Terms & Conditions
Terms and Conditions
These terms and conditions are the contract between you and the Chartered Banker Institute (“us”, “we”, etc). By visiting or using the ‘Speak Out’ website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
We are: the Chartered Banker Institute, a charitable body registered as the Chartered Institute of Bankers in Scotland, Scottish Charity no. SC013927 (CIOBS) with its registered office at 38b Drumsheugh Gardens, Edinburgh, EH3 7SW. Wherever trademarks, brands or other identifying features are mentioned in these terms and conditions, these apply to the Chartered Banker Institute brand, as well as the CIOBS brand mark.
You are: a member of the Chartered Banker Institute who uses the ‘Speak Out’ website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave the ‘Speak Out’ website immediately.
These are the agreed terms
“Content” means the textual, visual or aural content that is encountered as part of your experience on the ‘Speak Out’ website. It may include, among other things: text, images, sounds, videos and animations.
"Intellectual Property" means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“the ‘Speak Out’ website” means this website service which has been designed for electronic access by mobile or fixed devices and is operated by us to support members.
“Services” means the service provided through the ‘Speak Out’ website.
2. Intellectual Property
You agree that at all times you will:
2.1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
2.2. notify us of any suspected infringement of the Intellectual Property;
2.3. so far as concerns our work provided or made accessible by us to you, you will not:
2.3.1 copy, or make any change to any part of its code;
2.3.2 use it in any way not anticipated by this agreement;
2.3.3 give access to it to any other person than you, the licensee in this agreement;
2.3.4 in any way provide any information about it to any other person or generally.
2.4. not use the Intellectual Property except directly as intended by this agreement or in our interest.
3. Disclaimers and limitation of liability
3.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
3.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find.
3.4. the ‘Speak Out’ website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
3.5. The Chartered Banker Institute’s Speak Out Website and Service are provided “as is”. We make no representation or warranty that the ‘Speak Out’ website will be:
3.5.1 useful to you;
3.5.2 of satisfactory quality;
3.5.3 fit for a particular purpose;
3.5.4 available or accessible, without interruption, or without error.
3.6. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from the ‘Speak Out’ website.
3.7. We shall not be liable to you for any loss or expense which is:
3.7.1 indirect or consequential loss; or
3.7.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
3.8. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as to ourselves.
4. Miscellaneous matters
4.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4.2. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
4.3. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
4.4. The validity, construction and performance of this agreement shall be governed by the laws of Scotland and you agree that any dispute arising from it shall be litigated only in that country.