Diploma Terms & Conditions
By reserving a place on the Financial Times Non-Executive Director course (the "Course"), you are entering into a financial commitment and a legally binding contract with us, The Financial Times Limited ("FT"), on the terms set out below.
1.1 The completion and submission of an application does not constitute a contract between you and FT until we notify you in writing that we have accepted your application, and shall be subject to these terms.
1.2 If you have not signed the document to accept our terms and conditions, your booking will not be accepted.
1.3 We will only consider applications accompanied by the application fee in force at the time. If your application is unsuccessful for any reason, your application fee will be refunded. If your application is successful, the amount of the application fee paid will be deducted from the full course fee payable.
1.4 By submitting your application you are undertaking to FT that you have never been disqualified as a director in any jurisdiction or rejected or debarred from membership of any professional body.
1.5 All courses are subject to availability and demand. Places are limited and early booking is recommended. Once the maximum number of candidates is reached for a particular session, we will not be able to accept any further bookings for that session. We also reserve the right to cancel a course if there are insufficient numbers, in which case any course fees you have paid will be fully refunded.
1.6 If we accept your application, you will receive a written confirmation of your booking. Joining instructions will be forwarded prior to the start of each of your courses.
1.7 You have the right to cancel your booking by phone or e-mail within 2 working days from the point of booking. If you have paid any course fees to us then you will be entitled to have this refunded to you if you cancel within this time. These will be refunded to you either by bank transfer or by cheque within 10 days of the date of cancellation.
2. Pricing and Payment
2.1 For all places fees are payable within 25 days of our confirming your booking or the start date of the course upon which you are enrolled, whichever is the sooner. We reserve the right to prevent you from attending any of the training sessions or sitting any exam until we have received full payment from you.
2.2 Travel and accommodation are not included in the price of the course.
2.3 Unless the course is cancelled by FT or unless for those reasons as covered in clauses 1.3 & 1.7, all fees are non-refundable. If you fail to attend any tuition sessions or test, the full fee will remain payable.
3. Training Sessions and Examinations
3.1 Appropriate behaviour is expected when you attend a training session or examination or participate in any online group activities We reserve the right to terminate the enrolment of individuals whose behaviour is disrupting the course or is otherwise unacceptable in FT’s reasonable opinion.
3.2 In the unlikely event that FT needs to change or cancel any scheduled training sessions (for example, if a tutor is ill), we will offer you an alternative date.
3.3 Where we have listed the tutors for the course on our website, these are subject to change as tutor availability cannot be guaranteed. Tutor biographies are illustrative of the calibre of staff and do not form part of a contract.
3.4 To qualify and obtain the certificate you must take and pass the examination within twenty months of the end of the course on which you enrolled. You may attempt the exam up to three times.
4. Study Materials
4.1 You agree that FT or its licensors owns the copyright in all of the study materials (which includes assessment papers). You may not copy any of these either in whole or in part, by any method whatsoever, without our prior written permission
4.2 The study materials themselves will become your personal property once we have delivered them to you. You must not allow them to be used by any other person. We will usually provide you with your copy of the study materials at the first workshop or training session.
4.3 All study materials are supplied in the English language only. All assessments must be written in the English language. You will not be entitled to see a copy of any of your marked assessments.
4.5 The Platform on which the course materials are made available is compatible with generally-used internet browser / operating system environments, but you are responsible for ensuring that your computer and internet setup is compatible.
4.6 When the Learning logs and Case studies have been marked, the originals will be returned to you. Any copyright in those materials remains your property. The scripts and the papers for the Financial Controlled Assessment are retained by the FT Approved Centre and are not returned to the candidates.
5. Data Protection
5.2 The names of successful candidates will be published in a congratulatory notice in the FT unless you have notified us that you do not wish your name to be published. We will email all successful candidates with instructions on how to notify us if you do not wish your name to be published.
6. Limitation of Liability
6.1 Our total liability to you in respect of any breach of our obligations under this Agreement or any representation, statement, negligent act or omission arising under or in connection with this Agreement will be limited to any direct damages actually incurred by you and also limited in total to the fees paid by you to us under this Agreement.
6.2 We will not be liable for (a) any indirect, consequential, incidental or special loss or damages whatsoever or (b) for any loss of profits, revenues, income or goodwill or loss of data or anticipated savings arising from this Agreement, in each case whether reasonably foreseeable or actually foreseen and regardless of the cause of action.
6.3 Except as expressly provided in this Agreement no warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition quality performance, durability or fitness for purpose of the course or any of the study materials is given or assumed and all such warranties, conditions, undertakings and terms are hereby excluded to the fullest extent permitted by law.
6.4 Nothing in this Agreement shall operate to exclude or restrict either party’s liability for death or personal injury caused by that party’s negligence; for fraud or fraudulent misrepresentation; or for any liability which cannot be limited or excluded by law.
6.5 Neither party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, civil commotion, third party industrial dispute or interruption to any telecommunication satellite or broadcast service (including without limitation the internet) or third party software used to carry or make available the course or materials to you. If such delay or failure continues for at least ninety (90) days, either party will be entitled to terminate this Agreement by notice in writing to the other.
7. Appeals Process
7.1 Full details of the appeals process are available on request from email@example.com.
8. Extensions and deferrals policy
9.1 We reserve the right to terminate this Agreement on written notice to you if you are in breach of any of its terms, and in the case of a breach capable of remedy, you have not remedied the breach within 14 days of us notifying you of the same.
10.1 These terms and conditions (including any non-contractual obligations arising out of or in connection with these terms and conditions) are governed by English law and are subject to the exclusive jurisdiction of the English courts.
10.2 You may not assign your rights or obligations under this Agreement. FT may transfer its rights and obligations under these terms and conditions to any successor in title to its business or to any entity to which a substantial part of its business is transferred.
10.3 Failure or delay by FT to exercise any of its rights or remedies (full or partial) under these terms and conditions shall not constitute any form of waiver.
10.4 No variation to this Agreement shall be valid unless it is in writing and signed by each party.
10.5 This Agreement is not intended to nor shall it create any rights, entitlements, claims or benefits enforceable by any person that is not a party to it.
10.6 Each provision of this Agreement is severable and distinct from the others. If a provision of this Agreement is, or becomes, to any extent illegal, invalid or unenforceable, it shall to that extent be deemed not to form part of this Agreement but that will not affect the legality, validity or enforceability of any other provision of this Agreement.
10.7 Any notice must be in writing. Notices must be delivered by hand or by recorded delivery or courier, or sent by fax. Any notice shall be deemed to have been served if delivered by hand, at the time and date of delivery; if sent by fax, at the time of the successful fax transmission report; and if sent by recorded delivery or courier, upon the date of receipt (as evidenced by signature).
10.8 This Agreement constitutes the entire agreement, and supersedes any previous agreements between the parties relating to the provision of the course or any materials.
10.9 If you have any queries in relation to this Agreement, please contact firstname.lastname@example.org.