Terms & Conditions

If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions.

If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use any documentation, whether printed or made available online in any medium, provided by QFS Assurance in relation with the training (“Training Material”).

QFS Assurance and you or your company or its affiliates shall each be referred to as a “Party” and together as the “Parties” as defined in this Agreement.

QFS Assurance reserves the right to review and update these Terms & Conditions periodically at its sole discretion.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING QFS ASSURANCE TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. Services

QFS Assurance provides training courses (“Courses”) as part of its service portfolio.

A description of the Courses together with the dates on which the Courses will begin are available on our website (“Website”). We will provide the Courses with reasonable care and skill in accordance with the description set out on the Website.

Please note that we reserve the right to change the course content of any of the Courses at any time and without notice.

We expect you to confirm that the Courses 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 the Courses.

2. Delivery

QFS Assurance provides training services under the following delivery methods:

a) Classroom: Traditional Instructor-Led Training [ILT] where you are required to attend a location where an instructor delivers the training.

b) e-Learning: You can access and complete the course online at your own pace. A user account is required for you to get access to the Training Material.

c) Virtual: Virtual Instructor-Led Training [VILT] where you attend the course from any location at defined dates and times, using virtual training technology provided by QFS Assurance.

d) Blended: A course that is delivered using a combination of any of the above defined delivery methods, i.e. ILT, e-Learning and/or virtual.

3. Booking

The purchase of our Courses is made via the booking forms available at the QFS Assurance Website. In order to purchase any of our Courses you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.

The purchase of our Courses is subject to the following:

a) the prices set out for the relevant product on our Website; and

b) the purchase of the Courses includes the granting of a non exclusive, non-transferable licence to use the Training Material on the terms of such licence, which are set out in the following clause.

4. Licence

Booking on a QFS Assurance course gives you the right to:

a) Classroom Course: receive, possess and use the Training Material associated with the relevant Course booked, and use the attendance of such Course as a record of information for the term of this licence provided that only the participant of the relevant Course may make such use of them.

b) e-Learning Course: login, use and download when applicable the Training Material provided for self study for the purposes of completing the associated Course online only on one CPU if the Licence is a single-user licence; or if the Licence is a multi-user or network licence, by the number of concurrent users agreed between you and us.

c) Virtual Course: receive, possess and use the Training Material associated with the relevant Course booked, and use the attendance of such Course as a record of information for the term of this licence provided that only the participant of the relevant Course may make such use of them.

d) Blended Courses: have the same rights as may be appropriate with the three categories above.

Except as expressly set out in this Licence you undertake (and you undertake to procure that your employees or any other participant attending a Training Course on your behalf or on your account so undertakes):

a) not to record on video or audio tape, relay by videophone or other means the delivery of any Course;

b) not to copy the Training Material except where such copying is incidental or necessary for the purposes of completing the relevant Course;

c) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Material;

d) not to alter, or modify, the whole or any part of the Training Material, nor permit the Training Material or any part of them to be combined with, or become incorporated into, any other materials;

e) to supervise and control the use of the Training Material and ensure that they are used by your employees and representatives in accordance with the terms of this Licence;

f) to include the copyright notice of QFS Assurance on all entire and partial copies you may make of the Training Material on any medium;

g) not to provide or otherwise make available the Training Material in whole or in part, in any form to any person without prior written consent from QFS Assurance;

5. Liability

No part of the provision of any QFS Assurance Course shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

Although QFS Assurance aims to provide training services to the highest standards of the industry, neither it, nor its trainers accept any liability for:

a) any inaccuracy or misleading information provided in the programmes or Training Material and any reliance by you on any such information; b) any loss or corruption of data;

c) any loss of profit, revenue or goodwill;

d) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

Except to the extent that they are expressly set out in these Terms & Conditions, no conditions, warranties or other terms apply to the Course, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description.

QFS Assurance’s total liability arising from or in connection with these Terms & Conditions and in relation to anything which we may have done or not done in connection with these Terms & Conditions and the delivery of the Course (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the amount of money (“Fees”) received by us in connection with the relevant Course in relation to which a dispute has arisen.

No claim may be brought more than six months after the last date on which the Course concerned have finished or ceased to be provided by us.

6. Intellectual Property

All Intellectual Property Rights in the Training Material and the speeches made by trainers at the Classroom or Virtual Courses are, and remain, the intellectual property of QFS Assurance or its licensors, whether adapted, written for or customised for the Client or not.

7. Confidentiality

Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions.

Each party agrees that all know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such Party by the disclosing Party constitute the confidential property of the Disclosing Party ("Confidential Information").

Any QFS Assurance technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the Courses shall be deemed Confidential Information of QFS Assurance without any marking or further designation.

8. Payment

Payment can only be made using an authorised credit card at the time of the transaction on our Website, or by invoice. Receipts for payment and invoices are provided in electronic format.

We take reasonable measures to ensure that our Website is a secure site. Please see the terms and conditions of use of our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.

Invoices payment terms are 30 days from the date of invoice or at least 10 working days before the start of the course, whichever is sooner.

9. Transfers and Cancellation

Participants may transfer their registration for one Course to another Course up to 30 days prior to the original Course date. Once a participant has transferred no refunds can be made for the cancellation of either course. Only one transfer by any participant may be made.

If you cancel your participation in a Course:

a) all cancellations must be made no later than 30 days before the start of the Course you are booked in;

b) we will only accept cancellations that are made in writing by email or directly at our website where you booked;

c) if you fail to attend a Course, or you cancel within the 30 days prior to the start of such Course, full payment will be required.

No refunds shall be given for the cancellation of e-Learning, Virtual or Blended Courses once you have accessed the Training Material, no matter when cancellation is notified to us or the time you have spent on it.

If we cancel a Course, or change course content:

a) we reserve the right to cancel a Course at any time, without incurring any additional liability. In such circumstances, we will offer alternative dates, a full refund or a credit note.

10. Classroom Course Specifics

a) Travel Arrangements:

If you Book into a Classroom Course which requires you to travel, we strongly encourage you not to make travel and accommodation arrangements until the course has been confirmed. QFS Assurance is not responsible for reimbursing travel and accommodation expenses for Courses that have not been confirmed or have been cancelled.

We will make our best effort to inform you about the confirmation or cancellation status of the Course under a reasonable period of time before the Course start date so you can make the travel and accommodation arrangements required.

b) Dietary Requirements:

Our partner venues provide catering for public courses based on the information provided at registration. It is your responsibility to disclose dietary restrictions and/or allergies during the registration process and QFS Assurance is not responsible for any issues related to catering services while neglected.

11. Online Courses Specifics

a) Internet connectivity

If you book into an e-Learning, Virtual or Blended Course, you agree that the Course is provided via the Internet, which may be subject to periodic interruptions beyond the control of either party. QFS Assurance is not responsible for network connectivity issues on your computer(s). You are responsible for your own access to the Internet and the interruption of this access or any general Internet outage shall not be considered a failure by QFS Assurance to provide the Course.

b) System configuration

QFS Assurance is neither responsible for configuring your computer(s) nor to support the software needed to run the course. QFS Assurance is also not responsible for any impact the software may have on your system.

12. Termination

We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

a) fail to pay when due your Fees;

b) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of QFS Assurance, any instructor who provides the Courses or any participant who attends any Course;

c) cheat or plagiarise any work which you are required to prepare or submit in connection with the Course or during any examination taken in connection with the Course;

d) steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Courses;

e) intentionally or recklessly damage our property or the property of our employees or other participants attending our Courses;

f) are intoxicated through alcohol or illegal drugs while attending our Courses;

g) commit any criminal offence while on our premises or where the victim is our employee or participant in our Course;

h) are in breach of these Terms & Conditions.

On termination clause 4 (liability), 5 (intellectual property) and 6 (confidentiality) shall continue notwithstanding such termination.

QFS Assurance shall not be liable to you for any breach of its obligations or termination under these Terms & Conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a Course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

13. Entire Agreement and Severability

This Agreement is the entire agreement between you and QFS Assurance relating to the Course and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Course or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

QFS Assurance LLC, January 2020