Terms & Conditions and Privacy Statement

WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT

IMPORTANT NOTICE:  Certain provisions of the Website Disclaimer and Privacy Statement differ for residents of the Americas.  Please see the end of these terms for the particular provisions that apply to you if you are located in the Americas.  

1.    WEBSITE DISCLAIMER
Welcome to the www.cqf.com website (the “Website”). The Website is operated by Fitch 7city Learning Limited trading as Fitch Learning, a company registered in England with company number 03928976, and its subsidiaries (“we, “us”, or “our”). Our registered office is at 30 North Colonnade, London, E14 5GN and our VAT registration number is 918160136. The following paragraphs indicate what your visit means both for us and for you.

These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, our mobile application, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site or application on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct indicates that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website after any such revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on 15th April 2014.

Access to Website
We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.

We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.

Registering an account
When registering for an account you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.

Closing an account
If you wish to close an account you have registered with us, then you may do so by emailing our client services team at info@cqf.com. We may close your account at any time if we believe you are in breach of these Terms or, acting reasonably, we believe it appropriate.  Should we close your account, we will provide you notice of such closure.

Restrictions on Use
Except to the extent permitted by these Terms you are not allowed to:
•    use the Website and anything available from the Website for unlawful purposes;
•    attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
•    reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
•    store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
•    remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
•    use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
•    otherwise do anything not expressly permitted by these Terms.

Intellectual property
We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, licence or publish it, in whole or in part, for any purpose without our prior written consent.

In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Website content.

Exclusion of liability
The information contained in this website is only for informational purposes.
Nothing in these Terms shall exclude or limit our liability to you:
•    for death or personal injury caused by our negligence;
•    under Part 1 of the Consumer Protection Act 1987;
•    for fraudulent misrepresentation; or
•    for any other liability that may not, under English law, be excluded or limited.

Subject to the above, in no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:
•    loss of business;
•    loss of revenue;
•    loss of profits;
•    loss of anticipated savings;
•    special loss; or
•    consequential loss.

We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer programme.

The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

2.    PRIVACY STATEMENT

Links policy
The Website may contain hypertext links to other Internet sites which are completely independent of this Website. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such hypertext link or other Internet site, or that any such other Internet site (or websites which are linked to such other Internet site) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program, and access to any other Internet sites linked to the Website is at your own risk.. Linking to another website from the Website should not be taken as an endorsement of any kind. Although we endeavour to keep all links up to date, we cannot guarantee that these links will work all the time, and we have no control over the availability of external pages.

If you wish to link to the Website please contact the website manager at info@cqf.com.

Forums, chat rooms and other public posting areas
Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don't want people to know your e-mail address, for example, don't include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

Collection and usage of non-personal data and Website data
When you visit the Website, we automatically gather and store the following information in order to track the use of our website:
•    The IP address from which the Website is accessed;
•    The name of the domain from which our visitors access the Internet;
•    The type of browser and operating system used to access the Website;
•    The date and time of your visit to the Website;
•    Mobile device information (e.g., hardware model, operating system version, device identifier, and mobile network information;
•    The pages, files, documents and links accessed during your visit; and/or
•    The internet address of the website from which you linked to the Website (i.e. the previous site you visited, which referred you to the Website).

We will not make any attempt to identify individual Website users or their particular browsing activities from the information listed above. The information listed above is stored and used in the aggregate only, in order to provide us with information about the general use of the Website. Our Website logfiles are analysed in order to make improvements to the Website.

Data protection
We are committed to striking a fair balance between your personal privacy and ensuring that you obtain full value from the products and services we provide, while ensuring that we comply with all protection the U.K. Data Protection Act 1998 ('the Act') affords to you. We will hold your personal data securely in accordance with the Act, under which we are fully registered.

The main purpose of the Act is to ensure broad standards of transparency, quality and security of the processing of personal data. We comply with all requirements of the law on protection of personal data.

Collection and use of personal data
Personal data is not stored nor captured through the Website without the prior knowledge and consent of users. Where personal information is captured (e.g. through web-based forms for feedback, registration, requests, etc.), the user will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used.

We may collect and process the following information about you:
•    information (such as your name, email and postal address, telephone number, job title, date of birth and bank details) that you provide;
•    in connection with your account, your log-in and password details;
•    details of any transactions made by you through the Website;
•    communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website and its content;
•    information from surveys, promotions and competitions that we may, from time to time, run on the Website, if you choose to respond to, or participate in, them; and
•    technical information from your mobile device relating to the services you receive.

Any personal data that you give us will be treated with the utmost care and security. We will hold your personal information on our systems for as long as it is still used for the purpose stated when originally requested. We will only collect personal information which you knowingly and willingly provide, for example by sending emails or completing online forms.

We will use the personal information you provide to:
•    identify you when you sign in to your account and permit access into limited entry areas of the Website;
•    enable us to respond to your requests and process your orders and to provide you with the services and information offered through the Website which you request;
•    administer your account with us and notify you regarding changes and updates to the Website;
•    alert you to special offers, updated information, or new services from us or third parties;
•    fulfill the terms of a promotion;
•    to contact you in response to a sign up form such as the “Contact Us” form;
•    verify and carry out financial transactions in relation to payments you make online;
•    analyse the use of the Website and the people visiting in order to improve our content and services including research into our Users’ demographics and tracking of sales data; and/or
•    send you information we think you may find useful or which you have requested from us, including receipt of marketing communications such as our periodic newsletter.

We make every effort to ensure the secure collection, transmission and storage of personal data in accordance with the nature of such data.  Please note that we reserve the right to share your personal data with third parties.

You can tell us not to contact you with information regarding our products and services by following the unsubscribe instructions on any communications sent to you or by contacting us on info@cqf.com.

You have a legal right under the Act to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding the prescribed fee permitted by law. You also have a right to correct any errors in that information. Should you request that we amend or suppress records containing your personal data, we will endeavour to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.

Use of cookies
Cookies are small pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Website and will last for longer. Cookies can therefore either be persistent or session based.

We use cookies to:
•    remember that you have used the Website before (this means we can identify the number of unique visitors we receive and allows us to make sure that we have enough capacity for the number of users we get);
•    allow you to navigate the Website more quickly and easily;
•    remember your login session so you can move from one page to another within the Website;
•    store your preferences;
•    customise elements of the layout and/or content of the pages of the Website for you; and
•    collect statistical information about how you use the Website so that we can improve the Website.

Our cookies:
Essential session management
•    Creating a specific log-in session for a visitor to our Website in order that the site remembers that a visitor is logged in and that his or her page requests are delivered in an effective, secure and consistent manner.
•    Recognising when a visitor to the Website has visited before; this means we can identify the number of unique visitors we receive to the Website and allows us to make sure we have enough capacity for the number of users that we get.
•    Recognising when a visitor to the Website is a registered member.
•    We may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of the Services.

Functionality
•    Customising elements of the promotional layout and/or content of the pages of the Website for example by storing a country code and providing users with content relevant to their country.
Performance and measurement
•    Collecting statistical information about how our visitors use the Website(s) so that we can improve the Website(s) and learn which parts are most popular to visitors.
•    We employ Google analytics. You can opt out of Google analytics by going to https://tools.google.com/dlpage/gaoptout and following the instructions.

Third party advertisers
We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Website.  Please be advised that such advertising companies may gather information about your visit to the Website or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered.  If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp.  PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

Sharing of personal data
We may share or disclose your personal information in the following instances:
•    To fulfill a service to you. For example, if you request a product or service from us, we may share your personal information in order to provide the product or service to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.

•    To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal information for research, administrative and/or internal business purposes. These parties may use your personal information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personal information in this manner, please do not provide us with this information.

•    To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Website and provide other administrative services to us (including, but not limited to, order processing and fulfillment, debt collection, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Website will have access to users' personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.

•    To fulfill your order. If you choose to make a purchase on the Website, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).

•    To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users.

•    To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

•    To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

•    To protect against potential fraud, we may verify with third parties the information collected from our Website. In the course of such verification, we may receive personal information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.

Except as described in these Terms or at the time we request the information, we do not otherwise use, share or otherwise disclose your personal information to any third parties.

Children
This Website does not knowingly collect personal information from children under the age of 13.  If we learn that we are in possession of such information, we will delete it.

Security
We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.

While we strive to keep the information that you supply directly or indirectly secure, please be aware that the Internet is not a fully secure medium.

Data Storage and international transfers
Information that you submit via the Website is sent to and stored on secure servers located in the United Kingdom but may in some circumstances be transferred to countries outside the European Economic Area (“EEA”). By way of example, this may happen if one or more of our servers are from time to time located in a country outside the EEA or one of our service providers is located in a country outside the EEA. If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected. By submitting information via the Website, you agree to this storing, processing and/or transfer.

Access to personal data
You may request a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding the prescribed fee permitted by law. You also have a right to correct any errors in that information. Should you request that we amend or suppress records containing your personal data, we will endeavour to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.

Opt-Out
We communicate with users who subscribe to our services on a regular basis via email and text message. For example, for e-mail marketing, we may use your e-mail address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent).  Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of us and our affiliated companies at the telephone number you provided.  You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.

We provide you the opportunity to exercise an opt-out choice if you do not want to receive certain types of communication from us, such as emails or updates from us regarding new services and products offered on this Website or if you do not want us to share your personal information with third parties. For e-mails, the opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the email.  You may also opt-out by sending us an email at info@cqf.com. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.  You may ask us not to contact you by text message at any time by responding to a text message after it is received.  For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received.  Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request.

General
If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.
You may not sub-license or assign any of the rights or obligations under these Terms.

We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

Law governing the Terms
Uses of this Website and these Terms shall be subject to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

Jurisdiction
The Courts of England and Wales shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.

Contacting us
Please submit any questions you have about these Terms or any problems concerning the Website by emailing us at info@cqf.com.

THE FOLLOWING PROVISIONS APPLY ONLY TO RESIDENTS OF THE AMERICAS AND REPLACE ANY ABOVE PROVISION WITH THE SAME HEADING. 

Exclusion of liability
The information contained in this website is only for informational purposes.
Nothing in these Terms shall exclude or limit our liability to you for any liability that may not, under the laws of the State of New York, be excluded or limited.

Subject to the above, in no event do we accept any liability (whether such liability arises as a result of    breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses   whatsoever resulting from use of or inability to use this Website including, without limitation:
•    loss of business;
•    loss of revenue;
•    loss of profits;
•    loss of anticipated savings;
•    special loss; or
•    consequential loss.

We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program.

The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

YOUR CALIFORNIA PRIVACY RIGHTS
This Website does not support Do Not Track browser settings and does not currently participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.

California Civil Code Section 1798.83 permits our visitors who are California US residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at info@cqf.com.

General
If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.
If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

You may not sub-license or assign any of the rights or obligations under these Terms.

We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

Law governing the Terms
The Website and these Terms are governed by the laws of the State of New York, USA, exclusive of its choice of law principles.

Jurisdiction
Any controversy, claim or dispute arising out of or relating to the Course shall be settled solely and exclusively by individual binding arbitration in New York City, New York.  Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association.  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 federal and state courts of record located in the State of New York, County of New York; (b) consent to the jurisdiction of each 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 the State of New York and shall be governed by the laws of New York.

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 six 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.
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