marks, trademarks, trade names, service names, logos or other proprietary graphic appearing throughout the ICC Sites. For more information, please read the Copyright section on the ICC website: https://iccwbo.org/copyright-and-trademarks/
8. General Provisions
8.1 Terms and termination
The Terms and Conditions shall apply from the moment of User’s registration and throughout their involvement in the Website.
ICC, in its sole discretion, may terminate the Chambers’ access to the Website, if ICC believes that User has violated or acted inconsistently with the letter or spirit of the Terms and Conditions.
8.2 Governing law and jurisdiction
The Terms and Conditions are subject to the laws of France.
Except as otherwise specified in the Terms and Conditions, notices must be in writing and sent to ICC by a secured mail to the attention of the Website at firstname.lastname@example.org.
8.4 Force Majeure
Neither party will be responsible for interruptions in performance of its obligations under the Terms and Conditions due to matters beyond its reasonable control, including acts of God, acts of government, floods, fires, earthquakes, strikes or other labor problems, delays of hosting providers or Internet service suppliers, computer malfunctions, telecommunications failures, or online attacks.