Terms and Conditions
Terms and conditions for www.cimaglobal.com/cimasphere (the Website)
The Website is provided by the Chartered Institute of Management Accountants (we, us or our) of 26 Chapter Street, London, SW1P 4NP, United Kingdom. We are an institute which has been granted the Royal Charter. This recognises us as being among the top professional bodies in the UK, and allows us to qualify people as members. As a Chartered Body, we are responsible for observing UK government standards. We are regulated by our Royal Charter, Byelaws and Regulations (http://www.cimaglobal.com/charterandbyelaws).
Your use of the Website is subject to the following terms and conditions (Terms), which you are deemed to accept by using the Website. If you do not agree to these Terms, you must not use the Website.
1.1 Disclaimer regarding content
We do not supply legal, investment, professional or career advice. Nothing in the Website or documents available through it or through any of our other websites or mail lists constitutes legal, investment, career or other professional advice. You should not rely on any information contained in the Website or in any of our other websites or mail lists as if it were legal, investment, career or other professional advice. The documents provided on the Website are for general guidance only and do not contain definitive advice. We cannot and do not guarantee or warrant that any of the information that you may receive through the Website, our other websites, links to third party websites or mail lists is accurate, up to date or complete.
2.1 The software that runs the Website is owned by us and/or our licensors. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile that software without our consent.
2.2 By accessing the Website, you agree that you will access its contents solely for your own private non-commercial use. You may download, view, store and print off the whole or any part of the Website (other than any restricted information) solely for your own private non-commercial use in accordance with these Terms. You may not use the Website or any material contained herein for any other purpose. Where you download, store or print off any of the contents of the Website, you must ensure that our copyright notice appears thereon.
2.3 Except as expressly permitted by applicable law and by clause 2.2 (above), you may not copy (except to the extent required in order to use the Website in accordance with these Terms, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website or systematically extract material from the Website or any document available through it or in any other way exploit commercially all or any part of the Website or any document available through it without our prior written permission.
2.4 Unauthorised access to or use of the Website or the CIMA Online Services available through the Website is prohibited. Unauthorised access to, or misuse of, a computer constitutes an offence under the Computer Misuse Act 1990. You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any computer system, server, router or any other internet-connected device associated with the Website.
2.5 Subject to clause 4.2, the copyright and all other intellectual property rights in all of the content and material of whatever form contained in the Website (including, but not limited to, the organisation, layout, information, photographs and graphical images) is owned by us and/or our licensors. In particular the word “CIMA” and associated logos are our registered trade marks and may not be reproduced or used without our express prior written permission.
2.6 We reserve the right, in our discretion, to withdraw, suspend or modify the Website or certain features or parts of the Website with or without notice to you, where we have reason to do so. There may also be times when the Website or certain features or parts of the Website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Website or any service available on or through the Website.
2.7 We reserve the right to vary or amend these Terms from time to time without prior notice. Any changes will take effect upon posting to the Website. If you do not agree to any change to these Terms, you must immediately stop using the Website.
2.8 It is our policy to virus check documents and files before they are posted on the Website. However, we cannot guarantee that documents or files downloaded from the Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using the Website. You must not post or provide to us via the Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via the Website.
3. Your warranties
3.1 You warrant that:
3.1.1 you will only use the Website in accordance with these Terms and only for lawful purposes and in a lawful manner;
3.1.2 all emails, comments, discussion posts, blogs, news postings, information, document, file or any other material that you intend to post to the Website or provide to us via the Website (Contributions) does not contravene any applicable local, national or international laws or regulations or contravene any person's legal rights, is not offensive or defamatory, is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to that information, document or file;
3.1.3 you will not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) via the Website;
3.1.4 you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
3.1.5 you will not collect information about users, including email addresses, without their prior written consent.
4.1 You are solely responsible for your Contributions and you shall ensure that your Contributions do not:
4.1.1 contain any material which is defamatory of any person;
4.1.2 contain any material which is obscene, offensive, hateful or inflammatory;
4.1.3 promote sexually explicit material;
4.1.4 promote violence;
4.1.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.1.6 infringe any copyright, database right or trade mark of any other person;
4.1.7 be likely to deceive any person;
4.1.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.1.9 promote any illegal activity;
4.1.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
4.1.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
4.1.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
4.1.13 give the impression that they emanate from us, if this is not the case; or
4.1.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4.2 You retain the ownership rights in your Contributions and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the Contributions, in any media known now or in the future. In addition, you waive all moral rights you have in the Contributions to the fullest extent permitted by law. You represent and warrant that you are entitled to grant such a license to us.
4.3 You agree to indemnify us for any cost, expenses, damages or liabilities we incur due to your use of the Website or otherwise relating to any of your Contributions. We reserve the right to remove or edit any Contributions as we see fit, without warning and without being required to provide reasons, and/or to make such information available to regulatory bodies or law enforcement authorities. Our decision on this shall be final. Further, we reserve the right to suspend or terminate, or bar access to, all or part of the Website.
4.4 We shall not be liable to you for any loss you may incur as a result of us taking any of the actions described in clause 4.3 nor for the actions or inactions of other users, including anything contained in your or any third party’s Contributions.
5. Online Privacy
6. Accuracy of information
Whilst we try to ensure all information on the Website is correct, up-to-date and complete, such information is provided for information purposes only and you should not rely on it. Accordingly, we make no warranty as to the accuracy of any information or Contributions on the Website and do not accept any responsibility for any errors or omissions, or for any damage or loss you may suffer.
7.2 Any links to such third-party websites are for your convenience and the inclusion of the link in our Website does not imply any endorsement, guarantee, warranty or representation by us of the quality or accuracy of the information, products or services provided to you on those third-party websites.
7.3 All electronic links to the Website require our prior written consent. Please email requests to firstname.lastname@example.org.
8. Restricted access
8.1 Access to parts of the Website is restricted to authorised persons. If you believe you have been granted access to any document or file by mistake, please leave the restricted section immediately and contact us by email at email@example.com as soon as possible. Please also contact us by email at firstname.lastname@example.org if we have notified you that you are permitted to access a restricted part of any of the Website but are unable to obtain access to it.
8.2 You may be required to enter a user name and password to enter restricted areas of the Website. If you are free to choose your own user name (a User Name), the User Name you choose must not violate any applicable law, third-party rights or these Terms. In respect of your User Name you must, in particular not use:
8.2.1 the name of another person or entity;
8.2.2 a name that infringes any third party’s copyright, trademark or other intellectual property rights; or
8.2.3 a name that could provoke or offend other members such as vulgar or insulting user names.
8.3 You must not allow any other person to use your password. If you believe someone else knows your password you must change it immediately and contact us by email at email@example.com as soon as possible.
8.4 We reserve the right to remove you from the authorised list of users for any restricted area of the Website at any time.
8.5 Parts of the Website incorporate encryption technology but even if there is encryption technology in place we cannot guarantee that unauthorised people will not be able to access confidential information hosted on or downloaded from the Website.
8.6 The documents and files hosted on the restricted sections of the Website are confidential. You must not distribute the documents and files hosted in these areas except to persons authorised to read them. If you believe that you may have been granted access to a document or file by mistake you must not download it, copy it, use it for any purpose or disclose its contents to any other person.
8.7 If you access the Website from a shared PC, during your access to the Website you will be responsible for all instructions received by us between the time you pass the security procedure until you exit the Website. This includes any input errors or instructions sent by someone other than you whilst you are still logged onto the Website.
8.8 Email communication is not secure and there is no guarantee that an email will be delivered within a reasonable time, or at all. We advise you to contact us by post or telephone with any information that must reach us by certain deadlines.
CLAUSES 9 – 12 APPLY, IN ADDITION TO THE OTHER TERMS AND CONDITIONS, IF YOU ARE MAKING PAYMENTS ONLINE THROUGH THE WEBSITE.
9. Payment and creation of contract
9.1 All payments made by you through the Website are subject to the terms and conditions in clause 9 to 11 inclusive, except for examinations, which are subject to our examination rules and regulations, which are available for your review at http://www1.cimaglobal.com/cps/rde/xchg/SID-0AE7C4D1-D5A7596B/live/root.xsl/1355.htm.
9.2 We must receive payment of the whole price for the subscription, services or materials (together or individually "Services") you wish to receive before your order can be accepted.
9.3 You may place an order to purchase the Services on the Website by following the onscreen prompts after clicking on the Service in which you are interested. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Finish, Send or Confirm” button on the last page.
9.4 Once we receive your payment we will confirm our acceptance of your order by sending an email to the email address you provide in your order form (Acceptance Notice). Our email to you shall include the details and price currently available for the Services in question. If these details and/or price differ from those shown on the Website at the time you submitted your order and you wish to cancel your order and (payment) you may do so in accordance with clause 11 below.
9.4 If the details and price in our Acceptance Notice correspond to those shown on the Website at the time at which you submitted your order, then a legally binding contract between us (Contract) will arise upon your receipt of the Acceptance Notice.
9.5 If the details and price in our Acceptance Notice do not correspond to those shown on the Website at the time at which you submitted your order you must tell us if you do not wish to proceed with your order. A Contract will arise between us if we have not received any notice to cancel your order within seven days of our Acceptance Notice, in accordance with clause 11 below.
10.1 The price payable for the Services that you order is as set out on the Website as the same may be amended from time to time.
11. Your right of cancellation
11.1 Subject to clause 11.3 below, you may cancel your order at any time within seven working days following:
11.1.1 your receipt of the Acceptance Notice in accordance with clauses 9.4 and 9.5; or (if later)
11.1.2 a legally binding contract being made between us.
If you wish to exercise your right to cancel please inform us in writing of your intention to cancel within this time frame (email to firstname.lastname@example.org is acceptable, please include ‘Right To Cancel’ in the subject line).
11.2 Once we have been notified by you in accordance with clause 11.1, the sum debited by us from your debit or credit card for the order in question will be re-credited to your account as soon as possible and in any event within 30 days of your order being cancelled provided that, where any materials have been received by you in accordance with the relevant order, you have returned them and they have been received by us in the same condition as when they were provided to you.
11.3 You agree that in so far as the Services ordered comprise events and training we will commence performance upon the training/ event cut-off date. You may not cancel your order after the relevant training/event cut-off date. This means that you will have fewer than seven days to cancel the order in circumstances in which you make your order within seven days of the training/ event cut-off date.
12. Availability of events or training you order
We reserve for ourselves the right to cancel any of the training or events, and any payments made by you will be refunded to your account. We will notify you of such cancellation and refund by email as soon as reasonably possible. The refund to your account will take place as soon as possible and in any event within 30 days of the date of cancellation of the training or event.
13. Limitation of liability
13.1 We shall not be liable to you for any communication sent by email which is either received late or not received at all.
13.2 We shall not be liable to you for any loss arising out of the inaccuracy or incompleteness of information, including any of your or any third party’s Contributions, contained on the Website or in the Services.
13.3 The Websites and/or Services are provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Website or Services including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, fitness for purpose, that any information is up to date or correct, or any implied warranty arising from course of dealing or usage or trade.
13.4 Whilst we will endeavour to maintain the availability of the Website, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs. If you are aware of any error on the Website please contact us by email at email@example.com and we will endeavour to correct it.
13.5 We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
13.6 We shall not be liable for any special, indirect or consequential damages (including loss of business, profits, anticipated savings, opportunity, reputation or goodwill) however caused.
13.7 Our aggregate liability to you in any 12 month period, whether arising from negligence, breach of contract or otherwise, shall not exceed the amount paid by you for the Services in the 12 months prior to the liability arising.
13.8 Nothing in these Terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
14. Entire agreement clause
14.1 These Terms, together with any Contract and the documents referred to in them contain the whole agreement (Agreement) between the parties and supersedes any previous agreements between the parties relating to the subject matter of the Agreement.
14.2 Each party acknowledges that in agreeing to enter into the Agreement it has not relied on any representation, warranty or other assurance except those set out in the Agreement.
14.3 Each party waives all rights and remedies which, but for this clause 14, might otherwise be available to it in respect of any such representation, warranty or other assurance.
15. Force majeure
Neither party shall be liable to the other for any delay or non-performance of its obligations under the Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following:
(a) act of God, governmental act, war, fire, flood, explosion, civil commotion, armed hostilities, act of terrorism, revolution;
(b) blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute to the extent to which those things do not involve employees of the party claiming relief,
(c) adverse weather or disease;
(d) act or intervention of a competent judicial or regulatory authority;
(e) any event (including, without limitation, any act or omission of any third party) beyond its reasonable control which could not reasonably be planned for or avoided. Subject to the party so delaying promptly notifying the other party in writing of the reason for the delay and the likely duration of the delay, the performance of the delaying party's obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists.
16.1 You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Agreement by you or other liabilities arising out of your use of the Website and/or Services.
16.2 You may access the Website and use the Services from anywhere in the world; however, the Agreement, including without limitation clause 16.9 of these Terms, shall apply regardless of how and from where you access the Website or place orders for the Services.
16.3 You must be legally capable of entering into a binding contract to use the Website and/or the Services offered by us.
16.4 If any part of the Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
(a) the legality, validity or enforceability in that jurisdiction of any other part of the Agreement; or
(b) the legality, validity or enforceability in other jurisdictions of that or any other part of the Agreement.
16.5 A person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
16.6 The rights of each party under the Agreement:
(a) may be exercised as often as necessary;
(b) are cumulative and not exclusive of rights or remedies provided by law; and
(c) may be waived only in writing and specifically.
Delay in exercising or non-exercise of any such right is not a waiver of that right.
16.7 Nothing in the Agreement shall be deemed to constitute a partnership between us and you, nor constitute either party the agent of the other party for any purpose.
16.8 We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
16.9 You and we agree that the Agreement shall be governed by the laws of England and Wales. Any dispute arising between you and us in relation to the Websites and/or Services shall be governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the Courts of England and Wales for the purposes of any such dispute.