The e-Learning Products are not available for use by individual consumers. You may only order these Products on behalf of a business customer.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING YOUR ORDER.
THE e-LEARNING PRODUCTS ARE EXCLUSIVELY AVAILABLE TO BUSINESS CUSTOMERS, NOT TO INDIVIDUAL CONSUMERS.
ANY PERSON ACCESSING SWIFT.COM (“YOU”) MAY PLACE AN ORDER ON BEHALF OF THE BUSINESS CUSTOMERS YOU ARE AUTHORIZED TO REPRESENT (THE “CUSTOMER”).
BY PLACING THE ORDER, YOU DECLARE THAT THE INFORMATION YOU PROVIDE IS COMPLETE AND ACCURATE, AND THAT YOU HAVE FULL CAPACITY AND AUTHORITY TO ENTER INTO LEGALLY BINDING AGREEMENTS FOR AND ON BEHALF OF THE CUSTOMER.
IMPORTANT NOTE: THIS LICENCE ALLOWS THE CUSTOMER TO MAKE THE PRODUCTS AVAILABLE FOR ACCESS AND USE BY MULTIPLE PERSONS WITHIN ONE SINGLE LOCATION OF THE CUSTOMER (E.G. BY INSTALLATION ON SEVERAL COMPUTERS OR THROUGH AN INTRANET). FOR THE FULL LICENCE TERMS, PLEASE REFER TO ARTICLE 7.
GENERAL
The ordered e-training modules relating to SWIFT’s products and services (the “Products”) are licensed by the Society for Worldwide Interbank Financial Telecommunication SCRL with registered address at 1, Avenue Adèle, 1310 La Hulpe, Belgium (“SWIFT”). For further information about SWIFT’s Training products or in case of problems, please contact SWIFT’s Training Department, see the following page for contact details Worldwide Contacts or via Email: swift.training@swift.com, Tel: + 32 2 655 3111, Fax: + 32 2 655 4048.
The “Customer” refers to the customer identified on the e-training subscription form.
The eTraining subscription form together with these licence terms and conditions and any other document included by reference shall be further referred to as the “Licence Agreement”.
CONTRACTUAL FRAMEWORK
Use of the Products is subject to the present licence agreement (the “Licence”). The ordering of the Products is subject to the terms and conditions applicable to the online ordering process (the “Online Ordering Terms and Conditions” available on swift.com > About SWIFT > Legal > SWIFT contracts).
E-DELIVERY
eTraining modules will be made available for download from swift.com or, at SWIFT’s discretion, on CD-Rom delivered to the shipping address notified by the Customer. Where applicable, the Customer is solely responsible for providing all necessary import documents, permits or authorizations, and for customs clearance and payment of any applicable duties and taxes. Product activation keys are delivered by email.
NO FITNESS FOR PARTICULAR PURPOSE
The information contained in the Products is provided for information and training purposes only. It is subject to changes at any time without requirement of any prior notice. SWIFT expressly disclaims any liability in respect of anything done or omitted to be done wholly or partly in reliance upon the content of the Products. Although SWIFT has used all reasonable endeavours to ensure accuracy of the contents, SWIFT assumes no liability whatsoever for any inadvertent errors or omissions that may appear in the Products. For the avoidance of doubt, nothing in the Products shall constitute an amendment, extension or variation of SWIFT's contractual obligations for the provision of the SWIFT services or products which are the object of the Products.
EQUIPMENT
SWIFT is not responsible for the selection, provision and maintenance of the equipment on which the Products will be used. The Customer is solely responsible to select the equipment which best meets the Customer’s requirements, and to enter into appropriate agreements with any equipment supplier of the Customer’s choice.
COPYRIGHT
The Customer recognizes that any and all rights, including title, ownership rights, copyright and any other intellectual property rights, in the Products will remain the sole and exclusive property of SWIFT and/or its suppliers. Furthermore, the Customer acknowledges that all product, service or company names that are used in connection with the Products are the trademarks or registered trademarks of their respective owners. The Customer shall not modify or remove any copyright or proprietary notices on the Products and shall reproduce such notices in full on any copies of the Products or part thereof.
CONFIDENTIALITY
The Customer agrees to keep the Products and any information obtained in connection with the provision of, or embodied in the Products (“Information”), in whole or in part, in confidence for the benefit of SWIFT and/or any third-party to whom SWIFT owes an obligation of confidence in relation to the Information.
GRANT OF LICENCE
When ordering a Product, the Customer can either subscribe for a Single-site Licence or a Multi-site/Intranet Licence (the “Licence”)
Single-site Licence
Through the Single-Site Licence, SWIFT authorises an unlimited number of staff/employees of the Customer and other individuals/persons for whom the Customer is responsible, located in one single site of the Customer, to access and use the ordered Products.
The term 'site' shall be understood as one single physical location. .
Multi-site/Intranet Licence
Through the Multi-site/Intranet Licence, SWIFT authorises an unlimited number of staff/employees of the Customer or of an Affiliated Entity and other individuals/persons for whom the Customer or an Affiliated Entity is responsible, to access and use the ordered Products, in any location.
The individual users identified in the two above paragraphs are further referred to herein as the “Authorised Users”. For the purposes of this Licence Agreement, “Affiliated Entity” means any entity– directly or indirectly- majority-owning, majority owned by, or under common majority ownership with the Customer .
the Products may not be made available on a computer network, except on an intranet and subject to the limitations under Articles 7.a;
the Products may not be rented, leased, lent or distributed to third parties, nor otherwise made available to the public;
the Licence may not be sub-licensed, assigned or transferred to third parties without SWIFT’s prior consent;
except for the downloads and installations allowed under Article 7.a, the Products may not be copied (except for one copy for archive or back-up purposes);
the Products’ content may not be combined with any other information;
the Products may not be translated, modified, reverse engineered, decompiled or disassembled (except as authorised under Belgian law)
Subject to SWIFT’s acceptance of the e-training subscription form, SWIFT shall grant the Customer a non exclusive license to use the Products subject to the following cumulative conditions:
Use of the Products other than as specified above shall only be permitted with SWIFT's prior written consent.
INFRINGEMENT
If a Product or any part thereof is held to constitute an infringement of any third party’s rights, or if its use is enjoined partly or wholly, SWIFT will, at its discretion and expense, use all reasonable efforts either to obtain the right for the Customer, or as the case may be, its Affiliated Entities, to continue using said Product, or to modify it so that it becomes non-infringing. If, despite all its reasonable efforts, SWIFT is unable to secure either option, SWIFT will have the right to terminate upon notice the License Agreement without any further liability.
WARRANTY
SWIFT warrants for a period of ninety (90) days from the date of delivery that the Products will not be defective under normal conditions of use. In case of defective Products, SWIFT's entire liability and the Customer’s sole and exclusive right and remedy shall be, at SWIFT's option, either the replacement of the defective Products or the refund of the initial fee paid for the Products concerned, in which latter case the License Agreement will automatically terminate without any further liability of SWIFT. The Customer acknowledges and agrees that, if the defect results from an accident, abuse or wrongful use of the Products, SWIFT shall have no obligation to replace or refund. Except as expressly provided for herein and to the extent permitted by Belgian law, the Products are provided "as is" and SWIFT disclaims all other warranties and conditions, either express or implied, including but not limited to implied warranties of merchantability title fitness for a particular purpose.
LIABILITY
The Customer hereby recognizes that the use of the Products and their content shall in no way deny or be regarded as a substitute for usual banking prudence and practice. To the extent permitted by Belgian law, neither SWIFT nor its suppliers shall have any liability to the Customer, its Affiliated Entity, or any other party for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if SWIFT has been advised of the possibility of such damages and even if they are foreseeable. In any event, SWIFT's and its suppliers’ maximum aggregate liability shall not exceed 20.000 Euro.
The Customer shall cause any Affiliated Entity and their Authorised Users to comply with the terms and conditions of this Licence Agreement.
PRICING, INVOICING AND PAYMENT
The Customer shall pay to SWIFT the price for the use of the Products as applicable to it from time to time. Prices at the time of the execution of the subscription form are as specified in the accepted eTraining subscription form.
Prices may change from year to year as notified by SWIFT to the Customer (typically, through an update of the latest available version of the ordering terms and conditions and of the SWIFT Price List available on swift.com > About SWIFT > Legal > SWIFT contracts).
The terms and conditions of invoicing and payment are also as notified by SWIFT to the Customer from time to time (typically, through the SWIFT Price List available on swift.com > About SWIFT > Legal > SWIFT contracts).
TERM AND TERMINATION
The term of this Licence Agreement will depend on the payment modalities selected by the Customer.
Payment by credit card
The Licence will automatically terminate after a period of 12 months following the order date.
Payment by direct debit of the Customer’s SWIFT account
The Licence is granted on a calendar year basis, tacitly renewable for successive one-year periods, unless terminated by written notice served by either party before December 15th of the preceding year. Notwithstanding the foregoing, SWIFT reserves the right to terminate this Licence Agreement if the Customer breaches any of its obligations under this Licence Agreement and such breach either cannot be remedied or has not been remedied within 30 days as of notice thereof.
DATA PRIVACY
The parties’ respective rights and obligations as regards the processing of the Customer’s personal data are set out in the Data Protection Notice included in the online order form and in the Privacy Statement available on swift.com.
PUBLIC ANNOUNCEMENT
The Customer authorizes SWIFT to include the Customer’s name as reference in any customer's list or in any other public announcement. Any use of SWIFT's name and logo or any use of SWIFT’s or its suppliers’ product or service names remains subject to SWIFT’s prior written approval.
GENERAL
The License Agreement supersedes any other agreement or discussions, oral or written, relating to its subject matter. Any invalid, illegal, or unenforceable declared provision shall be severed from the Licence Agreement without affecting the validity of the other provisions. A party’s failure to claim a breach of any provision of the License Agreement shall not constitute a waiver by such party to any of its rights. The Customer may not assign its rights under this License Agreement voluntarily, by operation of law, or otherwise, without SWIFT’s prior written consent.
APPLICABLE LAW
The Licence Agreement is governed by Belgian law and all disputes will be submitted to the exclusive jurisdiction of the Brussels Courts. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. The applicability of articles 7 (paragraph 1, under 8), 8 (paragraph 1), 9 and 10 of the Belgian Act of 11 March 2003 on Certain Legal Aspects of the Information Society Services is expressly excluded.