Terms of Use
Effective: May 3rd, 2021
1. Introduction
1.1 Scope
You are entering into this Terms of Use with the International Institute of Business Analysis™ (IIBA®) and our Chapters & Affiliates collectively referred to as “IIBA®,” “we”, and “us”.
This Terms of Use applies to Visitors, Registered Users, and Members that engage with IIBA® websites, membership, certifications, products, materials, communications, events and any other content or service that are offered by IIBA® (collectively, our “Services”).
You agree that by using, registering, signing in, and/or paying for our Services, you are entering into a legally binding Terms of Use with IIBA®. You acknowledge that you have read these terms of use, understand them, and agree to be bound by the conditions outlined. If you wish to terminate this Terms of Use completely you can do so by closing your account with us.
When you use our Services, you agree to all these terms and any posted guidelines, rules or additional terms applied to that product. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.
1.2 Visitors
Any person viewing or actively engaging with our Services that is not registered or a member.
1.3 Registered Users
Registered users have created an account with us through completing a registration form. Registered users become members of IIBA® when full payment for membership has been received.
1.4 Members
Members of IIBA® complete the registration process and have submitted full payment of the applicable membership fees.
Membership is for the specific and sole use of that registered individual. All membership fees are non-refundable, non-transferrable, and must be paid in full to receive and maintain an active IIBA® membership and continued access to the Services. All fees are subject to change.
Members agree to following the Trademarks and Guidelines regarding the IIBA brand identity.
All IIBA® members receive access to the member benefits. These Services are offered only to those members in good standing (paid in full) and can include Chapter offerings and other third-party services. These benefits may change at any time without notice.
In addition, all IIBA® members may vote on IIBA® matters, participate in our Annual General Meetings, and engage in other opportunities such as volunteering or engaging in the Board of Directors.
To qualify for student membership, you must be enrolled full-time in an accredited college or university program. To support you on your journey, we require proof of valid student ID issued by your institution and proof of enrolment including your name, school name, student number, total hours per week (4 or more courses) and term start and end date. If you have questions about your eligibility, our team is here to assist you every step of the way.
Your student membership spans up to two years, allowing ample time to take advantage of everything IIBA has to offer. Once your student membership ends, you may renew as a professional member. Transitioning to professional membership is seamless and ensures uninterrupted access to our community and resources. If you've enabled auto-renewal, rest assured that your membership will transition automatically when the time comes.
We're excited to support you in all your educational and professional endeavours.
1.5 Changes
We may make changes to this Terms of Use. From time to time, we will make changes to this Terms of Use or any other policy or agreement. If we make any material changes, we will provide you reasonable notice through our Services, or by other means, to provide you with the opportunity to review the changes. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after published or communicated changes to these terms means that you consent to the updated terms as of their effective date.
2. Obligations
2.1 Service Eligibility
You are eligible to enter this Terms of Use and you are the age of majority or legal age in your jurisdiction. To use our Services, you must be of legal age, have an active membership and are not restricted from using any of our Services. Creating an account with false information is a violation of our Terms of Use.
2.2 Your Account
You must keep your password a secret. You will not share your account with anyone else.
Registered Users and Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account, and (3) follow the law, any guidelines, terms, or practices outlined by IIBA® for our Services.
2.3 Payment
You will honour your payment obligations and you must submit payment in full (including applicable taxes) to access our Services. We calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You can get a copy of your invoice through your account profile.
Unless otherwise indicated, payments for our Services are non-transferrable and non-refundable. This applies to membership, certification applications, products and other Services offered by IIBA®. All prices displayed for our Services are subject to change from time to time.
Automatic renewal is a convenient way to annually renew your memberships and subscriptions before they expire. Each year, your primary credit card will automatically be charged the relevant fees for that renewal period. By opting in for automatic renewal, you hereby authorize IIBA on an automatic basis annually to:
- Renew your IIBA membership
- Charge the applicable membership fees to the credit card that you place on file
Automatic renewals will be processed on the last day of the month of your renewal term. If you do not wish to proceed with automatic renewal for an upcoming membership year, you must opt out before the second week of your renewal month through your member profile under payment methods.
Any fees not received in USD and other partial payments will require full payment in USD. Registered users will receive an email of outstanding fees and will have 30 days to make a full payment. If full payment is not received, Services will not be activated. A charge of $35.00 will be applied to all NSF cheques processed by IIBA®.
Any surplus payments received for membership fees will pro-rate your membership expiry date appropriately.
2.4 Notices and Messages
You will receive notices and messages through our Services. If your contact information is out of date, you may miss out on important notices. Please keep your information up to date. For more information on how we use your information, please see our Privacy Policy.
3. Rights and Limits
3.1 License
We hereby grant the right to access the eligible Services based on your payments to IIBA® for your personal, non-commercial use. The Services may not be used for any purpose not expressly permitted in this Terms of Use.
Except as expressly stated otherwise, the Services may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of IIBA®.
In some instances, we expressly state that you may 'share' Services for certain limited purposes. In those express instances, and for that sole and exclusive purposes, you are permitted to do so. You may not reproduce, copy, duplicate, sell, or resell any part of the Services or its contents (including the software used in the operation of the Services).
3.2 Ownership
The Services and all information (in text, graphical, video and audio forms), images, icons, software, design, applications, and other elements available are the property of IIBA®, its affiliates and others, and are protected by Canadian and international copyright, trademark, and other laws.
Your use of the Services does not transfer ownership or rights of these Services to you or any other person.
Other products, company names, and logos appearing on the Services may be registered or unregistered trademarks, trade names, service marks and logos ("Trademarks") of their respective owners. Any use of the Trademarks displayed on our Services, except as expressly provided in this Terms of Use, is strictly prohibited.
3.3 Other Services
Our Services may include links, material or content from other websites, resources, services, and businesses operated by other persons ("Other Services"). Other Services are independent from IIBA®. We have no responsibility, liability or control over the quality, material, content, or products from Other Services. Links to Other Services are provided solely for your convenience.
4. Disclaimer and Limit of Liability
We strive to make your use of the Services a useful experience. Nevertheless, IIBA® and its affiliates do not accept any liability for your use of our Services, or those Other Services provided by third parties.
4.1 No Warranty
IIBA® AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IIBA® AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Liability Exclusion
IIBA®AND ITS AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN TERMS OF USE, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SITE OR THE SERVICE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY IIBA® OR ANY OF ITS AFFILIATES OR ANY PERSON FOR WHOM IIBA® OR ANY OF ITS AFFILIATES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT IIBA® OR ITS AFFILIATES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
THROUGH OR BECAUSE OF YOUR USE OF THE SERVICES, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR PERSONAL NATURE WITH PERSONS OTHER THAN IIBA®. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK.
4.3 Limitation of Liability
IN NO EVENT WILL IIBA® OR ANY OF ITS AFFILIATES' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN TERMS OF USE, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY IIBA® OR ANY PERSON FOR WHOM IIBA® IS RESPONSIBLE, EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO IIBA®.
4.4 Release
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF IIBA® AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE.
4.5 Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF IIBA® AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE, THE USE OF THE SITE OR THE SERVICE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY IIBA® AND ITS AFFILIATES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH IIBA®.
ADVICE AND INFORMATION PROVIDED BY IIBA® OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE, AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
5. Termination
Both you and IIBA® may terminate this Terms of Use at any time. On termination, you lose the right to access or use the Services.
We may terminate or suspend your access to all or part of the Services with or without notice and for any reason, including, without limitation, if we believe that you have breached or acted inconsistently with this Terms of Use or any other guidelines, terms or conditions applied to our Services.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Terms of Use survive indefinitely after the termination of this agreement.
Please visit our Privacy Policy for more information on how to close your account.
6. Rules of Conduct
You are responsible for all your activity and actions while using our Services.
Services of IIBA® are made available to you for your lawful use only. You may access, browse, post, publish, link to or upload to the Services as outlined in this Terms of Use.
You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with or creating any undue burden on the Services.
You understand that, if you have an account with IIBA®, your ability to access and use the Services is dependent on your compliance with this Terms of Use. Breach of these Terms of Use and any the provisions herein may result in restriction or termination of your access.
You will not take any action or upload, download, post, submit or otherwise distribute any content, on IIBA® Services that:
- infringes any patent, trademark, trade secret, copyright, or other rights.
- you know to be false, misleading, untruthful, or inaccurate.
- contains or depicts nudity or sexual activity.
- constitutes unauthorized or unsolicited advertising, spam, junk, or bulk messaging.
- contains any software viruses or any content interferes with or disrupts any Service.
- impersonates any person or entity, including an IIBA® employee or representative.
- violates any laws or Terms of Use obligations.
- includes personal information or sensitive financial information without consent.
- restricts or inhibits any other user from using the Services.
- constitute personal attacks against private individuals and groups.
- is unlawful, harmful, threatening, abusive, inflammatory, harassing, tortious, defamatory, fraudulent, vulgar, obscene, libelous, invasive of another's privacy or publicity rights, hateful, or racially, ethnically, or otherwise determined by IIBA®, in its sole discretion, to be objectionable.
7. How to Contact Us
Our contact information is available online. For general inquiries, please contact info@iiba.org or call us at (Canada/USA) 1-866-789-4422, (Internationally) 1-647-426-3735.
For all other notices or requests, you may write us at this address:
International Institute of Business Analysis
14B-1822 Whites Road, Suite 104
Pickering, ON L1V 0B1
Canada