1. WHAT THESE TERMS COVER
   1. These are the terms and conditions (Terms) on which we provide The Certificate in Operational Risk Management (CORM) course information and materials (Online Course and Content) to you, which are available on our website at ‘https://www.ior-institute.org/education’ (our Site).
   2. In these Terms, references to “you” or “your” are references to you as a registered student member (IOR Student).
   3. Why you should read them. Please read these Terms carefully before you become an IOR Student. You agree to be bound by these Terms on registering on our Site as an IOR Student. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
   1. Who we are. In these Terms, references to “we”, “us”, or “the Company” are to IOR Enterprises Limited registered in England and Wales (company number 09954828) whose registered office address is at 2nd Floor, Sackville House, 143 – 149 Fenchurch Street, London, EC3M 6BN. In these Terms references to the “IOR” are to The Institute of Operational Risk registered in England and Wales (company number 05011746) whose registered office address is at 2nd Floor, Sackville House, 143 – 149 Fenchurch Street, London, EC3M 6BN.
   2. How to contact us. If you have any questions about these Terms or wish to contact us for any reason please contact us at any time by email at studentqueries@theirm.org
   3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on registration.
   4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. PROVISIONS INCORPORATED BY REFERENCE
   1. You are required at all times to comply with the IOR rules, policies and procedures in force from time to time including those contained in the Student Handbook.
   2. Please read the Terms carefully before you register as an IOR Student. The Terms are in addition to our policies, including our “privacy” and “cookie” policies and our Site “terms and conditions”. If you do not agree to these Terms, you cannot become an IOR Student.
   3. You will need to register (in accordance with clause 12) with an exam provider during the CORM course and you agree to be bound by any terms and conditions of the exam provider.
   4. As an IOR Student, you agree to behave in accordance with these Terms, the IOR Code of Conduct, IOR’s Articles of Association, IOR Policy Handbook and the IOR Member Handbook. If you fail to do so, it could lead to disciplinary action and could affect your ability to continue studying or complete your professional examinations.
   5. If there is a conflict between these Terms and any one or more of the documents set out in clause 1 to clause 3.4 (inclusive), these Terms shall prevail.
4. MEMBERSHIP RIGHTS AND CODE OF CONDUCT
   • When you register as an IOR Student and receive confirmation from the IOR that you have been registered, you become an IOR Student and an Associate Member of the IOR (IOR Member), unless you are already an IOR Member in which case you shall maintain your current IOR member status, and you can describe yourself as an ‘IOR Student’ and/or an ‘IOR Member’.
5. STUDENT REGISTRATION AND ACCOUNT
   1. You may register with the IOR through our Site as an IOR Student at any time by completing the online IOR Student application.
   2. How we will accept your application. Our acceptance of your IOR Student application will take place when we email you to accept it, at which point a contract will come into existence between you and us.
   3. You will not be registered as an IOR Student until payment of the CORM course fee has been received by or on behalf of the Company in full in accordance with clause 8.
   4. Once you have registered as an IOR Student you will get access to the Virtual Learning Environment where you will find the course and course materials.
6. YOUR PERSONAL INFORMATION
   1. You may be prompted or required to enter 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. This information shall be processed in accordance with our Privacy Policy.
   2. You undertake to us that all information provided by you in relation to your application is accurate, current and complete at the time it is provided and that at all times during the CORM course, you will maintain and update your information with us to keep it accurate, current and complete. You confirm and agree that if your personal details change during the CORM course you shall notify us as soon as practically possible.
   3. You acknowledge that if any information provided by you in relation to your application is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your access to and use of our Site and your enrolment on the CORM course.
7. PASSWORDS AND SECURITY
   1. You agree that you will never divulge or share access or your access information (including any log-in details or password) to the VLE with any third party for any reason. You shall use all reasonable efforts to keep your username and password confidential. You acknowledge that the breach of this clause constitutes a material breach of these Terms.
   2. By registering with the Company as an IOR Student, you agree (in addition to your other obligations under these Terms) that you:
      1. are, and will continue to be, registered on our Site only once and will not set up multiple accounts; and
      2. will not let anyone else use your Student Account.
   3. If you are disqualified for any reason under paragraph 2.1 or 7.2.2 we may prohibit your access or participation in the CORM course.
   4. If we suspect that your log-in details or password is being used by someone other than you, your log-in details and/or password may be cancelled. Unless you are in breach of these Terms, we shall provide you with new log-in details.
8. IOR STUDENT FEES AND PAYMENT
   1. The fees payable for the CORM Course are set out on our Site (IOR Student Fee(s)) and may be amended by us from time to time. We take all reasonable care to ensure that the price of the CORM Course advised to you is correct.
   2. Your IOR Student application will not be processed until we have received your IOR Student Fee registration payment in full.
   3. IOR Student Fees are payable to us in pound (£) sterling. Other currencies will not be accepted. All fees are subject to UK VAT.
9. RIGHT TO CANCEL
   1. Subject to clause 2, you may cancel your IOR Student membership within the period:
      1. beginning on the day you register as an IOR Student; and
      2. ending 14 calendar days after the day on which you registered as an IOR Student (Refund Period).
   2. You agree that if you have accessed the Online Course and Content before the Refund Period you will lose the right to cancel as set out in clause 1.
   3. You must inform us of your decision to cancel your IOR Student membership before the expiry of the Refund Period and before accessing the VLE by email to studentqueries@theirm.org.
   4. If you cancel your IOR Student membership, you will receive a full refund of your IOR Student Fee. We will process the refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
10. ONLINE COURSE AND CONTENT
    1. We reserve the right to vary or withdraw the Online Course and Content if such actions are reasonably considered to be necessary by us, for example, where:
       1. events beyond the IOR’s reasonable control prevent the Online Course and Content from being delivered either temporarily or permanently;
       2. information technology systems require essential maintenance work, upgrades or repairs;
       3. health and safety or other legal reasons apply; or
       4. improvements and changes are being made to our Site.
    2. We will take reasonable steps to mitigate the impact of such withdrawals wherever reasonably possible and will give you sufficient warning of forthcoming changes or likely periods of non-availability.
    3. If you have any complaints about the Online Course and Content, please refer to the complaints procedure in the Student Handbook. In any event, you can telephone us at +44 (0)20 7709 4125 or write to us at studentqueries@theirm.org.
11. COURSE WORKBOOK
    • Updates to the Course Workbook. You shall be provided access to the Course Workbook once you have registered as an IOR Student. We reserve the right to amend the Course Workbook from time to time (if necessary).
12. EXAMINATION
    1. You must take an online examination as part of the CORM Course through APM Group or such other exam provider as determined by us from time to time (Exam Provider) which you must pass in order to achieve your CORM course qualification.
    2. If you are an IOR Student and are taking an exam through an Exam Provider, you acknowledge and agree that:
       1. any examination affiliated with the Exam Provider may be subject to:
          1. the Exam Provider’s terms and conditions, policies and procedures relating to your eligibility to participate in the exam; and/or
          2. the requirements or prerequisites for receiving credit or certification for the exam.
       2. your student records shall be retained by the Exam Provider (and by us), including for the purposes of completing the exam you are registered for by such Exam Provider, assigning credit or certification.
    3. You warrant that prior to taking any exam you have read and complied with the Student Handbook and the Exam Provider’s terms and conditions, policies and procedures and/or any reasonable instructions in connection with the exam.
    4. Any credit or certification may be awarded by the Awards for Training and Higher Education (ATHE) based on its own policies and procedures. In any event, we will not have any authority or responsibility with respect to any award of academic credit or certification for any exam by ATHE.
    5. We reserve the right to modify, revise, or alter the content of any exam on providing reasonable written notice to you.
    6. You must book your exam by registering with the Exam Provider on their website using your exam voucher not less than 90 days after registering as an IOR Student. Your exam voucher shall be subject to an expiry date (Expiry Date). If you do not register with the Exam Provider or fail to book your exam before the Expiry Date, your exam voucher may expire and you may be liable to pay an additional IOR Student Fee to re-sit the exam.
    7. The Company shall not be held liable if you (through no fault of the Company):
       1. fail to register with the Exam Provider before the Expiry Date;
       2. fail to book your exam with the Exam Provider before the Expiry Date; or
       3. do not sit your exam for any reason.
    8. If you have not automatically received your exam voucher 90 days after registering as an IOR Student, you must contact us by email at studentqueries@theirm.org or phone +44 (0)20 7709 4125.
    9. If you are unable to sit an exam for any reason you may (subject to the Exam Provider’s terms and conditions) postpone your exam by contacting the Exam Provider 24 hours prior to the exam. This will always be while the exam voucher has not yet expired. If you fail to postpone your exam or are absent from an exam, this will be counted as a ‘Fail’ result unless the Company considers in its sole discretion that there are exceptional circumstances for your non-attendance.
    10. You may appeal your exam result by following the process described in the Student Handbook.
13. YOUR ACCESS TO THE ONLINE COURSE AND CONTENT
    1. All Intellectual Property Rights and other rights in the Online Course and Content (in both machine readable and printed form) belong to the Company or their relevant third party licensors. You shall not acquire any proprietary interest in the Online Course and Content. You shall not use the Online Course and Content for anything other than your personal study of the CORM Course as necessary for passing your exam as provided by the Exam Provider (Permitted Purpose) and not in any way that infringes our Intellectual Property Rights.
    2. For the purposes of clause 1, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all application for and renewals or extension of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
    3. For the avoidance of doubt, your use of and access to the Online Course and Content is subject to these Terms. You agree:
       1. not to use the Online Course and Content for anything other than the Permitted Purpose and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
       2. not to distribute the Online Course and Content (including, but not limited to, the Course Workbook) to any third party or other IOR Student in any medium without our prior written consent;
       3. not to alter or modify any part of the Online Course and Content and/or the Course Workbook;
       4. not to (and not to attempt to) circumvent, disable or otherwise interfere with any security related features of our Site or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of our Site or access to the Online Course and Content;
       5. 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;
       6. not to cheat on any assignment or exam during the CORM course, nor share solutions to any assignments or exams;
       7. to notify the Company immediately if you become aware of any other IOR Student cheating or breaching these Terms;
       8. not to use or access our Site or Online Course and Content or any part of them for the benefit of any third party, including but not limited to, the sale of access to the Online Course and Content or any associated content;
       9. to use our Site and access the Online Course and Content in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of our Site or Online Course and Content;
       10. not to ask for, collect or harvest any personal data of any IOR Student or IOR Member;
       11. not to copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained in the Online Course and Content (including without limitation the Course Workbook) for any other purposes other than the Permitted Purpose;
       12. not to use the Online Course and Content in any manner intended to damage, disable, overburden or impair the Company server or the network(s) connected to any Company server, or disobey any requirements, procedures, policies or regulations of any servers or networks connected to our Site;
       13. not to use any high volume, automated, or electronic means to access our Site or the Online Course and Content (including without limitation robots, spiders or scripts);
       14. not to frame our Site or the Online Course and Content, place pop-up windows over its pages, or otherwise affect the display of its pages;
       15. not to access or attempt to access any other IOR Student account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; and
       16. not to knowingly receive, submit, download, use or re-use any material which does not comply with these Terms, our IOR Membership Handbook, our Terms and Conditions, Privacy, and Cookie Policies.
    4. You agree to comply with these Terms, all applicable laws, statutes, rules, regulations and ordinances, including, but not limited to, privacy, data protection requirements and laws concerning electronic communication in relation to any information provided to you in connection with CORM Course.
    5. 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.
14. CAN WE CANCEL YOUR IOR MEMBERSHIP?
    1. The IOR may, at its own discretion, elect to suspend or refuse renewal of your IOR Member status with or without cause at any time.
    2. The IOR is not obliged to give reasons for any decision it makes to suspend and/or refuse renewal of your IOR Member status with or without cause or to reject your request to become an IOR Member.
15. THE CORM COURSE DURATION AND TERMINATION
    1. These Terms shall apply for the duration of the CORM Course subject to earlier termination in accordance 3 and 15.4.
    2. The following clauses under these Terms shall survive termination, howsoever caused:
       1. this clause 15 (Termination);
       2. clause 16 (Limitation of Liability);
       3. clause 17 (Indemnity);
       4. clause 18 (Legal disclaimer); and
       5. clause 20 (Other important provisions).
    3. We reserve the right to terminate your IOR Student membership at any time and without notice to you in the event that you breach any of your obligations under these Terms or take any action which, in our opinion, may be construed as bringing us into disrepute or for any other reason which, in our opinion, justifies such action.
    4. Termination of this agreement shall not affect either your or our rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. Subject to clause 2:
       1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
       2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to your IOR Student Fee.
    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:
       1. death or personal injury caused by negligence;
       2. fraud or fraudulent misrepresentation; or
       3. any other losses which cannot be excluded or limited by applicable law.
17. WHAT HAPPENS IF A CLAIM IS MADE AGAINST THE COMPANY BECAUSE OF YOUR ACTIONS?
    1. You shall indemnify the Company in full against all losses, liabilities, costs, expenses and damages (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with:
       1. any claim made against the Company arising out of or in connection with the provision of the CORM Course, to the extent that such a claim is attributable to your acts or omissions;
       2. any claim made against the Company for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Online Course and Content;
       3. any claim made against the Company arising out of or in connection with the provision of the CORM Course, to the extent that such a claim arises out of a breach, negligent performance or failure or delay in performance of these Terms by you; and
       4. you disclosing or making available the Online Course of Content to a third party, whether permitted by a licence or not.
18. LEGAL DISCLAIMER
    1. The Online Course and Content is provided for the Permitted Purpose only. Although we make reasonable efforts to update the Online Course and Content, we make no representations, warranties or guarantees, whether express or implied, that the Online Course and Content is accurate, complete or up to date except insofar as necessary for the Permitted Purpose.
    2. You acknowledge and agree that the use of links to external sites (including links to the Exam Provider’s website) which are not owned by the Company and appear on our Site shall be made at your own risk. The Company shall not be responsible for, and has no control over, the content of such sites.
    3. The Company assumes no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property via your access to, use of or browsing our Site or your Student Account or downloading of material, data, text or images.
    4. The IOR shall not be liable to you under these Terms.
19. EVENTS OUTSIDE OF OUR CONTROL
    • We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to events or circumstances caused by a third party. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
20. OTHER IMPORTANT PROVISIONS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, we may in our discretion withhold such consent.
    3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms 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.
    4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.
    5. Which laws apply to this contract and where you may bring legal proceedings. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.