The Chartered Banker Institute - Terms and Conditions of the Sale of and/or Provision of Goods and Services and Use of the Website
All goods and services sold by the Institute which also includes those provided free of charge to customers from time to time whether purchased online through the Website or offline by telephone or paper order shall be and are subject to these terms and conditions and any reference to purchasing goods and services on the Website shall refer in equal measure to any such goods or services purchased offline.
Please read these terms and conditions carefully as they affect your legal rights and set out the terms and conditions on which we, The Chartered Institute of Bankers in Scotland ("us", "we", "CBI", "Chartered Banker Institute"), will allow you to use the goods and services as well as this Website (the "Website - which for the avoidance of doubt includes any Restricted area which is accessed by CBI Members) and the information contained within it.
The Website is offered to you conditional on your agreement with these terms and conditions and your continued use of it signifies agreement with them in their entirety.
1. Membership of the Chartered Banker Institute will provide you with membership at Affiliate, Student, Associate, Member, Fellow or International level, as appropriate. All applications for membership are subject to meeting the relevant eligibility criteria.
2. As a member of the Chartered Banker Institute you will have access to a wide range of benefits.
A typical membership package may include:
• For professionally qualified members, entitlement to use a professional and/or membership designation
• For members undertaking a qualification, access to relevant study resources.
• Copies of Chartered Banker magazine and other publications. This may include hard copies and/or digital downloads.
• Email newsletters and updates
• Full access to the Institute website, including the members’ area.
• The opportunity to attend public events across the UK
• The ability to access extensive online resources for continuing professional development, including e-learning, podcasts, video and pdf articles.
• Invitations to attend member-only events across the UK
• Access to physical and virtual networking opportunities
• The ability to participate in the Chartered Banker mentoring scheme
• The ability to participate in volunteering opportunities such as committee work and the Financial Education Partnership.
• The ability to participate in membership surveys and consultations
3. Membership packages may vary according to the grade of membership held.
4. We reserve the right to change the benefits that apply to Institute membership at any time and without prior notice.
5. Any external providers of a benefit included within your membership package will have absolute discretion in relation to the provision of services, and membership of the Institute does not guarantee that the external provider will accept an application from a member for the provision of services.
Services supplied from an external provider will be subject to the provider’s own terms and conditions, and we do not accept any liability for loss or damage suffered as a result of a fault, error or omission in the provision of these services.
Purchasing Goods and Services
6. We offer the opportunity to purchase certain goods and services on the Website and offline, which includes via brochures and other printed publications produced by the CBI from time to time (referred to in these Terms and Conditions as "Offline"), including application, registration and payment for examinations, study material and courses. Please review all of the information which you intend to submit before you make payment. By submitting this information you confirm that all of it is accurate, true and complete.
7. If we accept your offer and agree to enter into a contract with you, we will keep a record of the transaction for a period of 6 years.
8. The Price means the price for the goods or services inclusive of VAT. Prices quoted on our Website and Offline are in pounds sterling. Where relevant, Standard delivery charges will be applied at the checkout (for web purchases) and are detailed on the relevant application form (for offline purchases). Expedited deliveries may incur additional postage charges which will be agreed in advance between us.
Payment and Title
9. When you offer to purchase any goods or services from us Offline by paper application form or on the Website by clicking the 'Submit' button you agree to these terms and conditions. By completing and submitting the paper application form / electronic order form or ordering by telephone you are making an offer to purchase goods or services which, if accepted by us, will result in a binding contract. We reserve the right to refuse your order and in which case you will be notified accordingly.
10. The Price may be paid by credit or debit card (some paper orders and overseas orders are paid by cheque or bankers draft). The Price will be deducted from your card if and when we have accepted your order. If your order is not accepted by us we will inform you.
Cancellation and Termination
11. In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right of cancellation in respect of the goods and services sold by the CBI, which right shall (subject to the Regulations) expire fourteen calendar days from the day on which either the goods are received by you, or a person nominated to receive the goods on your behalf, or your order for services is accepted by the CBI.
Should you wish to cancel, notice should be sent to the Membership Engagement Team via email@example.com. Where goods have been supplied to you prior to such cancellation they must be returned to us, in the condition in which they were supplied to you, at your expense. Reimbursement for any monies paid by you which relate to the cancellation will be sent to you within fourteen days of receiving the notice of cancellation or if goods are to be returned to us, within fourteen days of their receipt or proof of sending.
The cancellation terms above do not apply to event bookings, please refer to our event terms and conditions.
Note: No right of cancellation or refund is available in respect of ebooks or any other electronic download of the goods and services once the download has started. You acknowledge that, by commencing the download of the goods or services, your right to cancel under 29(1) of the Regulations will be lost.
12. We may (at our option) suspend performance of the services or terminate the contract at any stage if it appears to us that you have not complied with these Terms and Conditions.
13. We reserve the right to cancel, suspend or vary the operation of our obligations to you if events occur which are in the nature of force majeure including (but without prejudice to the generality of the foregoing) fire, flood, storms, plant breakdown, strikes, lock outs, riot, hostilities, non-availability of material or suppliers or any other event outside our control; and we shall not be held liable for any breach of contract or in tort including delict resulting from such an event.
Warranties and Liability
14. We will perform any services with reasonable skill and care. Except as otherwise provided in these Conditions, and except where goods or services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Conditions Act 1977), all warranties, representations and undertakings, whether express or implied, statutory or otherwise, including but not limited to warranties of satisfactory quality, accuracy, fitness for a particular purpose and of non-infringement of the rights of a third party, are hereby excluded to the fullest extent permitted by law. Where goods or services are sold to a person dealing as a consumer, nothing in these Terms and Conditions shall affect his or her statutory rights.
15. Our liability (if any) under these Conditions in respect of any defect in the goods or services or of any duty owed to you under the Conditions will be limited to the Price paid by you or if higher the amount available under any responding insurance policy.
16. The above limitations do not apply in the case of death or injury to any person.
Limitation of Liability and Disclaimers
17. We do our best to ensure that the information in the Website and our Offline publications are accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of that information and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further agreement we may make with you in writing.
18. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, the Institute will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. The Institute makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
19. Any link (be it a hypertext link or other referral device) either described in an Offline publication or used on the Website (including any Restricted area) is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked Website. We are not responsible for the content of any Websites that have links either to or from the Website or for the legal consequences of your entering into any contracts with the third parties that have these linked Websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
20. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
21. Access to and use of the Website is at your own risk and we do not warrant that the use of the Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.
22. Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury.
23. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
Intellectual Property Rights
24. All Intellectual Property Rights and goodwill in Offline publications, digital publications or relating to the contents of the Website belong to either ourselves or to our suppliers.
25. In particular, the CBI asserts its ownership of the logos and trade marks displayed in relation to names, exams, qualifications and exam titles (many of which are registered) and nothing contained in these Terms and Conditions or the Website should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any of the logos or trade marks whether Offline or online without our permission. However, copying and printing of those web pages which contain the logos or trade marks is permitted within the scope of the licence contained at "Your use of the Website" below.
Vexatious and Abusive Communication and Behaviour
26. CBI employees and people undertaking work on behalf of the CBI will not be subjected to harassment and will not engage with customers (either members or non members) who become abusive or whose complaints/enquiries are vexatious. Repeated complaints/enquiries from people who are abusive or vexatious may result in a complaint/enquiry taking longer to complete than necessary. The CBI reserves the right to cease to communicate with a customer about a particular matter, or at all, if communication with the CBI is felt to be abusive or vexatious. The CBI may also take disciplinary action against any member who is found to have demonstrated abusive or vexatious behaviour and is in breach of the CBI Code of Conduct. All forms of communication including email, letter and telephone or face to face conversations, are covered by this policy.
Your use of the Website
27. You may download to a local hard disk and print extracts from the Website solely for personal use.
28. You may not reproduce part or all of the contents of the Website in any form unless it is for personal use.
29. You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).
30. You may not frame or link to the Website or any part of it without our express permission.
31. Where you have the opportunity to add or post content to the Website (including any Restricted area of the Website) you must only do so to send messages and material that are proper and appropriate to it and you shall not do any of the following:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or intellectual property rights where applicable) of others;
(b) publish, post, distribute or disseminate any material which is obscene, indecent or unlawful;
(c) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
(d) upload files that contain software or other material protected by intellectual property laws (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or another's computer;
(f) upload files which contain an active hypertext link to another Website;
(g) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(h) falsify the origin or source of software or other material contained in a file that is uploaded;
(i) download any file posted by another user of the Members’ Area that you know, or reasonably should know, cannot be legally distributed in such manner.
32. We shall be entitled at any time to delete, remove or suspend the whole or any part of any content which Users add or post to the Website without notice and without incurring any liability.
33. By logging in to the site and creating a user profile you confirm that the e-mail address you provide is solely accessible by you and is secure from any external third party access
34. We will use our best endeavours to safeguard the privacy of our users. Our data processing practices are explained below.
35. We aim to maintain all personal records accurately and securely to a reasonable standard. We collect information about you when you contact us for information, apply for membership, enrol for courses or place an order for any goods or services which we may provide. We may also collect information when you voluntarily provide feedback, participate in surveys or respond to emails, Website usage information is collected using cookies. We shall under no circumstances sell or provide information about our members or non-members to a third party for any purposes without express permission of the individual, except in the case of authorised agents of the Institute. We may disclose Personal details to other organisations with whom the Institute is organising joint ventures or, with your permission, your employer. We also reserve the right to disclose any of the information you provide to us where required to do so by law, or to comply with a regulatory obligation, or to assist in any investigation into alleged illegal or criminal conduct You have the right to request a copy of the information that we hold about you. We may make a small charge for this service. Our Data Protection Policy is available on our Website here.
36. CCTV is in operation at some of our suppliers’ testing centres for a number of reasons including to monitor examination performance and fulfil our disciplinary and regulatory functions and by attending the examination you are giving your consent to being recorded.
Information To Improve Our Site
37. We collect anonymised information automatically about your visit to our site. This information is used to help us follow browsing preferences on our site so that we can regularly improve our service.
39. We reserve the right to change the terms and conditions under which the Website is offered at any time. Any such change in these Terms and Conditions will be effective once reflected in the text of the Terms and Conditions and published on this web page or Offline. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version.
40. The interpretation, construction, effect and enforceability of this agreement shall be governed by English Law, and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.
Additional Terms and Conditions
41. Please note the CBI exam policies are detailed in our Quality Handbook on our Website. These policies are additional terms and conditions and relate in the main to entering for and sitting exams and subsequent issue of exam results. Please note that in entering for any examination with the CBI you agree to be bound by these additional terms and conditions.