Please read the following important terms and conditions before you access and submit your order to us and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. Your right to cancel and obtain a refund will be lost if you access the digital content before the expiry of the Cancellation Period.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or visit the Competition and Markets Authority website
The information in this summary box summarises some of your key rights. It is not intended to replace the terms and conditions below, which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- 'we’, ‘us’ or ‘our’ means ICAEW and
- ‘you’ or ‘your’ means the person buying the Content from us.
If you have any questions about this contract or any purchases you have made, please contact us by:
sending an email to academy@icaew.com
Do you need extra help?
If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are The Institute of Chartered Accountants in England and Wales, a company incorporated by Royal Chartered and registered in the United Kingdom under number RC000246, whose registered office is at Chartered Accountants' Hall, Moorgate Place, London, EC2R 6EA (the “ICAEW”).
1. Definitions
| “Content” | all content in any eLearning Course, Online Assessments and Materials, including text, information, data, software, executable code, images, audio, or video material in any medium or form provided by us to you on the Website and Online Platform from time to time, and more particularly set out in the Order Confirmation. |
| "e-Learning Course" |
ICAEW’S on-line digital educational program relating to the Certificate in Sustainability, Certificate in Data Analytics, ISA Learning & Assessment Programme, IFRS Learning and Assessment Programme |
| “Licence Period” |
The period of time for which the e-Learning Courses, Materials and Online Assessment is licensed to you, as set out in the Order Confirmation. |
| “Materials” |
ICAEW’s on-line learning materials relating to the Certificate in Sustainability, Certificate in Data Analytics, ISA Learning & Assessment Programme, IFRS Learning and Assessment Programme |
| “Order” |
Your order for the e-Learning Course |
| “Order Confirmation” | The email sent by the ICAEW in acceptance of your offer to purchase the e-Learning Course in accordance with this Licence, and which contains details of the Content, fee, and Licence Period. |
| 'Online Assessment'' |
An online assessment using a bank of questions relating to the e-Learning Course for Registrants to be assessed for the granting to them of an award by ICAEW; |
| "Online Platform" |
Brightspace |
| ''Trade Marks'' |
means any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans, whether or not registered; |
| ''Website" |
the website designated by ICAEW containing the platform which operates and, where applicable, marks the Online Assessment; |
2. These terms
2.1 These terms apply to any purchases of the eLearning Course (“the Content”) that you make on our Website. This licence agreement (Licence) is a legal agreement between You and Us. Please read these terms carefully before you place any Orders for the eLearning Course on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your Order. We licence use of the Content to you on the basis of this Licence. We do not sell the Content to You. We remain the owners of the Content at all times.
2.2 In consideration of your payment, we hereby grant you a licence to access the Content via the Online Platform throughout the duration of the Licence Period. This licence is, limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these terms. All rights not expressly granted in these terms are hereby reserved and this licence does not confer on you any rights to use the Content for any other purpose outside the limited provisions of the Licence.
2.3 For the purposes of these terms, you are a ‘consumer’ if you are buying Content from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying Content from our site for purposes relating to your trade, business, craft, or profession. If you are buying Content on our site in the course of business, our business terms and conditions apply to such purchases, which can be accessed here https://www.icaew.com/icaew-policies/sustainability-certificate
2.4 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to ICAEW, and any reference to ‘you’ or ‘your’ is to the person placing an Order on our site.
2.5 You must be at least 18 years old and a resident of the UK to place an Order on our site.
2.6 We may make changes to these terms at any time. However, the terms which apply to your Order will be those in force at the time you submitted your Order to us.
2.7 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
2.8 Your use of our site is governed by our Website Terms of Use https://www.icaew.com/icaew-policies/website-accessibility
3. Orders
3.1 Please check your order carefully and correct any errors before you submit it to us. If you think that there is a mistake or require any changes, please contact us to discuss.
3.2 Your order is an offer to buy Content from us on these terms. Confirmation that your order has been successfully submitted does not mean that your order has been accepted by us.
3.3 Acceptance of your order by us takes place when we send you an Order Confirmation email, at which point a legally binding contract is formed between you and us on these terms.
3.4 If we do not accept your Order, for example because we have been unable to take payment, the Content is unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the Content, we will email you using the details you provided when you placed your Order and provide you with a refund if payment has already been taken. We have the right to reject any Order for any reason.
3.5 We shall supply the Materials and deliver the e-Learning Course to you via the Online Platform.
4. Availability
4.1 We cannot guarantee that any Content will be available at any given time, or that access to the Content will be uninterrupted, error free or secure. For example, access to Content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
4.2 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain Content. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund if payment has already been taken.
5. Making changes to your order
6. Descriptions and technical requirements
6.1 Descriptions of our Content are set out on our Website. Please read the descriptions carefully. https://www.icaew.com/icaew-policies/privacy-notices
6.2 To access and use the Content, your device needs to comply with the minimum technical requirements set out here https://community.d2l.com/brightspace/kb/articles/5663-browser-support. Please read these carefully as you are responsible for making sure that your device meets these requirements.
6.3 You will need internet access to access the Content and you are responsible for any charges you may incur in connection with your access. The streaming resolution and quality of the Content will depend on the type of device you are using, your resolution settings and the speed of your internet connection.
6.4 We are not liable to you if you are unable to access or use the Content due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
7. Permission to use the Content
7.1 We give you a licence to access and use the Content during the Licence Period provided you follow all of the rules in these terms. The licence starts when you access the Content.
7.2 The licence is for your personal and domestic use only. You must not use the Content for commercial, business or resale purposes.
7.3 You do not own the Content or any of its contents but you may use it as set out in these terms. You are not allowed to pretend that the Content is your own or make it available to others to access, stream or use.
7.4 Your use of the Materials and the Online Assessment is restricted to you (“the Registrant”) who has been supplied with the log in details by us.
7.5 We may require you to cease all use of any of the Content if we reasonably believe that your use of the Content infringes the Intellectual Property Rights of any third party, or breaches any applicable law or regulation. In this instance, we may, at our option either:
7.5.1 provide you with alternative Content so as to avoid the infringement (but provide you with substantially the same features/functionality/specification); or
7.5.2 terminate this Licence immediately on written notice in respect of the affected Content.
7.6 You must not conceal, change or remove any markings which show who own the Content, such as copyright (©), registered trademark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the Content in a way that you are not allowed to. All trademarks, service marks and trade names in Content are the marks of the respective owners and any unauthorised use is prohibited.
7.7 All rights, title and interest in intellectual property rights relating to the Content including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by us and our licensors. While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same.
7.8 Nothing that you see or read in the Content may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
7.9 If you do not comply with any term in this clause 7, we have the right to end our contract with you immediately by sending an email to the address you provided when you placed your order.
7.10 If we end our contract with you in accordance with clause 7.9:
7.10.1 you will not be entitled to a refund OR we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach of this clause 7;
7.10.2 you must immediately stop using the Content;
7.10.3 we may remotely block your access to the Content;
7.10.4 you must delete or remove the Content from any devices; and
7.10.5 we may delete or suspend access to your account.
8. Geographical restrictions
9. Prices
9.1 Prices for our Content are set out on our Website. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
9.2 Prices for our Content may change at any time. Except as set out in clause 9.3 below, such changes will not affect existing Orders.
9.3 If there has been an error on the site regarding the pricing of any of our Content and this affects your Order, we will try to contact you using the contact details you provided when you placed your Order. We will give you the option to re-confirm your Order at the correct price or to cancel your Order and get a full refund. If we are unable to contact you, we will treat the Order as cancelled and notify you by email.
10. Payment
10.1 We accept the following credit cards and debit cards; Visa, Mastercard and Alipay All credit card and debit card payments need to be authorised by the relevant card issuer. All payments are processed via WorldPay (ICAEW’s card payment processor).
10.2 We will take payment from your card when you place your Order.
11. How to access your Content
11.1 The Content you purchase can be accessed by clicking on the access link in your Order confirmation email. The receipt of Content and/or access to the Online Platform is personal to you, and you may not transfer your rights to access the Content and/or Online Platform and/or the Content to any other person. Please note that, if you are a consumer, you lose your right to cancel your Order once you start to access the Content. See clause 12 below for more information on your cancellation rights.
11.2 If you do not own the device you use to access the Content, you must obtain permission from the owner to access the Content onto their device.
11.3 There is no limit on how many times you can access the Content. The Content will be available to access for 12 months from the date of your Order confirmation email.
12. Consumer cancellation rights
This clause 12 only applies to you if you are a consumer.
12.1 You have 14 days from the date of your Order confirmation email to change your mind and cancel your Order. However, you lose your right to cancel once you start to download the Content and will not be entitled to a refund in such circumstances unless the Content is faulty.
12.2 To cancel your Order, please email us at academy@icaew.com . To help us process your cancellation more quickly, please have your Order number ready or include it in the email you send to us.
12.3 We will provide you with a full refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel.
12.4 We will issue your refund to the same payment method you used when you placed your Order.
13. Faulty Content
13.1 The Content that we provide to you must be as described, fit for purpose and of satisfactory quality.
13.2 If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience to you, you can get some, or all, of your money back.
13.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 12 above. For more detailed information on your rights, go to the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
13.4 If there is a problem with your Content, please contact us as soon as reasonably possible.
14. Events beyond our control
15. Our liability
15.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
15.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
15.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
16. Your information
17. No third party rights
18. Complaints
19. Governing law and jurisdiction
20. General terms
20.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
20.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
20.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.