Terms of Service
The Chartered Institute of Loss Adjusters - Terms and Conditions for the Sale of and/or Provision of Goods and Services and Use of the Website
Please read these terms and conditions carefully as they affect your legal rights and set out the terms and conditions on which we, The Chartered Institute of Loss Adjusters ("us", "we", "CILA", "Chartered Institute of Loss Adjusters"), sell and/or provide goods and services and will allow you to use this website (the "Website" which for the avoidance of doubt includes any restricted area which is accessed by CILA members, registered users or subscribers) and the information contained within it.
All goods and services sold and/or provided by the CILA which also include those provided free of charge to customers from time to time whether purchased online through the Website or offline by telephone or paper order shall be and are subject to these terms and conditions and any reference to purchasing goods and services on the Website shall refer in equal measure to any such goods or services purchased offline.
The Website is also offered to you conditional on your agreement with these terms and conditions and your continued use of it signifies agreement with them in their entirety.
Purchasing Goods and Services
1. We offer the opportunity to purchase certain goods and services on the Website and offline, which includes via brochures and other printed publications produced by the CILA from time to time (referred to in these Terms and Conditions as "Offline"), including application, registration and payment for examinations, study material and courses.
2. Any descriptive matter or advertising produced by us and any descriptions or illustrations contained in our brochures or other printed publications are produced for the sole purpose of giving an approximate idea of the goods or services described in them. They shall not form part of any contract with you or have any contractual force.
3. If we accept your offer and agree to enter into a contract with you, we will keep a record of the transaction for a period of 6 years.
4. The Price means the price for the goods or services inclusive of VAT. Prices quoted on our Website and Offline are in pounds sterling. Where relevant, Standard delivery charges will be applied at the checkout (for web purchases) and are detailed on the relevant application form (for Offline purchases). Expedited deliveries may incur additional postage charges which will be agreed in advance with you.
Payment and Title
5. When you offer to purchase any goods or services from us on the Website by clicking the 'Submit' button or Offline by telephone or by paper application form, , you agree to these Terms and Conditions. By completing and submitting the electronic order form/ paper application form or ordering by telephone you are making an offer to purchase goods or services which, if accepted by us, will result in a binding contract. We reserve the right to refuse your order and in which case you will be notified accordingly. Where accepted by us, any such contract constitutes the entire agreement with you and you are acknowledging that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf in accordance with these Terms and Conditions.
6. The Price may be paid by credit or charge/debit card (some paper orders and overseas orders are payable by cheque or bankers draft). The Price will be deducted from your card if and when we have accepted your order. If your order is not accepted by us we will inform you.
Cancellation and Termination
7. In accordance with The Consumer Protection (Distance Selling) Regulations 2000 you have a right of cancellation in respect of goods and services. This right (subject to the Regulations) expires seven working days from the day after the date on which either written confirmation for the goods and services is received by you or your order for goods and services is accepted by the CILA. Please note: No refund or request to cancel goods or services may be made after this period has elapsed. Should you wish to cancel, notice should be sent to the CILA, . Where goods have been supplied to you prior to such cancellation they must be returned to us, in the condition in which they were supplied to you, at your expense. Reimbursement for any monies paid by you which relate to the cancellation will be sent to you within 30 days of receiving the notice of cancellation or if goods are to be returned to us, within 30 days of their receipt.
8. Examinations and courses are subject to cancellation and re-scheduling at our discretion. If an examination or course is cancelled or re-scheduled we will inform you of this as soon as possible. If an examination is cancelled we will offer you a place on an alternative examination or course. If this alternative examination or course is not suitable you will be given the option to cancel the contract, and we will credit the price paid by you to your card (or the same method as original payment) as soon as possible. We shall not be liable for any additional loss or damage.
9. We may (at our option) suspend performance of the services or terminate the contract at any stage if it appears to us that you have not complied with these Terms and Conditions.
10. We reserve the right to cancel, suspend or vary the operation of our obligations to you if events occur which are in the nature of force majeure including (but without prejudice to the generality of the foregoing) fire, flood, storms, plant breakdown, strikes, lock outs, riot, hostilities, terrorism, armed conflict, malicious damage, non-availability of material or suppliers or any other event outside our reasonable control; and we shall not be held liable for any breach of contract or in tort resulting from such an event.
Warranties and Liability
11. We will perform any services with reasonable skill and care. Except as otherwise provided in these Terms and Conditions, and except where goods or services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Conditions Act 1977), all warranties, representations and undertakings, whether express or implied, statutory or otherwise, including but not limited to warranties of satisfactory quality, accuracy, fitness for a particular purpose and of non-infringement of the rights of a third party, are hereby excluded to the fullest extent permitted by law. Where goods or services are sold to a person dealing as a consumer, nothing in these Terms and Conditions shall affect his or her statutory rights.
12. Our liability (if any) under these Terms and Conditions in respect of any defect in the goods or services or of any duty owed to you under the Terms and Conditions will be limited to the Price paid by you or, if higher, the amount available under any responding insurance policy.
13. The above limitations do not apply in the case of death or injury to any person.
Limitation of Liability and Disclaimers
14. We do our best to ensure that the information in the Website and our Offline publications is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of that information and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further agreement we may make with you in writing.
15. The information provided by the CILA website is general in nature and is not intended as expert advice, or as a guide to insurance, risk or financial services for consumers or meant to substitute for advice provided by a financial adviser or other suitably qualified professional. You are advised to consult with a Financial Adviser or other suitably qualified professional and to check product information for full details, changes and new information regarding any insurance or financial services product. No claims or endorsements are made for any insurance or financial services product in the Website and the CILA disclaims liability for the accuracy of the information contained therein or any consequences of any use or misuse of it to the fullest extent permitted by law. You will indemnify CILA against any and all claims, damages, losses, liabilities and costs arising from and in connection with your use and/or abuse of the Website or user's breach of these Terms and Conditions.
16. Any link (be it a hypertext link or other referral device) either used on the Website (including any restricted area) or described in an Offline publication or is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that have links either to or from the Website or for the legal consequences of your entering into any contracts with the third parties that have these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
17. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
18. Access to and use of the Website is at your own risk and we do not warrant that the use of the Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.
19. Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury.
20. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
21. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
22. If any provision or part-provision of these Terms and Conditions is invalid, illegal or unenforceable, we and you shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. Intellectual Property Rights
23. All intellectual property rights and goodwill relating to the contents of the Website or in Offline publications belong to either ourselves or to our suppliers.
24. In particular, the CILA asserts its ownership of the trade marks displayed in relation to names, exams, qualifications and exam titles (many of which are registered) and nothing contained in these Terms and Conditions or the Website should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any of the trade marks whether online or Offline without our permission. However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained at "Your use of the Website" below.
Vexatious and Abusive Communication and Behavior
25. CILA employees and people undertaking work on behalf of the CILA will not be subjected to harassment and will not engage with customers (either members or non members) who become abusive or whose complaints/enquiries are vexatious. Repeated complaints/enquiries from people who are abusive or vexatious may result in a complaint/enquiry taking longer to complete than necessary. The CILA reserves the right to cease to communicate with a customer about a particular matter, or at all, if communication with the CILA is felt to be abusive or vexatious. The CILA may also take disciplinary action against any member who is found to have demonstrated abusive or vexatious behavior and is in breach of the CILA Guide to Professional Conduct. All forms of communication including email, letter and telephone or face to face conversations, are covered by this provision.
Your use of the Website
26. You may download to a local hard disk and print extracts from the Website solely for personal use.
27. You may not reproduce part or all of the contents of the Website in any form unless it is for personal use.
28. You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).
29. You may not frame or link to the Website or any part of it without our express written permission.
30. Where you have the opportunity to add or post content to the Website (including any restricted area of the Website) you must only do so to send messages and material that is proper and appropriate to it and you shall not do any of the following:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or intellectual property rights where applicable) of others;
(b) publish, post, distribute or disseminate any material which is obscene, indecent or unlawful;
(c) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
(d) upload files that contain software or other material protected by intellectual property laws (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or another's computer;
(f) upload files which contain an active hypertext link to another Website;
(g) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(h) falsify the origin or source of software or other material contained in a file that is uploaded;
(i) download any file posted by another user of the Community Area that you know, or reasonably should know, cannot be legally distributed in such manner.
31. We shall be entitled at any time to delete, remove or suspend the whole or any part of any content which Users add or post to the Website without notice and without incurring any liability.
32. We reserve the right to change the terms and conditions under which the Website is offered at any time. Any such change in these Terms and Conditions will be effective once reflected in the text of the Terms and Conditions and published on the Website. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version.
32. The interpretation, construction, effect and enforceability of this agreement shall be governed by the law of England and Wales, and we and you agree to submit to the exclusive jurisdiction of the English courts for the determination of any dispute or claim (whether contractual or non-contractual) arising out of or in connection with this agreement or its subject matter or formation.
Additional Terms and Conditions
34. Please note the CILA exam policies are detailed at http://www.cila.co.uk/cila/getting-qualified. These policies contain additional terms and conditions and relate in the main to entering for and sitting exams and subsequent issue of exam results. Please note that in entering for any examination with the CILA you agree to be bound by these additional terms and conditions.