Terms & Conditions
Terms and Conditions of Use
August, 2024
These terms and conditions together with the enrolment form comprise the agreement ('Agreement') pursuant to which RELX (UK) Limited trading as Tolley Exam Training ('Tolley Exam Training', 'us' or 'We') shall provide the courses ('Courses') set out together with access to Tolley Online Academy and/ or Tolley Performance Tracker ('Online Services') if applicable and supply study material ('Learning Materials') to the student named on the enrolment form ('you' or 'Student').
1. Payment Terms
1.1 Full payment is due from you on enrolment of all courses or, if applicable, authorisation to invoice your employer must accompany the enrolment form.
1.2 Full payment or authorisation to invoice your employer for any online study tool is required when ordered and prior to any log on details being supplied for Online Services.
1.3 Where Tolley Exam Training has received authorisation to invoice an employer on your behalf, the following payment terms apply:
a) full payment is due within 30 days from the date of the invoice.
b) Payment is due immediately if booking is made less than 30 days before the course start date.
c) If Tolley Exam Training fails to receive full payment of the invoice by the course start date the customer may be refused entry to the course.
d) Tolley Exam Training reserves the right to charge late payment interest on any outstanding invoices, at a rate of 1.5% above the Bank of England base rate.
e) Tolley reserve the right to recover any reasonable debt collection costs in connection with this Agreement.
f) The employer is liable for all unpaid invoices.
1.4 VAT. All prices do not include VAT which shall be charged in addition where applicable and Tolley Exam Training reserves the right to alter the VAT charge in line with the HMRC requirements from time to time.
2. Cancellation of Courses
2.1 Tolley Exam Training reserves the right to cancel a particular course at any time, in which case, fees that relate to that Course, or an element thereof, will be refunded to the payee.
2.2 Tolley Exam Training reserves the right at any time and without prior notice, to change the venue of the course, and/or tutor, and/or programme, from that described in our Course information pack.
3. Despatch of Learning Materials
3.1 Tolley Exam Training shall despatch Learning Materials on receipt of full payment or authorisation to invoice an employer in accordance with the following delivery guidelines:
a) UK: delivery within approximately 5-7 working days of despatch;
b) Europe: delivery within approximately 10-12 working days of despatch; and
c) Rest of the world: delivery within approximately 10-15 working days of despatch.
4. Courses
4.1.1 Distance Learning.
Your Distance Learning course comprises the following:
a) Hard copy of the relevant manual(s) and question bank(s), if appropriate.
b) Access to secure e-book copies of the manual(s) and question bank(s), if appropriate, via Tolley Online Academy.
c) Access to the relevant audio-visual lectures, if appropriate, via Tolley Online Academy.
d) Home study practice and pre-revision mock examinations. These are available via our Tolley Onscreen Mock (TOM) system accessed from the Tolley Online Academy and will be marked by us and uploaded back to your account
e) Tutor support via the student and tutor forums on Tolley Online Academy or by email to technicalqueries@lexisnexis.co.uk
4.1.2 The following conditions shall apply:
a) Your login details for Tolley Online Academy are for your personal use (single user) only and are not transferable to any other person.
b) Unless otherwise agreed to by LN in writing, use of the Online Services is permitted only via individual users engaged in an active user session and may not be collected via automated or robotic methods. Regardless of the data delivery method, Content may not be used in conjunction with a generative AI solution.
c) Your entitlement to tutor support is valid up to the end of the real examinations for which you are registered with us, unless you defer your attempt in accordance with the conditions below.
d) Your ability to access the online material extends to the end of November in the calendar year for which you are registered with us to attempt that particular paper, unless you defer your attempt in accordance with the conditions below.
4.2 Guaranteed Pass Scheme.
4.2.1 Your Guaranteed Pass Scheme comprises the following:
a) Distance Learning as described above.
b) A place on our Tuition Course(s) relevant to the paper booked.
c) A place on our Revision Course relevant to the paper booked. Free material and revision course if you satisfy the conditions below and do not pass a particular examination.
4.2.2 Conditions that must be satisfied for students to be eligible for a free resit and free material are as follows: a) All practice examinations must be submitted by the due date as shown on your personalised study programme available on your Tolley Online Academy.
b) Students may only amend the due dates on their study programme in extenuating circumstances and must contact exam training to have this approved.
c) Students must achieve a minimum of 35% in each practice exam. For the CTA APS paper you must achieve one competency in the practice exam
d) You must submit your pre revision mock examinations by the date specified on the study programme and achieve a minimum of 40% in each one. For the CTA APS paper you must achieve two competencies in the pre-revision mock.
e) All exams are completed and automatically submitted via TOM however it is your responsibility to ensure that your practice and pre revision mock exams are received by the Exam Training team. You should check on your Tolley Online Academy to ensure that your exam has been logged as received. If it is not marked as received on your programme within five days of sending you should contact us. You must also keep all marked examinations that are returned to you.
f) You must attend all days of the modular tuition and revision courses. You must attend for all sessions each day. For the avoidance of doubt, and unless otherwise agreed in advance, online sessions must be attended live at the time of delivery.
g) It is your responsibility to ensure that your attendance is recorded by the tutor on the attendance sheet in class or by providing your full name when logging in to the Online Tuition Live sessions
h) You must sit your revision mock examinations via the Timed Onscreen Mock system on the scheduled dates following your revision course and achieve a minimum of 40% in each one. For the CTA APS paper you must achieve two competencies in the revision mock.
i) You will be allowed one deferral and still be eligible for the Guaranteed Pass Scheme. All deferrals must be in accordance with our deferral policy, see below. You will be permitted to defer a second or subsequent time in line with the policy below but this will invalidate your entitlement to the Guaranteed Pass Scheme.
j) No refunds will be given for course or material bookings made under the Guaranteed Pass Scheme.
k) If you are completing the ATT Qualification as part of a Level 4 Apprenticeship, conditions that must be satisfied for students to be eligible for a free resit role simulation course and free online material are as follows:
l) You must attend all days of your course. You must attend for all sessions each day.
m) You must submit your revision mock on the final day of your course and achieve a minimum of 70%.
4.3 Tuition Courses a) In order to attend a Tuition Course you must purchase the relevant Distance Learning or Guaranteed Pass Scheme course.
b) As specified in the joining instructions, if you have purchased Online Distance Learning and you are attending:
- a face to face Tuition Course you must bring a device with you from which you can access the secure e-book copies of the relevant learning materials via Tolley Online Academy
- an Online Tuition Live session you must ensure that you are able to access both the online classroom and the required secure e-book copies of the relevant learning materials via Tolley Online Academy c) Joining instructions giving details of the course location (face to face or online), course timings and learning materials required will be sent by email between two and three weeks prior to the start of the course. It is your responsibility to supply us with a valid email address and to keep this up to date. We recommend that you add examtraining@lexisnexis.co.uk to your trusted contacts list or check your spam/junk email folder regularly
4.4 Online Distance Learning
4.4.1 Your Online Distance Learning Course comprises the following:
a) Access to secure e-book copies of the manual(s) and question bank(s) via Tolley Online Academy, where appropriate.
b) Access to the audio-visual lectures via Tolley Online Academy, if appropriate
c) Home study practice and pre-revision mock examinations. These are available via our Tolley Onscreen Mock (TOM) system accessed from the Tolley Online Academy and will be marked by us and uploaded back to your account
d) Tutor support via the student and tutor forums on Tolley Online Academy or by email to technicalqueries@lexisnexis.co.uk
4.4.2 You should be aware of the following conditions:
a) Your login details for Tolley Online Academy are for your personal use (single user) only and are not transferable to any other person.
b) Unless otherwise agreed to by LN in writing, use of the Online Services is permitted only via individual users engaged in an active user session and may not be collected via automated or robotic methods. Regardless of the data delivery method, Content may not be used in conjunction with a generative AI solution.
c) Your entitlement to tutor support is valid up to the end of the real examinations for which you are registered with us, unless you defer your attempt in accordance with the conditions below.
d) Your ability to access the online material extends to the end of November in the calendar year for which you are registered with us to attempt that particular paper, unless you defer your attempt in accordance with the conditions below.
4.5 Tuition and Revision Courses
Subject to availability, provided full payment has been received, and Tolley Exam Training is informed at least 14 working days prior to the course date, it may be possible to transfer to an alternative course date, for which a course transfer fee of £25 will be charged. Such transfer may also give rise to an additional charge by Tolley Exam Training for replacement learning materials.
4.6 Online Legislation
a) As part of the booking process for your Course, you will be given the option to purchase at an additional cost, online copies of legislation relevant to your Course (‘Online Legislation’) which, if purchased, will be supplied through the LexisNexis Digital Library. Online Legislation purchased by you will form part of your ‘Learning Materials’ under this Agreement.
b) You will have access to the Online Legislation in the LexisNexis Digital Library from the date of purchase until the end of February in the year following your exams. For example, Online Legislation purchased for exams in 2024 will be made available to you until 28th February 2025.
4.7 CIOT Diploma in Tax Technology course
a) Once signed up for the CIOT Diploma in Tax Technology, you will receive log-in details for the Tolley Online Academy and Tolley Assessment Centre, from which you will access all study materials and assessments. Your access will remain valid for two years from the date of registration with the CIOT.
b) Materials will be updated annually, starting in early 2024. If you are partway through a module at this point then you will need to start that module again.
5. Intellectual Property
5.1 Tolley Exam Training grants you a non-transferable, non-exclusive licence to use Tolley Exam Training's Course products and specified Online Services (subject to the additional Online Services Terms) for the relevant Course (including information, training material content, software and data) under the terms of this Agreement.
5.2 This licence shall terminate immediately upon termination of this Agreement for whatsoever reason.
5.3 You warrant that you shall only use Tolley Exam Training's Course products and Online Services for your own educational purposes and shall not, without Tolley Exam Training's prior written consent, copy, make available, retransmit, reproduce, sell, disseminate, licence, distribute, publish, broadcast or otherwise circulate Tolley Exam Training's Course products or Online Services (or any part of them) to any person other than in accordance with this Agreement.
5.4 You will fully indemnify Tolley Exam Training in respect of any infringement of any intellectual property rights arising as a result of the use of Tolley Exam Training's Course products in breach of this Agreement.
6. Registration and Exam Entry
6.1 Tolley Exam Training accept no responsibility for non-registration by the student with the relevant professional body or institute in respect of their exam. The professional bodies/institutes are separate from Tolley Exam Training and it is the student’s responsibility to register as a student member and enter into examinations with the relevant professional body.
7. Deferrals Policy
7.1 Fees
Fees are payable in respect of the particular examination sitting booked. This entitles you to Material, tutor support and Online Services access for the sitting booked, as described in the relevant sections for each Course above. You are also entitled to submit practice exams for marking and these will be marked in accordance with our normal marking policy. Please see details in the section below on “Marking of scripts”.
7.2 Deferrals with no change of Finance Act
7.2.1 If you wish to defer your examination attempt to a later examination sitting where there is not a change of Finance Act you will not be entitled to further tutor support, nor to Online Academy access, nor marking of practice/pre revision mock examinations UNLESS you comply with the following conditions:
a) This is the first deferral of this particular paper for which there was no change of Finance Act.
b) For ATT and CTA courses, you notify us in writing prior to 1 April immediately preceding the examination sitting booked (if your current exam sitting is May) or 1 October immediately preceding the examination sitting booked (if your current exam sitting is November).
c) For ADIT courses, you notify us in writing prior to 1 May immediately preceding the examination sitting booked (if your current exam sitting is June) or 1 November immediately preceding the examination sitting booked (if your current exam sitting is December)
d) You pay us a fee of £10 plus VAT per paper for which you wish to defer to cover our administration costs. If you are booked onto the Guaranteed Pass Scheme (GPS) and there are courses being run after the date you inform us of your deferral which you have not already attended, you will be entitled to attend the equivalent courses for the next examination sitting. You will still qualify under the GPS providing this is your first deferral for this paper and you satisfy all of the other conditions of the scheme.
e) Your current invoice has been paid in full.
7.3 Deferrals with a change of Finance Act
7.3.1 If you wish to defer your examination attempt to a later examination sitting where there is a change of Finance Act you will not be entitled under your current contract to updated material, nor to further tutor support, nor to Online marking of practice/pre revision mock examinations UNLESS you comply with the following conditions: a) This is the first deferral of this particular paper for which there was a change of Finance Act.
b) For ATT and CTA courses, you notify us in writing prior to 1 October immediately preceding the examination sitting booked (if your current exam sitting is November) or 1 April immediately preceding the examination sitting booked (if your current exam sitting is May).
c) For ADIT courses, you notify us in writing prior to 1 November immediately preceding the examination sitting booked (if your current exam sitting is December) or 1 May immediately preceding the examination sitting booked (if your current exam sitting is June)
d) You pay us a fee of 50% of the relevant correspondence course fee plus VAT per paper for which you wish to defer. Access will then be given to the updated material online and, if you are enrolled on Distance Learning we will also supply you with a full new set of correspondence material.
e) The new sitting covers a Finance Act for the year immediately following that covered in the examination sitting originally booked. If you are booked onto the GPS and there are courses being run after the date you inform us of your deferral which you have not already attended, you will be entitled to attend the equivalent courses for the next examination sitting. You will still qualify under the GPS providing this is your first deferral for this paper and you satisfy all of the other conditions of the scheme.
f) Your current invoice has been paid in full.
8. Cancellation Policy
8.1 Under no circumstances will there be any refunds in respect of Distance Learning bookings or material sales. For Distance Learning bookings you may defer your attempt until a later sitting under the deferral rules.
8.2 Under no circumstances will there be any refunds in respect of Guaranteed Pass Scheme bookings. You may defer your attempt until a later sitting under the deferral rules.
8.3 If you have booked individual courses you may cancel for a full refund if you notify us in writing more than twenty eight days prior to the start of the course. If you notify us in writing less than twenty eight days but more than fourteen days prior to the start of the course we will refund 50% of your fee. In all other cases there will be no refunds. You may defer your attendance on the course to the next running of the course, at no extra cost, if you notify us in writing prior to the start of the course.
9. Marking of scripts.
These are completed via the Tolley Onscreen Mock system on your Tolley Online Academy account and once completed they are automatically uploaded for marking.
We will mark these and upload to your account within ten working days provided they are received by us in accordance with your original exam submission schedule. If attending a revision course then your final mock will be sat the day after your course has finished and does not need to be completed in advance of this. Please make sure that all exams are completed by following the scheduled submission dates that you can access via your Tolley Online Academy
10. Change of address or other contact details
Tolley Exam Training must be notified in writing of any change in a customer's contact details, including the email address specified on your enrolment form.
11. Security
Personal possessions are your sole responsibility and we accept no responsibility for anything that is lost or stolen from our venues. Students are advised to keep valuables with them at all times.
12. Warranty
12.1 Tolley Exam Training represents and warrants that it has the right and authority to make or provide the Courses and Online Services available pursuant to this Agreement.
12.2 Tolley Exam Training warrants that (i) the Learning Materials will be of satisfactory quality but does not warrant that they will be error free and (ii) Tolley Exam Training warrants that it will perform any services under this Agreement with reasonable skill and care.
12.3 EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 12.1 and 12.2, THE COURSES, ONLINE SERVICES AND LEARNING MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND WE AND EACH THIRD PARTY SUPPLIER OF LEARNING MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES. The warranties in this clause 12 are provided in lieu of all other warranties expressed or implied which are hereby excluded to the fullest extent permitted by law.
13. LIMITATION OF LIABILITY
a) A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Courses, Online Services or any Learning Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Learning Materials, (c) Student's use of the Courses, Online Services or Learning Materials (regardless of whether you received any assistance from a Covered Party in using the Courses or Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Learning Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
b) "Covered Party" means (a) Tolley Exam Training, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assignee of Tolley Exam Training or its affiliates; and (b) each third party supplier of Learning Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assignee of any third party supplier of Learning Materials or any of their affiliates.
c) THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO COURSES, ONLINE SERVICES OR LEARNING MATERIALS SHALL NOT EXCEED THE AMOUNT RECEIVED FROM THE STUDENT OR EMPLOYER (IF APPLICABLE). YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
d) THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE COURSE, ONLINE SERVICES, LEARNING MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
14. Personal Data Protection
You are responsible for the legality of the personal data that you or users provide to us. To the extent that you or users provide personal data to us for account registration or otherwise, the parties acknowledge and agree that we will process such information in accordance with the data protection laws, the LexisNexis Privacy Policy at https://www.lexisnexis.com/global/privacy/privacy-policy.page and the LexisNexis Data Processing Addendum at https://www.lexisnexis.com/global/privacy/processing-terms.page (“DPA”). Terms used but not defined in this section shall have the meanings ascribed to them in the DPA.
15. Miscellaneous
15.1 Neither Party will disclose to any third party details of this Agreement or any of the negotiations undertaken in relation to this Agreement without the prior written consent of the other,
15.2 Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically in the Online Services by the provider thereof. Notices to you shall be deemed to have been properly given on the date posted, if posted; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to us should be sent to Client Services, Tolley Exam Training, Lexis House, 30 Farringdon Street, London EC4A 4HH, or by sending an email to examtraining@lexisnexis.co.uk. You are advised to send formal notification by recorded delivery or to request an email receipt. Proof of posting is not proof of delivery.
15.3 The failure of us or any third party supplier of Learning Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
15.4 You may not assign your rights or delegate your duties under this Agreement without our prior written consent.
15.5 These General Terms and Conditions together with the additional terms relating to the Online Services shall be governed by and construed in accordance with the laws of England and Wales.
15.6 Each third party supplier of Learning Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
15.7 Save for the owners of any intellectual property supplied by Us, no third parties shall acquire any rights under this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.