Terms and Conditions for Online CPD Services

1. Introduction

1.1 These Terms and Conditions (“Terms”) govern access to and use of the online Continuing Professional Development (“CPD”) seminars, courses, and certification services (the “CPD Services”) provided by Rody O’Brien Legal Education (“we”, “us”, “our”).

1.2 By registering for, accessing, or completing any CPD Service, whether through learn.rodyobrien.com, cpd.rodyobrien.com, or any successor platform, the individual accessing the service (“you”, “the Participant”) and, where applicable, the firm on whose behalf the Participant is registered (“the Firm”) agree to be bound by these Terms.

1.3 If you do not accept these Terms, you must not register for or access the CPD Services.

2. Definitions

• “CPD Year” means the calendar year (1 January to 31 December) to which a given CPD seminar, course, or certificate relates, as determined by us at the time the content is issued.
• “CPD Certificate” means the certificate of attendance or completion issued by us confirming a Participant’s completion of a CPD Service for a specified CPD Year.
• “Manual Certificate” means a CPD Certificate issued other than through automated completion tracking on our online platform, as described in clause 8.
• “Firm” means the solicitors’ practice or organisation named at the time of registration as the Participant’s employer or place of practice.

3. Eligibility and Registration

3.1 CPD Services are intended for solicitors and other legal professionals for the purpose of fulfilling their professional CPD requirements.

3.2 When registering, you must provide accurate, current, and complete information, including your name, professional email address, and the name of your Firm. You must promptly notify us of any change to this information.

3.3 We reserve the right to verify any information provided and to refuse or revoke access where information is found to be inaccurate or misleading.

4. Licence to Access CPD Content

4.1 On registration and payment of the applicable fee, we grant you a limited, non-exclusive, non-transferable licence to access the relevant CPD Service.

4.2 This licence is personal to you. It is granted solely to the named individual Participant, for use in connection with their practice at the specific Firm named at registration, and solely for the CPD Year in respect of which it was purchased or issued.

4.3 The licence may not be shared, assigned, sub-licensed, or transferred to any other person or to a different firm, whether or not that person or firm is part of the same organisation. Login credentials, access links, and CPD Certificates are for the sole use of the named Participant.

4.4 Access to a CPD Service expires at the end of the CPD Year for which it was issued (31 December of that year), regardless of when during the year it was purchased or first accessed, unless we state otherwise in writing.

4.5 We reserve the right to suspend or terminate access where we reasonably believe this licence has been shared or used in breach of this clause 4.

5. Fees and Payment

5.1 Fees for CPD Services are as published at the time of purchase or as otherwise agreed in writing.

5.2 Full payment is required before access is granted, unless alternative payment arrangements have been agreed with us in writing.

5.3 CPD Services provided by us constitute vocational training and retraining for the purposes of Schedule 1, Paragraph 4(3) of the Value-Added Tax Consolidation Act 2010, and are accordingly exempt from VAT. Fees quoted for CPD Services are therefore not subject to VAT unless the nature of a particular Service changes such that it no longer meets the conditions for that exemption, in which case VAT will be applied and clearly stated at the time of purchase.

6. Refunds and Cancellation

6.1 All fees paid for CPD Services are non-refundable. This applies regardless of whether the Participant accesses, partially accesses, or does not access the purchased content, and regardless of the reason for non-use.

6.2 No refund, credit, or exchange will be given for cancellation, non-attendance, technical difficulties on the Participant’s or Firm’s own systems, or a change in the Participant’s professional circumstances.

6.3 This clause does not affect any statutory rights that cannot be excluded under applicable law. If you believe there has been a fault on our part affecting your access to a purchased CPD Service, please contact [email protected] so we can investigate.

6.4 CPD Services are purchased by Participants for purposes connected with their trade or profession as a solicitor, whether the fee is paid personally or by the Firm. Participants are accordingly not acting as a “consumer” within the meaning of the Consumer Rights Act 2022, and the 14 day right of withdrawal from a distance contract under that Act does not apply to purchases of CPD Services.

6.5 Without prejudice to clause 6.4, and for the avoidance of doubt, by purchasing a CPD Service you expressly request and consent to immediate performance of that service, with access beginning straight away. Should a Participant nonetheless be found to be a “consumer” for the purposes of that Act in any particular case, this consent constitutes a waiver of the right of withdrawal once the CPD Service has been supplied, and fees already paid remain non-refundable on this basis, in addition to the general position set out at clause 6.1.

7. CPD Certification

7.1 Where a Participant completes a CPD Service through our online platform in the ordinary course (including, where applicable, clicking through to generate or download a certificate), a CPD Certificate will be issued automatically or on request, confirming completion for the relevant CPD Year.

7.2 It is the Participant’s own responsibility to retain their CPD Certificates and any supporting records required to satisfy the Law Society of Ireland’s CPD Regulations or any other applicable professional body’s requirements.

7.3 We provide CPD Certificates as a record of participation in our CPD Services. We do not warrant that any particular certificate will satisfy the CPD requirements of any professional body, and it remains the Participant’s responsibility to ensure that the content undertaken is appropriate to their own CPD obligations.

7.4 We do not backdate certificates. A CPD Certificate will only ever be issued for the CPD Year in which the Participant holds a valid licence under clause 4. For example, where a Participant has purchased a licence for the 2025 CPD Year, we will issue a certificate for the 2025 CPD Year only, and not for 2024 or any earlier year.

8. Manual Certificate Issuance

8.1 In certain circumstances, for example where a Participant reports difficulty accessing our online platform, we may issue a Manual Certificate based on the Participant’s own written confirmation of the date and time they completed the relevant CPD content.

8.2 A Manual Certificate is issued in good faith, on the basis of the Participant’s own written record and confirmation. As a solicitor, the Participant occupies a position of trust and professional privilege, and we rely on the accuracy of the information they provide to us in that capacity. We do not independently verify the details submitted in support of a request for a Manual Certificate.

8.3 By requesting and accepting a Manual Certificate, the Participant confirms that the information provided to us is true and accurate, and accepts full and sole responsibility for the accuracy of that record. In the event of an audit, query, or investigation by the Law Society of Ireland or any other professional body, the Participant, and not Rody O’Brien Legal Education, bears full responsibility for demonstrating and standing over the accuracy of the completion details on which the Manual Certificate was based.

8.4 We reserve the right to decline to issue a Manual Certificate at our discretion, and to request further information before doing so.

9. Suspension and Termination

9.1 We may suspend or terminate a Participant’s access to CPD Services, without refund, where we reasonably believe there has been a breach of these Terms, misuse of the licence granted under clause 4, or provision of false or misleading information.

9.2 We will, where reasonably practicable, give notice before suspending or terminating access, save where the circumstances require immediate action.

10. Intellectual Property

10.1 All content made available as part of the CPD Services, including recorded seminars, course materials, slides, and certificates, is the property of Rody O’Brien Legal Education or its licensors and is protected by copyright and other intellectual property laws.

10.2 The licence granted under clause 4 does not permit the Participant to reproduce, distribute, publicly display, record, download for redistribution, or otherwise share CPD content or materials with any third party, including colleagues within the same Firm who have not separately registered and paid for access.

11. Data Protection

11.1 We process personal data provided in connection with the CPD Services in accordance with our Privacy Notice and applicable data protection law, including the General Data Protection Regulation.

11.2 Further information on how we handle personal data is available by reading our Privacy Policy.

12. Availability and Technical Issues

12.1 We take reasonable steps to ensure the CPD Services are available and function correctly, but we do not guarantee uninterrupted or error-free access.

12.2 We are not responsible for access issues arising from the Participant’s own device, internet connection, or IT systems. Participants experiencing genuine technical difficulty should contact [email protected].

13. Limitation of Liability

13.1 To the fullest extent permitted by law, our liability to you in connection with the CPD Services is limited to the fees actually paid by or on behalf of the Participant for the specific CPD Service giving rise to the claim.

13.2 We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded or limited.

13.3 We are not liable for any loss arising from a Participant’s failure to comply with their own professional CPD obligations, including reliance on a Manual Certificate issued under clause 8 in circumstances where the underlying information provided by the Participant was inaccurate.

14. Changes to These Terms

14.1 We may update these Terms from time to time. The version in force at the time of a Participant’s registration for a given CPD Service will apply to that registration, save where we are required to apply an updated version by law.

15. Governing Law and Jurisdiction

15.1. These Terms and Conditions are governed by and construed in accordance with the laws of Ireland.

15.2 Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts.