Last modified: Monday 21 November 2022
All goods and services sold by the PRB Academy (or via the Chartered Banker 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 PRB Academy ("us", "we", "the Academy", "PRB Academy"), 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 PRB Academy 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.
Purchasing Goods and Services
1. 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 PRB Academy from time to time (referred to in these Terms and Conditions as "Offline"), including application and registration of online learning courses as well as permission to conduct the courses via a face to face pilot. 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.
2. 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 7 years.
3. The Price means the price for the goods or services inclusive of VAT. Prices quoted on our Website and Offline are in pounds sterling and / or US dollars.
Payment and Title
4. 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.
5. The Price may be paid by credit or debit card. 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
6. 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.
7. 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
8. 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.
9. 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.
10. The above limitations do not apply in the case of death or injury to any person.
Limitation of Liability and Disclaimers
11. 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.
12. 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 PRB Academy 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.
13. 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.
14. 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).
15. 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.
16. Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury.
17. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
Intellectual Property Rights
18. 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.
19. In particular, the PRB Academy asserts its ownership of the logos and trade marks displayed in relation to names and courses 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
20. People undertaking work on behalf of the PRB Academy 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 PRB Academy reserves the right to cease to communicate with a customer about a particular matter, or at all, if communication with the PRB Academy is felt to be abusive or vexatious. The PRB Academy may also take disciplinary action against any member who is found to have demonstrated abusive or vexatious behaviour and is in breach of the Chartered Banker Institute 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
21. You may download to a local hard disk and print extracts from the Website solely for personal use.
22. You may not reproduce part or all of the contents of the Website in any form unless it is for personal use.
23. 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).
24. You may not frame or link to the Website or any part of it without our express permission.
(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.
26. 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.
28. We will use our best endeavours to safeguard the privacy of our users. Our data processing practices are explained below.
Information To Improve Our Site
30. 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.
31.Cookies are text files placed on your computer typically used to collect standard internet log information, visitor behaviour information or to support or enhance the user experience. We use four types of cookies on our website, log-in cookies, anti-forgery cookies, cookie banner related cookies and Google Analytics cookies (non-mandatory). More information on these cookies are given below.
If you do not know what cookies are or would like to know how to block or delete them, we suggest you visit www.aboutcookies.org or www.allaboutcookies.org.
We currently operate an ‘implied consent’ policy regarding cookies. This means that by accessing this website we assume you are giving consent to cookies being used. If you are not happy with this you can set your browser not to accept cookies (for example, using ‘InPrivate’ for Internet Explorer or ‘Private Browsing’ in Firefox) and the above websites tell you how to remove cookies from your browser. However, this may mean that some of our website features may not function as a result.
32. 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.
33. 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.