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The FINTECH Circle Institute Terms of Service


These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use www.FINTECHCircleInstitute.com ( www.institute.FINTECHCircle.com ) (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use.

These Terms of Use are effective from 10 May 2018.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 22 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 23 (INDEMNIFICATION), 24 (DISCLAIMERS) AND 25 (AGE RESTRICTIONS ON USE OF OUR WEBSITE).

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

Contents

1. Our details

1.1 FINTECH Circle Ltd (we, our and us) operates the website.

1.2 FINTECH Circle Ltd is a limited liability company incorporated in England and Wales (company number 09141483). Our registered address is FINTECH Circle ltd, c/o Intelletec Ltd, The Office Group, 50 Liverpool Street, London, England, EC2M 7PY or sending an email to info@fintechcircle.com. Our VAT registration number is GB 201520868.

1.3 Our contact email address is info@fintechcircle.com

1.4 FINTECH Circle Institute offers Online Content and Courses from educators/lecturers and educational institutions globally (“ Course Providers“).

2. Using the Website (Learner conduct)

2.1 By accessing and/or using this Website and the Online Content and Courses (by whatever means or device and whether as a Visitor or a Learner), you confirm that you have read, agree and are in compliance with these Terms, the Privacy Policy, and all applicable local, national and international laws, rules and regulations (each as amended from time to time). Use of the Website and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.

2.2 Your use of and access to this Website and the Online Content and Courses is subject to the following conditions (“ Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will be a breach of these Terms by you:

· you agree to use the Website and access the Online Content and Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

· you agree not to use the Website or access the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;

· you agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation, under section 7.11;

· you agree not to alter or modify any part of the Website or any of the Online Content and Courses;

· you agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third party web browsers such as Chrome, FireFox, Safari or Internet Explorer;

· you agree not to (and not to attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the Website or access to the Online Content and Courses;

· you agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

· you agree not to use or access the Website or Online Content and Courses or any part of them for any commercial uses or for the benefit of any third party, including but not limited to:

  1. the sale of access to the Online Content and Courses or any associated content;
  2. the solicitation of business in the course of trade or in connection with a commercial enterprise; and

3. the solicitation of, for commercial purposes, any Visitors or Learners of the Website with respect to their content

· you agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses;

· you agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;

· you agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;

· you will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purposes other than as permitted by these Terms without our prior written consent or the prior written consent of the respective licensors/owners of the Courses and Content on the Website;

· you agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any FINTECH Circle Institute server or the network(s) connected to any FINTECH Circle Institute server, or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the Website;

· you agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts);

· you agree not to frame the Website or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;

· you agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;

· you agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and

· you agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and our Privacy Policy.

2.3 You agree to comply with these Terms in relation to any Learner Content (as defined in paragraph 7.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 7.6 to 7.9 below).

2.4 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.

2.5 You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.

2.6 Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content from our Course Providers that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.

2.7 You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.

2.8 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including, but not limited to, any loss or damage which we or any third party may suffer) of any such breach.

3. Registration and Accounts

3.1 Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Online Content and Courses, you must register for a personal account on the Website (a “ Learner Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.

3.2 In setting up your Learner Account, you may be prompted or required to enter additional information, including but not limited to your gender, date of birth and location. Additional information may also be required to confirm your identity, including (but not limited to) photographic identification for verification purposes.

3.3 You undertake to us that all information provided by you in relation to your Learner Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.

3.4 You acknowledge that if any information provided by you in relation to your Learner Account is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your access to and use of the Website and your enrolment in the Online Content and Courses

4. Student Conduct

4.1 By registering with FINTECH Circle Institute for a Learner Account, you agree (in addition to your obligations as a Learner above) that you:

(a) will not let anyone else use your Learner Account;

(b) credit the author if you quote anything from another place and that the comments and assignments you post are your own work.

(c) you are respectful to others and do not use words or share content that is offensive or inflammatory.

(d) if you disagree with someone’s ideas you will discuss their ideas, rather than criticise or attack them personally.

(e) will not cheat on any assignment or exam relating to the Online Content and Courses, nor share solutions to homework assignments or exams; and

(f) you are here to learn, not to advertise products or services. You will not use the FINTECH Circle Institute for campaigning.

(g) you add to conversations and do not “spam” other learners by posting the same comment multiple times or by posting comments that are unrelated to the course.

4.2 If you are disqualified for any reason under paragraph 4.1 we may prohibit your access or participation in the Online Content and Courses.

5. Course Providers

5.1 Our Educators/Lecturers and partner institutions (together “ Course Providers”) may make certain Online Content and Courses available to Learners.

5.2 Your access to such Online Content and Courses is provided to you through your Learner Account. You acknowledge and agree that any Online Content and Courses affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms.

5.3 We and the Course Providers reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.

5.4 For some Online Content and Courses, subject to your satisfactory performance in the Online Content and Courses as determined, you may (in the sole discretion of us and the Course Providers) be eligible to purchase (or be awarded, as the case may be) products recording your participation in the relevant Online Content and Courses, including (but not limited to) a statement, certificate, acknowledgment or similar (a “ Product”) issued by us and/or the Course Provider.

5.5 We may make certain revision books and study aids available for purchase while you are participating in the Online Content and Courses. We will provide links to third party websites to enable you to make these purchases.

Enrolling in a recommended course as a member of a specific organisation on the FINTECH Circle Institute, or by direct invitation:

5.7 An organisation (which may be a FINTECH Circle Institute Partner, your employer, or a third party otherwise working together with the FINTECH Circle Institute) may invite you to (i) participate in a specific Course, or (ii) join their organisation on the FINTECH Circle Institute. By accepting the organisation’s invitation:

(a) you agree to abide by any additional terms and conditions, policies and procedures issued or made available to you prior to your acceptance of the invitation sent to you by the inviting organisation; and

(b) you agree that your information, including certain of your personal information and your progress and results throughout the duration of any Course you are invited to or which is recommended to you by the organisation, will be held by the FINTECH Circle Institute and the inviting organisation as data controllers in common (together, “we” or “us”) and you consent to us using your information to (i) provide you with information and services that you request; (ii) enable us to provide you with information that we feel may be of interest to you; (iii) allow us to log and maintain your information as part of your records for the purpose of assessing the effectiveness of the course, or track your progress for accreditation purposes; (iv) enable us to determine the levels of engagement, progression and performance on the course; and/or (v) for other legitimate business interests.

6. Learners Licence to use

6.1 Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:

(a) to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and

(b) to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.

6.2 You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.

6.3 Certain Partner Institutions may, at their own discretion, make available certain Online Content and Courses under a Creative Commons licence (non-commercial). Should Partner Institutions choose to do this, it will be clearly identified on the appropriate Online Content and Courses page of the Website and we acknowledge that the Creative Commons licence will override certain of these Terms as appropriate. A full copy of the relevant Creative Commons licence will be available from a link at that point.

7. Your Learner Content

7.1 Throughout your use of the Website, Courses and Content, we may provide you with the ability to provide content in the form of uploading notes and replies, Learner discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Website or Online Content and Courses, e.g., written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “ Learner Content”).

7.2 We do not claim ownership of any Learner Content you may submit or make available for inclusion on the Website or Online Content and Courses. Accordingly, subject to the licence granted to us and any applicable Partner Institution, the Learner will be the sole and exclusive owner of any and all rights, title and interest in and to the Learner Content.

7.3 With respect to any Learner Content you submit to us (including, but not limited to, for inclusion on the Website or Online Content and Courses) or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Learner Content on the Website and/or in the Online Content and Courses or otherwise exploit the Learner Content, with the right to sublicense such rights for any purpose associated with the provision of the Website and the Online Content and Courses. We reserve the right to remove any Learner Content without notice at any time and for any reason.

7.4 To the extent that you provide any Learner Content, you represent and warrant that:

(a) you have all necessary rights, licences and/or clearances to provide such Learner Content and permit us to use and publish such Learner Content as provided in paragraph 7.1 to 7.3 above;

(b) such Learner Content is accurate and complete to the best of your knowledge and belief;

(c) as between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Learner Content; and

(d) such use and/or publication of your Learner Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.

7.5 With respect to any submissions of Learner Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

7.6 The Website and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Learners and/or us.

7.7 You agree to use communication methods available on the Website and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms and our Privacy Policy.

7.8 By using any of the communications methods available on the Website and/or the Online Content and Courses, you agree that:

(a) all communications methods constitute public, and not private, means of communication between you and the other party or parties;

(b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and

(c) most content will be reactively moderated if flagged by Learners or Visitors but we reserve the right to pre-review or post-review Learner Content to ensure that it complies with generally acceptable standards of communication.

7.9 Additionally, through such communication methods set out in paragraph 7.8 above, we may make certain types of services available to you. For instance, we may make available to you, in connection with your participation in any Online Content and Courses, chat room services that allow you to communicate with our staff members and/or staff members of our Course Providers so that you may ask questions about the academic materials in the Online Content and Courses or about your general experiences on the Website.

7.10 You acknowledge and agree that the services set out in paragraphs 7.6 to 7.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.

7.11 Any Learner Content that is published on the public discussion areas of the Website (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence. We will not make available any Learner Content related to your assignments or assessments.

8. Online Courses/Content provided by Courser Providers/Lecturers

8.1 Throughout your use of the Website, Courses and Content, we provide you (if you choose to become a course provider/lecturer) with the ability to provide content in the form of online classes, uploading background course materials, notes and replies, Learner discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Website or Online Content and Courses, e.g., written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Course Provider Content”).

8.2 We do not claim ownership of any Course Provider Content you may submit or make available for inclusion on the Website or Online Content and Courses. The Course Provider/Lecturer will be the sole and exclusive owner of any and all rights, title and interest in and to the Content.

8.3 With respect to any Content you submit to us (including, but not limited to, for inclusion on the Website or Online Content and Courses) or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Course Provider Content on the Website and/or in the Online Content and Courses or otherwise exploit the Course Provider Content, with the right to sublicense such rights for any purpose associated with the provision of the Website and the Online Content and Courses. We reserve the right to remove any Courses without notice at any time and for any reason.

8.4 To the extent that you provide any Online Courses, you represent and warrant that:

(a) you have all necessary rights, licences and/or clearances to provide such Content and permit us to use and publish such Content as provided in paragraph 8.1 to 8.3 above;

(b) such Content is accurate and complete to the best of your knowledge and belief;

(c) as between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Content; and

(d) such use and/or publication of your Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.

8.5 With respect to any submissions of Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

8.6 The Website and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, provide assignments or send similar messages and communications to third party service providers, your students/Learners and/or us.

8.7 You agree to use communication methods available on the Website and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms and our Privacy Policy.

8.8 By using any of the communications methods available on the Website and/or the Online Content and Courses, you agree that:

(a) all communications methods constitute public, and not private, means of communication between you and the other party or parties;

(b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and

(c) most content will be reactively moderated if flagged by Learners or Visitors but we reserve the right to pre-review or post-review Content to ensure that it complies with generally acceptable standards of communication.

8.9 Additionally, through such communication methods set out in paragraph 8.8 above, we may make certain types of services available to you. For instance, we may make available to you, in connection with your participation in any Online Content and Courses, chat room services that allow you to communicate with our staff members and/or your students so that you may ask questions about the academic materials in the Online Content and Courses or about their general experiences on the Website and progress in your course.

8.10 You acknowledge and agree that the services set out in paragraphs 8.6 to 8.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.

8.11 Any Content that is published on the public discussion areas of the Website (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence.

9. FINTECH Circle Institute’s Intellectual Property Rights

9.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remains the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 6 above.

Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Course Providers/Lecturers providing the Online Content and Courses.

9.2 Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“FINTECH Circle Institute IPR”).

9.3 If any Online Content and Courses IPR or FINTECH Circle Institute IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or FINTECH Circle Institute IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or FINTECH Circle Institute IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Website.

9.4 You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses IPR and/or FINTECH Circle Institute IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.

10. Your responsibility for others who access our website using your device or internet connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

11. Other documents governing your use of our website

11.1 In addition to these Terms of Use, your use of our website is also governed by the following documents:

(a) Our privacy policy, which is available at https://institute.fintechcircle.com/privacy. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

(b) Our cookies policy, which is available at https://institute.fintechcircle.com/privacy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

11.2 By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.

11.3 If you do not agree to the terms set out in these Terms of Use, you must not use our website.

12. Availability of our website

12.1 We make no representations and provide no warranties that:

(a) the website will be made available at any specific time or from any specific geographical location;

(b) your access to the website will be continuous or uninterrupted; or

(c) the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

12.2 We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

12.3 Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.

13. Changes we may make to these Terms of Use and other documentation

13.1 We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

(a) to reflect any changes in the way we carry out our business;

(b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;

(c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;

(d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or

(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

13.2 If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.

13.3 By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.

13.4 You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

13.5 The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.

14. Your account details

14.1 If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.

14.2 Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.

14.3 You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

14.4 We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.

14.5 If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at info@fintechcircle.com

15. Ownership of material on our website

15.1 All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

15.2 The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

16. Information and content on our website provided on non-reliance basis

16.1 Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.

16.2 The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

16.3 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

17. Permitted use of materials on our website

17.1 The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

17.2 Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

17.3 You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

17.4 Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

18. Prohibited uses of our website

18.1 You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.

18.2 You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

18.3 You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

(a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

(b) for any fraudulent purposes whatsoever;

(c) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;

(d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

(e) to communicate with, harm or attempt to harm children in any way; or

(f) in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

18.4 You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:

(a) under the age of 18; or

(b) if they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.

18.5 You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

18.6 If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

19. Viruses and other harmful content

19.1 We do not guarantee that our website does not contain viruses or other malicious software.

19.2 We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

19.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

19.4 You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

19.5 You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.

19.6 You must not attempt to perform any denial of service type attack on our website.

19.7 You must not perform any action which would contravene the Computer Misuse Act 1990.

19.8 We may report any breach or suspected breach of this clause 19 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

20.1 Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

20.2 Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

21. Links to our website

21.1 You may not link to our website without our prior written consent.

21.2 Where you have obtained our consent to link to our website:

(a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;

(b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

(c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

21.3 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

22. EXCLUSIONS AND LIMITATIONS OF LIABILITY

22.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

22.2 SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

(a) YOUR USE OF OUR WEBSITE;

(b) ANY CORRUPTION OR LOSS OF DATA;

(c) ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);

(d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;

(e) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;

(f) ANY LOSS OF REPUTATION OR GOODWILL;

(g) ANY LOSS OF SAVINGS;

(h) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

(i) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

22.3 WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

22.4 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

22.5 YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

22.6 To the extent that any of the provisions of this clause 22 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

23. INDEMNIFICATION

23.1 You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

(a) your uploads, access to or use of the website;

(b) your breach or alleged breach of these Terms of Use;

(c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

(e) any misrepresentation made by you.

23.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

24. DISCLAIMERS

24.1 THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

(a) THE SERVICE;

(b) THE WEBSITE CONTENT;

(c) USER CONTENT; OR

(d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

24.2 WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

24.3 BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

24.4 WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

25. AGE RESTRICTIONS ON USE OF OUR WEBSITE

25.1 Our website and any products or services available on or via the website are not intended for use by individuals under the age of 18.

25.2 IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.

25.3 We do not knowingly or intentionally process information about any individual under the age of 18.

26.1 It is our policy that any content included on the Website or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.

26.2 If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing a Copyright Infringement Notice to learn@FINTECHCircle.com, containing at a minimum the details outlined in section 10.4 below.

26.3 We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.

26.4 When you notify us, your written Copyright Infringement Notice must contain the
following:

· a statement telling us you believe that you have found content on the Website
which you believe infringes your intellectual property rights;

· which country your intellectual property rights apply to;

· the title of the content concerned and the full URL for access to that content;

· a statement explaining how the content infringes your intellectual property rights;

· your mailing address, telephone number and email address so that we can
contact you;

· a statement that the information contained in the notice is accurate and that you
are the owner of the intellectual property rights or have an exclusive right in law
to bring infringement proceedings in respect of its use; and

· your signature (an electronic signature is sufficient).

27. Credit and logo

27.1 The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.

27.2 These Terms of Use are based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit www.gdprprivacypolicy.org

27.3 Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.

28. Other Important Terms

28.1 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.

28.2 Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.

28.3 We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.

28.4 These Terms and the Privacy Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

29. Governing law and jurisdiction

29.1 These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

29.2 The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

Last updated 9 May 2018

We will empower Finance professionals to acquire the necessary digital understanding and entrepreneurial skills to play a leading role in the future of Banking, Insurance and Asset Management globally. Make technology disruption work for you by being a step ahead!

Susanne Chishti CEO, FINTECH Circle & FINTECH Circle Institute

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