ASEAN Access LEARN Terms and Conditions

Interpretation 

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

• • Members refers to the organisations who are members of the national administration teams (also referred to as “Us/Our/We”) in ASEAN Member States and any other organisations or individuals who might be given administration rights to the ASEAN Access LEARN.
  • Website refers to ASEAN Access LEARN, accessed via https://learn.aseanaccess.com/ (can be referred to also as “ASEAN Access LEARN” or “LEARN” within this document). 
  • User means the individual or a company accessing the Website, or other legal entity on behalf of which such individual or company is accessing or using the Website, as applicable. The use of the Website is only for Users who are at least 18 years old. Users can also be referred to as “You” within this document.
  • Services refer to any training courses, live or self-study, offered through the Website. 
  • Materials refers to any information, data and documents, images, videos, and other information of similar nature, published or uploaded on the Website.
  • Content refers Services and Materials collectively. 

General

The use of this Website constitutes agreement with the following Terms and Conditions:

The Members administer this Website. All Content on this Website from the Members appears subject to the present Terms and Conditions.

Unless expressly stated otherwise, the findings, interpretations and conclusions expressed in the Content on this Website are those of the various Members’ staff members, consultants, trainers and advisers who prepared the Content and do not necessarily represent the views of the ASEAN Member States.

The Members maintain the Website as a courtesy to the Users who may choose to visit or access the Website. The information presented herein is for informative purposes only. The Members grant permission to Users to visit the Website and to download and copy the Content from the Website for the User’s personal, non-commercial use, without any right to resell or redistribute the Content or to compile or create derivative works therefrom, subject to the Terms and Conditions outlined below, and also subject to more specific restrictions that may apply to specific Content within this Website.

Through the Website, Users have access to a variety of resources and content. These include:

• • Data, text, images, photographs, graphics.
  • Documents such as presentations, videos, audio files, and other self-study materials.
  • A trainings calendar.
  • Information about individuals or businesses who deliver the Content. 

In connection with the above-mentioned Content, a User can view, upload, download, share, email, post, publish or otherwise access or make available Content by accessing or using the Website, the User agrees to follow and be bound by the following Terms and Conditions concerning the User’s access to and use of the Website and the Content provided on or through the Website Terms and Conditions of the Members.

The User agrees to not do any of the following:

• • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website which would result in data becoming into the possession of a third-party entity, whether a legal or a natural person.

The Members reserve the right to remove, for any reason and without notice, any Content of the Website without limitation. The above mentioned are terms of a legal agreement between the User and the Website.

ASEAN Access LEARN Services Code of Conduct:

ASEAN Access LEARN offers the Services in good faith, with the view to support businesses in growing their knowledge of international trade, and Our image and professionalism are important to the Members who deliver the Services. Therefore, we expect all Users to comply with the following:

When You register for a Service (live virtual training, or a self-study training), You are expected to attend and follow through with the training, if You haven’t cancelled your participation prior to the start. In case You don’t attend the Service, We have the right to take the following action:

ASEAN Access LEARN post-training Code of Conduct:

We need to obtain feedback from Users in order to evaluate the benefit and measure impact of the Content. After each training, if We ask for it, You are required to give Us feedback on the usefulness and benefits of the Content, and how You plan to use this for your business, and whether there was an eventual positive business impact (understanding or entering a new market, applying a new business strategy, growing Your business, benefitting from cost-savings etc.)

We may ask for such feedback immediately after you have participated in a training and used the Materials, and then later in the future. 

If You refuse to provide feedback We can give you a written warning, suspend your account for a length of time determined by Us, or terminate Your ASEAN Access LEARN account. 

We might use the feedback You have provided Us to promote ASEAN Access LEARN and prepare marketing Content. We will always ask You by email if We can include Your feedback in such promotional materials and activities. You will always approve Your feedback We plan to use, before it is published and can withdraw Your consent at any time before the promotional material has been published.  

Breaches of these Terms and Conditions

Without prejudice to the Members’ other rights under these Terms and Conditions, if You breach these Terms and Conditions in any way, the Members may take such action as the Members deem appropriate to deal with the breach, including suspending Your access to the Website, prohibiting You from accessing the Website, blocking electronic devices using Your IP address from accessing the Website, contacting Your internet service provider to request that they block the Your access to the Website and/or bringing court proceedings against the You.

Intellectual Property Rights

Except as expressly authorised by ASEAN Access LEARN or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works or the Content on the Website, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software ASEAN Access LEARN discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

“ASEAN Access LEARN Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations that ASEAN Access LEARN uses in connection with its products and services. You agree to comply with the ASEAN Access LEARN Trademark and logo usage requirements. You may not remove or alter any ASEAN Access LEARN Trademarks, or co-brand Your own products or material with ASEAN Access LEARN Trademarks, without the Members’ prior written consent. You acknowledge ASEAN Access LEARN’s rights in ASEAN Access LEARN Trademarks and agree that any use of ASEAN Access LEARN Trademarks by You shall inure to ASEAN Access LEARN’S sole benefit. You agree not to incorporate any ASEAN Access LEARN Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services, or technologies.

ASEAN Access LEARN is committed to respecting others’ intellectual property rights, and We ask Our Users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on Our platform, please contact Us by email.

Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by ASEAN Access LEARN on this platform provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content and has been obtained with explicit permission of the Members; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section. Upon termination, You must immediately destroy any downloaded and/or printed Content.

Disclaimer of Warranties

Your use of the Website is at Your sole risk unless otherwise explicitly stated. The Website, including the Content, is provided on an “as is”/ “as available” and “with all faults” basis. ASEAN Access LEARN disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. ASEAN Access LEARN makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the Website.

ASEAN Access LEARN makes no warranty or representation that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Website will be accurate or reliable; (c) the quality of any Content will meet Your expectations or requirements; or (d) any errors in the Website will be corrected.

You assume all risk for any damage to Your computer system or loss of data that results from obtaining any content from the Platform, including any damages resulting from computer viruses.

Limitation of Liability

To the full extent permitted by law, ASEAN Access LEARN is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Website, even if ASEAN Access LEARN has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the Platform; (c) statements or conduct of any third party on the Website, including without limitation unauthorised access to or alteration of transmissions or data, malicious or criminal behaviour, or false or fraudulent transaction; or (d) content or information You may download, use, modify or distribute.

General Terms

These Terms and Conditions constitute the entire agreement between You and ASEAN Access LEARN relating to their subject matter and cancel and supersede any prior versions of the Terms and Conditions. No modification to the Terms and Conditions will be binding, unless in writing. You must not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder. You also may be subject to additional Terms and Conditions that may apply when You use third-party products, or services accessed through the Website.

Content derived or obtained from or through this Website may be subject to laws and regulations of Your own or of other countries. It is Your responsibility to comply with all such laws and regulations.

Rights and obligations under the Terms and Conditions which by their nature should survive will remain in full effect after termination or expiration of the Terms and Conditions.

Payments

ASEAN Access LEARN does not operate a centralised payment system, and We cannot receive payments. If a Service offered on the Platform requires a participation fee, this is a decision taken by the individual organiser(s)/trainer(s) of the Service. Such payments will be made through third-party payment systems used by the organiser(s)/trainer(s) and ASEAN Access LEARN does not assume any responsibility or liability for any technical, financial, security or other issues resulting from the transactions. All questions regarding the payment must be addressed to the organiser(s)/trainer(s) (individual Members of ASEAN Access LEARN).

In case You are dissatisfied with a Service You paid for, which was organised on the Website, the question of refunds and any other disputes will be settled directly between You and the event organiser(s)/trainers(s) (individual Members of ASEAN Access LEARN). 

Updates

Updates to this document will be changed/updated as the Service evolves. Users are advised to take a copy for their own purpose. The Members will communicate updates on the website as and when the updates become effective.

Contact 

Should you have any questions about the Terms and Conditions, please contact us by 

email: learn@aseanaccess.com or write to:

The Office of SMEs Promotion
21 TST Tower, FL.G,17,18,23 Viphavadi-Rangsit Rd.,
Chomphon, Jatujak,
Bangkok 10900,
Thailand

20 September 2023