Terms and conditions applying to your registration as a student, and enrolment to the module you have selected of the online ICAEW Certificate in Finance Accounting and Business (CFAB) course.
Please read all of the following terms carefully before accepting them and submitting your payment.
1. Acceptance of terms
What are these terms for? These terms apply to your registration as a student, and enrolment to the module you have selected of the online ICAEW Certificate in Finance Accounting and Business (CFAB) course (“the Online Course”), and using the related websites, online virtual learning environment VLE (“VLE”), online learning and examination materials, online tuition and taking ICAEW CFAB exams. The ICAEW CFAB Course has been created and is managed by ICAEW. The third party tuition provider notified to you at the time you register (for example, BPP or Kaplan) (“Tuition Provider”), runs the Online Course, and is responsible for providing the VLE, learning and examination materials, and online tuition to you.
Contract. By ticking the box to indicate that you accept these terms and by clicking ‘pay’:
1.2 you promise that you will not copy, share, or disclose any of the content or learning, examination or other materials which are available on the VLE (or that we or the Tuition Provider otherwise provide to you) (“Materials”), to anybody else. If you do so, we are entitled to (without notice) suspend or terminate your rights of access to the course, materials, and/or the VLE, and/or take legal action against you.
1.3 you promise that you have not given any false, incorrect or misleading information in your online application, and that you will update us as soon as your circumstances or information change.
1.4 you understand that you may have to travel at your own cost to attend exams to complete each Module check if there is a test centre near you.
1.5 you are an individual student. You must not make any application, nor access or use the VLE or any Materials as, or on behalf of, an organisation or business.
1.6 You must not reside in an OFAC embargoed country whilst accessing the Online Course or attempt to access the Online Course from an OFAC embargoed country, or from an IP address associated with an OFAC embargoed country.
1.7 You must not make payments to ICAEW, regardless of where you are, from an OFAC embargoed country financial institution.
1.8 Your Tuition Provider shall have the right to immediately revoke your access to the Online Course if it determines in its sole discretion that you have violated any of the conditions herein.
2. Information about us and contacting us
If you have any questions about the Online Course, VLE or Materials, you should contact your designated tutor contact (who will be notified to you by your Tuition Provider once you have been enrolled), or by contacting the Tuition Provider (using the details set out in the email confirming your enrolment). If you have any questions about these terms, or if you have not received an email to confirm your enrolment on the relevant Online Course module, you can contact us by telephoning our Student Support team at 01908248040 or by emailing us at email@example.com. Our full name is Institute of Chartered Accountants in England and Wales, and our address is Chartered Accountants' Hall, Moorgate Place, London, England EC2R 6EA.
3. Registration, application and enrolment process
3.1 Registering for an online ICAEW account: In order to purchase a CFAB Online Course Module through our website you must first register for an online ICAEW student account with us on our website. The registration process on our website will guide you through the steps you need to take to create an online account. If you already have an online account, you should log onto your account using the user name and password provided to you when you registered.
3.2 Modules and enrolment process: You may apply to enrol onto a new CFAB module ("Module") at the same time as you first register for an online ICAEW account, or at a later date by logging into your online ICAEW account. You will only need to register once. The enrolment process on our website will guide you through the steps you need to take to enrol onto the Module and for access to the VLE and the Materials relevant to the Module. You should check and amend any errors before submitting your application to us. Please take the time to read and check your application at each stage of the application process. You will need to make a new, separate application for enrolment (and make the relevant payment) for each Module. You must successfully complete all Modules of the Online Course in order to pass the ICAEW CFAB.
3.3 How we will accept your application: You will receive an initial email acknowledging your application, however, our acceptance of your application for enrolment onto the Module will only take place when we or the Tuition Provider emails you to confirm enrolment (and, if you are registering for the first time, sends you a student number, log-on details, and link to the VLE) (“Acceptance Notification”), at which point the contract between us will become binding.
3.4 If we or the Tuition Provider cannot accept your application: If we or they are unable to accept your application for any reason, we will inform you of this either by telephone, email, or letter and will not charge you. This might be because there was a problem in processing your payment or details, there is an unexpected problem with the website or the Tuition Provider is experiencing issues, we or they have reached the limit for new applicants for the Online Course or Module, or we have identified an error in (or been unable to verify or authorise) your information or credentials.
3.6 Changes to the VLE or Materials: We or the Tuition Provider may change the VLE or Materials:
3.6.1 to reflect changes in relevant laws and regulatory requirements, industry practice, and/or any changes to the Modules or Online Course; and/or
3.6.2 to implement minor technical adjustments and improvements (these changes should not adversely affect the Module or your use of the Materials).
4. Learning materials, tuition and exams
4.1 The Tuition Provider will provide you with the applicable online classes, tuition and other online learning support (all being “Tuition”) and online Materials for the Module, for the purpose of preparing you for the exams for the Module.
4.2 Details of the Tuition and online Materials will be available on the VLE. Some of the tuition or online Materials, or the tutor allocated to you, may not always be available on the VLE, or the Tuition Provider may not otherwise be able to provide them to you for a certain period of time, usually for circumstances which are not within our or the Tuition Provider’s control (for example, sickness or other unavailability of the tutor, or any technical problems with the VLE). If that happens, we or the Tuition Provider will let you know as soon as possible, either through the VLE or by email, phone, or letter, and the Tuition Provider will try to make the online Materials, tuition or tutor (or replacement tutor), as applicable, available at a future date.
4.3 For all Online Course Modules your Tuition Provider may cancel at any time up to 14 days prior to the commencement of such Online Course.
4.4 Where a pass assurance scheme applies to the Online Course you have purchased, you must contact ICAEW to arrange your relevant extended access.
4.5 Enrolling onto Exams: ICAEW will email you a voucher code for the exam for the Module (which will only be valid for 3 months) (“Exam Notice”). You must enrol onto the exam using this voucher code and the instructions provided in the Exam Notice within three months of receiving the Exam Notice, and select a date for taking your exam at the appropriate test centre (notified to you by ICAEW). You must inform ICAEW as soon as possible if you do not receive the voucher code and instructions within two weeks of the Acceptance Notification confirming your enrolment. Your failure to enrol onto an exam in accordance with the instructions in the Exam Notice, or to attend the test centre and submit the exam entry by the closing date and time, will result in you needing to pay additional fees for the examination, and to take the exam at a later date specified by ICAEW.
4.6 Passing tests and resits. We will notify you (by email, letter or on your ICAEW account), if you pass or fail an exam. You are expected to achieve the pass mark (as specified in advance of starting the tuition by ICAEW) in all exams. You will only be allowed one attempt of each exam for the relevant Module. If you do not pass the exam within one attempt, you will need to take the Module again and pay the relevant fee for doing so.
4.7 You agree to: (a) use every effort to achieve the standards of study specified in this contract; (b) use every effort to achieve success in all assessments; (c) update your details and tuition records within your ICAEW account regularly; (d) make a proper contribution to our work/tuition; and (e) behave in an appropriate manner, and not do anything which could cause harm or offence to the Tutors, students and others when you are receiving the tuition, using the Materials or VLE, or taking exams.
5.1 Subject to clause 6.1 you have the right to cancel this agreement within 14 days of your agreeing to be bound by its Terms (“Cooling Off Period”). To cancel this agreement, you must notify ICAEW in writing to its registered office of your wish to cancel the agreement within the Cooling Off Period.
5.2 If you exercise your right to cancel in accordance with clause 5.1 above after having accessed the Online Course during the Cooling Off Period, you are liable to pay ICAEW reasonable costs for the supply.
6. Pricing and payment
The price for the Module you have selected is as indicated when you apply for the Module. Your payment is taken by a third party payment processing provider when you make the application. You acknowledge that your successful enrolment onto the Module is dependent on us receiving your payment (as well as verifying who you are) as part of your application process.
7. Use of the VLE and materials
7.1 Right to use the VLE and Materials: During the Term of this contract, which shall begin on the date on which you are granted access to the CFAB course purchased and terminate on expiration of access, we give you the right to use the VLE and Materials for your own personal use, but only to the extent you require to study for the Module you have selected. You will make sure that you keep the Materials (and your login details) secure, and you will not share them or use them for any commercial or non-personal use. You will make sure to use the VLE and Materials legally and appropriately, and not in any way which could cause offence.
7.2 Copyright and other rights: You acknowledge that the VLE and all of the Material is protected by ICAEW and the Tuition Provider’s copyright, trademarks, and other intellectual property rights, and that copying the VLE or any Materials, or disclosing them to anybody else, is against the law. You may not reproduce, modify, publish, transmit, transfer or sell, create derivative works from, distribute, reverse engineer, decompile, perform, display, or in any way exploit the Materials or VLE (or any of our intellectual property in them), in whole or in part. Nothing in the contract shall have the effect of transferring ownership to you of any copyright, trade marks, or any other intellectual property rights in the VLE or Content.
7.3 In certain circumstances, such as for security reasons, to fix issues, or where we believe your or our rights or a third party’s rights or property could be affected, ICAEW or the Tuition Provider may need to suspend the VLE or your access to it. We will try to notify you in advance of such suspension, where appropriate, and try to have the VLE running again as soon as practicable. We or the Tuition Provider may suspend your access to the VLE where it is reasonably believed you have not complied with any term of this contract.
7.4 Third party charges and computer specification: You acknowledge that you are responsible for all fees charged by your internet service provider and other device, network and software providers, for using the internet and any computer and browser required to access the Materials and VLE online. You will need to make sure that the computer or other device you use to access and use the VLE and Materials meets minimum specifications required for accessing and using the VLE and Materials.
7.5 Availability of Materials and VLE: During the term of this contract, the Tuition Provider will use its reasonable endeavours to make available to you the Materials and the VLE (except during scheduled or emergency maintenance of the VLE or Materials, or other repairs, updates or improvements to them or the network). However, we and the Tuition Provider cannot guarantee that your access or use of the VLE or Materials will be uninterrupted, error-free, or timely. Unless otherwise stated in the Acceptance Notice, you will only have access to the Materials for six months from your enrollment onto the Module.
7.6 Faults and other unavailability. You acknowledge that the Materials and/or VLE will also not be available if: any necessary third party networks, telecommunications links, or the internet are unavailable, your network's software or firewalls (or any government or public body) prevent their access or use, or where there has been a security breach requiring us to suspend the VLE or provision of any Materials. Please report any faults or any unavailability to the Tuition Provider as soon as possible, and they will use reasonable endeavors to respond to you (and if in their control and reasonably possible) provide a solution to you in a reasonable time.
8. Annual (or other term) updates
8.1 Certain Online Courses will periodically be superseded by new legislation or the issue of new regulations. If new legislation or regulations supersedes existing Online Courses, these may be available for purchase as new Online Courses. For the avoidance of doubt, purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
9. Technical support and access
9.1 Your Tuition Provider will be responsible for providing technical and content support to individuals who have purchased an Online Course in respect of the Module (and the VLE, where applicable), in accordance with the provisions referred to below.
9.2 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the relevant Online Course website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
9.3 You also accept and acknowledge that neither ICAEW nor your Tuition Provider can be held responsible for any delay or disruptions to your access to the Online Course (and the VLE) as a result of such suspension or any of the following:
a) the operation of the internet and the World Wide Web, including but not limited to viruses;
b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course (or my.bpp.com, where applicable);
c) failures of telecommunications links and equipment; or updated browser issues
10. Ending the contract
10.1 This contract will terminate:
10.1.1 if ended by you as set out in section 9.2;
10.1.2 if ended by us as set out in sections 9.3, 9.4, or 9.5;
10.1.3 if both you and we agree to terminate it; or
10.1.4 if, in the first four weeks of this contract, either you or we (for any reason) send a letter or email giving not less than seven days’ notice of termination; or
10.1.5 if we, on giving four weeks’ notice to you by letter or email, terminate it because the tutor believes you lack the capability to progress in the Module: for example, because of your poor study performance or poor performance in assessments where you fail to achieve the standards specified in this contract or that are required by the ICAEW CFAB.
10.2 Your rights to terminate: If you believe we have done something wrong, or the Module or Materials are not as you expected, please let us know (using the contact details at section 2), and we will try to resolve your issue as quickly as possible. You may end this contract: (a) within 14 calendar days of receiving the Acceptance Notice; or (b) at any other time where you have a legal right to end the contract because we have done something wrong, in each case by notifying us in writing or by email using the contact details set out in section 2. In such cases, we will refund you the relevant part of the price you paid for any part of the Module we have not delivered to you.
10.3 Your illegal or offensive behaviour: We take any offensive or illegal behaviour very seriously, and we may immediately cancel or terminate this contract (and/or your access to the VLE, tuition, Module, exams and/or Materials), and notify the relevant authorities if you engage in any offensive or illegal behaviour when communicating with us, the Tuition Provider or other students, or otherwise when using our website, the VLE, the Materials or tuition, or when taking exams. This contract will also automatically terminate if an order is made under ICAEW’s disciplinary by-laws that you are declared unfit to continue as a student (or become a member).
10.4 Our termination for non-payment or failure to receive information: We may end the contract at any time by writing a letter or emailing you: (a) if we do not receive any payment from you when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or (b) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to sign you up to the Module or to provide access to the VLE or Material.
10.5 Changing the Tuition Provider: If for any reason we need to change the Tuition Provider, we will let you know as soon as possible in advance, and we will use reasonable endeavours to help to transfer you to a new Tuition Provider. You acknowledge that we may need to delay or suspend the provision of Materials or the VLE or exams (or we may, acting reasonably, need to change them or the VLE used to access them) during this time, and if this happens, we will try to rearrange your access to appropriate materials and exams at a later date (and by an alternative method where we require). If we are unable, having used reasonable endeavours, to find a suitable replacement Tuition Provider after four or more weeks, we will be able to end this contract, and we will refund you the relevant part of the price you paid for any part of the Module we have not delivered to you.
10.6 You must compensate us if you break the contract: If we end the contract in the situations set out in section 10.4 or 10.5, and we will refund any money you have paid in advance for Materials or tuition for the Module that we have not provided, but we may deduct or charge reasonable compensation for the net costs we will incur or will have incurred as a result of your breaking the contract.
10.7 On termination of expiry of this contract, however it happens, you will: return all Materials to us, and immediately stop using the VLE, Materials and tuition.
11.1 We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We or the Tuition Provider do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Materials or VLE.
11.3 We and the Tuition Provider are not responsible for any data you lose as a result of accessing or using the VLE, tuition or Materials. You must make sure that you regularly back up and save all of your data that you use in respect of the VLE tuition and/or Materials.
11.4 The Materials and VLE are for your own personal, private, educational use only and we (nor the tuition provider) will not have any liability for any sharing of the Materials, or for any access to or use of the Materials other than for personal, educational purposes (including for any commercial, business or re-sale purpose).
12. Data protection
We will conform with Data Protection Laws which means any applicable law relating to the processing, privacy and use of Personal Data, as applicable to either party including, prior to 25 May 2018, the UK Data Protection Act 1998; and from 25 May 2018 onwards Regulation (EU) 2016/679 (the General Data Protection Regulation or GDPR), as amended by the UK Data Protection Bill. www.icaew.com/dataprotection
13. Events outside our control
13.1 We and the Tuition Provider will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by an event outside our control (which includes, for example only, strikes, industrial action, civil commotion, riot, invasion, terrorist attack or threat, war or threat for war, fire, explosion, storm, flood, earthquake, subsidence, natural disaster, epidemic, natural disaster, failure of telecommunications, utilities, or transport networks).
13.2 If an event outside our control takes place that affects our performance of the contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the contract will be suspended (and the time for performance of our obligations will be extended) for the duration of the event outside our control. Where the event outside our control affects our ability to provide tuition or Material to you, we will arrange a new date for them to be provided to you after the event outside our control is over.
13.3 You may terminate the contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us using the contact details set out in section 2.
14.1 Nobody else has any rights under the contract: The contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 If a court finds part of the contract illegal, the rest will continue in force: Each of the clauses in these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.3 Even if we delay in enforcing the contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Module(s), we can still require you to make the payment at a later date.
14.4 Which laws apply to the contract and where you may bring legal proceedings: The terms of the contract are governed by English law. This means this contract and any dispute or claim arising out of or in connection with it will be governed by English law. You may bring proceedings in any country in which you are a resident.