PwC’s Academy Terms and Conditions

 

 

Open Courses

1. Definitions and interpretation

In these General Terms and Conditions, the following expressions shall have the meanings set out below, unless the context otherwise requires:

"Agreement" means these General Terms and Conditions and any accepted Registration Form and any document which is supplemental hereto or which is collateral herewith or which is entered into pursuant to or in accordance with the terms hereof as the same may hereafter be amended, modified or supplemented from time to time;

“Attendee” means the person registered to attend or nominated by the Client in the Registration Form. For the avoidance of doubt, if an Attendee comprises of more than one person or entity, all obligations of such Attendee shall be joint and several as regards such persons and entities;

“Client” means the person or entity requesting to attend or to nominate a person to attend a Course and who is bound by the duties and obligations emanating from the said Agreement;

"Course" refers to the particular PwC’s Academy training course; workshop; seminar; programme or event described in the then current PwC’s Academy Training Curriculum or within the course calendar on the PwC’s Academy website;
“Fee” means the charges set out in the then current PwC’s Academy Training Curriculum payable by the Client to PwC’s Academy for the Course;

“PwC’s Academy” means the training and development initiative set up by PricewaterhouseCoopers Malta and which focuses on promoting learning, networking and sharing of technical knowledge;

"Registration Form" means the PwC’s Academy registration form and any document ancillary or supplemental thereto which is to be submitted by any Attendee wishing to attend a PwC’s Academy training course;
Other terms used in the Agreement are defined in the context in which they are used and shall have their respective meanings there indicated.

The headings and expressions in the Agreement are for reference only and shall not affect its interpretation.


2. Registration

2.1 Registration constitutes a request by the Client to apply for and attend a specific Course organised by PwC’s Academy.

2.2 Such request shall not result in a Course booking/reservation unless and until full payment has been received and successfully processed and verified.

2.3 Any registration made via the telephone or via electronic means shall, upon confirmation thereof by PwC’s Academy, be deemed to be tantamount to the submission of a Registration Form and shall carry the same duties and obligations.
2.4 At PwC’s Academy’s sole discretion, each Attendee will be issued a confidential password and a name for his/her account.The Attendee must ensure that his/her password and account are not made available to third parties and shall bear full responsibility for all actions which are undertaken using the password (including by other persons). PwC’s Academy and/ or PricewaterhouseCoopers Malta will not bear any duty of care or obligation to indemnify the Attendee and/ or Client in any matter relating to such account. Furthermore, PwC’s Academy may, at is sole discretion, revoke or terminate any such account granted to an Attendee.

2.5 PwC’s Academy reserves the right to refuse any registration, without the need to give any reason or refund.


3. Fee(s) and payment

3.1 In the case of long courses (courses over 6 hrs), unless otherwise agreed to in writing by the parties, the client shall settle 50% upon booking and the other 50% on the first date of the relevant course. In the case of short courses, (courses under 6 hrs), unless otherwise agreed to in writing by the parties, the client shall settle the fee upon registration for the course.

3.2 Unless otherwise indicated, the Fee is exclusive of any Value Added Tax. Value Added Tax, if any, shall be payable in addition by the Client at the rate then prevailing.

3.3 The Fee covers the provision of standard/ adequate Course material and documentation.

3.4 The time period scheduled for each Course should typically provide for meal and/or refreshment breaks and questions on aspects of the Course contents.

3.5 In the event that the Course content is completed within the allocated time period thereby resulting in an early finish, no adjustment to the Fee may be requested and in no such case will PwC’s Academy grant a refund.


4. Cancellation and transfer

4.1 Client may cancel its registration for any Course by providing PwC’s Academy with a minimum of fifteen (15) business days’ written notice. No refunds of payments effected shall be given. However the Client(s) shall be entitled to a credit equivalent to the same amount. Such credit must be used within twelve (12) months and may only be used in connection with any Course organised by PwC’s Academy.

4.2 In the event that the Client’s notice for cancellation is less than the minimum stipulated in Clause 4.1 above, the full Fee for such Course shall remain chargeable and no refund or credit note will be granted to the Client.

4.3 PwC’s Academy reserves the right, at any time and for any reason, to cancel, reschedule or re-arrange the date allocated for any Course. In the event that a Course is cancelled or an Attendee will not be able to attend the said Course on the rescheduled date, PwC’s Academy shall provide the Client with a full refund of the Fee paid for the cancelled or rescheduled Course and there will be no further liability upon PwC’s Academy.

4.4 Client may substitute an alternative Attendee to the initial one, provided that PwC’s Academy‘s agreement is obtained in writing at least ten (10) business days prior to the commencement date of the relevant Course. PwC’s Academy may, at its sole discretion, accept any such request received after such date.

4.5 Client may transfer a nominated Attendee to another scheduled date for the same Course provided that PwC’s Academy’s agreement is obtained in writing at least fifteen (15) business days prior to the commencement date of the Course initially registered for. PwC’s Academy may, at its sole discretion, accept any such request received after such date.


5. Duties of client

5.1 Client is responsible for advance notification to PwC’s Academy (within the related section of the Registration Form) of any special requirements relating to the Attendee(s). PwC’s Academy will endeavour to accommodate such notified needs if it is considered both reasonable and practical to do so.

5.2 Client shall ensure that the Attendee shall have adequate competence, knowledge and skill to benefit from the Course provided by PwC’s Academy.

5.3 PwC’s Academy reserves the right to exclude any Attendee from any course due to the Attendee’s disorderly conduct or failure to fulfil the prerequisites as published by PwC’s Academy or otherwise notified to Client. The relevant Fee shall remain chargeable to Client in such circumstances.

5.4 In relation to any Course to be delivered by PwC’s Academy on Client’s premises or at any other premises specified by the Client, the Client shall be responsible for ensuring that all reasonable and necessary facilities (including but not limited to the adequate provision of suitable accommodation, hardware, software and other reasonable requirements pre-notified by PwC’s Academy) are fulfilled and maintained throughout the duration of each Course.


6. Travel and accommodation

Client is sole responsible for all travel arrangements, accommodation requirements and other costs incurred by the Attendee relating to attending any Course provided by PwC’s Academy.

 

7. Warranties and liability

7.1 PwC’s Academy will use reasonable endeavours to ensure that the Courses provided are dispensed with reasonable skill and care and will follow practices consistent with the professional standards in the industry.

7.2 PwC’s Academy shall only be bound, whether contractually, in tort or otherwise, with the Client and the Client shall indemnify PwC’s Academy from and against all actions, suits, breaches, claims, demands, costs and expenses which may at any time be taken or made against it by any Attendee unless such actions, suits, breaches, claims, demands, costs and expenses arise as a result of a breach of duty or other negligent, wrongful or unlawful act on the part of PwC’s Academy.

7.3 The Client shall endeavour to reduce the damage they it may bear and shall not be indemnified by PwC’s Academy for any damage that it or the Attendee could have reasonably prevented.

7.4 In any case whatsoever, PwC’s Academy’s total liability in contract, tort or otherwise shall not exceed one time the fee paid by Client for the Course in respect of which the claim is made.

7.5 The Client and/or Attendee shall indemnify and hold harmless PwC’s Academy, its partners, directors, agents and employees, from and against all claims, actions, demands, losses, costs, expenses (including, without limitation, all legal fees and disbursements), damages, liabilities and lawsuits arising from any breach of Client’s or Attendee’s obligations under this Agreement.

7.6 In no event shall PwC’s Academy be liable for any indirect, consequential, incidental, reputational or future damage incurred by the Client, including, but not limited to, business interruption, lost business, lost profits, or lost savings, even if it has been advised of their possible existence.


8. Intellectual property rights

8.1 The copyright in and all other intellectual property rights relating to the Course software, data and documentation employed by PwC’s Academy and any related materials (“Course materials”) provided to the Attendee by PwC’s Academy are owned exclusively by and hereby reserved to PwC’s Academy and/or its party licensors. PwC’s Academy hereby grants to Attendee a non-exclusive, nontransferable, non-sub-licensable licence to use such Course materials solely for the purpose of receiving the Course.

8.2 Under no circumstances may any part of the Course materials be produced or copied in any form or by any means or translated into another language by the Client(s) or Attendee without the prior written permission of PwC’s Academy.

8.3 The Attendee shall not delete, amend, alter or deface any confidentiality or proprietary notices on the Course materials.

8.4 The Client shall ensure that the Attendee keeps confidential the Course materials and comply fully with all use restrictions in relation to Course materials as notified to the Client or Attendee by PwC’s Academy.

9. Confidential information

We and you agree to use the other’s confidential information only in relation to the services, and not to disclose it, except where required by law or regulation. However, we may give  confidential information to other PwC firms or as long as they are bound by confidentiality obligations. We may also disclose confidential information (i) to third parties such as IT service providers, professional advisers and insurers, and (ii) to the extent that this is required by law and regulations, to any court of competent jurisdiction, or to other third parties. PwC Firms may also share confidential information with other PwC Firms for independence, risk management and quality review purposes.


10. Data Protection

10.1   Compliance – You and we will comply with applicable data protection legislation in relation to any personal data shared with us under the agreement.

10.2    Provision of personal data – You will not provide us with personal data unless the agreement requires the use of it, or we request it from you.   In respect of any personal data shared with us, we assume you have necessary authority from relevant data subjects for us to use and transfer it in accordance with the agreement, and that they have been given necessary information regarding its use.

10.3   Data processing – Where we act as a controller, we may process personal data for the purposes of any of: (i) providing the services; (ii) maintaining and using IT systems; (iii) quality, risk and client management activities (iv) providing you with information about us and our range of services; and (v) complying with any requirement of law, regulation or a professional body of which we are a member. Full details of how we use personal data can be found in our privacy notice at www.pwc.com/mt/privacy.

10.4   Data transfers – We may transfer personal data shared with us to other PwC firms, subcontractors and IT service providers in relation to any of the purposes set out in clause 9. Some of these recipients may be located outside the European Union. We will carry out such transfers only where we have a lawful basis to do so, including to a recipient who is: (i) in a country which provides an adequate level of protection for personal data; or (ii) under an agreement which covers the EU requirements for the transfer of personal data to processors outside the EU.

10.5    Data processor –Where we act as processor in relation to your personal data, we will: (i) process it only on your lawful written instructions; (ii) implement appropriate measures designed to ensure its security, including by imposing confidentiality obligations on relevant personnel; (iii) transfer it only to sub-processors (as set out in our privacy notice)   under a written contract  which imposes obligations consistent with those in this clause 10.5 and you authorise us to transfer your personal data to them; (iv) provide you with reasonable assistance in carrying out any legally required data protection impact assessments, complying with the rights of data subjects and complying with your own data security obligations under applicable data protection legislation; (v) notify you without undue delay after becoming aware of a breach in respect of it; and (vi) on your written request, provide you with reasonable information necessary to demonstrate our compliance with this clause 10.5, which may include any available third party security audit reports.


11. Non-competition

11.1 The Client agrees and warrants that he/ she nor any Attendee nominated by him/ her in the Registration Form shall not at any time divulge or disclose any confidential information relating in any manner to PwC’s Academy nor shall he/ she use such information for the benefit of any other person other than PwC’s Academy.


12. General

12.1 The Course and any Course materials provided are not intended to be a definitive or comprehensive analysis of the subject and should not be deemed to constitute a substitute for professional advice.

12.2 This Agreement shall apply without prejudice to any other specific provision, clause or term stipulated by PricewaterhouseCoopers Malta. For the avoidance of doubt, other terms and conditions may apply to this Agreement in particular the legal disclaimer published on the PwC’s Academy website.

12.3 PwC’s Academy reserves the right to amend the content of any Course without prior notice when, in the opinion of the PwC’s Academy, such amendment does not fundamentally change the content of such Course.

12.4 Neither party is liable to the other party under this Agreement in circumstances where, because of a fortuitous event in consequence of an irresistible force, including, but not limited to, any natural disasters, fire, flood, strike, industrial dispute, war or similar action, act of terrorism, uprising, or acts of governmental authority. they are prevented from performing their obligations under this contract due to circumstances beyond their control. In the case where a period has elapsed since the appearance of force majeure or fortuitous event, either party may terminate the contract with no liability.

12.5 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and sent by facsimile transmission or delivered by hand or sent by formal communication by certified mail with return receipt requested and addressed to PwC’s Academy at the address stated on the Registration Form. The notice shall be sent to the address given on the Registration Form and shall be deemed received on actual receipt by hand or three (3) business days after posting or next business day after transmission if sent by facsimile.

12.6 If any provision of this Agreement is held by any competent authority or court to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected thereby. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of this agreement, the parties shall immediately commence good faith negotiations to remedy such invalidity, illegality or unenforceability or to achieve an alternative provision acceptable to both parties.

12.7 The Agreement shall be governed and interpreted exclusively in accordance with the laws of Malta without giving effect to conflict of law rules. No other legal system will apply to the Agreement or to any Course provided under the Agreement. The location of the signing of the Agreement or of the provision or delivery of the Courses under the Agreement shall have no relevance.

12.8 Any dispute, controversy or claim that may arise out of, or in connection with the Agreement or the execution, breach, termination or invalidity thereof, which cannot be resolved through amicable settlement, will be resolved exclusively in accordance with the laws of Malta. All legal proceedings will be submitted exclusively to the jurisdiction of a Maltese court.

 

E-learns

Welcome to the “PwC’s Academy Online” web site. For purposes of this site, the term “PwC’s Academy Online web site” refers to the Learning Management System (the “Site”) of PricewaterhouseCoopers. (together: “PwC”, “we”, “us”) and the terms “you” and “your” refer to any individual accessing the Site for any reason. Please carefully read and accept the following terms and conditions (“Terms and Conditions”) before accessing the Site. By accepting the Terms and Conditions you acknowledge that you have read, understood and agree to be bound by them and to comply with all applicable laws and regulations, including relevant copyright laws.

Certain technical requirements set out by PwC at the end of this document will need to be set-up before entering the site in order to run the site properly.

The material contained on the Site was developed for the specific use as training material. None of the material is, or should be regarded as the provision of advice, any content, materials, information and knowledge gained through the use of the Site is done at your own discretion and risk. Accordingly, no person should rely on any of the training content, without first obtaining specific advice for any particular case. PwC accepts no responsibility for any person who acts or relies in any way on any of the material without first obtaining specific advice.

PwC’s Academy and its trainers are not in a position to make or execute decisions (before, during or following the training) on behalf of management nor are they responsible for training needs analysis and identification of members of staff to attend this course.

The Site may provide links to web sites and access to their content. The provision of such links and content is not an endorsement of any information, content or service accessed through such link. Unless otherwise stated specifically, reference to any names, products, organisations, or other information by trade name, trademark, or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us, nor is endorsement of the Site implied by such links. They are for training reference and learning purposes only and do not indicate the existence of a partnership or joint venture between PwC and the owners of the linked site. PwC does not accept any responsibility for the correctness of the information on linked sites, nor does it accept any liability (jointly or otherwise) for your inability to access such sites through the Site or for any losses suffered as a result of incorrect information on the linked site. The Site and all its content, materials and information are provided on an "as is" and "as available" basis.

We make no warranty that:

·        The Site will meet your exact learning requirements.

·        The Site will be available on an uninterrupted, timely, or error-free basis.

·        That successful knowledge transfer to / application by individuals will take place.

·        That information on the Site is current. We take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of this information.

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, immoral, defamatory, fraudulent or harmful. You must not seek to circumvent access or security controls or otherwise threaten the security of the Site. We reserve the right to make changes or updates to the Site at any time without notice.

In no event shall PwC be liable for any indirect, incidental, special or consequential damages (including without limitation, damages for loss of profits, revenue, data or use) incurred by you arising from or related to the use of, inability to use, or the termination of the use of the Site, regardless of the form of action or claim. PwC’s liability for direct damages shall in no event exceed amount of the fees paid by you for the specific service. You acknowledge and accept that use of the Site is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, PwC shall not be liable in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Site arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.

By agreeing to these terms and conditions, in accordance with Regulation 18 of the Consumer Rights Regulations (S.L. 378.17) I give my express consent to the performance of this service and acknowledge my forfeiture of the right of withdrawal.

You are responsible for maintaining the confidentiality of your user ID and password (together: “password”) that you are given to access the Site, and are fully responsible for all on-line activities. You may not allow any other person to use these log-on details, nor may you re-assign or transfer these log-on and password details to anyone else. You should immediately inform PwC if another person has access to your password.

You are responsible for making full payment for any materials, courses or other items you purchase from or through the Site, and for any tax payable in connection with such purchase.

You warrant that the personal information provided by you on this Site is accurate and correct and that you will inform PwC of any change to such information. You agree that we may collect, process, use and store your data/information supplied by you for (i) providing services, (ii) maintaining professional and commercial documentation in our information systems (iii) quality and risk management reviews (iv) providing you with information about us and our range of services and and (v) complying with any requirement of law, regulation or a professional body of which we are a member. We may transfer such personal data to other PwC firms and IT service providers in relation to any of these purposes. You confirm that you have all necessary authority from all relevant data subjects for us to use and disclose such personal data in accordance with the agreement. The term "data/information" includes confidential and/or personal data or information. Any data or other content (“user content”) that you submit or upload onto the Site is your sole responsibility. You represent and warrant that any user content that you submit, upload, post, transmit or otherwise make available on the Site will not infringe any third party right, including without limitation, any intellectual property, confidentiality or privacy right. For the avoidance of doubt, PwC does not endorse any user content and expressly disclaims any and all liability in connection with user content. Details of PwC privacy policy can be found at http://www.pwc.com/gx/en/site-information.html

Unless otherwise stated, PwC and/or its licensors own the intellectual property rights in the Site and in all materials provided on the Site. You are not allowed to use the Site for any other purposes than for your own learning purposes, in particular you must not: republish material from this Site; sell, rent or sub-license material from the Site; show any material from the Site in public; reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose; or edit or otherwise modify any material from the Site.

You hereby indemnify PwC and undertake to keep PwC indemnified against any losses, damages, costs, liabilities and expenses (including legal expenses) arising out of (a) your use of and access to the Site; (b) any breach by you of any provision of these Terms and Conditions or arising out of any claim that you have breached any provision of these Terms and Conditions; (c) your breach of any third party right, including without limitation, any intellectual property, confidentiality or privacy right; and (d) any claim that your user content caused damage to a third party.

PwC may revise these Terms and Conditions from time to time. Any amendment to these Terms and Conditions will apply to the use of the Site from the date of the publication of the amendment on the Site. You agree to be bound by any amendments to these Terms and Conditions.

 

Minimum system requirements to run PwC's Academy E-learning Portal and e-learning contents

To run PwC’s Academy E-learning Portal and learning contents effectively you should use the system components listed below. Workplace IT environments' internal configurations can also restrict the functionality of the e-learning system and learning contents.

To run PwC’s Academy E-learning Portal and learning contents effectively you should use the system components listed below. Workplace IT environments' internal configurations can also restrict the functionality of the e-learning system and learning contents.

 

Operating Systems

·        Microsoft Windows (XP, Vista, 7, 8.1, 10) or

·        Linux (Ubuntu, Debian, Red Hat, CentOS) or

·        MacOS 10.7-10.12 (Lion, Mountain Lion, Mavericks, Yosemite, El Captain, Sierra)

 

Internet Browser

·        Internet Explorer 10 or

·        Microsoft Edge 38.14393 or

·        Mozilla Firefox 52.0.2 onwards or

·        Google Chrome 57.0.2987 or

·        Safari 10.1

Should you use Internet Explorer and Safari and experience any compatibility issues we recommend that you use the latest version of these browsers.

 

Settings

We recommend that the following be enabled:

·        Cookies

·        Pop-ups (in both Internet browser and security software)

·        JavaScript


Adobe Flash Player

We recommend that you use the latest version of Adobe Flash Player built in your internet browser. You can get the latest version here: https://get.adobe.com/flashplayer/

 

Acrobat Reader

In order to read pdf files at least 6.0 version of Acrobat reader is required. You can get the latest version here: https://get.adobe.com/reader/

 

Firewall

Some of the training materials are in SWF format, which are using photos (JPG, PNG), multimedia (MP4, MP3) and other descriptive (XML, XSD) files. Please make sure that your firewall and internet browser do not block to access such file formats.

It is also required to allow ports 80, 443 (SSL) and 9111 (for chat).

 

Other

·        Use a broadband connection internet connection (256 Kbit/sec or faster—this will ensure that you can view videos and online presentations) through USB wireless modem, ADSL, T1/T2, fiber optic or cable.

·        Integrated 16-bit soundcard, headphones for video and sound files

·        Recommended screen resolution: 1024x768; 16-bit


Compliance

You and we will comply with applicable data protection legislation in relation to any personal data shared with us under the agreement.

 

Provision of personal data

You will not provide us with personal data unless the agreement requires the use of it, or we request it from you.   In respect of any personal data shared with us, we assume you have necessary authority from relevant data subjects for us to use and transfer it in accordance with the agreement, and that they have been given necessary information regarding its use.

You warrant that the personal information provided by you on this Site is accurate and correct and that you will inform PwC of any change to such information.

Any data or other content (“user content”) that you submit or upload onto the Site is your sole responsibility. You represent and warrant that any user content that you submit, upload, post, transmit or otherwise make available on the Site will not infringe any third party right, including without limitation, any intellectual property, confidentiality or privacy right. For the avoidance of doubt, PwC does not endorse any user content and expressly disclaims any and all liability in connection with user content. Details of PwC privacy policy can be found at www.pwc.com/mt/privacy.

 

Data processing

Where we act as a controller, we may process personal data for the purposes of any of: (i) providing the services; (ii) maintaining and using IT systems; (iii) quality, risk and client management activities (iv) providing you with information about us and our range of services; and (v) complying with any requirement of law, regulation or a professional body of which we are a member. Full details of how we use personal data can be found in our privacy notice atwww.pwc.com/mt/privacy.

 

Data transfers

We may transfer personal data shared with us to other PwC firms, subcontractors and IT service providers in relation to any of the purposes set out in clause 9. Some of these recipients may be located outside the European Union. We will carry out such transfers only where we have a lawful basis to do so, including to a recipient who is: (i) in a country which provides an adequate level of protection for personal data; or (ii) under an agreement which covers the EU requirements for the transfer of personal data to processors outside the EU.

 

Data processor

Where we act as processor in relation to your personal data, we will: (i) process it only on your lawful written instructions; (ii) implement appropriate measures designed to ensure its security, including by imposing confidentiality obligations on relevant personnel; (iii) transfer it only to sub-processors (as set out in our privacy notice)   under a written contract  which imposes obligations consistent with those in this clause and you authorise us to transfer your personal data to them; (iv) provide you with reasonable assistance in carrying out any legally required data protection impact assessments, complying with the rights of data subjects and complying with your own data security obligations under applicable data protection legislation; (v) notify you without undue delay after becoming aware of a breach in respect of it; and (vi) on your written request, provide you with reasonable information necessary to demonstrate our compliance with this clause which may include any available third party security audit reports.

 

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