1. Terms and conditions
2. Who May Use our Services
You may use our Services only if you can form a binding contract with the iFinance Academy, and only in compliance with these Terms and all applicable laws.
Use of the iFinance Academy eLearning platform:
When you create your iFinance Academy account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Certain courses may have additional requirements and/or restrictions.
3. Our License to You
Subject to these Terms we grant individual users a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may access content from our Services only for your personal, non-commercial use. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
4. Corporate agreements:
In the event of a corporate agreement (the ‘Contract’) having been entered into, you agree to be bound by all the applicable requirements of said Contract, as well as these Terms and conditions.
Furthermore, all terms of the NDA between parties shall apply to any content you have access to as a result of the Contract between your company (Client) and the iFinance Academy.
In regards to the ownership of, and intellectual property rights to, content provided by the iFinance Academy, or content provided by the Client, the individual Contract shall govern the usage rights and relationship between the parties.
5. Bespoke training development
The iFinance Academy takes pride in it’s unique, tailored content which has been developed by experts in their fields and targeted to the needs of the relevant industry. Unexpected events do occur, and may necessitate the delay, cancellation or modification of course content that has already been scheduled to be delivered.
The existing content of off-the shelf, classroom courses has been exhaustively researched and thoroughly reviewed, and modifications to the content at the request of the Client undergoes the same process. Bespoke training sessions that have been agreed upon and confirmed via binding Contract will be delivered by the iFinance Academy trainer/representative at the agreed upon time and location. Any changes, substitutions or additional attendees made by the Client without the prior written agreement of the iFinance Academy may incur additional charges and fees to the Client.
6. Face-to-face course training
Customers booking iFinance Academy’s public face-to-face training courses should attend all course training dates. Cancellation periods for customers attending the face-to-face training will have to notify iFinance Academy in writing at least 24 hours before the course. No shows and cancellations not made within the specified cancellation period will not be able to reschedule their next attendance to the next course. The full amount of the course will have to be paid.
iFinance Academy reserves the right to cancel any training course due to insufficient enrollment at least 4 calendar days in advance of the scheduled course date. Notice will be provided with the option to reschedule for a future course date. If unforeseen circumstances arise, iFinance Academy reserves the right to cancel the course not less than 5 hours before the said course. The customer will receive a notice in writing. If a training class is cancelled due to any unforeseen circumstances, the customer is entitled to reschedule for a future training course.
7. General Terms
7.1 Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
7.2 Severability; Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
This Agreement shall be governed by the law of Malta and are subject to the exclusive jurisdiction of the Courts of Malta.
8. Data Protection
8.1 Where IFinance Academy processes the Client’s Users’ details and any other personal data (“Data”) in the fulfilment of this agreement, IFinance Academy warrants that it shall comply with all the requirements of the Data Protection Act 1998 and Directive 95/46/EC and with any principles or regulations pursuant to it in connection with the processing of personal data, and specifically it shall:
(i) only process the Data for the purposes of the fulfilment of this agreement or acting solely on the instructions of the Client;
(ii) ensure that appropriate technical and organisational measures are taken against unauthorised or unlawful processing of the Data and against accidental loss or destruction of, or damage to, the Data, so as to ensure a level of security appropriate to the harm that may result from unauthorised or unlawful processing of the Data and accidental loss or destruction of, or damage to, the Data;
(iii) take reasonable steps to ensure the reliability and integrity of IFinance Academy personnel who have access to the Data; and
(iv) not disclose or transfer the Data to any third parties without the Client’s prior written consent.
8.2 The warranties provided in clause 5.1 shall survive the termination or expiration of this agreement.
9. Limitation of Liability
9.1 Notwithstanding any other provision herein, neither party excludes or limits its liability for death or personal injury caused by its negligence or for fraud or for breach of intellectual property rights including but not limited to a breach of clause 4.3 or for breach of IFinance Academy’s obligations in clause 5.1 or in respect of any other liability which by law cannot be excluded or restricted.
9.2 Subject to clause 6.1 above, each party’s total aggregate liability to the other party in respect of all losses, liabilities or damage suffered or incurred by the other party under or in connection with this agreement (and whether the liability arises because of a breach of contract, negligence or for any other reason) shall not exceed the Licence Fee paid for this agreement.
9.3 Under no circumstances will either party be liable to the other party for lost profits, data, business, revenue, goodwill or anticipated savings, or regulatory or legal fines, or any indirect, incidental, special, punitive, exemplary or consequential damages of any kind, howsoever caused.
eLearning Terms & Conditions
This is an agreement (“Agreement”) between You and Your Organisation (the “Client”) and iFinance Academy Limited and its affiliates (“iFinance Academy”). This Agreement governs Client’s use of certain Online Courses (OCs) owned by iFinance Academy, and the use of the iFinance Academy Learning Management System (“LMS”) for delivering these OCs to Client’s employees and contractors (users). You represent that You have the authority to bind Client to this agreement with iFinance Academy.
1. Licence and Restrictions
1.1 iFinance Academy hereby grants Client the number of Subscriptions to the OCs specified at the time of purchase.
1.2 Each Subscription gives one user the non-exclusive, non-transferable right to access one OC for one calendar year from the date of purchase.
1.3 Client may NOT sublicence, resell, transfer Subscriptions, or otherwise commercially exploit the OCs in any way other than Client’s own use, or reverse engineer or access the OCs in order to (i) build a competitive product or service, (ii) copy ideas, features, source code, functions, graphics or animations of the OCs, or (iii) build a product using ideas, source code, features, functions, graphics or animations of the OCs.
2. Intellectual Property Ownership
2.1 The licence granted to Client in clause 1.1 does not convey to Client any rights of ownership in or related to the OCs or other intellectual property rights owned by iFinance Academy. iFinance Academy alone shall own all rights, title and interest, including all related intellectual property rights, in and to the OCs and any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or any other party to iFinance Academy relating to the OCs.
2.2 The iFinance Academy name, logo, and the product names associated with the OCs are trademarks of iFinance Academy and its affiliates, and no right or licence is granted to use them except for the purpose of viewing the OCs.
3. Termination for Cause
3.1 Any breach of this Agreement or unauthorised use of the OCs will be deemed a material breach of this Agreement. iFinance Academy, in its sole discretion, may terminate Client’s use of the OCs if Client is in material breach with this Agreement.
4.1 Save as otherwise expressly set out herein, to the maximum extent permitted by applicable law, iFinance Academy makes no representations, warranties or conditions, whether express, implied, statutory or otherwise, including without limitation warranties or conditions of merchantability, fitness for a particular purpose, no encumbrances, no liens and non-infringement of third party rights.
5. Data Protection
5.1 Where iFinance Academy processes Client’s user details and any other personal data under this Agreement (“Relevant Data”), iFinance Academy warrants that it shall:
(i) only process the Relevant Data for the purposes of performing its obligations under this Agreement and, in so doing, it shall act solely on the instructions of Client;
(ii) ensure that appropriate technical and organisational measures are taken against unauthorised or unlawful processing of the Relevant Data and against accidental loss or destruction of, or damage to, the Relevant Data, so as to ensure a level of security appropriate to the harm that may result from unauthorised or unlawful processing of the Relevant Data and against accidental loss or destruction of, or damage to, the Relevant Data;
(iii) take reasonable steps to ensure the reliability and integrity of iFinance Academy personnel who have access to the Relevant Data; and
(iv) not disclose or transfer the Relevant Data to any third parties without Client’s prior written consent.
6. General Provisions
6.1 This Agreement constitutes the entire agreement and understanding between Client and iFinance Academy and supersedes all prior or contemporaneous negotiations, agreements, arrangements and understandings, whether written or oral, between Client and iFinance Academy regarding the subject matter contained herein.
6.2 To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of this Agreement, it shall not affect the enforceability of the remainder of this Agreement nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
6.3 This Agreement shall be governed by and construed in accordance with Maltese law. Each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the Maltese courts.