LOP refers to LearnOnline Platforms Pty Ltd which owns and administers the domain fmelearnonline.com.

This page contains:

The LOP terms and conditions that apply to courses purchased through www.fmelearnonline.com

Appendix 1: The LOP Data Protection Policy

Appendix 2: The LOP Complaints Policy

 

Terms & Conditions

1. By ordering one, or more than one, LOP online Course or Product you have agreed to be bound by these Terms and Conditions, by any additional or supplementary terms and conditions noted in the t&cs tab of the course description of the Course or Product you bought, and by the Appendices to these Terms and Conditions.

2. LOP / your Tutor / LOP as agent for your Tutor

2.1 These terms and conditions are applicable to any product, service, course or equivalent purchased through, or acquired by enrolling through, the domains fmelearnonline.com, amalearnonline.com and maqlearnonline.com all of which are domains owned and operated by LearnOnline Platforms Pty Ltd (formerly FME Training Pty Ltd, and henceforth ‘LOP’) whose registered office is 162 Acton Avenue, Rivervale, Western Australia, 6103, Australia, registered in Australia ABN 74111304584. LOP is also registered in England and Wales under company number FC039074, with a registered branch office at 30 Reigate Road, Reigate, Surrey RH2 0QN, registered with Companies House as BR024172. Our contact telephone numbers are +61 499 299839 or +44 (0)20 7097 1227 (both answered in Perth, GMT + 8 hours), WhatsApp +61 499 299839, email mark@fmelearnonline.com. We are usually available via WhatsApp or phone from 8am to 9pm Perth WA time. We aim to respond to email queries within 24 hours, and usually much sooner.

2.2. LOP websites contain details of courses, resources or other products offered by Tutors (the Tutor).

2.3. When you place an order and make payment for a course, resource or product (your Course) you are making an offer to the Tutor listed as responsible for that Course (‘your Tutor’). This may or may not be LOP. The ‘legal entity’ with whom you are contracting is your Tutor trading as a sole trader, or otherwise as stated on their Tutor page (under ‘Tutors’ in the main menu of this website).

2.4. LOP is acting as the agent of the Tutor providing your Course, and the primary liability for the quality and availability of your Course rests with your Tutor. LOP undertakes to use its best endeavours to ensure that your Tutor acts in good faith and according to the terms of this agreement.  LOP undertakes to pay any refund properly due to you under this agreement should your Tutor be unwilling or unable to pay it.

2.5. You may order a Course from your Tutor via an LOP website or via email. Your order is accepted by your Tutor once cleared funds have been received by LOP or your Tutor.

2.6. Access to your Course is through the LOP Virtual Learning Environment (the “VLE”) https://study.fmelearnonline.com.

2.7 Unless explicitly stated otherwise in the Course description, access to your Course shall be given from the date of your Course enrolment and shall end on the date of the exam sitting specified when you booked. For instance, if you book for March 202X, then access to your learning materials will end on your course subject’s March 202X ACCA exam date. See also the deferral and transfer section below.

2.8 Your tutor is contractually obliged by LOP to deliver their courses under these terms and conditions. Your tutor cannot amend these terms and conditions or agree anything that conflicts with these terms, but they can provide more information as to how they will exercise their discretion and / or add additional terms through course descriptions given on www.fmelearnonline.com, or through direct written communication with you. If there is a conflict between these terms and any additional terms then these terms shall prevail.

3. Personal service for the exam your course is designed to prepare you for

3.1. Your Course is personal to you and once you have accessed your Course you may not transfer your rights to access your Course or provide access to your Course, in whole or in part, to any other person. Video content is designed only to be viewed online and should not be recorded for viewing offline. LOP will retain a record of the IP addresses you use to access all materials held on the VLE, and reserves the right to suspend or cancel your enrolment should LOP or your Tutor believe you are abusing this clause or if you hide or otherwise disguise your IP address. In such circumstances no refund of any fee will be given.

3.2 If you are buying a course on behalf of another person, please use the buyers name and address to make payment. Please do NOT access the course purchased. Instead please contact mark@fmelearnonline.com with details of the name, address and email address of the student on whose behalf the course has been purchased. The course will be transferred to that person within 48 hours and an updated enrolment email issued.

3.3 Neither LOP nor your tutor takes any responsibility for visa applications. LOP courses are fully online and therefore are available in all countries that allow you to access the LOP websites and videos.

3.4 Taking a professional exam can be a stressful experience. LOP and/or your Tutor may offer informal educational counselling to help you manage exam related stress. If this is important to you then we suggest you contact your Tutor in advance of buying your course to confirm whether informal educational counselling is included in their Course. However, neither LOP nor your Tutor are psychologists or qualified mental health professionals; should you require such support we strongly suggest you seek this sooner rather than later.

3.5 To be eligible to buy and remain on a course you must be enrolled on, or be eligible and intend to enrol on, the professional exam and exam diet which your chosen course is designed to prepare you for. Your tutor has the right to request evidence that this is the case. If you are not enrolled, or eligible and intending to be enrol, on the professional exam which your chosen course is designed to prepare you for (e.g. if you have recently passed the exam, or you have indicated you do not intend to sit your exam), then you may be excluded from your course. In this case no refund will be due to you.

4. Enrolment, re-enrolment, cancellation, refunds and Pass Assurances

4.1 Your tutor reserves the right to cancel your enrolment on your course at any time at their discretion. Reasons for cancellation may include but are not limited to your inability to access your learning resources for technical or other reasons, your impact on the learning environment of other learners, the inappropriate use of learning materials, the inability of your Tutor to deliver your Course, or that your tutor judges the course to be unsuitable for your needs. In such cases you will be given either a full refund, or, if you have made use of the Tutor’s learning resources already, a reasonable proportionate refund based on your period of enrolment on your course and/or your use of / downloading of resources on that course as determined by FME.

4.2 You will be enrolled on the VLE within two working days of funds clearing to LOP or your Tutor via a payment gateway such as Stripe (often you will be enrolled immediately), or within five working days of LOP receiving your payment if you pay by bank transfer. You will be enrolled on the course as described on this website, and as noted on your enrolment receipt.

4.3 If you have not downloaded a product or accessed your purchased course on https://study.fmelearnonline.com using your registered name and password then you may cancel your purchase within 14 days of your order and receive a full refund by emailing mark@fmelearnonline.com.

4.3a If you have purchased and downloaded a downloadable product you are not able to cancel your purchase and no refund will be given.

4.3b If you purchased your course within 14 days AND have accessed your course (or courses) on https://study.fmelearnonline.com (as recorded in the VLE logs) then 50% of the full undiscounted value of any course (or courses) you have accessed will be deducted from your payment and the balance refunded. This is because views of (usually extensive) video content visible on the course front page are not logged. Package course values will be assumed to divide in the proportion 3:3:1 between tuition, revision and mock, and the value of Revision plus courses delivered over 2 courses shall be assumed to divide in the proportion 3:2 between revision and mock. You should contact your tutor to notify them of your wish to cancel your course, and for details of what refund you will receive.

4.4 Cancellation: Where you cancel more than 14 days after purchase no refund will be made.

4.5 If you enrol on an ACCA course you will be asked to supply your ACCA registered name, ACCA number and date of birth (your data). Your data is required by the ACCA to enable us to enrol you on the fmelearnonline instance of the ACCA Practice Platform, and also to allow the ACCA to monitor our pass rates, and thereby ensure our continued ACCA ALP accreditation.

4.6 Our inability to enrol you on the ACCA Practice Platform because either you have not provided us with your data or if your data does not reconcile with that held by the ACCA, shall not entitle you to a refund of your course fee or to the alternative delivery of any product which requires the use of the ACCA Practice Platform.

4.7 We require your permission to share your data with the ACCA as part of their Approved Learning Provider Results Service. If LOP is unable to register you on the ACCA Approved Learning Provider Results Service by the standard ACCA enrolment date for the exam you are taking due to you withholding your permission or providing inaccurate or incomplete personal data then you will not be entitled to claim under any Pass Assurance, Pass Guarantee, a Free Re-enrolment offer (henceforth Pass Assurance) scheme.

4.8 Where you make a payment on account or pay by instalments you should ensure you note as part of your payment the name of the course and the exam date on your payment. In the absence of such detail you will be enrolled on the next available exam date course for a course of the value covered by your payment, and in such cases you will be bound by these terms and any additional terms of the course on which you are enrolled.

4.9 A Pass Assurance offer or other sales incentive, where offered, will always include conditions that will be set out in the course description (often in the course t&cs tab) and which must be met before the Pass Assurance offer can be exercised. These conditions will include a minimum score in your final mock and real exams, and may also include minimum course participation requirements. You should ensure you read such Pass Assurance offer conditions before purchasing your course.

4.10 Nothing in any Pass Assurance offer, or any other offer or sales incentives shall be taken to be an offer to support you indefinitely until you pass your exam, or a guarantee that you will pass your exam, or indicate any special relationship with any examiner.

4.11 Where you re-enrol on a later Course at no cost to you then that re-enrolment shall not include any Pass Assurance element of the course on which you are re-enrolled unless your tutor informs you otherwise in writing.

4.12 Where you are unable to complete your exam for any reason then you are NOT entitled to re-enrol free on your course. Where your professional body agrees to waive your exam fee and you have not previously deferred your course then you will be offered a 50% reduction in your course fee on re-enrolment. Where your exam fee is not waived by your professional body then any fee reduction will be at the discretion of your tutor.

5. Course amendment / Course fee amendment / Use of discount coupon codes / Payment by instalment

5.1. Your Tutor reserves the right to withdraw a Course or Courses at any time, or to amend the fee for any Course, or to change the content of your course, or to change the dates and/or times of any webinar delivered under your Course, or to remove you from their course. If you have already enrolled on a Course which is cancelled, or on a course where changes are significantly detrimental to you, then you will be offered the choice between receiving a pro-rata refund or enrolment on an alternative Course if one is available. This clause does not apply to deliberate changes in the price of a Course.

5.2. Where a Course is withdrawn your Tutor shall endeavour to give you reasonable notice of this.

5.3. In the unlikely event that the amount of the Fee displayed on the Website is incorrect, your Tutor will notify you as soon as it reasonably can. If the correct Fee is higher than the amount displayed on the Website, your Tutor will contact you to notify you of the correct Fee and you will be offered a choice between continuing with your order at the increased Fee, or to cancel your order and receive a full refund of any amount you have already paid. If the correct Fee is lower, your Tutor will refund you the difference between the amount which you have paid and the correct Fee payable. This clause does not cover changes to a course Fee.

5.4. LOP or your Tutor may offer you a discount coupon code to enable you to receive a discount. A public discount coupon code is one which has been published or advertised to the public by LOP or your Tutor. A private discount coupon code is a discount coupon code which is not a public discount coupon code. You should only use a private discount coupon code after being authorised to do so to purchase a product specified by LOP or your Tutor. If you use a private discount coupon code without suitable authority then your Tutor shall be entitled to remove you from the relevant course and retain all or a portion of your payment.

5.5. Where a student pays for a course by buying the first instalment then any failure to pay any subsequent instalment by the due date shall result in the permanent exclusion of the student from their course or courses. In such cases no refund of earlier instalment payments shall be due. The due date of subsequent instalments shall be specified either within the course description or in writing by your tutor prior to purchase.

6. Student commitment and behaviour

6.1. Your commitment to and diligent pursuit of your studies is the key to your success. We monitor your use of our materials, and most Courses also include tests, assignments and/or homework. Your tutor reserves the right to suspend your individual access to a Course in the event that you do not complete such tests, assignments and/or homework adequately without good reason and/or do not respond to reasonable requests for explanations and/or do not participate adequately in a Course on which you are enrolled. In such cases you may be recommended to defer OR permanently excluded from your course OR transferred to another course at the discretion of your Tutor, and following any such action by your Tutor you shall not be eligible for any refund.

6.2. If your Course includes Tutor support then this will be provided, at your Tutor’s option, via Whatsapp or email, study site forum, Skype, Webinar or a mutually agreed communication mechanism and:

a) support will only be given to assist you in understanding the learning materials provided by the course on which you are enrolled.

b) your Tutor shall respond to your request for support within a reasonable period (usually 24 hours). Your Tutor may advise you of holiday periods when their responses may be delayed. Please advise LOP if you do not get a timely response from your Tutor,

c) in exceptional circumstances your Tutor may limit the amount of Tutor support you receive where you make excessive demands on your Tutor. What constitutes excessive demands is at the discretion of your Tutor, but shall be reasonable. If your Tutor notifies you of such a limit then you may apply to withdraw from your Course, and in this case you will be refunded a proportion of your Course fee based on the days from purchase to withdrawal from your course compared to the days from purchase to your exam date. If you disagree with the proposed refund amount then you may request LOP to review it, in which case the assessment of LOP on the reasonableness of any refund shall be final.

d) tutor support via some channels (e.g. WhatsApp) may require your contact details to be visible to others in that support group. By enrolling on your course and revealing your contact details to your Tutor you accept your contact details may become visible to others in one or more support groups associated with your course. If you do not wish to join a specific support group then you should make this clear to your Tutor at the time you purchase your course.

e) tutor support will be relevant to the course it is designed to support. For instance, tutor support for a revision course will not include support relevant to a tuition course, and vice versa.

f) any and all communications and behaviour shall be professional and mutually respectful. You must not share the intellectual property of others on any support group. Any unprofessional or disrespectful communication or behaviour may result in you being suspended or excluded from your Course.

g) support groups will close on or before the date of the exam your Course is designed to support. If your support group is to close more than 24 hours before your exam then this will be stated in your Course description.

7. Deferral / Adequate Progress in Tuition / Transfer

7.1 Your initial decision to take an exam should involve a serious commitment that you intend and have the time and resources to study for and sit your exam.

7.2. Your Tutor may recommend you defer your exam sit based on a lack of participation, but the decision to do so, or not to do so, rests solely with you. If you choose to defer your exam sit you should notify your Tutor as soon as possible.

7.3 If you defer your exam sitting, your Tutor may, at their sole discretion, offer you the option to enrol on a later Course (a Course Deferral) either for free or at a reduced fee (the Deferral Fee). If you choose to take your exam following a decision to defer then your tutor may, at their option, cancel your Course Deferral. If your Course Deferral is cancelled then 50% of any Deferral Fee is refundable on request.

7.4 Tutors may specify their own Deferral Policy and Deferral fee on their Course Description: please read the course description for your course carefully to check whether this is the case.

7.5 If a Tutor’s Deferral Policy is not specified by that Tutor’s Course Description then both any Course Deferral and any related Deferral Fee will be at the sole discretion of your Tutor, and is likely to be influenced by your reasons for your Course Deferral, the date of your request, how long you have been enrolled for, and on other factors your tutor in their reasonable opinion deems relevant. The earlier you Defer, the lower your Deferral Fee is likely to be. A subsequent Course Deferral by a student who has already deferred once will be more expensive, and will only be allowed at the discretion of your tutor.

7.6 Platinum Package courses may require you to adequately engage with your tuition course before you are able to progress to your revision and/or mock course. What constitutes adequate engagement shall be determined by the reasonable judgement of your tutor.

7.7 Where you are judged by your tutor not to have adequately engaged with your tuition course, and you have not previously deferred your course then you will be offered a free deferral. Where you have already had one deferral any subsequent deferral is at the absolute discretion of your tutor.

7.8 Deferral after the ACCA standard enrolment date for your exam will not be possible without evidenced extenuating circumstances.

7.9 Where you are paying for your course by instalments then following any Course Deferral you must continue to pay all instalment(s) by the previously agreed due date(s) to maintain your Course Deferral enrolment. If you are unable to make any previously agreed instalment payment(s) by the agreed due date(s) then you should speak to your tutor before the due date. If you do not pay an instalment by the due date your Tutor may, at their discretion, terminate your enrolment and no refund will be due in such cases.

7.10 Unless your tutor informs you otherwise in writing, where you re-enrol on a later Course at no cost to you (e.g. under a deferral or transfer) then that re-enrolment shall not include any Pass Assurance element otherwise applicable to the course on which you are re-enrolled.

7.11 Transfers to another course offered by a different tutor in the same or a later exam diet are not usually possible as each tutor is an independent provider. Transfers from one course to another where both courses are offered by the same tutor are at the reasonable discretion of that tutor.

8. Webinars / webinar recordings

8.1 Where a webinar is scheduled, but no student has logged on to the webinar within 15 minutes of the commencement of that webinar, the tutor may cancel that webinar.

8.2. Where your course description states that webinars will be recorded but the webinar is not recorded the liability of your tutor shall be limited to either providing a recording of an equivalent webinar or making a £20 refund to each student.

9. Fees / Value Added Tax (VAT)

9.1. Fees for Courses and Resources are quoted in pounds sterling exclusive of VAT (if applicable) and any import duties, taxes and customs clearances which may be payable either by you or by LOP or your Tutor. Where VAT is chargeable by your Tutor this will be stated within the course description, and in this case will be added at checkout. LOP is registered for GST in Australia, but not currently VAT registered in the UK.

9.2. All our Courses/Resources include a personal service element by your Tutor, and are therefore not classed as electronic services for VAT purposes by the EU/UK. As such they are treated as delivered at the location of your Tutor under UK/EU law.

9.3. If you are a registered business outside the UK then you may not be due to pay VAT.  Please discuss your situation with your Tutor in such cases.

9.4. If you are resident in Australia then GST of 10% will be included in your quoted course fee at checkout.

10. Connection to LOP services

10.1. You may incur charges to your internet service provider while you are accessing or using your Course. Charges may also be payable to third parties for use of the software necessary to access your Course, for instance some tutors may use learning materials that require you to have Microsoft Word, Excel or PowerPoint. You are responsible for paying these charges. In some jurisdictions, access to video material held on sites that host your course material may be restricted (FME uses Vimeo for video hosting), and you should check before ordering that this will not prevent you using such services.

10.2. It is your responsibility to check that the computer and internet service you plan to use to access your Course is compatible with the minimum specification requirement that relates to your Course. A reliable bandwidth of at least 1Mbps download/upload speed is recommended. For HD webinars 2-3 Mbps is recommended. For older Treasury courses only, HD videos may sometimes play back through Javascript popups – so you must have Java installed and popups enabled to be able to view them. The LOP area of the ACCA Practice Platform requires a PC or laptop (so cannot be accessed using a tablet or phone), the use of a clean, up to date version of Chrome, and is likely to be unobtainable from behind a corporate firewall.

10.3. You acknowledge and accept that LOP cannot be held responsible for any technical problems you encounter following the purchase of your Course that are outside the control of LOP.

10.4. If you experience a problem with your course, or poor performance from our study site, then you should report this to mark@fmelearnonline.com. LOP shall endeavour to respond within 24 hours (and usually much sooner), and to correct any such fault or poor performance within a reasonable time.

10.5. LOP is not obliged to offer you any technical support in relation to your use of your Course, but LOP may elect to offer technical support and the extent of any such technical support is entirely at the discretion of LOP, and LOP cannot be held responsible for the any consequence from following, or not following, such support or advice. Please contact mark@fmelearnonline.com for such support; we aim to respond promptly and certainly with 24 hours.

10.6. You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to LOP websites and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of any such period of unavailability.

10.7. LOP will use reasonable endeavours to make your Course available but cannot guarantee uninterrupted, timely or error-free availability or that defects will be corrected. LOP reserves the right to suspend access to LOP websites for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

10.8. You also accept and acknowledge that LOP shall not be held responsible for you being unable to your access your Course or any service associated with your Course whether temporarily or permanently as a result of any of the following:

a) the operation of the internet and the World Wide Web, including but not limited to viruses;

b) any firewall restrictions that have been placed on your network or the computer you are using to access your Course;

c) failures of telecommunications links and equipment;

d) issues caused by any update, lack of update or extension to your browser; or

e) any issue connected with the LOP area of the ACCA Practice Platform (which is under the control of the ACCA / TestReach, not LOP). Please note that the ACCA Practice Platform requires a PC or laptop to access (phone/tablet access is not possible) and will only operate through the Chrome or Safari browser.

11. Suitability of study materials / Tutor contact / Availability of published materials

11.1. LOP expects you to take reasonable care to verify that your Course will meet your needs. Neither your Tutor nor LOP make any commitment to you that you will obtain any particular result from your use of your Course. Neither your Tutor nor LOP makes any representation, guarantee or commitment to you that your Course will be error free. LOP does not make any commitment that your Course will be compatible with or operate with your software or hardware.

11.2 There is no guarantee of a minimum amount of contact time with your Tutor.

11.3 Your Course may include the provision of codes to access material published by others electronically (e.g. Kaplan or BPP). Your Tutor should normally provide these codes within 3 days of your enrolment, but cannot be held responsible for delays caused by the actions of the relevant publisher.

12. Liability under this contract

12.1. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.

12.2. The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

12.3. Except as set out in these Terms, neither LOP nor your Tutor shall be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

1. a) indirect or consequential losses
2. b) loss of income or revenue
3. c) loss of business
4. d) loss of anticipated savings
5. e) loss or corruption of data.

12.4. Neither LOP nor your Tutor can be held responsible to you for any data that you lose as a result of accessing your Course. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing your Course.

12.5. Save as otherwise set out in this section “Limitation of liability”, your Tutor’s and LOP’s maximum aggregate liability to you for any claims that you may have against your Tutor or LOP for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, your use of your Course and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf for your Course.

12.6. Neither your Tutor nor LOP will be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect your statutory rights.

12.7. Your Course is for educational purposes only. Neither your Tutor nor LOP will accept any responsibility to any party for the use of your Course for any purpose other than for educational purposes, including but not limited to the giving of advice by you to any third party.

13. Intellectual property

13.1. At all times, your Tutor, LOP and/or their licensors, remain the owner of the intellectual property in your Course. No part of your Course may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of your Tutor.

13.2. In consideration of receipt by your Tutor of the Fee, your Tutor grants to you a non-exclusive, non-transferable licence to use your Course strictly for your own educational purposes only. The licence granted is to access your Course from three devices only. LOP and your Tutor have access to the IP address of those devices that access the VLE, and reserves the right to cancel your access without the return of any fee, should you access your Course via our VLE from more than three devices.

13.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of your Course. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of your Course or create derivative works based on the whole of or any part of your Course or incorporate any part of your Course into any software program. Use of your Course not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either your Tutor’s or LOP’s copyright or your Tutor’s or LOP’s other intellectual property rights, and / or the copyright or other intellectual property rights of your Tutor’s or LOP’s licensors.

14. Data protection

14.1. LOP is registered with the UK Data Commissioners Office under registration reference ZB594021. LOP will process the personal information it receives from you or otherwise holds about you in accordance with the General Data Protection Regulations. You consent to the use by your Tutor and LOP of such information in accordance with those regulations until and unless you have withdrawn your consent. LOP and / or your Tutor will use your data to supply the services you have bought. LOP or your Tutor may use your data for direct marketing (unless you request otherwise). LOP will not share your data with third parties unless this is necessary for the delivery of your Course to you or other students, or is a statutory requirement. You have the right to receive details of the personal information held by LOP by contacting Mark Ingram via mark@fmelearnonline.com. The Appendix labelled ‘Data Protection Policy’ appended to and forming part of these Terms and Conditions outlines the nature of the personal data LOP holds and how this is used and protected.

14.2. In the event that you do not wish to receive marketing correspondence from LOP a written request or email should be sent to LOP at mark@fmelearnonline.com. Your Tutor may also have your personal data so should be contacted with a written request if you wish them to delete your data.

14.3 LOP may with your specific permission use your personal data (name, email, date of birth and ACCA number) to register you on the ACCA Practice Platform, which involves sharing that data (which is already held by the ACCA) with the ACCA. LOP may with your specific permission share your personal data as part of the ACCA Results Service. Such data and permissions can be managed and deleted by you on your LOP Study Site account.

15. Overdue amounts

15.1. Your Tutor reserves the right to charge late payment interest on any overdue amounts, at a rate of 8% a year above the base lending rate of Barclays Bank plc from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

15.2. LOP and your Tutor reserve the right to recover any reasonable debt collection costs in connection with these Terms.

16. Other terms and conditions

16.1. LOP may update or amend these Terms from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be available through this website.

16.2. The t&cs tab of the product or course you purchase may outline how your tutor will use the discretion given them by these Terms, but where there is any conflict between that t&cs tab and these Terms then these Terms shall prevail.

16.3 The t&cs tab and these Terms constitute the entire agreement and understanding between the parties and supersedes and replaces any other terms and conditions previously published by LOP and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by LOP or your Tutor to you, whether oral, written or otherwise, relating to the subject matter of these Terms.

16.4. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. LOP or your Tutor may assign, transfer or sub-contract any of their rights or obligations under these Terms to any third party at their discretion.

16.5. No relaxation or delay by LOP or your Tutor in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by LOP or your Tutor in writing.

16.6. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

16.7. Any notices required to be served on you by LOP or your Tutor under these Terms will be deemed properly served if emailed to the email address notified by you. Any notices required to be served on LOP or your Tutor by you will be deemed properly served if sent to the address set out at the start of this agreement.

16.8. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.

16.9. The agreement between you and LOP and your Tutor will be concluded in English only.

16.10. The agreement between you and LOP and your Tutor which is compromised in these Terms is not intended to be for the benefit of any other party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

16.11. These Terms and any other matters arising out of or in relation to these Terms are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.

 

Appendix 1: Data Protection Policy

For the purposes of this policy, LOP means LearnOnline Platforms Pty Ltd trading as FMELearnOnline.

1. LOP Study site / ACCA Practice Platform / ACCA Exam Results service

1.1. To gain access to the https://study.fmelearonline.com study site you must give us data on your first name, last name and email address. Our study sites use Moodle open source software, maintained by a registered Moodle partner, to store this information. Moodle logs your IP address for security and support purposes.

1.2. All Moodle sites require a small amount of information to be stored and maintained for user access. User data will be stored securely within this Moodle site and backed up nightly. Backups are kept for 30 days. You may amend or correct this data yourself through your Moodle user account, which you have access to during and after your enrolment.

1.3. LOP has been allocated an exclusive area of ACCA’s Practice Platform by ACCA for the sole use of LOP students. To register you on this area LOP must provide the ACCA with your name, email address, date of birth and ACCA number, which the ACCA cross checks against their records before allowing LOP to register you as a student on the LOP exclusive area.  Providing us with this data is taken to also give us permission to use this data for this purpose.

1.4. Where you give us explicit permission to do so, we will also use your data to register you as our student with ACCA.  This allows ACCA to assess our collective pass rates, and for ACCA to provide us with your exam result. You may withdraw your permission at any time by amending your Study Site user information.

2. Accounting Data

2.1. LOP Learn Online is required to keep data on clients, tutors and suppliers for accounting purposes.  We use the Xero accounting package to do this.

2.2. All clients and suppliers (students, tutors and others) who interact with LOP consent to consent to LOP Learn Online storing and processing their contact details and transaction data.

2.3. LOP Learn Online’s accounting system includes both cloud based and desktop based systems. The accounting system allows us to maintain records of the services you have purchased from or supplied to us. We must maintain this data for taxation and statutory compliance purposes.

2.4. We keep some or all of the following information for accounting purposes:

a) Customer / supplier name, address, phone, email and other contact details.

b) Transaction data such as Stripe reference, amount, date, product purchased etc.

3. Backups

3.1. Backups of LOP sites are made nightly and stored for 30 days.

3.2. Backups hold a full copy of each site database: this includes all user information and their interactions with the site such as IP address, messaging, forums, assessments, days of login, activity tracking, etc.

3.3. Backup files are stored on dedicated encrypted disks using a cloud service within the EU. Overwrite of backups occurs every 30 days.

4. LOP server information

4.1. LOP uses cloud-based servers with third party providers based in the EU and elsewhere to host our websites.

4.2. All our servers are cloud based and managed / supported by EU based hosting companies and other EU and non-EU contractors. LOP contractors and hosting support staff may have access to these servers from time to time, and the hosting providers or other contractors may require access for purposes of support. All clients (students, tutors and others) utilising our services are required to give their consent to our hosting your sites in this cloud.

• All servers sit behind firewalls with only the required ports open to the outside world
• User passwords must meet minimum password standards.
• Administrative account passwords must meet strong password standards, and are usually also subject to two form factor authentication
• Individual sites on our servers are under separate user accounts and are locked down so that one client cannot gain access to another client’s account
• Our cloud hosting providers use intrusion detection software which monitors for unusual activity and flags on our monitoring systems should anything untoward occur
• Our cloud service providers have software in place to prevent brute force attacks on passwords
• Our cloud service providers’ agents use a secure password database with two form factor authentication to access account details for server and sites
• All cloud service providers backup all sites nightly and these backups are kept for 30 days

5. Email information

5.1. Email is managed and stored on Google Drive, Microsoft OneDrive and EU hosting providers.

5.2. LOP email is managed and stored on Google and EU hosting providers.

6. Electronic document storage

6.1. LOP stores electronic documents and files on local PC’s, Google Drive and Microsoft OneDrive. These files primarily contain information of a non-personal nature such as learning materials. However, accounting records and emails may include personal data, and learning videos may contain personal images.

7. Visual images and recordings

7.1. LOP may use Vimeo, Zoom, YouTube and Sessions to store learning videos and recordings of webinars. Such material may be retained for an extended period as it may be incorporated into subsequent learning materials.

7.2. Personal data may include the image of tutors, and occasionally the names and comments of webinar attendees.

8. Student enrolments, progression and results

8.1. We use Zoho CRM and Excel as longer term data repositories of your enrolment, progression and results.  We use this data to manage your personal enrolment, for management information purposes, and to meet our obligations to ACCA on enrolments.  If you have given us permission to do so, we may use such data to send you our newsletter using Zoho One, which you may then choose to opt out of.

9. Tutor held personal data

9.1. LOP acts primarily as the agent of independent accounting and finance tutors. LOP is not responsible for the data management policies of those principals unless data is supplied to those tutors by LOP. LOP requires and has received assurances by those tutors that they will abide by GDPR principles in regard to all personal data supplied to them by LOP.

 

Appendix 2: Complaints policy

Introduction

This document outlines the policy which applies to complaints by students concerning their treatment by LOP or by a Tutor utilising the LOP platform. These guidelines are designed to ensure complaints are investigated and resolved in a fair and timely manner, and that LOP learns from such complaints and implements appropriate responses.

Policy

1. Complaints should, where reasonably possible, be raised informally with your tutor. This is particularly the case if your complaint concerns your experience of the service you have received from LOP as operator of https://study.fmelearonline.com. If discussion with your tutor is not possible, or you would rather not raise the matter with your tutor, then an informal complaint can be made direct to FME.
2. Formal complaints should be made as soon as reasonably possible after the informal complaints procedures explained here are exhausted, and within 60 calendar days of the occurrence of the event which is the subject of the complaint.
3. If submitted more than 40 calendar days after the event which is the subject of the complaint then a formal complaint will only be considered where there are good reasons for the delay. An explanation for any such delay, together with authoritative evidence to support such lateness, should accompany any Formal Complaint.
4. Formal complaints should be made by email to mark@fmelearnonline.comor by WhatsApp to +61499299839. Any communication received which states that it is a formal complaint will be treated as such. Any formal complaint received by email will be acknowledged as having been received within 24 hours. If no acknowledgement is received then it is likely your email has not been received, and you should contact us by WhatsApp. We also suggest you contact LOP by phone (+61 8 6186 9248 or +41 20 7097 1227) in these circumstances.
5. A formal complaint should:

a) state the nature of the complaint,

b) state whether your complaint concerns the actions or non-actions of a particular person,

c) provide evidence to support the complaint, and

d) detail the outcome and/or remedy being sought.

The formal complaint investigation can only investigate what is complained about on the basis of evidence available to LOP. You should ensure all issues are addressed, and that you provide what evidence you can to support your complaint. This evidence should include a full WhatsApp Export (with media) of any WhatsApp chat with your tutor, and copies of any other correspondence with your tutor, where issues relevant to the complaint were discussed with your tutor. LOP will check all complaints against data held by LOP.

6. Where your complaint concerns the actions of a particular person then that person may, if appropriate, be informed of your complaint and allowed to present evidence to explain their actions, but will not otherwise be involved in the handling of your complaint. Your identity will only be revealed as part of this process where this is necessary for the person complained of to respond to the complaint.
7. LOP will investigate your complaint in a timely fashion, will keep you informed of the progress of your complaint, and will inform you of the outcome of your complaint within 14 days unless there is good reason for any investigation to take longer.
8. The role of LOP in investigating such complaints is that of an arbitrator. Your contract is between tutor and student, and LOP’s role is to ensure that contract is upheld fairly. LOP is not able to require a tutor to settle outside your contractual terms. LOP may make a recommendation to a tutor to offer extra contractual concessions where natural justice demands.
9. As part of each purchase a student is required to confirm they have read the LOP terms and conditions. Where the primary ground for complaint is a lack of awareness of the course description or contractual terms and conditions under which each course is purchased then this will not be considered evidence of exceptional circumstances. LOP will assume that aspirant professional accountants making a significant purchase will research what they are buying and so will have read the course outline, and terms and conditions where these are material, before purchase.
10. LOP is governed by professional ethical codes. This means LOP may be obliged under those ethical codes to inform the ACCA or another professional body where evidence is found of a breach of those professional ethical codes by FME, your tutor or yourself.
11. If your complaint is not handled to your satisfaction then you have the option to escalate your complaint to ACCA. If you are still not satisfied following the ACCA’s involvement then you can escalate your complaint to the appropriate regulator. Details of how to pursue your complaint further can be found at https://www.accaglobal.com/gb/en/footer-toolbar/contact-us/unhappy.html