General Conditions of Use of the “HS Browse & Check” Mobile Application
These General Conditions of Use (hereinafter “GCU”) aim to define the terms and conditions of use of the “HS Browse & Check” mobile application (hereinafter “the Application”), created by the WCO.
By downloading, installing and using the Application, the user (hereinafter “the User”) expressly and unreservedly accepts the following GCU.
The Application is an initiative by:
Publications & Data Solutions
World Customs Organization
30 Rue du Marché, 1210 Brussels, Belgium
Customs Co-operation Council No. BCE 0261.549.414
Email: publications@wcoomd.org
(hereinafter “the WCO”)
- Scope of the Application
These GCU apply to any visit to or use of the Application and its information by the User.
By visiting or using the Application, the User acknowledges having read these GCU and expressly accepts the rights and obligations set out herein.
Exceptionally, the provisions of the GCU may be waived by written agreement. Such derogations may consist of the modification, addition or deletion of clauses to which they relate and shall have no effect on the application of the other provisions of the GCU.
The WCO reserves the right to modify the GCU at any time, without prior notice, but undertakes to apply the provisions that were in force at the time the User used the Application.
- Application
a. Access and navigation
The WCO takes all reasonable and necessary measures to ensure the proper functioning, security and accessibility of the Application. However, the WCO cannot guarantee absolute operability, and the actions must therefore be considered to be covered by an obligation of means.
Any use of the Application is always at the User’s own risk. The WCO shall not be held liable for any damage resulting from malfunctions, interruptions, defects or harmful elements in the Application.
The WCO reserves the right to restrict access to or interrupt the operation of the Application at any time, without prior notice.
While the WCO strives to provide round-the-clock accessibility to the Application, permanent availability is not guaranteed. The WCO reserves the right temporarily to suspend access to the Application for maintenance or any other technical reason.
b. Content
The Publications & Data Solutions Service of the WCO is responsible for determining the content of the mobile Application and ensures its accuracy to the best of its abilities. However, the WCO cannot provide an absolute guarantee of the quality, completeness, accuracy or timeliness of the information in the Application. Therefore, the WCO cannot be held liable for any direct or indirect damage suffered by the User as a result of the information provided in the Application.
The WCO reserves the right to modify, add or delete the Application and its content at any time, without incurring any liability.
Any downloads from the Application shall be conducted at the User’s own risk. The WCO cannot be held responsible for any direct or indirect damage resulting from such downloads, including loss of data or damage to the User’s computer system, which are the sole responsibility of the User.
c. Registration
Access to the content of the Application requires User registration and subscription to the content of the Harmonized System.
The registration form is available online on the WCO Trade Tools web platform (www.wcotradetools.org) and Bookshop (www.wcoomdpublications.org), where these GCU are also accessible.
By registering, Users agree to provide accurate, truthful and up-to-date information about themselves. Users shall regularly verify and update their data to ensure accuracy. In the event of difficulties, the WCO Publications Service is available to assist Users with their data modifications.
Users shall provide a valid email address to receive registration confirmation for Application services. Each email address may be used only once for registration purposes, and only one registration per natural person is permitted. Users are allocated an identifier to access the Application, www.wcotradetools.org and www.wcoomdpublications.org, as well as a reserved personal area.
The User ID is permanent, but the password may be changed by the User online on the Application login page. Users must keep their password confidential and not share it with third parties.
The WCO reserves the right to refuse registration for Application services if the User fails to comply with the GCU.
d. Unsubscribe
Registered Users may request to unsubscribe by contacting the WCO Publications Service at publications@wcoomd.org. Unsubscribing from the Application will result in the User’s deregistration from the WCO Trade Tools (www.wcotradetools.org) and Bookshop (www.wcoomdpublications.org) platforms. The deregistration will take effect as soon as possible following receipt of the email request.
- Intellectual property
The structure of the Application along with the texts, graphics, images, photographs, sounds, videos, databases, computer applications and other elements accessible via the Application are the property of the publisher and are protected under intellectual property law.
The WCO holds all intellectual property rights and other rights to the Application’s content, irrespective of its being provided free of charge. All texts, comments, titles, photographs, sounds, images, data, drawings and animated sequences, whether or not accompanied by sound, video and illustrations reproduced in the Application, including the WCO logo, as well as its design, are protected by current legislation on intellectual property rights.
Users are granted a limited right to access, use and display the Application and its content. This right is non-exclusive, non-transferable and strictly for personal and non-commercial purposes. Users are not authorized to modify, reproduce, translate, distribute, sell or communicate the protected elements to the public, in whole or in part, without prior written consent.
Users are prohibited from entering data into the Application that may modify or affect its content or appearance.
The reproduction, copying, sale or exploitation of the elements mentioned in the Application, for any purpose, without prior written authorization from the WCO, may constitute an infringement and is strictly prohibited. The user therefore undertakes not to engage in such acts.
- Protection of personal data
The WCO shall protect the User’s personal data in accordance with the GDPR Personal Data Protection Policy (World Customs Organization (wcoomd.org)). By using the Application, the User acknowledges and accepts that the WCO processes data relating to the User and the use of the Application solely for the purpose of providing the service. For any questions or concerns, Users may contact the Data Protection Officer directly at dpo@wcoomd.org.
- Responsibility
The WCO and its respective officers, employees and agents shall not be held liable for any loss or damage that the User may suffer as a result of using the Application.
The User agrees to indemnify the WCO and its respective officers, employees and agents against any loss, cost, damage or expense arising from or in connection with the use of the Application.
- General provisions
The WCO reserves the right to modify, extend, delete, limit or interrupt the Application and associated services at any time, without prior notice and without incurring any liability.
In the event of a breach of the GCU by the User, the WCO reserves the right to take appropriate sanctions and remedial action, including denying the User temporary or permanent access to the Application. Such measures may be taken without citing any reason or giving prior notice. The WCO shall not be held liable for these measures or be obligated to provide any form of compensation.
If any provision of the GCU is deemed illegal or partially invalid, it will not affect the validity and application of the remaining provisions. In such cases, the WCO has the right to replace the provision with another valid provision of similar scope.
- Privileges and immunities
References to national legislation in these GCU shall not be construed as a waiver by the WCO of its privileges and immunities or those of its officials.
- Applicable law and settlement of disputes
The rights and obligations of the WCO and the User are governed, in the first instance, by these GCU and, subsidiarily, by Belgian law. As an international organization with jurisdictional privileges, any dispute between the WCO and the User will be settled in accordance with the procedure outlined in Part I of Decision No. 331 of the Customs Co-operation Council (which can be consulted at: https://www.wcoomd.org/-/media/wco/public/global/pdf/about-us/wco-standard-terms-and-conditions/part-i_decision-331_en.PDF?db=web). The User declares to have carefully read and unreservedly accepted this procedure.
In exceptional cases where the User is a WCO Member, any disputes shall be settled amicably by both Parties.