Terms & Conditions
Last updated on: [01/05/2021]
NOTE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE PLATFORM. ACCESSING ANY PART OF THE PLATFORM, EITHER AS A VISITOR OR A REGISTERED USER, INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE DO NOT ACCESS OUR PLATFORM.
- Welcome to CFTE
1.1. We are Centre for Finance, Technology and Entrepreneurship Ltd, a company incorporated under the laws of England and Wales, with registered office at 11 Blackheath Village, London SE3 9LA, the United Kingdom, registered with the United Kingdom Companies House under the number 10695038, with the VAT number 276 8566 45 (together with its affiliates, hereinafter referred to as “CFTE”).
1.2. We are an online education platform and an exclusive professional network at the intersection of finance and technology whose mission is helping individuals and corporates create the digital world of financial services. Through our platform of online courses and our community, we provide the knowledge, skills, and relationships needed to successfully navigate the rapidly changing world of finance.
1.3. [THINK domain], including any subdomains thereof (“Website”), or any applications, functionalities, content, materials, or other online services or products provided by CFTE (collectively (including the Website), the “Platform”), are owned by CFTE. Welcome to our Platform.
- Acceptance of Terms
2.2. The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Platform, the latter terms and conditions shall take precedence with respect to your access to or use of that area or feature, unless specified otherwise in those terms and conditions.
- Modification of Terms or of the Platform
3.1. We reserve the right, at our sole discretion, to change or modify all or part of these Terms at any time. If we do this, we will post the changes on this page and indicate at the top of this page the date these Terms were last revised and, depending on the nature of the change, notify you, either through the Platform’s user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective within 14 (fourteen) days after they are posted, except that changes addressing new functions of the Platform or changes made for legal reasons will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms. In addition, when using certain parts of the Platform, you may be subject to any additional terms applicable to such parts of the Platform that may be posted on that part of the Platform from time to time.
3.2. CFTE may at any time, without notice or liability, change, suspend or eliminate any content or feature of the Platform or any portion thereof, or restrict the use or access of any portion of the Platform. Your only right with respect to any dissatisfaction with any service-related change, suspension, restriction, or elimination is to cease use of the Platform. We will not be liable if for any reason all or any part of the Platform is unavailable at any time for any reason.
- Acceptable Use
4.1. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Platform. CFTE reserves the right to investigate and take appropriate legal action against anyone who, in CFTE’s sole discretion, violates this provision, including without limitation, removing the offending content from the Platform, suspending or terminating your account and reporting you to the law enforcement authorities.
4.2. You agree to not use the Platform to:
- any purpose other than those defined by CFTE for the Platform;
- give or provide others access to the Platform;
- manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Platform, other than permitted use of Downloadable Content or temporary storage of video materials for offline viewing;
- reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Platform other than with regard to Downloadable Content, subject to the limited permissions set forth in these Terms;
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any person; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of CFTE, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose CFTE or its users to any harm or liability of any type;
- interfere with or disrupt the Platform or servers or networks connected to the Platform, or does not comply with any requirements, procedures, policies or regulations of networks connected to the Platform;
- violate any applicable local, state, national or international law, or any regulations;
- violate or attempt to violate the Platform’s security mechanisms, attempt to gain unauthorized access to the Platform or assist others to do so, or otherwise breach the security of the Platform or corrupt the Platform in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 16;
- post, transmit or submit any personally identifiable information of anyone under legal age or information sufficient to locate such a child;
- harvest or collect email addresses or other contact information of other users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
4.4. We have no obligation to review any transmissions, communications, content or materials provided by any user or third party before they happen or are posted on the Platform, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or omission regarding transmissions, communications, content or materials provided by any user or third party, and we have no liability or responsibility to anyone for performance or non-performance of the activities described in this Clause 4. Notwithstanding that, we are entitled to and reserve the right to:
- monitor your use of the Platform;
- remove or refuse to post any content or materials provided by any user or third party for any or no reason in our sole discretion;
- take any action with respect to any transmissions, communications, content or materials provided by any user or third party that we deem necessary or appropriate in our sole discretion, including if we believe that such transmissions, communications, content or materials provided by any user or third party violate these Terms, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Platform or the public, or could create risk or liability for CFTE;
- disclose your identity or other information about you to any third party who claims that content or materials posted by you violate their rights, including their intellectual property rights or their right to privacy;
- take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorized use of the Platform; and
- terminate, restrict or suspend your access to all or part of the Platform for any violation of these Terms.
4.5. By submitting content via the Platform, you agree to grant us an unconditional, irrevocable, non-exclusive, ongoing, transferable, and royalty-free licence to use, store, reproduce, display, publish, commercially exploit, or distribute such content.
4.6. Content submitted by you within certain areas of the Platform (e.g. publicly available channels, blog posts, community forums, etc.) will be considered non-confidential and non-proprietary.
4.7. CFTE will fully cooperate with any law enforcement authorities or court order requesting or directing CFTE to disclose the identity of anyone violating these Terms.
- Access to the Platform
5.1.1. By accepting these Terms, you represent and warrant that you meet the following requirements:
- You are of legal age and have the legal capacity and authority to enter into legally binding contracts to access and use the Platform (otherwise, you must be duly represented by a person who complies with the aforementioned requirements);
- You comply with any applicable laws in your local jurisdiction, and you are not accessing the Platform from jurisdictions where its content or function may be illegal or is otherwise prohibited. You acknowledge that you are aware of the rules of your jurisdiction and will not use the Platform if such use is prohibited or otherwise violates the laws of your state, province, country, or other jurisdiction, and that you are solely responsible for determining compliance with all applicable local laws in your jurisdiction;
- You are not located in a country that is subject to an EU, US or UN embargo, or that has been designated by the EU, the US or the UN as a “terrorist supporting” country;
- You are not listed on any list of prohibited, sanctioned or restricted persons;
- You accept that we may make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, strong authentication or a user’s track record; and
5.1.2. We reserve the right to request proof of fulfilment of any or all the requirements mentioned in Clause 5.1.1 and to conduct further verification checks as to your identity, including age. User verification on the internet is difficult and we do not assume any responsibility for the confirmation of any member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as required and permitted by applicable laws, we may, at our discretion, (i) ask users to provide a form of official identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users, (ii) screen users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a user, obtain reports from public records of criminal convictions or an equivalent version of background checks in your local jurisdiction (if available).
5.1.3. If we determine that you do not meet the eligibility requirements, in addition to any rights that we may have pursuant to the law, we reserve the right to terminate your account, or restrict your access to the Platform.
5.2.1. In order to access the Platform, you must register for an account and such an account may have to be verified before you can use all features of the Platform. By registering as a user of the Platform, you agree to provide true, accurate, up-to-date and complete information about yourself as prompted and maintain and promptly update that information to keep it true, accurate, up-to-date and complete. If you provide any information that is false, inaccurate, not up-to-date or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, not up-to-date or incomplete, we may deny you access to areas requiring registration, or terminate your account, at our sole discretion.
5.2.2. At the time of registration, you must provide, among other information, your true first name, your true last name, your true nationality and a valid email address and define a password to be used in conjunction with your account. You may not use false names or names that promote a commercial venture or that are offensive. You are responsible for ensuring the safeness and security of your password and maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You agree to (a) keep your password confidential and not share it with anyone else, (b) immediately notify us of any unauthorized use of your password or account or any other breach of data or security, and (c) use only your own password to access the Platform. We shall not be liable for any loss or damage arising from your failure to comply with this Clause.
5.2.3. You agree that the sole and specific purpose of creating an account with us is to access the Platform. We shall be entitled to suspend, restrict or terminate your account if we determine that you are accessing and using your account without the intention of actually accessing the Platform, but rather for other purposes.
5.2.4. You may not transfer your account to any other person, and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account, or where you have acted negligently in safeguarding your account as set forth above, you agree that you are fully responsible for the acts and omissions of such person accessing the Platform via your account, controlling the person’s access to and use of the Platform, and the consequences of any use or misuse by such person.
5.3.1. CFTE’s subscription plan you purchase, register for, order, or renew includes the features set forth on the Website (each, a “Plan”). Before completing the purchase, order or renew of the Plan you selected, you must check the exact characteristics of the Plan as described on the Website at that time, including, without limitation, features, price, payment options/plan, term, and applicable taxes (if any). You must also confirm that the Plan you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of our Plans. A legally binding agreement between us and you shall come into existence when we have (a) received payment from you in accordance with these Terms, and (b) accepted your offer to subscribe the relevant Plan from us by sending you an email confirming the purchase and the technical availability of the Plan purchased.
5.3.2. CFTE grants you, and you alone, access to the Platform for the subscription term length set forth at the time of redemption or purchase during online checkout (“Initial Term”) in strict accordance with these Terms. If you purchase a monthly plan, your Initial Term is one month from the date of purchase, whereas the purchase of an annual plan results in a one-year Initial Term. Any renewal of the Initial Term (or of a Renewal Term), whether such renewal occurs by way of your automatic renewal or online checkout, or otherwise, shall be deemed a “Renewal Term”, and together with the Initial Term, the “Term”, as applicable.
5.3.3. Unless you terminate your Plan pursuant to these Terms prior to that, you understand and agree that at the end of each applicable Term we will automatically renew your Plan (including all subscriptions on your Plan at that time) for a period equal to the Initial Term and process your payment method or invoice for payment for the Renewal Term up to [30 (thirty) days] prior to your renewal date at the then applicable price for your Plan.
5.3.4. Access to the Platform is expressly conditioned on timely payment of the then applicable fee for the Plan in the amount and on the billing frequency set forth during online checkout. Your use of and access to the Platform is expressly conditioned upon timely payment of the applicable fee(s) associated with your Plan and governed by these Terms. We reserve the right to increase or decrease any fee at any time; however, to the extent you have paid your fee(s) in advance, the increase or decrease will not become effective for your subscription Plan or service until the end of your current Term. If you file a chargeback disputing charges made to your payment instrument by CFTE and the chargeback is granted, your account will be deactivated.
5.3.5. To the extent the Platform or any portion thereof is made available to you for any fee, you will be required to select a payment plan and provide CFTE information regarding your payment instrument. You represent and warrant to CFTE that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay CFTE the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms. You hereby authorize CFTE and our authorised third-party payment processor to process payment using your payment instrument (including as it may be updated) in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until there is no outstanding amount due, and you further agree to pay any charges so incurred. When you provide or add any form of payment instrument to your account, your bank may reserve the funds necessary or place a small authorization hold until the transaction processes or the authorization hold expires, but this is not the actual charge. The authorization will be removed from your account according to the policies of your bank; and as such, to remove an authorization, please contact your bank to clarify how long they hold authorizations for online orders.
5.3.6. If we are unable to charge your payment instrument or renew your Plan based on inaccurate or outdated payment information, we may suspend your access to the Platform until payment is received. In the event we suspend your Plan because of non-payment and reinstate access to the Platform after you have made payment, no additional time will be added to the then-applicable Term.
5.3.7. Any fees charged by your payment instrument provider in connection with your purchase of a Plan are for your own account and CFTE shall not be responsible for these. In the event that you have selected the instalment payment option (if applicable), you may choose to pay the purchased Plan in instalments under the terms and conditions shown on the screen once this option has been selected by you.
5.3.8. Unless otherwise specified at the time you purchase the Plan you have selected, the fees are exclusive of VAT or other local or similar taxes. VAT or other local or similar taxes will be shown at check out. Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other CFTE-provided geographic-specific pricing. We do not support all payment methods, currencies, or locations for payment.
5.3.9. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
5.4. Free Trial
5.4.1. Your subscription may begin with a free trial. The length of your free trial will be set out during online checkout. We reserve the right, in our absolute discretion, to determine your eligibility for a free trial, including creating multiple free trial accounts, and to withdraw or to modify your free trial at any time without prior notice and without liability. As a free trial user, you acknowledge and agree that your use and access to the Platform is subject to these Terms. You may cancel your free trial at any time.
5.4.2. You agree to provide your payment instrument during online checkout before beginning your free trial. We will not process your payment instrument for payment of the fee regarding the Plan you have selected during your free trial though you may see an authorization on your payment instrument. On the last day of your free trial, we will convert your free trial into a paid Plan and process your payment instrument for the applicable fee on the billing frequency chosen during online checkout. From that date onwards, the automatic renewal provisions set forth in Clause 5.3.3 will also apply. By providing your payment instrument in conjunction with registration for a free trial, you agree to these charges and billing practices. If you do not wish to be charged, you must cancel before the end of your free trial. Upon cancellation of your free trial, your access to the Platform will terminate immediately.
- Intellectual Property
6.1. All content shown on the Platform, including without limitation source code, video, text, software, photos, graphics, images, designs, drawings, music, sound, logos, icons, buttons, trade names, trademarks or any other signs, are protected by intellectual property rights, publicity rights, or confidential information undertakings, and are owned by CFTE, or third parties with whom CFTE has reached an agreement for its exploitation (“Proprietary Content”).
6.2. You agree not to modify, publish, make available, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Content. Proprietary Content may only be accessed through the Platform, and not by or from any other website or means. The right of access to the Platform does not grant to you any right to download or store any Proprietary Content in any medium, other than (i) that downloadable content that may be provided in connection with your Plan for certain training courses, including exercise files, course slides, and sample code, (ii) files that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by these Terms and the end user license agreement below (collectively, the “Downloadable Content”).
6.3. Under no circumstances will it be understood that access, browsing and use of the Platform by you implies a waiver, transmission, transfer, license or total or partial assignment of intellectual property rights over the Platform, the Proprietary Content and the Downloadable Content to you or any other person by CFTE. In consideration of the fees paid by you, we grant to you a limited, revocable, non-sublicensable, non-transferable, strictly for private purposes, and non-exclusive license solely to view and access the Platform and the Downloadable Content in accordance with your Plan. All intellectual property rights in the Platform, the Proprietary Content and the Downloadable Content are, and remain, the intellectual property of CFTE.
6.4. Any reference to registered trademarks or trade names, or other distinctive signs, whether owned by CFTE or third parties imply a prohibition on their use without the consent of CFTE or their legitimate owners. Under no circumstances, unless expressly stated to the contrary, does access, browse, or use of the Platform confer on you any right to the distinctive signs included in it.
6.5. You may submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post via the Platform (e.g., students forum). By submitting any such materials, you hereby grant a non-exclusive, royalty-free, worldwide, perpetual right and license to CFTE and its affiliates to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from such submissions in any format, including without limitation coding or watermarking such submissions, on the Platform and in related promotional materials provided in any medium, forum or format, for any purpose of CFTE or its affiliates in their sole discretion. You also agree that immediately upon the creation by or on behalf of CFTE of any derivative works from, modifications, edits or other changes to the submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of CFTE and that we will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by CFTE in its sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest you have or may be deemed to have in and to the Modified Content to CFTE.
6.6. To the extent that you submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post via the Platform (e.g., students forum), you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such content, (b) such content is accurate and reasonably complete, (c) as between you and CFTE, you are responsible for the payment of third-party fees, if any, related to the provision and use of such content, (d) such content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, (e) you are responsible for any content you upload or provide to the Platform and for complying with applicable laws relating thereto, including export control regulations, and (f) you agree to comply with all applicable rules regarding online conduct and acceptable content we may post on the Platform from time to time.
6.7. You authorize CFTE to publish, republish, disseminate, reproduce, distribute, communicate to the public, include in any type of presentation, brochure, website, etc., the testimonials made by you on any social network or by other means, either spontaneously or upon request by CFTE. You expressly authorize CFTE, on a non-exclusive basis, free of any payment, for everyone and without any time limit, to use such comments and/or testimonials for any purpose (including commercial), including any photograph, image, text and/or video that forms part of them, including in your profile, as well as the intellectual property and/or image rights related to you and your comments and/or testimonials.
- Third-Party Links
7.1. Links to third-party websites
Our Website and/or Platform may provide links out to websites or other online resources under the control of third parties. Any such links are provided solely for your convenience. We have no control over the contents of these third-party resources. We are not responsible for the contents of any linked websites and do not endorse them in any way.
7.2. Links from third-party websites
You can link to our Website, so long as you do so fairly and without suggesting any affiliation, endorsement, approval, or association with CFTE if there is none. We reserve the right to withdraw permission to link to our Website at any time.
- Cancellation and Termination
8.1. Your Plan may be cancelled at any time via your user account settings page, or by emailing us through firstname.lastname@example.org. If you cancel your Plan by any method, your plan will remain active to the end of your then-current term to the extent your fees are paid and these Terms will continue in effect and will govern your subscription until its expiration or earlier termination as set forth in Clause 8.3. If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your Plan. Your obligation to pay fees continues through the end of the Term during which you cancel your Plan.
8.2. All portions of the fees paid, whether paid monthly or annually, are completely non-refundable. If you have already accessed or started to use the Platform within the first 14 days as from the date you have received CFTE’s email confirming your subscription, you waive your right to cancel your order pursuant to the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Exceptions for extenuating circumstances may be considered, at CFTE’s sole discretion, by emailing email@example.com; however, we are in no way required to refund you any portion of the fees paid. In the event that you request deletion of your account, no portion of your fee will be refunded, regardless of the time remaining in your subscription.
8.3. Without prejudice to other situations set out in another Clauses of these Terms, we shall be entitled to terminate these Terms and cease to provide you with access to the Platform with immediate effect in the event that you:
- fail to pay your Plan when due;
- use unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable language, content or behaviour towards any member of CFTE’s staff, any instructor or any other user of the Platform;
- cheat or plagiarise any work which you are required to prepare or submit or during any examination taken in the Platform;
- steal or act in fraudulent or deceitful manner towards us or our staff, instructors or any other users of the Platform;
- commit any criminal offence towards CFTE, member of CFTE’s staff, any instructor or any user of the Platform;
- infringe the intellectual property rights of CFTE or of any third-party;
- breach or act inconsistently with these Terms or the Agreement.
8.4. CFTE may in its sole discretion and at any time discontinue providing the Platform and/or the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of these Terms may be effected without prior notice, and acknowledge and agree that CFTE may immediately deactivate or delete your account and all related information and files in your account and/or restrict any further access to such files or the Platform. Further, you agree that CFTE will not be liable to you or any third party for any termination of your access to the Platform.
8.5. If pursuant to these Terms your access to or use of the Platform has been limited or your account has been suspended or deleted or the Agreement has been terminated by us, you may not register a new account or access and use the Platform through the account of another user.
8.6. In addition to Clause 8.2, you have the right to terminate your Agreement with us if we breach any material obligation undertaken by use under these Terms.
8.7. On termination, Clauses 4 (Acceptable Use), 6 (Intellectual Property), 9 (Liability), 10 (Data Protection), 13 (Miscellaneous), and 14 (Applicable Law and Jurisdiction) shall continue notwithstanding such termination.
- Liability and Indemnification
9.1. The courses and other content available on the Platform have been prepared solely for informational and educational purposes and are not an offer to buy or sell or a solicitation of an offer to buy or sell any security, financial product, financial service or investment. The opinions expressed in such courses and content do not constitute investment advice and independent advice should be sought where appropriate.
9.2. We do not accept any liability for any loss or damage which is incurred from you acting or not acting as a result of viewing the courses or other content available on the Platform. You acknowledge that you use such courses and content at your own risk.
9.3. Although CFTE aims to provide access to the Platform to high standards in the industry, neither CFTE, nor its employees and contractors accept any liability for (i) any inaccuracy or misleading information provided in the courses or content available on the Platform and any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss or damages. You acknowledge that the information provided via the Platform may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the extent permitted by law.
9.4. We work hard to keep the Platform secure. We accept no responsibility whatsoever for viruses, malware or other malicious or damaging software on your devices. Please ensure that your own computer and mobile devices security is comprehensive and up to date.
9.6. We are not responsible for outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Platform. We may, temporarily and under consideration of the users’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. We may improve, enhance, and modify the Platform and introduce new features or eliminate some of the existing ones from time to time.
9.7. We shall not be liable for any loss, damage, delay or failure of performance resulting from any cause which is beyond our reasonable control, including, but not limited to, acts of God, any act or failure of any governmental authority, earthquakes, fires, floods, wars, civil or military disturbances, acts of terrorism, sabotage, strikes, epidemics, pandemics, riots, power failures, computer failure and any such circumstances beyond our reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service, accidents, labour disputes, acts of civil or military authority, governmental actions, or inability to obtain labour, material, equipment or transportation.
9.8. We reserve the right to make changes, corrections, and/or improvements to the Platform at any time without notice, including, but not limited, to correct bugs, defects, errors or any other technical or security aspects or to revert situations of fraud. You accept and consent that we perform such changes, corrections and improvements, and agree to cooperate with us for that purpose if needed.
9.9. Except to the extent that they are expressly set out in these Terms, no conditions, warranties or other terms shall apply to the making of the Platform available by us. Subject to Clause 9.11, no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
9.10. Subject to Clause 9.11, CFTE’s total liability arising from or in connection with these Terms and in relation to anything which we may have done or not done in connection with these Terms and the making of the Platform available (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the fees actually received by us from you during the 12 (twelve) month period immediately preceding the event which gave rise to such liability.
9.11. Nothing in these Terms shall exclude or limit CFTE’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
9.12. If we make available to you any policies, rules, instructions or manuals via the Platform, then you should comply with them carefully. We will not be liable to you for any damage that is caused due to your failure to follow such policies, rules, instructions or manuals.
9.13. No claim may be brought by you or any other person or entity more than 6 (six) months after the last date on which you ceased to pay your Plan or to have access to the Platform.
9.14. You shall indemnify CFTE and its officers, directors, or employees from and against any damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, that are sustained or suffered by any of them as a result of any breach by you of these Terms, any information you post to the Platform, any use by you of the Platform’s material, content, services, or products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
- Data Protection
Your personal data will be located in data centres in the United Kingdom. For customers in the European Economic Area (“EEA”), data transfer under these Terms either directly or via onward transfer, to any country not recognized by the European Commission under an adequacy decision (as defined under the General Data Protection Regulation), is necessary for the performance of this Agreement.
- Customer Service
We welcome your questions and suggestions.
We will reply to any queries, suggestions, concerns, or reports in the shortest time possible, but the time of answer will always depend on the issue and the number of requests we are getting from time to time.
In case you, for any reason, including concerns, problems or disputes using the Platform or any of the courses available in the Platform, need to get in contact with us, please use the following e-mail address: firstname.lastname@example.org.
- Disputes between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Platform and CFTE will have no liability or responsibility with respect thereto. However, CFTE reserves the right, but has no obligation, to become involved in any way, at CFTE’s sole discretion, with disputes between you and any other user of the Platform.
13.1. Notices by Email: Any notice required to be given under this Agreement shall be in writing and shall be delivered to the other Party by email or through the channels available for that purpose in the Platform. Any notice shall be deemed to have been received when the email or message (if through the Platform) is capable of being retrieved from the receiving Party’s information system. You may contact us by writing to us at email@example.com.
13.2. Assignment: These Terms, and any rights and licenses granted hereunder, may be transferred, or assigned by you only with CFTE’s prior written consent, but may be assigned by CFTE without restriction and without notice to you.
13.3. Independent Parties: Nothing in this Agreement shall be construed to create an employment or agency relationship, partnership or joint venture between the Parties, and you shall not hold itself out as such. You are an independent contractor and shall not have any express or implied right or authority to assume or create any obligations on behalf of, or in the name of, CFTE.
13.4. Entire Agreement: These Terms are the entire agreement between us and you regarding the subject of this Agreement, and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.
13.5. Severability: In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed and shall not cause the invalidity or unenforceability of the remainder of these Terms.
13.6. Waivers: A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy or prevent or restrict the further exercise of that or any other right or remedy.
13.7. Translations: To assist users who speak different languages, the content of the Platform may be translated, in whole or in part, into other languages. We cannot guarantee the accuracy or quality of such translations and you are responsible for reviewing and verifying the accuracy of such translations. The English version of these Terms and of any other rules or content found in the Platform shall prevail over any translations available in the Platform.
13.8. End Users: If you are a company, you may provide access to individuals within your organisation strictly in accordance with the terms set out in any order forms agreed between us from time to time. You will ensure your end users comply with these terms and will be responsible for acts and omissions of end users as if they were acts and omissions of you.
13.9. Third-Party Rights: A person who is not a party to this letter has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this Agreement.
- Applicable Law and Jurisdiction
These Terms, the Agreement and all non-contractual obligations arising from or connected with them shall be governed by, and shall be construed in accordance with, English law and, without prejudice to Clause 11, shall be subject to the jurisdiction of the English Courts.