ICA Commercial Services Limited - Subscription Specifications

When you agree to purchase a Subscription for membership from the Company your Agreement will be subject to these Subscription Terms of Business below (“Subscription Specifications”) and our General Terms and Conditions.

Definitions not set out below are as set out in the Company General Terms and Conditions. For the purpose of these Subscription Specifications, the following definitions shall apply:

“Data” means data to include but not be limited to name, email address and any such other information or content available as part of the Subscription Services;

“E-Communications” shall have the meaning as set out below in Subscription Services and as set out in clause 3;

“Improper Purposes” means any use of the Subscription Services other than for reasonable personal use by the Client. Improper Purposes shall include, but are not limited to:

(a) bulk downloading or collection of the Data;

(b) creating mailing or address lists for marketing purposes;

"Data" means the name, e-mail address, and any information made available.

“Learning Hub” means the Company’s e-learning platform on which they provide the Subscription Services;

“Renewal Date” means the date at which your Subscription will be automatically renewed;

“Subscriber” means the individual or entity subscribing to Subscription Services;

“Subscription Services” shall mean any Subscription Services including but not limited to Continuing Professional Development Courses;

“Subscription Fees” means the fees that you shall pay to Us as payment for Products and/or Services.

1. Scope of these Subscription Service Specifications

1.1 This Agreement will apply whereby the client has purchased Subscription Services in accordance with the Agreement.

2. Provision of the Subscription Services

2.1 The Subscription Services are provided solely for the Client’s own use, and the Client agrees not resell the Subscription Services (in whole or in part) to any third party or use it for Improper Purposes.

2.2 The Client agrees to comply with all reasonable instructions which the Company may give from time to time regarding the use of the Subscription Service.

2.3 The Company offer no warranty that the Data is free from errors or omissions or that it is fit for a particular purpose.

2.4 Any views or opinions expressed by a Subscriber whilst using the Subscription Services, are those of the individual Subscriber and do not represent the views or opinions of the Company.

3. Delivery of Subscriptions Services

3.1 On the Commencement Date, the Company shall permit the Subscriber access to the Learning Hub or to such other directory or facilities that are made available as part of the Subscription Services.

3.2 The Company reserves the right to decide how and when the Subscription Services are delivered.

3.3 The Company shall be free to make changes to the delivery and content of the Subscription Services and Learning Hub at any time.

4. Subscription Fees

4.1 The Subscriber will be responsible for paying the membership Subscription Fees set out in the invoice issued by the Company.

4.2 For all new subscribers the Company requires full payment of membership Subscription Fees upon application.

4.3 In the event of non-payment or late payment of Subscription Fees, the Company reserves the right to suspend access to the Learning Hub and/or the Subscription Services.

4.4 On termination for any reason all Subscription Fees shall become immediately due.

4.5 The Subscription Fees payable and member benefits are available on the Company’s website www.int-comp.org.

5. Auto-renewal of Membership Subscriptions

5.1 Subscription Fees shall auto renew unless terminated in accordance with this Agreement.

5.2 The renewal Subscription Fees will be payable by credit card or debit card only unless otherwise agreed and set out in the Order Form.

5.3 The renewal Subscription Fees shall be charged at the then current rate.

6. Postponement or Cancellation of the Subscription Services

6.1 The Company shall have no obligation to refund all or part of the Subscription Fee in the event of delay or postponement of the Commencement Date.

6.2 Where the Subscriber cancels a Subscription for any reason the Company shall not be obliged to refund the Subscription Fee.

Cancellation by Subscriber

6.3 If the Subscriber wishes to cancel the Subscription Services in advance of auto renewal payment collection, the Subscriber shall provide not less than 30 days written notice to the Company in advance of the Renewal Date.

6.4 The Subscriber shall have 14 days from the Commencement Date to cancel their Subscription. Where the Subscriber cancels in accordance with this clause and has not accessed the Subscription Service and/or Learning Hub they shall receive a full refund of the Subscription Fees. For the avoidance of doubt, no refunds will be issued where the Subscription Services and/or Learning Hub have been accessed. No refunds will be issued other than in accordance with this clause.

Cancellation by the Company

6.5 The Company may cancel the Subscription Services where a Subscriber is in breach of the Agreement and/or the Company’s policies and procedures from time to time including its Code of Ethics and any breach has not been remedied within 30 days.

6.6 Subscribers agree to operate in accordance with the Company Code of Ethics which may vary from time to time, and which is published on the Company website. If a Subscriber is viewed as being in breach of the Code, they will be advised of the allegation and given a right of reply. The review of the case for and against the breach will form the basis of a formal disciplinary hearing in accordance with the current Terms and Conditions which will be published on the Company website.

6.7 Where the Company cancels in accordance with clause 6.5 no refund will be due to the Subscriber.

6.8 Upon termination of this Agreement, the Subscriber shall immediately cease to access the Subscription Services and/or Learning Services.

7. Use of the Subscription Services

7.1 Subscribers agree to the following:

7.1.1 to only use the Subscription Services in accordance with this Subscription Specification;
7.1.2 to use all reasonable endeavours in relation to the security and confidentiality of Data to prevent any unauthorised disclosure of the whole or any part of it;

7.2 Subscribers agree not to:

7.2.1 use the Subscription Services or Data in any way that does not comply with Data Protection Law;
7.2.2 use Data in any way which was not envisaged by the subject of that Data at the time that consent for the use of that Data was given;
7.2.3 modify or merge Data with any other data;
7.2.4 use or redistribute Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this provision 7;
7.2.5 distribute, publish or display Data by any means; and
7.2.6 permit or allow the Data to infringe or otherwise prejudice the Company’s proprietary rights;
7.2.7 use the Data for any unlawful purpose or purpose that is likely to bring the Company into disrepute or to send any message or communication which is offensive, abusive, indecent, obscene or menacing or which In any way could be reasonably expected to cause annoyance, inconvenience or needless anxiety;
7.2.8 defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
7.2.9 publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information;
7.2.10 use other Subscribers' personal details for purposes other than establishing contact that is reasonably expected to be welcomed by such other Subscribers;
7.2.11 submit materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others;
7.2.12 submit materials of any third party without such third party's prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by the Company;
7.2.13 use the Subscription Services in any unlawful manner or in any other manner that could adapt, modify, damage, disable, overburden or impair the Subscription Services (and all related technologies); and
7.2.14 disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.