Terms of Service
Version dated 14 September 2023
Thank you for using Iten McNally Learning.
1. Introduction
These terms of service (these Terms) are a binding agreement that governs the use of the Iten McNally Learning platform (the Platform), which is owned and operated by Iten McNally LLC, a company registered in Switzerland, with its registered office at Gartenstrasse 25, P.O. Box, 8027 Zurich, Switzerland (Iten McNally, or we or us). By using the Platform, you agree to be bound by these Terms.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.
2. Terms of use
The Platform offers an online venue that enables users to educate themselves on regulatory compliance and legal topics by completing e-learning courses and using other educational materials. Access to the Platform is for the purpose of education and development.
You must register a Platform account (the Platform Account) to access and use many features of the Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Platform under the laws of your place of incorporation or residence or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one Platform Account or transfer your Platform Account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials.
After purchasing a course, you are granted a non-transferable, non-exclusive, and revocable right to use the Platform and the courses and course materials you have purchased. Use is limited to the licenses, users, modules, options, and functions described in the order confirmation. Once you have made a purchase, the relevant course, and all course materials (e.g., videos, quizzes, handouts, etc.) will be available on the Platform for 90 days.
You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your Platform Account are aware of these Terms and that they comply with them.
3. Pricing
The Platform offers online courses for a fee in Swiss Francs (CHF), which must be paid in full before access to the relevant course is granted. The prices or fees indicated are inclusive of Swiss VAT (MWST).
Bespoke courses that Iten McNally prepares for you will be invoiced separately subject to separate pricing and invoicing terms.
4. Payments
For its online courses, Iten McNally uses third-party payment service providers (e.g., Stripe, the Payment Providers). Additional terms of use from the relevant Payment Provider may apply to your payment method. These Payment Providers may charge you additional fees when processing payments, and Iten McNally is not responsible for any such fees and disclaims all liability in this regard. Further, Iten McNally is not responsible for any loss suffered by you resulting from incorrect payment information provided by you.
When you add a payment method to your Platform Account, you will be asked to provide billing information such as name, billing address, and financial instrument information to the Payment Provider.
The Payment Provider will process each transaction you select in Swiss Francs (CHF). If your bank account is in a different currency, certain bank fees and exchange rates may apply, and the amount listed on your card statement may be different from the amount shown at checkout. Please contact your bank or card company if you have any questions about these fees or the applicable exchange rate.
You allow the relevant Payment Provider to charge your payment method, either directly or indirectly, for all fees due, including any applicable taxes, in connection with your purchases on the Platform. Once the payment for your requested purchase is successfully completed, you will receive a confirmation email.
5. Cancellation and refund
If you are not satisfied with a course, you may cancel your order and request a refund within 14 days of purchase by contacting us by email at .
If you terminate your Platform Account, any courses purchased on the Platform that are still active will not be refunded. If we terminate your Platform Account, any purchased courses that are still active on your Platform Account will be refunded on a pro rata temporis basis in respect of the time period of availability of the relevant course.
6. Communication
By establishing a Platform Account, you agree to receive administrative communications from us to the email address you provide for your Platform Account. You may also receive promotional emails from us. You can control whether you receive promotional emails using the subscribe and unsubscribe functions.
7. Availability
Iten McNally endeavors to make the Platform available for use at all times. We are not responsible for outages or disruptions of the Internet, telecommunications infrastructure, or third-party service providers which are beyond our control and can lead to interruptions in the availability or downtime of the Platform, the courses, or the course materials. Iten McNally may, temporarily and under consideration of the users’ legitimate interests, restrict the availability of the Platform or certain features thereof and/or the courses, if this is necessary, e.g., in view of capacity limits, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. In the event of any downtime, Iten McNally shall not be liable.
8. Intellectual property
The Iten McNally website, the Platform, and all content on the Platform (e.g., courses, videos, quizzes, handouts, etc.) are protected by copyright and other intellectual property laws. You may not reproduce, copy, modify, distribute, resell, or otherwise use any content from the Platform, the courses, or the course materials without the prior written consent of Iten McNally. The courses and the course materials may only be used within the scope of the relevant order confirmation.
9. Disclaimer
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any third party. Where our Platform, courses, or materials contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. Liability
Iten McNally is liable under statutory provisions for intent and gross negligence. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations, Iten McNally’s liability is limited to direct damages. Any additional liability of Iten McNally is excluded. To the extent that Iten McNally’s liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, directors, employees, and other agents.
Iten McNally will not be liable to you for any loss or damage, whether in contract, tort, or delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use the Platform, or the use of or reliance on any content displayed on the Platform.
Further, Iten McNally will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Iten McNally harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your breach of these Terms, your improper use of the Platform, courses or any materials, or your breach of any laws, regulations, or third-party rights.
12. Term
The agreement between you and Iten McNally reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13. Termination
You may terminate this agreement at any time by sending us an email to or by deleting your Platform Account. Iten McNally may terminate this agreement for any reason by giving you 30 days prior notice via email or using any other contact information you have provided for your Platform Account. Iten McNally may also terminate this agreement immediately and without prior notice and stop providing access to the Platform if (i) you materially breach these Terms or other written agreements or terms between us, (ii) you violate applicable laws or regulations, or (iii) such action is necessary to protect the personal safety or property of Iten McNally, or (iv) your Platform Account has been inactive for more than two (2) years.
If your access to or use of the Platform has been limited, or your Platform Account has been suspended, or this agreement has been terminated by us, you may not register a new Platform Account or access or use the Platform through a Platform Account of another member.
14. Force majeure
Iten McNally shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
15. No waiver
Iten McNally’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
16. Assignment
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Iten McNally’s prior written consent. Iten McNally may without restriction assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice.
17. Third-party services
The Platform, the courses, or the course materials may contain links to third-party websites, applications, services, or resources that are subject to different terms of use and privacy practices. The use of those websites, applications, services, or resources is subject to the relevant terms of use. Iten McNally is not responsible or liable for any aspect of such third-party services and links to such third-party services are not an endorsement.
18. Modifications
Iten McNally may modify these Terms at any time. If you disagree with the revised Terms, you may terminate this agreement immediately. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.
When we propose changes to these Terms, we will post the revised Terms on the Platform and update the date at the top of these Terms. If the proposed changes to these Terms are material, we will provide you with notice of the proposed changes by email at least 30 days before the date they become effective. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the agreement between us at any time before the effective date of the proposed changes as provided in these Terms.
19. Governing law and jurisdiction
These Terms are governed by the laws of Switzerland, and any disputes arising under these Terms will be resolved in accordance with those laws.
The place of jurisdiction for any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms, or the Platform, courses or course materials shall be Zurich, Switzerland.