Standard Terms of the Course
THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FITCH REGARDING YOUR ENROLLMENT IN OUR COURSE (AS DEFINED BELOW). BY ENROLLING IN ONE OF OUR COURSES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS. THE TERMS WILL CONTINUE TO APPLY THROUGH COURSE INSTRUCTION.
IMPORTANT: Please note, that if you as a consumer agree to these terms all consumer protection clauses hereinafter come into effect.
1. Introduction: Fitch Learning Ltd (company number 03928976) of 30 North Colonnade, London, E14 5GN, (“Fitch,” “us,” or “we”) are the providers of interactive online training courses, instructors, and related materials for the Certificate in Quantitative Finance (“CQF”) (“Course(s)”) at CQF.com (the “Site”).
2. Application and Enrollment: You are required to apply in order to participate in the Course by either completing an application form online or a paper application. Applications, regardless of the means submitted, must contain your correct name and contact details and any other requested information. Registration is subject to acceptance or refusal by us in our sole discretion. By enrolling you warrant and represent that the information you submit is accurate and that you can form binding contracts under Austrian law, if you are a resident of Austria. Once your application has been received it will be reviewed by a member of our staff. Once a decision has been made, you will be notified of the admissions decision. If you are accepted into a Course, you will be provided with an enrolment form. Once the enrollment form is completed it should be submitted to us. Fees for Courses may be paid via enrollment form online or via telephone.
3. Limitations: You understand that we will make every effort to provide information that is accurate and timely, but cannot guarantee accuracy and timeliness of Course information. You also understand you have selected this Course with a full understanding of its limitations and that professional standards and qualifications may change following your enrollment and completion of the Course. This agreement limits our liability in the event that you enroll and then you or your property suffers any harm because the Course failed to meet your expectations. No part of the Course shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice. You acknowledge that you have not relied on any representation or warranty made by us, express or implied. While Fitch will make every effort to deliver the Course as stipulated in the brochure or by a representative, Fitch reserves the right to change or cancel the published Course dates due to unforeseen circumstances. Our only liability for cancellation of a particular Course date will be limited to a transfer to the next appropriate date or a refund of the Course fee.
In the event that Fitch is unable to provide you with your requested Course, alternative Course times may be offered. You must complete the Course within three (3) years of beginning instruction (defined as the date on which the Course you are enrolled in begins). You may request up to two extensions during the course of the full program (one extension per level). These extensions may only be used for modular exams and only one extension may be taken per exam. Extensions must be requested beforehand and are typically for a period up to two weeks; however the exact deadline will be confirmed by Fitch at its sole request. Where Fitch does agree to any extension request under no circumstances shall that extend or defer the payment terms of any payment plan contract entered into between you and Fitch to facilitate payment for the Course. If you require more than the extensions allocated, they will be automatically deferred. If you fail to hand in an exam by the given deadline without requesting an extension, then you will be automatically deferred to the next program. If an extension request is made after the deadline, then it will be subject to faculty review and will only be granted to you if extenuating circumstances are determined by us to exist. Evidence of these circumstances may be requested. If the extension is not granted, then you will be deferred to the next program. If you have an extension and fail to submit your exam by the extension deadline, then you will be automatically deferred to the next program. It is a requirement that in the case of deferring you complete a deferrals form.
4. Limited License: Conditioned on your continued compliance with these Terms and your purchase of the Course, these Terms provide you with a revocable, limited, nonexclusive, nontransferable license to use the Course. We will provide you with certain course materials free of charge. Where we do this, you may retain possession of them regardless of whether or not you comply with your obligations regarding the course fee. Any rights granted hereby may not be used commercially, sublicensed, leased, sold, transferred, or assigned by you to any third party. You may not make any copy of, or allow access to, any Course materials or lectures, or any component of either other than as expressly permitted in these Terms.
If you transmit materials of any kind and in any way to us you automatically grant us a free, perpetual, irrevocable, transferable and non-exclusive right to use and exploit the transmitted materials. We are entitled to reproduce, modify, publish, make available, distribute, broadcast, perform and publicly perform these contents and to process them, in particular to incorporate them into other works of any kind, irrespective of the form, media and technology used and to use these processes to the same extent.
5. Fees and Charges: We have agreed with you that you will pay for the course in twelve monthly installments and that all of these will be payable within a period of twelve months beginning on the date of your enrolment form (according to point (b) hereinafter) or by one-time payment (according to point (a) hereinafter). You will pay by. Except where specifically stated otherwise on the Site, all fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to register for your exam with the relevant professional body or examination. IF PAYMENT IS NOT MADE PURSUANT TO TERMS IDENTIFIED AT THE TIME OF ENROLLMENT IN THE COURSE, THEN FITCH RESERVES THE RIGHT TO WITHHOLD ACCESS TO THE COURSE OR SITE.
(a) Payment: Unless you have elected to enroll in an installment payment plan, full fees are due a month in advance of the Course start date.
(b) Installment Payment: If you select to pay in installments for Courses that are eligible for installment billing, then you agree to pay the fee for the Course in installments as detailed during enrollment. Payment in full will be due as specified in the enrollment form.
NONPAYMENT OF ANY INSTALLMENT PAYMENT OR FAILURE TO COMPLETE PAYMENT IN FULL WITHIN THE REQUIRED TIME MAY RESULT IN (I) TERMINATION OF THE COURSE; (II) DENIAL OF ACCESS TO COURSE MODULES; AND (III) AFTER 6 WEEKS IN DEFAULT OF PAYMENT, ALL OUTSTANDING AMOUNTS BEING IMMEDIATELY DUE. YOU ARE RESPONSIBLE TO FITCH FOR ANY LEGAL FEES INCURRED FOR COLLECTION OF OUTSTANDING PAYMENTS AND YOU AGREE THAT FITCH MAY SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES IN ORDER TO COLLECT PAYMENTS OWED TO FITCH.
If timely payments are not made or the amount is not paid in full within the required time, then Fitch may: (i) withhold any records relating to verification of certification; (ii) refuse to respond to requests for verification of certification; (iii) remove access to the Site; and/ or (iv) charge you a late fee of either GBP£50.00 or US$50.00, as applicable, on the overdue amount. (c) Methods of Payment: Fitch accepts the following methods of payment: credit card, debit card and, bank transfer as well as any method of payment requested on the Site or by a telephone representative. (d) Scholarships: Scholarships are valid only for the particular Course in which they are awarded. Fitch reserves the right to withdraw scholarships at any time. Eligibility for scholarships is determined by the scholarship committee, and all decisions regarding eligibility and receipt of scholarships are final. (e) Cancellation: You are entitled to cancel booked courses within 14 days from enrolment to the course without stating any reasons. In order to exercise the right of withdrawal, you must contact us at firstname.lastname@example.org for further details. Cancellations of confirmed Course bookings are eligible for a refund of 100% if notification is provided in writing more than 90 days before the start date; eligible for a 50% refund if notification is provided within 90 days; no refund is provided if notification of cancellation is within 45 days before the start date or for nonattendance.
(f) Cancellations in case of mutual business transaction (with no consumer involved): Cancellations of confirmed Course bookings are eligible for a refund of 100% if notification is provided in writing more than 90 days before the start date; eligible for a 50% refund if notification is provided within 90 days; no refund is provided if notification of cancellation is within 45 days before the start date or for nonattendance.
If a refund for full fees is granted, then delegates are responsible for the return of all course materials (other than those which we have provided to you on a "free of charge" basis) and will be charged for any materials (other than those which we have provided to you on a "free of charge" basis) either not returned or returned in an unacceptable condition, as determined by us in our sole discretion. If you have paid full fees and accessed any material other than the math primer or VBA lectures, then a refund will not be given.
6. Your Account: Registration as a user or subscriber in the Course requires both a user name and a password, and certain portions of the Site may require use of persistent passwords. You should consider both your user name and password as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Course or Site and to your account. You must keep your user name and password confidential. It is not permitted to give third parties access to your account and/or to Course materials provided by us. Furthermore, you are not entitled to register for more than one account and/or to register an account for another person and/or under false identity. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.
7. Changes to Course or Terms: At any time we may prospectively modify these Terms or modify or cancel the Course. We will notify you as soon as reasonable practicable. If you do not expressly object the modifications within 14 calendar days after receipt of the modification, the change is deemed accepted. In the event of an objection to the modification the old conditions shall continue to apply. However, in this case Fitch has the right to terminate the contractual relationship with immediate effect.
8.Termination: Fitch reserves the right to terminate your account or Course up to 6 working days before the start of the Course. In this case Fitch agrees to refund all fees paid for the terminated Course. Fitch also reserves the right to terminate your account or Course if there are substantial reasons such as:
- if you violate essential provisions of the standard terms of the course or
- in the event of force majeure or
- for security reasons.
You agree that once your Course or account has been terminated, you will have no further right or access to the Course, and you immediately shall cease using all those Course materials of which we have maintained ownership. Sections 4, 10, 11, 12, 15, 16, 17, 18, 19, 20, 21, and 22 of this Agreement shall survive termination of these Terms.
9. Notice: Notice or other communications under these Terms will be provided to you at the email address supplied on enrollment in the Course. It is your responsibility to notify Fitch of any changes to your contact information. Notice may be provided to Fitch at: email@example.com.
If you wish to change or update the data we hold about you, please email us at firstname.lastname@example.org.
12. Proprietary Rights: You acknowledge and agree that we or our licensors own all title, copyright and all and any other intellectual property rights in the Site, Course, and Course materials, including the classroom and virtual classes, related products, and any modifications or translations of them (collectively, “Materials”). You acknowledge that you do not own and shall not acquire any title, copyright or any other intellectual property rights in the Materials and shall not modify, translate, adapt or otherwise amend them and shall only use them for your private educational or informational purposes and in accordance with any instructions for use which appear on the Site or in the Course Materials. You agree to not share any material with third parties. This restriction includes lecture notes, exercises, solutions, preprogram math tests and exams and projects. If it is determined by us that you have engaged in plagiarism, cheating, or academic dishonesty on any exam or project, then you will be expelled from the Course and your CQF designation will be removed if you have completed the Course.
13.Third Party Products And Websites: We may offer or provide you access to third party products, services or websites, including but not limited to promotional or incentive offers, or free services provided by third parties. We do not control or bear any responsibility for those third party products, services or websites or their use of any personal information you provide to them.
Where intellectual property and/or processing rights of third parties are infringed through proper contractual use we shall have the option to
i. modify our Course materials such that there is no infringement, or
ii. acquire a license from the owner of the allegedly infringed right, or
iii. exchange/replace all or part thereof constituting the infringement, such that no intellectual property rights are being infringed.
The foregoing obligations of Fitch shall not apply if:
iv. You fail to notify us without unnecessary delay of a third party’s assertion of a claim for an infringement of rights.
14. Security: Your personal possessions are your sole responsibility and Fitch accepts no responsibility for anything that is lost or stolen from any premises. You are advised to keep your valuables with you at all times.
15. Assignment: Any Courses or materials (other than those which we have provided to you on a "free of charge" basis) provided by us under these Terms are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign, transfer, or subcontract these Terms or any of our rights and obligations under these Terms to any other company without prior notice to you.
16. Warranty: WE WARRANT THAT THE SITE AND COURSES ARE PROVIDED WITH REASONABLE CARE AND SKILL WITH NO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF TITLE, NONINFRINGEMENT OF THE SITE AND COURSE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (a) THE SITE OR COURSE WILL MEET YOUR REQUIREMENTS; (b) THE SITE OR COURSE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR COURSE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (d) THE QUALITY OF THE SITE OR ANY COURSE PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND/OR (e) ANY ERRORS OR DEFECTS IN THE SITE OR COURSE WILL BE CORRECTED.
WE ENDEAVOUR TO ENSURE THAT USE OF THE SITE WILL NOT EXPOSE YOU TO COMPUTER VIRUSES, MALWARE OR OTHER MALICIOUS ELEMENTS, BUT YOU MUST ALSO PROTECT YOURSELF AGAINST THESE THREATS BY USING AVAILABLE SECURITY, FIREWALL AND OTHER PROTECTIONS. WE ASSUME NO LIABILITY FOR ANY COMPUTER VIRUS MALWARE OR OTHER MALICIOUS ELEMENTS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH THE COURSE.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR COURSE, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
17. Limitation Of Liability: YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU OR YOUR COMPANY WHETHER IN NEGLIGENCE, TORT, CONTRACT, NEGLIGENT MISREPRESENTATION OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE OR COURSE SHALL BE LIMITED TO THE FEES RECEIVED BY US IN CONNECTION WITH YOUR PURCHASE OF THE COURSE UNDER WHICH YOUR CLAIM ARISES. LIABILITY FOR MATERIAL DAMAGE CAUSED BY SLIGHT NEGLIGENCE IS EXCLUDED. IN THE CASE OF A MUTUAL BUSINESS TRANSACTION (WITH NO CONSUMERS INVOLVED), COMPENSATION FOR CONSEQUENTIAL DAMAGE, LOSSES OF PROFIT AS WELL AS AVOIDANCE ON THE GROUND OF ERRORS ARE EXCLUDED. FURTHERMORE, THE EXISTENCE OF GROSS NEGLIGENCE MUST BE PROVEN FROM YOU IN CASE OF A MUTUAL BUSINESS TRANSACTION (WITH NO CONSUMERS INVOLVED). NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY.
18. Force Majeure: We shall not be liable to you for any breach of our obligations or termination under these Terms arising from causes beyond our 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.
19. Indemnification: You agree to indemnify, defend and hold Fitch and its officers, employees, contractors and advisors (collectively, the “Representatives”) harmless from and against any and all losses, claims, demands, actions, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by Representatives, directly or indirectly, as a result of or in connection with: (a) your misuse of the Site or Course; (b) your breach of the Terms; or (c) your violation of any applicable law or regulation.
20. Limitation on Lawsuits: The Course and these Terms are governed by the laws of England and Wales without regard to its conflict of laws principles. Any controversy, claim or dispute arising out of or relating to the Course or the Site shall be settled solely and exclusively by binding arbitration under the rules of the London Court of International Arbitration ("LCIA"), which rules are deemed to be incorporated by reference into this clause. The place and seat of arbitration shall be London, England. The language to be used in the arbitration proceedings shall be English. The number of arbitrators shall be one. Each party shall bear its own attorneys' fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend these Terms. The arbitrator shall be required to follow applicable law. You agree that this arbitration clause shall be binding upon your family members, heirs, executors, administrators, successors, and assigns.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. You and Fitch (a) agree that any suit, action or legal proceeding arising out of or relating to these Terms shall be brought in the courts of England; (b) consent to the jurisdiction of such court in any suit, action or proceeding; (c) waive any objection to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agree that these Terms are performed in London, England and shall be governed by the laws of England.
You and Fitch both agree that no lawsuit dispute or any other legal proceeding connected with these Terms shall be brought or filed more than twelve months after the incident giving rise to the claim occurred. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Fitch will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ADDITION, YOU AS A CONSUMER CAN BRING PROCEEDING ALSO IN THE COURTS OF THE MEMBER STATE IN WHICH YOU HAVE YOUR DOMICILE AND/OR FURTHER APPROACH THE EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM HTTP://EC.EUROPA.EU/CONSUMERS/ODR/ WHICH PROVIDES INFORMATION ABOUT ALTERNATIVE DISPUTE RESOLUTION.
22. Severability: If any provision of the Terms is determined by a court to be unenforceable, then the parties will deem the provision to be modified to the extent necessary to allow such provision to be enforced to the extent permitted by law, or if it cannot be modified, then the provision will be severed and deleted from the Terms, and the remainder of the Terms will continue in effect.