These are applicable to all ACCA Qualification students who have access to EPSM and all users who have access to Foundations in Professionalism (FIP)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING ACCA ETHICS
Last updated: August 2024
1. WHAT ARE THESE TERMS?
1.1 These terms and conditions (the “Conditions”) apply to the use of our learning management system (referred to as “ACCA Ethics”), which allows you to access and to undertake the ACCA ethics modules and to access study materials. These Conditions also apply to any other resources made available to you by us online via ACCA Ethics, such as courses, certificates and study materials (the “Resources”). Please read these Conditions carefully as they form a legally binding agreement between you and us in relation to your use of ACCA Ethics.
1.2 Each time you use ACCA Ethics or the Resources in any way, you confirm that you accept these Conditions and that you agree to comply with them. If you do not agree to these Conditions, you must not use ACCA Ethics.
1.3 These Conditions apply to all users of ACCA Ethics.
2. WHO WE ARE AND HOW TO CONTACT US
2.1 ACCA Ethics is operated by the Association of Chartered Certified Accountants, an association incorporated by Royal Charter in England and Wales under number RC000732 and whose principal place of business is at The Adelphi, 1-11 John Adam Street, London WC2N 6AU (“ACCA”, “we” or “us”).
2.2 To contact us, or if you need support in using ACCA Ethics, please use the following link: Contact Us
2.3 You may contact us 9am – 5pm UK local time, Monday to Friday (excluding all UK public holidays).
2.4 If we contact you, we will do so by writing to you at the email address you provided to us, or through the messaging system on ACCA Ethics.
3. USING ACCA ETHICS
3.1 We licence use of ACCA Ethics and Resources to you on the basis of this Licence. We do not sell ACCA Ethics and Resources to you. We remain the owners of ACCA Ethics and Resources at all times.
3.2 By accepting these Conditions you agree to abide by the Licence terms under which we grant you a non-exclusive, non-transferrable licence to use the ACCA Ethics and resources on the conditions set out in sections 3.3 and 3.4.
3.3 When using ACCA Ethics, you must:
3.3.1 comply with all applicable laws;
3.3.2 comply with these Conditions;
3.3.3 only use ACCA Ethics for its intended purpose, i.e. access the Resources to undertake the Ethics Modules;
3.3.4 notify us if you become aware of any unauthorised access to ACCA Ethics; and
3.3.5 where applicable, keep a secure password for your use of ACCA Ethics and Resources and keep that password confidential.
3.4 When using ACCA Ethics, you must not:
3.4.1 store, distribute, upload or transmit to ACCA Ethics, our servers or our systems, any viruses, malicious code (including trojans, worms and logic bombs) or other material, files, scripts, agents or programs that is malicious or technologically harmful to ACCA Ethics;
3.4.2 use ACCA Ethics to store or transmit material that breaches or otherwise misappropriates any intellectual property rights of a third party;
3.4.3 upload to ACCA Ethics any material, or act in a way that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) is discriminatory based on age, race, gender, gender reassignment, maternity or pregnancy, religious belief, sexual orientation, marital or civil partnership status, disability; or
(f) is otherwise unlawful or causes damage or injury to any person or property;
3.4.4 attempt unauthorised access to ACCA Ethics, the server on which ACCA Ethics is hosted or any server, computer or database connected to ACCA Ethics;
3.4.5 attempt to copy, duplicate or modify any part of ACCA Ethics or the Resources (except where you are expressly permitted to do so by law);
3.4.6 attempt to rent, lease, sub-license, loan, translate, merge, adapt, vary, reverse compile, disassemble or reverse engineer any part of ACCA Ethics;
3.4.7 knowingly or recklessly cause ACCA Ethics or our systems to crash or be overloaded; or
3.4.8 provide or otherwise make available ACCA Ethics or the Resources in whole or in part, in any form to third parties
3.4.9 access all or any part of ACCA Ethics or the Resources in order to create derivative works or build a product or service which competes with or is substantially similar to ACCA Ethics or Resources.
3.4.10 use, post, share or display all or any part of the material from ACCA Ethics or the Resources on any public or social media sites, such as YouTube or FaceBook for personal use, student community blogs/vlogs, tutoring or similar purposes.
3.5 You acknowledge and accept that if you breach any of the use restrictions outlined in section 3 of these Conditions, or if ACCA (at its discretion) has reasonable grounds to believe that you have failed to use ACCA Ethics in accordance with its purpose, you may become liable to disciplinary action pursuant to Bye-Law 8 of the ACCA Rulebook.
3.6 You are responsible for configuring your information technology, computer programmes and platform to access ACCA Ethics. You should always use your own virus protection software.
3.7 If you are a member, affiliate or student, you are responsible for ensuring the email address used to create your MyACCA account is kept up-to-date and accurate at all times. If you fail to do this, you may not receive notifications or communications from us about your account or ACCA Ethics. You can update your email address by contacting us using following link: Contact Us
3.8 We may suspend or withdraw or restrict the availability of all or any part of ACCA Ethics for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal where this is possible.
3.9 We may also suspend your use of ACCA Ethics if you breach any of the use restrictions outlined in this section 3 of these Conditions.
3.10 You will be removed as a user from ACCA Ethics if you are (i) ordered to be removed from the ACCA student register following a decision of ACCA’s Disciplinary or Appeal Committee or (ii) removed from the student register for any other reason.
4. YOUR PERSONAL DATA
4.1 Your privacy is important to us. Please see our Privacy Policy at accaglobal.com/privacy for more information on how we use your personal data.
5. ACCOUNT SECURITY
5.1 If you are a member, affiliate or student, in order to make use of ACCA Ethics, you will need to use your ACCA log in credentials. All other users will need to use bespoke log in credentials to make use of ACCA Ethics.
5.2 You must treat your account details as confidential and not disclose them to any third party. If you know or suspect that anyone other than you knows your password or any other details that may allow access to your account, you must promptly notify us using the following link: Contact Us
6. MATERIALS AND CONTENT
6.1 We are the owner or the licensor of all intellectual property rights in ACCA Ethics, and in the material published on it (including the Resources). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You acknowledge that all intellectual property rights in ACCA Ethics and the Resources anywhere in the world belong to us, that rights in the ACCA Ethics are licensed (not sold) to you, and that you have no rights in, or to, the ACCA Ethics or the Resources other than the right to use them in accordance with the terms of this Licence.
6.2 Our status (and that of any identified contributors) as the authors of content on ACCA Ethics must always be acknowledged.
6.3 You hereby grant and shall grant to us a perpetual, worldwide, fully paid-up, non-exclusive, sub-licensable through multiple tiers of licensee (including to our sub-contractors, as necessary) licence under your rights (including intellectual property rights) to any material published or otherwise entered into or uploaded to ACCA Ethics by you, for the purpose of providing ACCA Ethics and the Resources.
6.4 You warrant that you have obtained all rights, licences, consents, permissions, power and/or authority necessary for any material that you published or otherwise entered into or uploaded to ACCA Ethics and to be able to provide the licence under section 6.3. You further warrant that any such material as used in conjunction with ACCA Ethics, will not infringe the Intellectual Property Rights of any third party.
7. WE MAY MAKE CHANGES TO ACCA ETHICS AND THESE CONDITIONS
7.1 We may update and change ACCA Ethics, the Resources and/or these Conditions from time to time to reflect changes to relevant laws and regulatory requirements, or if the amendment will not materially affect the nature or quality of the operation of ACCA Ethics. We may also modify the features and functionality of ACCA Ethics.
7.2 We will make reasonable efforts to notify you in a timely manner of material changes which are likely to affect you. If you do not agree with the changes, you may cease use of ACCA Ethics. Continued use of ACCA Ethics after such changes have taken effect shall be an acknowledgement of your acceptance of any changes to these Conditions.
8. OUR LIABILITY TO YOU
8.1 Where you are a consumer, you have certain rights under the law, including that we will provide ACCA Ethics using reasonable skill and care and within a reasonable time. Nothing in these Conditions is intended to affect these legal rights. Where you are not a consumer, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
8.3 If we breach these Conditions, we shall only be liable to you for losses which are a reasonably foreseeable consequence of such a breach (which means that the losses could have been contemplated by you or us at the time of entering these Conditions) and subject to any limitations or exclusions set out in these Conditions. In no case shall we be liable for indirect, incidental or consequential damages which are a side effect of the main damage and were not reasonably foreseeable at the time of entering these Conditions, unless such exclusion is prohibited by law.
8.4 Subject to section 8.2, we will have no liability to you for any loss of profit, loss of business, business interruption, wasted expenditure, loss of data or other information or loss of business, goodwill, reputation or other opportunity.
8.5 You acknowledge and agree that we are not responsible for any damages, losses, expenses or claims which may be caused by any failure of any telecommunications or other data transmission system and/or any events, circumstances, acts and omissions which are outside of our reasonable control.
8.6 You acknowledge that certain content and information made available via ACCA Ethics is provided by third parties. Whilst we use reasonable efforts to correct any inaccuracies, errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that any information provided as part of ACCA Ethics will be accurate, or free from errors or omissions.
8.7 Whilst we use reasonable endeavours to provide ACCA Ethics reliably, outages and unexpected downtime will occur. We do not make any guarantee of uninterrupted or error or bug-free service. Access to ACCA Ethics may be suspended temporarily and without notice in the case of system failure, malfunction, maintenance or repair or due to circumstances beyond our reasonable control.
8.8 The information and other content provided as part of ACCA Ethics does not constitute any kind of advice, recommendation or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision.
9. WHICH LAWS APPLY TO THESE CONDITIONS (INCLUDING ANY DISPUTES)?
9.1 This Licence and these Conditions of use, their subject matter and their formation (and any non-contractual disputes or claims), are governed by the laws of England. You and ACCA irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
9.2 Where you are a consumer, you will also benefit from any mandatory provisions of the law (including where you may bring legal proceedings) of the country in which you are resident. Nothing in these Conditions, including this section 9, affects any rights you may have as a consumer to rely on such mandatory provisions of local law.
10. MISCELLANEOUS
10.1 We may transfer our rights and obligations under these Conditions to another organisation. We will use reasonable endeavours to tell you in writing if this happens. If you are unhappy with the transfer you must stop using ACCA Ethics.
10.2 This contract is in place between you and us. No other person shall have any rights to enforce any of its terms.
10.3 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.4 If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking these Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.