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

2.1 Fmetraining.com and fmelearnonline.com are brands owned by FME Training Ltd (‘FME’) whose registered office is 30 Reigate Road, Reigate, Surrey RH2 0QN, UK, registered in England and Wales under company number 04091572.  FME Training Ltd has licensed these brands to FME Training Pty Ltd, registered in Australia ABN 74111304584, registered office 162 Acton Avenue, Rivervale, WA 6103, Australia (a Perth suburb).  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@fmetraining.com.  We are usually available via WhatsApp or telephone from 8am to 9pm Perth WA time.  We aim to respond to email queries within 24 hours, and usually much sooner.
2.2. Fmetraining.com and fmelearnonline.com contain details of courses, resources or other products offered by FME and by other Tutors and Tuition Companies (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 or Tuition Company listed as responsible for that Course (‘your Tutor’).  This may or may not be FME.  For details of the legal entity with which you are contracting please see the description page for your Tutor (under ‘Tutors’ in the main menu of this site).
2.4. FME 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.  FME undertakes to use its best endeavours to ensure that your Tutor acts in good faith and according to the terms of this agreement.   FME 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 our website or via email. Your order is accepted by your Tutor once cleared funds have been received by FME or your Tutor.
2.6. Access to your Course is via FME’s Virtual Learning Environment (VLE) study.fmelearnonline.com (the “VLE”).
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 the March 202X exam date.  See also the deferral and transfer section below.
2.8 Your tutor is contractually obliged by FME to deliver their courses under these terms and conditions.  Your tutor cannot amend these terms and conditions, but they can provide more information as to how they will exercise their discretion and / or add additional terms through course descriptions given on this website, or through direct 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 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. FME 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 FME 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 Neither FME Training Ltd nor your tutor takes any responsibility for visa applications.  FME courses are fully online and therefore are available in all countries that allow you to access the FME websites.
3.3 Taking a professional exam can be a stressful experience.  FME Tutors may offer informal educational counselling as part of your course 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, FME Tutors are not psychologists or qualified mental health professionals; should you require such support we strongly suggest you seek this sooner rather than later.
3.4 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, 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 proportionate refund based on your period of enrolment on your course.
4.1.1 You will be enrolled on the VLE within two working days of funds clearing to FME or your Tutor via a payment gateway such as Stripe (often you will be enrolled immediately), or within five working days of FME 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.
4.2. Where you cancel within 14 days of purchase: You may cancel any purchase within 14 days of your order and receive a full refund by emailing  mark@fmetraining.com UNLESS you have purchased and downloaded a product, or you have accessed our VLE using your registered name and password.  If you have purchased and downloaded a downloadable product no refund will be given.  If you have purchased a course (or courses) and accessed our VLE then 70% of the full undiscounted value of the course (or courses) you have accessed will be deducted from your payment and the balance refunded.  This is because you are often able to view most video content of a course from the course home page.
4.3. Where you cancel more than 14 days after purchase no refund will be made.  If you are paying by instalments, your access to the course will be cancelled and any unpaid instalment liability will also be cancelled.
4.4. If you enrol on an ACCA course you will be asked to supply your ACCA number and date of birth (your data).  Your data is required by the ACCA to enable us to enrol you on the FME instance of the ACCA CBE practice platform, and also to allow the ACCA to monitor our pass rates, and thereby ensure our continued accreditation.
4.4.1 Our inability to enrol you on the ACCA CBE 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 CBE practice platform.
4.4.2 We also ask for your permission to share your data with the ACCA as part of their Approved Learning Provider Results Service.  You are required to give this permission if you wish to claim under a Pass Assurance, Pass Guarantee or Free Re-enrolment scheme.  You may decline to allow your data to be used for this purpose, but if you do so you will not be entitled to claim under any pass assurance scheme.
4.5 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.
4.6 A Pass Assurance, Pass Guarantees, a Free Re-enrolment offer or other sales incentive, where offered, will always include conditions that will be set out in the course or offer description and must be met before the offer can be exercised. None of these sales incentives guarantee that you will pass your exam or indicate any special relationship with your examiner.
4.6.1 Offer conditions usually include a minimum score in mock and real exams, and minimum course participation requirements.  You should ensure you read such conditions before purchasing your course.
4.6.2 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 Pass Assurance, Pass Guarantees, a Free Re-enrolment offer) then that re-enrolment shall not include any Pass Assurance, Pass Guarantee or Free Re-enrolment element of the course on which you are re-enrolled. 
4.7 Where you are unable to complete your exam for any reason then you are NOT entitled to re-enrolment 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 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.
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.
5.4. FME 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 FME 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 particular product by FME 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 tutor and a student agree to payments by instalments, they will agree the dates for subsequent instalments.  If dates for subsequent instalments are not specified in writing, or there is disagreement on the dates agreed, then instalment payment dates shall be at one monthly intervals.
5.6. If a student fails to make an instalment payment as agreed then they may be permanently excluded from their course or courses at the discretion of the tutor.  In such cases no refund of earlier instalment payments shall be due.

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 many 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 will be required to give assurances you will adequately complete any required tests, assignments and/or homework before being re-enrolled on your Course. In the event you do not give such assurances, or do not complete such work as you undertake to complete, or your assurances are not deemed adequate by your Tutor, you may be recommended to defer or permanently excluded at the discretion of your Tutor.  If you are permanently excluded then 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 FME 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. 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 fraction of your Course fee. This refund shall be estimated by your Tutor. If you disagree with the proposed refund amount then you may request FME to review it, in which case the assessment of FME 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 then 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 your 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.  You should read the Course Description on this website carefully to identify the date your support group will close.

7. Deferral or Transfer

7.1. Any decision to defer sitting for your exam is yours. Your Tutor may in exceptional circumstances recommend you consider deferring your exam sit 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.  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).  You should carefully read your Tutor’s terms and conditions for their approach to deferrals.
7.2 It is rarely in your interests to defer your sitting: 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.  FME does not encourage deferrals.  
7.3 Deferral after the ACCA standard enrolment date for your exam will not be possible without evidenced extenuating circumstances.
7.4 FME Platinum Package courses may require you to make adequate progress on your tuition course before you are able to progress to your revision and mock course.  If, in the opinion of your tutor, you do not make adequate progress in your tuition course then you may not be allowed to progress to your revision and mock course.  Where this happens and you have not previously deferred your course then you will be offered a free deferral.  Where you have already had one free deferral any subsequent deferral, and any charge for such a deferral, is at the absolute discretion of your tutor.
7.5 Where you are paying for your course by instalments then any Course Deferral is conditional on you continuing to make payment under the previously agreed terms. You must pay all instalment(s) by the previously agreed due date(s) to maintain your continued enrolment on your course.  If you are unable to make subsequent 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.  No refund will be due in such cases.
7.6 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, Pass Guarantee or Free Re-enrolment element of the course on which you are re-enrolled.
7.7 Tutors may specify their 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.  If the Deferral Policy is not specified by the 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.
7.8 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. Webinars are usually recorded. However, where a webinar is not recorded, either due to that webinar not taking place being cancelled or a technical failure, the liability of your tutor shall be limited to either providing a recording of an equivalent webinar, or offering a pro-rata refund for those who did not attend. For those who attended any such webinar, whether in part or for the whole of that webinar, no pro-rata refund shall be due. 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 and provide an equivalent recording instead.

9. Fees / Value Added Tax (VAT)

9.1. Fees for Courses and Resources are quoted in pounds sterling inclusive of VAT (if applicable) and exclusive of all postal charges payable in relation to the delivery of your Course (if any) and any import duties, taxes and customs clearances which may be payable either by you or by FME or your Tutor.  Where VAT is included in the quoted price this will be made clear by your Tutor.  FME Training Ltd is not currently VAT registered.
9.2. All our Courses/Resources include a personal service element by your Tutor (no matter how small), and are therefore not classed as electronic services for VAT purposes. If you purchase your Course and your Tutor is VAT registered VAT will be added (at the rate applicable in the country of your Tutor) to your payment prior to the completion of your transaction.
9.3. If you are a registered business outside the UK then you may not be due to pay VAT, in which case you should email your Tutor (please cc FME) with evidence of your status and your proposed Course.  Your Tutor will choose whether to charge VAT on their services in such cases, and how payment should be made.

10. Connection to FME 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 FME area of the ACCA CBE 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 FME cannot be held responsible for any technical problems you encounter following the purchase of your Course that are outside the control of FME.
10.4. If you experience a problem with your course Course, or poor performance from our study site, then you should report this to mark@fmetraining.com.  FME 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. FME is not obliged to offer you any technical support in relation to your use of your Course, but FME may elect to offer technical support and the extent of any such technical support is entirely at the discretion of FME, and FME cannot be held responsible for the any consequence from following, or not following, such support or advice.  Please contact mark@fmetraining.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 FME 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. FME will use reasonable endeavours to make your Course available but cannot guarantee uninterrupted, timely or error-free availability or that defects will be corrected. FME reserves the right to suspend access to FME 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 FME 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 FME area of the ACCA CBE practice platform (which is under the control of the ACCA / TestReach, not FME).  Please note that the CBE Practice Platform requires a PC or laptop to access (phone/tablet access is not possible) and will only operate through the Chrome browser.

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

11.1. FME expects you to take reasonable care to verify that your Course will meet your needs. Neither your Tutor nor FME make any commitment to you that you will obtain any particular result from your use of your Course. Neither your Tutor nor FME makes any representation, guarantee or commitment to you that your Course will be error free. FME 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 FME 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:
a)     indirect or consequential losses
b)     loss of income or revenue
c)      loss of business
d)     loss of anticipated savings
e)     loss or corruption of data.
12.4. Neither FME 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 FME’s maximum aggregate liability to you for any claims that you may have against your Tutor or FME 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 FME 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 FME 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, FME 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 FME.
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 two devices only. FME 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 two 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 FME’s copyright or your Tutor’s or FME’s other intellectual property rights, and / or the copyright or other intellectual property rights of your Tutor’s or FME’s licensors.

14. Data protection

14.1. FME is registered with the UK Data Commissioners Office under registration reference Z3317981. FME 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 FME of such information in accordance with those regulations until and unless you have withdrawn your consent. FME and / or your Tutor will use your data to supply the services you have bought. FME or your Tutor may use your data for direct marketing (unless you request otherwise).  FME 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 FME by contacting Mark Ingram via mark@fmetraining.com.  The Appendix labelled ‘Data Protection Policy’ appended to and forming part of these Terms and Conditions outlines the nature of the personal data FME holds and how this is used and protected.
14.2. In the event that you do not wish to receive marketing correspondence from FME or any member of the FME group of companies, a written request or email should be sent to FME at mark@fmetraining.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 FME may with your specific permission use your personal data (name, email, date of birth and ACCA number) to register you on the ACCA CBE practice platform, which involves sharing that data (which is already held by the ACCA) with the ACCA.  FME 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 FME 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. FME 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. FME 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 posted on the website www.fmelearnonline.com.
16.2. These Terms constitute the entire agreement and understanding between the parties and supersedes and replaces any other terms and conditions previously published by FME and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by FME or your Tutor to you, whether oral, written or otherwise, relating to the subject matter of these Terms.
16.3. 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. FME 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.
16.4. No relaxation or delay by FME 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 FME or your Tutor in writing.
16.5. 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.
16.6. Any notices required to be served on you by FME 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 FME or your Tutor by you will be deemed properly served if sent to the address set out at the start of this agreement.
16.7. 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.
16.8. The agreement between you and FME and your Tutor will be concluded in English only.
16.9. The agreement between you and FME 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.
16.10. 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.