These Terms and Conditions together with the booking form comprise the agreement by which The ExP Group (ExP) provides online courses to you, the client. The term courses shall include courses, tests, study material and such items as included by ExP on the online course portal.

Please read these Terms and Conditions carefully before purchasing an online course and print off a copy for your records. By ordering a Course, you are confirming your agreement to be bound by these Terms and Conditions.

1 Payment terms

1.1 All booking forms must be accompanied by payment in full or the employer or sponsor's authorisation to be invoiced directly.

1.2 Where the employer or sponsor has agreed to pay, full payment will be due in accordance with the terms agreed by the employer.

1.3 ExP reserves the right to cancel any online course if full payment is not received by the employer or sponsor by the agreed due date.

2 Booking and registration

2.1 It is the responsibility of the person making the booking to ensure that the selected courses are appropriate for their needs.

2.2 Any change in the client's contact details must be notified to ExP in writing.

2.3 ExP does not accept responsibility for registering clients with professional bodies or entry for the relevant written exams. The client holds full responsibility with regard to any fees and deadlines associated with their professional exams. ExP is not responsible for making any registration to the professional bodies on behalf of the client, of making any payment to the professional bodies on behalf of the client or of informing the client on any deadlines or fees related to the professional bodies. All such activities are the sole responsibility of the client.

2.4 Courses and study materials are not transferrable between clients.

2.5 If an individual has registered on a course for a particular paper and has not accessed that course, they may switch their course to another paper with the same expiry date as their original course. If the course they are switching to has a higher fee than the original course the difference will be payable. A £50 administration fee per paper switched will be charged. Individuals wishing to change courses should email info@theexpgroup.com.

2.6 Any pricing, promotions or discount codes can be changed or withdrawn by ExP without notice.

3 Online courses and resources

3.1 Online resources and study support will be provided for the period shown on the booking form. Online access will not be extended unless the pass guarantee function outlines at section 4 is applicable.

3.2 Online study materials will be available after payment has been made by the client or in the case of employer funded courses after the courses have been approved by your employer.

3.3 If a client wishes to cancel an online course, the full fee will be refunded provided the online course has not been accessed by the client and the request for cancellation is made within 7 days of booking. No refunds will be made for any other reason.

3.4 ExP reserves the right to cancel, reschedule or change the online course without penalty if considered necessary. ExP undertakes to inform clients as soon as the change is made and clients may book an alternative course at no extra charge, or receive a full refund or credit against future courses.

3.5 Any demo course provided by ExP will be subject to withdrawal by ExP at any time at the absolute discretion of EXP.

3.6 ExP operates a fair usage video views policy. The maximum number of times an individual video can be viewed on a course is 10.

3.7 ExP operates a fair usage policy for asking questions to tutors. The maximum number of questions which can be asked to a tutor on a course is 10.

3.8 From time to time ExP may run promotions which may involve promotional pricing for products and/or territories. The content of these promotions are at the absolute discretion of ExP and may or may not include different components of the course as ExP sees fit. These promotions can be withdrawn at ExP's discretion.

4 Pass Guarantee scheme

4.1 Clients who meet the following conditions and who fail their exam will be eligible for a free online course for the paper they failed provided the following conditions were present:

The client completed all of their online course in advance of the real exam.
The client achieved a mark of at least 30% in their course tests.
The client did not attempt more than 3 exams in that particular exam sitting.

4.2 Any new or additional study materials will be charged at the published price.

4.3 Clients will be asked for proof of their exam results when making a claim.

4.4 The pass guarantee scheme is not transferable between clients.

4.5 The pass guarantee scheme is not transferable between subjects.

4.6 No cash alternative or refund will be given in the event that a client is unable to attend the free online course for any reason.

5 Intellectual property

5.1 The copyright in and all other intellectual property rights relating to the online course (information, software, training material content, data and documentation) provided to the student are owned exclusively by and hereby reserved to ExP and/or its party licensors. ExP hereby grants to the student a non-exclusive, non-transferable, non-sublicensable licence to use ExP's products for personal study purposes only.

5.2 Under no circumstances may the whole or any part of the materials be produced or copied in any form or by any means or translated into another language by the Client without the prior written permission of ExP.

5.3 The client shall not delete, amend, alter or deface any confidentiality or proprietary notices on the Course Materials

5.4 The client agrees to fully indemnify ExP in respect of any infringement of intellectual property right as contained in section 5.

6 Liability

6.1 The liability of ExP for direct losses arising out of its negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this agreement is limited to the value of monies received from the client (or their employer) for the course.

6.2 ExP shall not be liable for any consequential or indirect loss, howsoever arising.

6.3 The ExP online course is designed to provide support for students studying for identified professional qualifications. The information on the Course is provided without any warranty of any kind, either express or implied. Whilst best endeavours are undertaken to ensure that the content of the Course including but not limited to notes, technical articles, videos and blog entries are technically correct, there is no warranty in any respect to the accuracy or completeness of the content. All examples presented in the Course are for information and educational purposes only and should not be applied to a specific real life situation without prior advice. Given the nature of information presented in these materials, and given that legislation may change at any time, no liability will be present for any information presented in these materials as to its application to any specific cases.

7 Connecting to your online course.

7.1 In order to connect to the ExP online courses, the client will need access to the internet with a suitable up-to-date internet browser.

7.2 Any internet usage fees are the responsibility of the client.

7.3 ExP specifically takes no responsibility for any slow internet or bandwidth issues that the client may face in using the online portal.

7.4 There is no guaranteed uptime on the online courses and ExP reserves the right for the online course to be unavailable due to maintenance or technical issues. Every effort will be made to ensure that such maintenance takes place at non-peak times although this cannot be guaranteed.

8 Data protection

8.1 The client agrees to allow ExP to retain information and use it to:
- communicate with the client to perform their obligations under this agreement;
- inform clients about their courses, products and services which may be of interest;
- provide feedback to clients on their progress and exam performance;
- communicate with the client's employer or university/college regarding their progress, results and attendance where the employer or university/college funded the course;
- communicate details of the registration and exam results with the relevant professional body for the purpose of ExP obtaining or maintaining accreditation status with the professional body.

8.2 Clients have the right to receive details of personal information held about them based on a written request at info@theexpgroup.com.

8.3 If the client does not wish to receive correspondence from ExP a written request should be made to info@theexpgroup.com.

8.4 If the client wishes to restrict ExP processing their information they should make a written request to info@theexpgroup.com.

8.5 ExP is registered with the Information Commissioner's Office in the UK in their Register of Data Controllers under registration reference ZA497707. More details about the Information Commissioner's Office can be found at www.ico.org.uk.

9 Validity

9.1 If any provision of this agreement is held to be invalid or unenforceable the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

10 Jurisdiction

10.1 This agreement shall be governed and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts for the determination of disputes arising under this agreement.

11 Privacy

11.1 ExP believes that the responsible use of personal information collected on its Web sites is critical to its business objectives and reputation. As part of our commitment to privacy, we have adopted this Online Privacy Statement.

11.2 Some of our Web sites may invite you to register and provide information about yourself. We only use your personally identifiable information to respond to your requests and to personalize your online experience and to deliver the content most suited to your needs. You will be provided with an opportunity for you to delete your registration information should you no longer wish to receive information from us.

11.3 In addition, “cookies” (i.e. small text files placed on your computer when you first visit the site) are used on some of our Web sites. Most browsers now recognize when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer, your company’s technology help desk or your Internet service provider. Cookies are primarily used to enhance your online experience. If you visit our sites to read and download information, such as timetables and articles, much of the information we may collect is statistical only (e.g., the domain from which you access the Internet, the date and time you access our site,the Internet address of the Web site from which you linked directly to our sites) and not personally identifiable. We use this information about the number of visitors and their use of the sites in aggregate form to make our sites more useful and attractive to you. The personal information you provide to us will be retained only for as long as necessary to fulfill the purposes for which the information was collected and as required by law. We do not share personal information with third parties except as necessary to carry out our business and as required by law or other legal processes.

11.4 Furthermore, personal data collected by ExP may be transferred to other ExP group businesses where it is necessary to meet the purpose for which you have submitted the information. By submitting data through ExP electronically, you are providing explicit consent to trans-border transmission of data collected via ExP's Web sites.

11.5 In addition, ExP has technological and operational security policies and procedures in place to protect your personally identifiable information and loss, misuse, alteration or unintentional destruction. Our personnel who have access to the data have been trained to maintain the confidentiality of such information. ExP recognizes its responsibility for protecting the online privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at info@theexpgroup.com. You may also use this address to communicate any concerns you may have regarding compliance with our Online Privacy Policy.

12 Legal disclaimer

12.1 The entire contents of the site are subject to copyright with all rights reserved. The use of information on the site is at the user’s own risk. You may download and print individual sections of the site for personal use and information only provided you retain all copyright and other proprietary notices. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the site without the prior written permission of ExP.

12.2 The information on the site is provided without any warranty of any kind, either express or implied. Whilst ExP will undertake its best endeavors to ensure that the content of the website including but not limited to notes, technical articles, videos and blog entries are technically correct, ExP does not warranty in any respect the accuracy and completeness of the content.

12.3 All examples presented in the course materials on the website are for information and educational purposes only and should not be applied to a specific real life situation without prior advice. Given the nature of information presented in these materials, and given that legislation may change at any time, The ExP Group will not be held liable for any information presented in these materials as to its application to any specific cases. The ExP Group does not warranty that the contents of this site are up to date.

12.4 In no event will ExP be liable for any loss or damage of any kind including, without limitation, any direct, special, indirect or consequential damages, even if expressly advised of the possibility of such damages, arising out of or in connection with the use of, performance of, your browsing in,your links to other sites, this site. Save that nothing shall exclude or limit ExP’s liability for fraud or for death or personal injury caused by its negligence or any other liability to the extent that the same may not be excluded or limited as a matter of law.

12.5 You must not transmit any virus, "worm", "Trojan horse", or other item of a destructive nature to this site and it is your responsibility to ensure that whatever you download for your use from the site is free from such items.

12.6 This site may offer links to other sites – they enable you to leave this site. The linked sites are not under the control of ExP and ExP accepts no responsibility or liability arising from access to any linked site. ExP is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by ExP of the site or the content of the site.

12.7 Information provided on the ExP website and portals may include details provided by professional bodies, clients and/or students. Any information from 3rd parties which is shown on the ExP website and / or portals is based on the information received from these 3rd parties. ExP has no control over and assumes no responsibility whatsoever with regard to the accuracy of any of this information.

12.8 This site shall be governed by, and your browsing and use of the site shall be deemed acceptance of the treatment under the jurisdiction of the laws of England and Wales. A condition of using the site, is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English courts and waive any objection to proceedings in such courts on the grounds of venue and on the grounds that the proceedings have been brought in an inconvenient forum.

12.9 Each time you use the site, a condition of use is that you comply with these terms and access to this site is confirmation that you have understood and accepted these terms.

ACCA LWGLO - Corporate and Business Law (GLO) (valid from today until 1 Sept 2022)