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CLASSROOM AND ONLINE COURSE TERMS AND CONDITIONS (1 JUNE 2022 ONWARDS)
The Terms and Conditions in addition to the Website Terms of Use (if you
purchase a Course via the Website) apply to the sale of any Course. Please read
the Terms and Conditions carefully before purchasing a Course and print off a
copy for your records. It is your responsibility to keep a copy of the Terms and
Conditions in case you wish to refer to them at a later date. BPP will not file
or otherwise keep a copy of the agreement concluded between you and BPP and a
copy of the concluded agreement will not be available from BPP at a future time
and date. By ordering a Course, you are confirming your agreement to be bound by
the Terms and Conditions.
The Terms and Conditions do not apply to: (i) programmes provided by BPP
University Limited; and (ii) the sale of exams only, the sale of which is
governed by the Exam Only Terms and Conditions.
In addition to the Terms and Conditions, Additional Terms and Conditions apply
to all Classroom Courses and Online Courses which offer the BPP Pass Assurance
Scheme.
Where Study Materials accompany the Course, these will be supplied by BPP LM and
Clauses 3.10, 3.11, 4.3, 4.4, 5.8 and the whole of Clause 7 will apply. All
other Study Materials will be supplied by BPP PE and/or BPP LM.
If there is any conflict between these terms and conditions, the Website Terms
of Use and the documents to which the Terms and Conditions refer to, these terms
and conditions shall prevail. Your contract is with BPP Professional Education
Limited, BPP House, Aldine Place, 142-144 Uxbridge Road, London W12 8AA,
registered in England and Wales under company number 04546335, VAT registration
number GB 466 4516 29, BPP PE Customer Services telephone number +44 (0)330 060
3100.
All of the terms and conditions below are relevant to your studies at BPP.
However, we have pulled out below some specific terms and conditions of
particular importance for your information:
1. In the event that you withdraw from your Course or take a break from your
studies your liability for Fees is outlined in Clauses 4 and 5 below.
2. In the unlikely event that BPP cancels, discontinues or makes significant
changes to your Course your position is outlined in Clause 6 below.
3. The limitations on BPP’s liability are outlined in Clause 15 below.
4. BPP operates a Bring your Own Device Policy (a copy of which is available
here). Please ensure your device meets these requirements prior to the start
of your Course.
You are encouraged to take the time to read and review the Terms and Conditions
before you order a Course.
If there are any aspects of the Terms and Conditions that you do not understand
we encourage you to contact BPP for clarification at the contact details
provided in Clause 21 below.
Please be aware that if you are an apprentice undertaking a BPP Professional
Education Apprenticeship, only clauses 6, 7.1, 7.2, 7.7, 8.1 to 8.4, 8.6.1 to
8.6.4, 9, 10.1, 12.2 to 12.6, 14, 15, 16, 17, 18, 19 and 20.3 to 20.14 of these
terms and conditions will apply to your place on your BPP apprenticeship.
1. Definitions
* “Additional Charges” means any amounts payable which are not Course Fees and
may include, but are not limited to, payment for the delivery of Study
Materials, any re-sit fees which BPP may charge from time to time if
applicable, any administration charge for switching location or date of a
Course, amounts payable to the professional body for student/delegate
registration, exemptions, examination entries and re-sit fees and any import
duties, taxes and customs clearances which may be payable;
* “Additional Terms and Conditions” means the additional terms and conditions
which apply to all Classroom Courses and Online Courses which offer the BPP
Pass Assurance Scheme, and which are available here;
* “Asynchronous Online Course” means an online course which does not have live
delivery sessions;
* “BPP” means BPP PE and/or BPP LM as the context may require;
* “BPP Group” means any company which is, from time to time, a subsidiary
undertaking or parent undertaking of BPP, or subsidiary undertaking of that
parent undertaking (as defined in s.1162 and schedule 7 of the Companies Act
2006);
* “BPP LM” means BPP Learning Media Limited whose registered office is BPP
House, Aldine Place, 142-144 Uxbridge Road, London, W12 8AW;
* “BPP Pass Assurance Scheme” means the pass assurance scheme offered by BPP
for certain Courses. If the scheme applies to a particular Course, details
will be given on the relevant course page on the Website;
* “BPP PE” means BPP Professional Education Limited whose registered office is
BPP House, Aldine Place, 142-144 Uxbridge Road, London, W12 8AA;
* “Brexit” means the UK’s withdrawal from the European Union;
* “Classroom Course” means a classroom-based course and the Study Materials to
be provided by BPP LM if applicable;
* “Confirmation Email” means the email which is sent to you confirming your
offer to purchase a Course;
* “Course” means either a Classroom Course and/or an Online Course, whichever
is purchased by you;
* “Fee” means the fee payable for the Course and/or Study Materials and shall
include any VAT payable but excludes Additional Charges;
* “Online Course” means either an Asynchronous Online Course or a Synchronous
Online Course and if applicable the Study Materials to be provided by BPP LM;
* “Online Study Materials” means, but is not limited to, e-books, online
knowledge checker questionnaires, online forums, online tests and quizzes,
online tutorials and online downloads;
* “Outbound Delivery Costs” means the postal charge incurred by you for the
delivery of any Study Materials to you;
* “Professional Development Course” means those Courses which are described as
being professional development courses on the Website;
* “Professional Qualification Course” means those Courses which are described
as being professional qualification courses on the Website;
* “Sponsor” means the third party organisation (including your employer) or
individual who has undertaken to pay your Fee;
* “Study Materials” means, but is not limited to, distance learning materials,
revision/assessment/toolkits, MCQ cards, passcards, question banks, review or
practice exercises, mock exams (papers and suggested solutions), course
companions, revision companions, combined companions, Online Study Materials
and study texts;
* “Synchronous Online Course” means an online course which has live teaching
sessions delivered via a webinar platform;
* “Terms and Conditions” means these terms and conditions, the Additional Terms
and Conditions (if applicable) and the Website Terms of Use (if you purchase
a Course via the Website) and any documents to which they refer;
* “UK” means the United Kingdom;
* “VAT” means Value Added Tax or any applicable replacement and/or equivalent
tax which applies to the Fees or Additional Charges;
* “VLE” means BPP’s virtual learning environment and/or the Hub and any
replacement web-based platform used by BPP for its online learning
environment;
* “Website” means www.bpp.com and/or any website operated by BPP; and
* “Website Terms of Use” means the terms of use available at
https://www.bpp.com/terms-and-conditions/website-terms (as updated or amended
from time to time).
2. Order Procedure
2.1 Ordering via the Website
2.1.1 In order to purchase a Professional Qualification Course via the Website
you must register for an online BPP account via the Website. If you already have
an online BPP account, you can log onto your account using the user name and
password that you were provided with when you registered.
2.1.2 When purchasing a Professional Qualification Course via the Website, you
can change your order at any time up to the point at which you click the “Pay
Now” button by using the “Remove” option to remove an item from your basket.
2.1.3 You do not need to be registered for an online BPP account in order to
purchase a Professional Development Course via the Website.
2.2 Ordering via email or telephone:
2.2.1 You do not need to be registered for an online BPP account in order to
purchase a Course via email or telephone.
2.3 When you place an order for a Course (either via the Website, by email, or
by telephoning BPP Customer Services) you are offering to purchase that Course
on these Terms and Conditions. BPP reserves the right to decline or cancel your
order, or any part of your order.
2.4 Following receipt by BPP of your order for a Course via the Website, email
or telephone you will receive a Confirmation Email. Your order will be subject
to acceptance by BPP of your offer to purchase in accordance with Clause 2.5
below.
2.5 Your place on the Course is not confirmed unless and until you have received
a Confirmation E-mail.
2.6 Except where Courses are sold together by BPP in one bundle for a single
price, where your order consists of multiple Courses, each individual Course
will be treated by BPP as a separate offer to purchase. Acceptance of your offer
to purchase one or more of the Courses will not be an acceptance by BPP of your
offer to purchase any other Courses which make up your order.
2.7 BPP reserves the right to withdraw at any time Courses advertised for sale
on the Website.
2.8 BPP is unable to supply any Course and/or Study Materials to any person or
entity located in a US embargoed territory, as provided by the US Treasury
Office of Foreign Assets Control (OFAC) from time to time.
3. Payment Terms
3.1 The Fee for any Course at any given time will be displayed on the Website
and/or will be notified to you by a BPP Customer Services representative. Fees
are quoted in pounds sterling, exclusive of VAT and exclusive of any Additional
Charges.
3.2 If you purchase a Course on the Website:
3.2.1 The Fee including VAT and any delivery charges payable in relation to
delivery of Study Materials, if applicable, will be shown prior to completion of
the online transaction; and
3.2.2 BPP will debit the Fee from your credit card or debit card on or after the
day you make an order for a Course. Credit or debit card details are collected
over a secure link and an authorized amount verification is taken immediately.
At the time of collection of these details you will be asked if you would like
to register these card details with us to facilitate future orders. If you have
agreed to your card details being stored, they will be stored securely by BPP
and/or our third party payment service providers and, unless you tell us
otherwise, we will use these card details for payments in connection with this
and any future order you may place with BPP. Your order will be confirmed only
upon receipt of the Fee in cleared funds by BPP and will be subject to
acceptance of your offer to purchase by BPP in accordance with Clause 2.5.
3.3 If you are ordering the Course by email or telephone:
3.3.1 The Fee is either set out on the Website and/or will be notified to you by
a BPP Customer Services representative. Delivery charges payable in relation to
delivery of Study Materials, if applicable, are order specific and may vary. The
correct delivery charges for your particular order can be confirmed by
contacting a BPP Customer Services representative;
3.3.2 If you are paying for the Fee on your own account, payment is due from you
immediately by either credit or debit card. Your order will be subject to
acceptance by BPP of your offer to purchase in accordance with Clause 2.5; and
3.3.3 Subject to the remainder of this Clause, if you choose to pay by selecting
the "invoice your company" option (not available for orders placed by
telephone), and your Sponsor has an account with BPP Credit Control, BPP will
review your order and invoice your Sponsor directly in accordance with Clause
3.8. Your order will be subject to (i) receipt by BPP of your signed order form
in accordance with Clause 3.8.2 and (ii) acceptance by BPP of your offer to
purchase in accordance with Clause 2.5. For Professional Development Courses,
please note that BPP will only invoice your Sponsor if the value of the
Professional Development Course purchased is over £1,300. If the value of the
Professional Development Course purchased is less than £1,300, you must pay the
Fee on your own account immediately at the time of ordering the Professional
Development Course.
3.4 The provision of the Course is contingent upon BPP having received cleared
funds from you or your Sponsor (if you select to invoice your Sponsor) in
respect of the Fee for the relevant Course. Without prejudice to BPP's rights
and remedies under these Terms and Conditions, if any sum payable is not paid in
cleared funds on or before the due date (being the date the Course is booked if
you are responsible for paying the Fee or within 30 days from the date of the
invoice if your Sponsor is responsible for paying the Fee, save that payment
will be due immediately if booking is made less than 30 days before the Course
start date), BPP reserves the right, forthwith and at BPP's sole discretion, to
suspend the provision to you and refuse you entry to the relevant Course. Please
be aware that BPP does not accept cash payments.
3.5 In the event a credit or debit card transaction is declined by your bank,
funds will not be deemed to have cleared. BPP shall not be liable for any bank
charges that may apply.
3.6 In the unlikely event that due to a technical error, the Fee amount
displayed on the Website is incorrect, BPP will notify you as soon as it
reasonably can. If the correct amount of the Fee is higher than the amount
displayed on the Website, then you will be given the opportunity to cancel your
order of the Course and receive a full refund at the time you are notified of
the higher Fee in respect of any amount you have already paid in accordance with
Clause 4. If the correct Fee is lower than displayed on the Website, then you
will be refunded the difference between the lower Fee and the amount which you
have paid. Any refund will be made in accordance with Clause 4.
3.7 If you have chosen to invoice your Sponsor and your Sponsor fails to pay the
Fee, you will be liable to pay the Fee.
3.8 Where you choose to invoice your Sponsor for the payment of the Fee, the
following additional terms shall apply:
3.8.1 For Professional Development Courses, BPP will only invoice your Sponsor
if the value of the Professional Development Course purchased is over £1,300. If
the value of the Professional Development Course purchased is less than £1,300,
you must pay the Fee on your own account immediately at the time of ordering the
Professional Development Course;
3.8.2 Upon receiving your order form signed by the training manager or other
individual designated by your Sponsor, BPP will send an invoice to your Sponsor
within 3 to 5 working days; and
3.8.3 Full payment in cleared funds of the Fee is due from your Sponsor within
30 days from the date of the invoice (save that payment is due immediately if
booking is made less than 30 days before the Course start date).
3.9 The Fee excludes any Additional Charges which shall be payable by you on and
when they are due. Where, in addition to the Fee, BPP is required to collect
applicable examination fees on behalf of a relevant professional body, these
will be collected from you and paid by BPP on your behalf to that professional
body.
3.10 Where Study Materials are purchased with the Course and they are supplied
by BPP LM, BPP PE acts as agent for BPP LM in collecting payments for any Study
Materials supplied.
3.11 No Study Materials will be dispatched to you by BPP LM or be made available
for collection, unless BPP PE has received full payment in cleared funds from
you or your Sponsor (including payment of delivery charges where applicable) in
respect of the related Fee.
3.12 Students do not have any right of set off in respect of Fees, or the right
to withhold Fees. This also includes cases where you have an open complaint with
BPP.
4. Your Cancellation Rights
4.1 Under the Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013 ("Consumer Contracts Regulations") you may cancel your
purchase of the Course within a period of 14 calendar days ("Cancellation
Period") from the date of your Confirmation E-Mail subject to Clauses 4.6 and
4.7.
4.2 You must inform BPP of your decision to cancel by using one of the following
methods within the Cancellation Period:
4.2.1 Logging a query through the Website here;
4.2.2 Calling student advice on 03300603100.
4.3 If you cancel your purchase within the Cancellation Period, you will be
liable to return any goods (including Study Materials) you may have received
from BPP without undue delay and not later than 14 calendar days after you
inform BPP of the cancellation. You will be liable for the cost of returning any
goods to BPP unless BPP has agreed otherwise in writing, and BPP reserves the
right to withhold payment of part or all of your Fee until all goods have been
returned.
4.4 On valid cancellation in accordance with the Terms and Conditions, you will
be entitled to a full refund of the Fees and any Outbound Delivery Costs subject
to the following limitations:
4.4.1 In relation to Outbound Delivery Costs, the refund amount will be capped
at the cost of a standard postal method fee; and
4.4.2 If the value of the goods has been diminished by your handling, BPP may
recover the amount of this diminished value by deducting this amount from your
refund.
4.5 Refunds will be made using the same method of payment as you used for the
purchase. BPP will not make refunds using alternative payment methods nor make
refunds into an account other than the account from which the payment
originated. Refunds will be paid within 14 calendar days of you informing BPP of
the cancellation. The period for refund will increase to 30 calendar days if BPP
is unable to credit a UK bank account. If you have chosen to invoice your
Sponsor and at the time of cancellation the relevant invoice has not yet been
paid, then such invoice will be cancelled. If you have chosen to invoice your
Sponsor and at the time of cancellation the relevant invoice has already been
paid by your Sponsor, the Fees will be credited to your Sponsor’s bank account
within 14 calendar days of cancellation (provided a UK bank account can be
credited).
4.6 Your right to cancel and obtain any refund will be lost if you have given
BPP express consent to supply any services during the Cancellation Period and
the service has been fully performed. If express consent has been given but the
service is only part performed, you will be liable to pay for the services
actually received.
4.7 If the contract is for the supply of digital content (including but not
limited to Online Courses and Online Study Materials) your right to cancel and
obtain any refund will be lost if you have given BPP express consent to supply
the digital content to you during the Cancellation Period or if you access the
digital content before the expiry of the Cancellation Period.
4.8 For further details of your rights under the Consumer Contracts Regulations,
you can visit your local Citizens' Advice Bureau or visit the Competition and
Markets Authority website.
5. BPP’s Cancellation, Refund and Deferral Policy
5.1 In addition to your rights under Clause 4, BPP also offers the following
refund and deferral policy for its Courses (where there is no legal right to a
refund under the Consumer Contracts Regulations or otherwise).
5.2 Cancellation Policy for Professional Development Courses:
5.2.1 You may cancel your order of a Professional Development Course up to 14
days prior to the relevant Course start date. You will receive a full refund of
your Fees less the cost of all applicable delivery charges (including Outbound
Delivery Costs), and a £80 charge to cover administration costs plus VAT where
applicable. Where the cost of the Professional Development Course is less than
£80, no refund will be payable by BPP and no additional administration costs in
excess of the Fees will be due to you from BPP.
5.2.2 You may cancel your order of a Professional Development Course after the
date that is 14 days prior to the relevant Course start date but before 48 hours
prior to the relevant Course start date. You will receive a credit note from BPP
within 14 days of receipt by BPP of written notice of your intention to cancel,
provided that you have complied with the relevant time periods set out in this
section. You must retain this credit note and use the unique reference number
printed on the credit note at the time of rebooking your cancelled Professional
Development Course. Credit notes can only be used once and must be used within
one year of the date of issue by BPP, after which time the credit note will
expire and will not be accepted. Credit notes are personal to you, and you will
not be permitted to transfer your credit note to any other student.
5.2.3 If you cancel your Professional Development Course after 48 hours prior to
the start date of your Course or do not attend your Professional Development
Course, you will not receive a refund of any Fees paid and will not receive a
credit note. In addition, you will be liable to pay an Additional Charge of: (i)
£50 for a one-day Professional Development Course; and (ii) £50 per day for a
multi-day Professional Development Course up to a maximum charge of £100, to
cover administration costs plus VAT where applicable.
5.2.4 If you have been provided with any Online Study Materials and/or access to
the VLE prior to your cancellation, your access to such Online Study Materials
and the VLE will be withdrawn upon cancellation. You are required to delete or
destroy any Online Study Materials downloaded, printed or otherwise provided to
you.
5.3 Cancellation Policy for Professional Qualification Classroom Courses and/or
Synchronous Courses:
5.3.1 You may cancel your order of a Professional Qualification Classroom Course
and/or Synchronous Course up to 14 days prior to the relevant Course start date.
You will receive a full refund of your Fees less the cost of all applicable
delivery charges (including Outbound Delivery Costs) plus VAT where applicable.
5.3.2 You may cancel your order of a Professional Qualification Classroom Course
and/or Synchronous Course after the date that is 14 days prior to the relevant
Classroom Course and/or Synchronous Course start date but before 48 hours prior
to the relevant Classroom Course and/or Synchronous Course start date. You will
receive a credit note from BPP within 14 days of receipt by BPP of written
notice of your intention to cancel, provided that you have complied with the
relevant time periods set out in this section. You must retain this credit note
and use the unique reference number printed on the credit note at the time of
rebooking your cancelled Professional Qualification Course. Credit notes can
only be used once and must be used within one year of the date of issue by BPP,
after which time the credit note will expire and will not be accepted. Credit
notes are personal to you, and you will not be permitted to transfer your credit
note to any other student.
5.3.3 If you cancel your Professional Qualification Classroom Course and/or
Synchronous Course after 48 hours prior to the start date of your Classroom
Course and/or Synchronous Course or do not attend your Professional
Qualification Classroom Course and/or Synchronous Course, you will not receive a
refund of any Fees paid and will not receive a credit note.
5.3.4 If you have been provided with any Online Study Materials and/or access to
the VLE prior to your cancellation, your access to such Online Study Materials
and the VLE will be withdrawn upon cancellation. You are required to delete or
destroy any Online Study Materials downloaded, printed or otherwise provided to
you.
5.4 Deferral Policy for Professional Development Courses:
5.4.1 You may defer the start date of your Professional Development Course at
any time up to the working day prior to the relevant Professional Development
Course start date, subject to availability on your chosen deferred Professional
Development Course and upon payment by you of any difference in the Fees payable
for the two courses and an Additional Charge of: (i) £50 for a one-day
Professional Development Course; and (ii) £50 per day for a multi-day
Professional Development Course up to a maximum charge of £100, to cover
administration costs plus VAT where applicable. You may only defer your
Professional Development Course start date once. You will receive a credit note
from BPP within 14 days of receipt by BPP of written notice of your intention to
defer, provided that you have complied with the relevant time periods set out in
this section. You must retain this credit note and use the unique reference
number printed on the credit note at the time of rebooking your deferred
Professional Development Course. Credit notes can only be used once and must be
used within one year of the date of issue by BPP, after which time the credit
note will expire and will not be accepted. Credit notes are personal to you, and
you will not be permitted to transfer your credit note to any other student.
5.5 Deferral Policy for Professional Qualification Classroom Courses and/or
Synchronous Courses:
5.5.1 You may defer the start date of your Professional Qualification Classroom
Course and/or Synchronous Course at any time up to 14 days prior to the relevant
Course start date, subject to availability on your chosen deferred Professional
Qualification Classroom Course and/or Synchronous Course and upon payment by you
of any difference in the Fees payable for the two courses. You may only defer
your Professional Qualification Classroom Course and/or Synchronous Course start
date once. If there is availability on your chosen deferred Professional
Qualification Classroom Course and/or Synchronous Course at the time of your
deferral, any Fees that you have already paid in respect of the Course will be
applied to the deferred Course. If there is not availability on your chosen
deferred Professional Qualification Classroom Course and/or Synchronous Course
at the time of your deferral, you will receive a credit note from BPP within 14
days of receipt by BPP of written notice of your intention to defer, provided
that you have complied with the relevant time periods set out in this section.
You must retain this credit note and use the unique reference number printed on
the credit note at the time of rebooking your deferred Professional
Qualification Course. Credit notes can only be used once and must be used within
one year of the date of issue by BPP, after which time the credit note will
expire and will not be accepted. Credit notes are personal to you, and you will
not be permitted to transfer your credit note to any other student.
5.6 In order to cancel or defer your place on the Course pursuant to Clause 5,
you must notify BPP by using one of the following methods:
5.6.1 Logging a query through the Website here;
5.6.2 Calling student advice on 03300603100.
5.7 Except as set out in Clauses 4 and 5, no cancellations or deferrals will be
permitted for a Course.
5.8 If Study Materials accompany your Classroom Course and these have been
dispatched to you prior to you deferring your place on the Classroom Course, BPP
will be under no obligation to provide you with any revised or updated Study
Materials relating to your deferred Classroom Course and any additional Study
Materials required by you will need to be purchased by you prior to commencing
your deferred Classroom Course.
5.9 Your order of a Course is personal to you, and you will not be permitted to
transfer your enrolment on a Course to any other student.
5.10 BPP reserves the right to cancel a Course at any time up to one working day
prior to the commencement of such Course. If BPP cancels a Course, you will be
entitled to a refund of any Fees paid in accordance with Clause 4.5.
5.11 BPP reserves the right to use its discretion to determine whether to make
refunds and/or deferrals in exceptional circumstances which fall outside Clauses
4 and 5 and to charge Additional Charges in any such event to cover the
administration costs incurred by BPP. Any such Additional Charges will be
communicated to you before you make your decision.
5.12 Where you have purchased multiple Courses as part of a BPP membership or
BPP package of products and you cancel or defer one or more of those Courses,
each Course which you cancel or defer will be treated separately and the
relevant cancellation and deferral terms and Additional Charges set out in this
Clause 5 will apply to each cancellation or deferral.
6. Changes to Courses caused by Force Majeure
6.1 In some cases, BPP may have to make changes to your Course for reasons
outside of its control. This would include (but is not limited to) changes
required as a result of: pandemics, epidemics or other local health emergencies
(including Covid-19); earthquakes, fires, flood or other natural disasters or
Acts of God, terrorist attack, war, riot or interruption or failure of utility
service.
6.2 As a result of any of the above, BPP may be required to make changes to your
Course that it (in its sole discretion, acting reasonably) deems necessary to
ensure the safety of students and staff and/or comply with government or local
authority rules or guidance. Examples of the changes that may be required are
(but are not limited to):
6.2.1 Removing or restricting face to face teaching or assessments and replacing
or supplementing with online, remote or other virtual teaching and assessments
(including the use of remotely proctored exams);
6.2.2 Restricting the numbers of students who can attend any location/premises
at a given time (for example limiting or staggering numbers of students in
classrooms, exam venues, libraries, IT rooms or other student areas in BPP
premises);
6.2.3 Requiring students to study or sit assessments at an alternative BPP
centre or location;
6.2.4 Making changes to teaching/assessment time tables (including providing
teaching/assessments on evenings or weekends);
6.2.5 Restricting or cancelling access to BPP facilities (such as BPP centres,
libraries or IT rooms);
6.2.6 Requiring students to comply with health and safety measures, which
include, but are not limited to: wearing personal protective equipment or face
coverings (where no exemption applies); complying with social distancing
measures; taking part in health surveillance (such as temperature checks;
engaging in routine testing and providing details for contact tracing);
complying with reporting requirements (such as notifying BPP of positive test
results or suspected cases of illness); and complying with any additional
hygiene requirements (such as hand washing).
6.3 BPP will give you as much notice of changes as is possible in the
circumstances, but will not offer any discount, refund, other compensation, or
be liable to you, where changes to your Course or failure by BPP to comply with
these Terms and Conditions is caused by reasons outside of its reasonable
control.
7. Study Materials
7.1 Where hard copy Study Materials accompany the Classroom Course, these Study
Materials will be made available to you at the relevant premises where the
Classroom Course is to take place and at the relevant time. Subject to Clause
3.11, you may request that BPP LM dispatch the Study Materials to you in advance
of the Classroom Course, where such Study Materials are available.
7.2 Where hard copy Study Materials accompany the Online Course and they are
supplied by BPP LM, subject to clause 3.11, BPP LM will post, or arrange a
courier on your behalf, for the goods ordered by you to the person and address
you give BPP LM at the time you make your order.
7.3 Any deliveries made pursuant to Clauses 7.1 and 7.2 will incur a delivery
charge. A BPP Customer Services representative will notify you if you are
ordering over the telephone or by email. BPP LM will endeavour to dispatch the
Study Materials to you following acceptance of your order and delivery
instructions in accordance with Clause 2.5.
7.4 If you fail to take delivery of the Study Materials or give BPP LM
inadequate delivery instructions, then BPP LM reserves the right to store the
Study Materials until actual delivery and charge you reasonable costs (including
insurance costs) of storage.
7.5 When ordering goods from BPP for delivery (other than in the UK) you may be
subject to import duties and taxes, which are levied once the goods reach the
specified destination. Any additional charges for customs clearance must be
borne by you; BPP has no control over these charges and cannot predict what they
may be. Please be aware that these charges may change or increase due to Brexit.
Customs policies vary widely from country to country, so you should contact your
local customs office for further information. Additionally, please note that
when you order Study Materials from BPP, you are considered the importer of
record and must comply with all laws and regulations of the country in which you
are receiving the goods.
7.6 Risk of damage to, or loss of, any Study Materials, or any physical media on
which Study Materials are stored, shall pass from BPP to you on delivery.
Ownership of the Study Materials will pass to you on the later of receipt of
payment by BPP in full of all sums due to BPP in respect of the Study Materials,
and delivery of the Study Materials to you.
7.7 BPP must be notified of any queries, complaints or short or incorrect
deliveries within 30 days of you receiving the Study Materials. If you do not
notify BPP within this time period, BPP will not be obliged to correct your
order and will not be responsible for any loss or damage suffered by you as a
result.
8. Classroom Courses, Online Course Content and Access Terms
8.1 Please see the description of the Course on the Website for details of the
contents of the available Courses.
8.2 Except as set out in the description of the Course on the Website, no
additional Study Materials and/or tuition (either online, face to face or
classroom) will be provided by BPP.
8.3 You acknowledge that BPP operates a zero-tolerance policy in relation to
inappropriate behaviour of students. In particular, abusive or violent behaviour
directed at BPP's staff or other students and unfair or dishonest practices
including but not limited to cheating, will not be tolerated under any
circumstances. BPP may at its reasonable discretion and without liability or an
obligation to refund Fees, refuse to supply any Course to any student and may
refuse to admit to, and may remove from any BPP premises and/or any BPP online
learning environment, any student whose participation in any Course would, in
BPP's reasonable opinion, be undesirable or whose behaviour BPP considers is or
may be in breach of this Agreement.
8.4 BPP shall provide such presenters to present the Classroom Courses and
Synchronous Online Courses as it, in its sole discretion, deems fit and BPP
shall be entitled at any time to substitute any presenter with any other person
who, in BPP's sole discretion, it deems suitably qualified to present the
relevant Classroom Course and/or Synchronous Online Course.
8.5 In relation to Online Courses and the VLE only, where applicable, the
following points apply:
8.5.1 Upon receipt of a confirmation email from BPP, you will be notified of
when you will have access to the Online Course purchased. The length of time
that you will have access to the Online Course will be displayed on the VLE.
8.5.2 The receipt of an Online Course and/or access to the VLE is personal to
you, and you may not transfer your rights to access the Online Course and/or VLE
or provide an Online Course and/or the VLE content to any other person.
8.5.3 You may incur charges to your internet service provider while you are
accessing and/or downloading the Study Materials and/or VLE. Charges may also be
payable to third parties for use of the software necessary to access and/or
download the Study Materials and/or VLE. You are responsible to pay these
charges.
8.6 In relation to Classroom Courses only the following points apply:
8.6.1 You must comply with all health and safety rules and regulations and any
other reasonable security requirements that apply at the premises at which
Classroom Courses are provided.
8.6.2 You must only use the premises at which Classroom Courses are provided for
the purposes of participating in Classroom Courses.
8.6.3 You must sign an attendance register for each Classroom Course as required
by the presenter.
8.6.4 Your personal possessions are your sole responsibility and BPP accepts no
responsibility and/or liability for anything that is lost or stolen from its
venues. You are advised during a Classroom Course to keep your valuables with
you at all times.
8.6.5 If you require a student visa to enable you to study with BPP, you are
responsible for obtaining the necessary visa and for ensuring that your
attendance is satisfactory to meet your visa requirements.
9. System Requirements
9.1 Please note that it is your responsibility to check that the computer you
plan to use to access your Study Materials and the Online Course (and the VLE,
where applicable) provided by BPP is compatible with the minimum specification
requirements set out in BPP’s Bring Your Own Device Policy (a copy of which is
available here) that relate to the Course you are ordering.
10. Modifications to content of existing courses or technology enhancements
10.1 From time to time, BPP may make modifications, enhancements or issue
clarifications (for example, to clarify ambiguous regulatory drafting) to the
audiovisual, interactive or written Online Courses.
10.2 You will have access to the changes set out in Clause 10.1 above free of
charge only to the extent that such changes relate to the Online Course
purchased by you.
11. Annual (or other term) Updates
11.1 Certain Online Courses will periodically be superseded by new legislation
or the issue of new regulations. Following the enactment of new legislation or
the issue of new regulations, BPP may produce Online Courses covering the new
material. If new legislation or regulations supersedes existing Online Courses,
these may be available for purchase as new Online Courses.
11.2 For the avoidance of doubt, purchase of a current Online Course does not
entitle you to have access to future revised Online Courses as part of the
original purchase.
12. Technical Support and Access
12.1 BPP will provide technical and content support to individuals who have
purchased an Online Course in respect of the Online Course purchased (and the
VLE where applicable), in accordance with the provisions referred to below.
12.2 If you report a fault to BPP, BPP will use reasonable endeavours to provide
a solution, but BPP does not guarantee that the technical support provided will
resolve your technical problems. If you receive technical advice from BPP then
BPP will not accept any responsibility for any problem if you do not ensure that
such advice is strictly followed.
12.3 BPP is not obliged to offer you any technical support in relation to your
use of any of the free demonstrations available on the Website, but BPP may
elect to offer technical support and the extent of any such technical support is
entirely at the discretion of BPP.
12.4 You accept and acknowledge that periods of downtime may be required in
respect of the information technology infrastructure connected to the Website
and that technical support may not be available during such periods of downtime.
Further, you agree that you will not have a claim for breach of contract or
otherwise in respect of such period of unavailability.
12.5 BPP will use reasonable endeavours to make the Online Course (and the VLE,
where applicable) available but cannot guarantee uninterrupted, timely or error
free availability or that defects will be corrected. BPP reserves the right to
suspend access to the Website for the purpose of scheduled or emergency
maintenance, repairs or upgrades to improve the performance or functionality of
the Website.
12.6 You also accept and acknowledge that BPP cannot be held responsible for any
delay or disruptions to your access to the Online Course (and the VLE, where
applicable) as a result of such suspension or any of the following:
12.6.1 the operation of the internet and the World Wide Web, including but not
limited to viruses;
12.6.2 any firewall restrictions that have been placed on your network or the
computer you are using to access the Online Course (or the VLE, where
applicable);
12.6.3 failures of telecommunications links and equipment; or
12.6.4 updated browser issues.
13. Additional Terms for purchasing eBooks
13.1 In order to be able to access an eBook, you must have:
13.1.1 access to an internet connection;
13.1.2 downloaded and have access to the desktop and/or mobile application via
BPP’s third party eBook platform;
13.1.3 a log in to BPP’s third party eBook platform; and
13.1.4 a device compatible with the minimum specification requirements set out
in BPP’s Bring Your Own Device Policy (which is available here).
13.2 eBooks can be used on up to five devices. You are not permitted to print
the eBook in any circumstances, including printing the eBook in its entirety or
any section of the eBook.
13.3 You acknowledge that you may be required to agree to third party terms and
conditions in order to use the eBook platform as set out in Clauses 15.7 and
15.8.
13.4 The desktop and mobile application will allow you to view the eBook content
offline, but you must have accessed the eBook via BPP’s third party eBook
platform first, before the eBook will be available via the desktop or mobile
application.
13.5 Any notes, annotations and bookmarks are designed to synchronise between
your devices, however, BPP cannot accept any liability for any failure of them
to do so.
13.6 Access to your eBook will continue for a period of 18 months from the date
you first access your Course in the VLE. However, if your account is unused for
a period of three months, your account may be deactivated. Your account will be
reactivated (up to the period of 18 months from the date of your first access to
the VLE) upon logging into your account, but you may lose any previously stored
notes, annotations or bookmarks. BPP cannot accept any liability for any lost
notes, annotations or bookmarks.
13.7 For further FAQs relating to eBooks please see eBook FAQS.
14. Warranties
14.1 BPP will use its reasonable endeavours to deliver the Course in accordance
with the description which is set out on the Website.
14.2 BPP expects you to take reasonable care to verify that the Course and Study
Materials in question will meet your needs and any specific requirements that
you have and will not be responsible for any failure to do so.
14.3 In order to qualify into certain professions, you may need to meet the
requirements of the relevant professional body. Participating in a Course and/or
use of the Study Materials will not automatically result in your acceptance by
the relevant professional body. It is your responsibility to ensure that you
meet the eligibility requirements of the relevant professional body. BPP will
not be liable for any failure for you to be accepted into your desired
profession.
14.4 BPP does not make any representation, guarantee or commitment to you that
the Study Materials will be error free.
14.5 All representations, warranties and/or terms and/or commitments not
expressly set out in these Terms and Conditions (whether implied by law,
conduct, and statute or otherwise) are hereby excluded to the maximum extent
permissible by law.
15. Limitation of liability
15.1 The exclusions and limitations of liability contained in these Terms and
Conditions do not apply to a party's liability: (i) for fraud; (ii) for death or
personal injury caused by its negligence; or (iii) where such limitation or
exclusion cannot lawfully be excluded.
15.2 Nothing in these Terms and Conditions shall exclude BPP’s liability under
s.57 of the Consumer Rights Act 2015.
15.3 Except as set out in these Terms and Conditions, BPP shall not be
responsible for losses that result from its failure to comply with these Terms
and Conditions including, but not limited to, losses that fall into the
following categories:
15.3.1 unforeseeable losses; loss or damage is foreseeable if either it is
obvious that it will happen or, if at the time the contract was made, both you
and BPP knew it might happen;
15.3.2 loss of income or revenue;
15.3.3 loss of business;
15.3.4 loss of anticipated savings; or
15.3.5 loss or corruption of data.
15.4 BPP cannot accept responsibility for damage to or loss of property
howsoever caused.
15.5 BPP is not responsible to you for any data that you lose either (a) as a
result of accessing the Online Course, or (b) as a result of accessing the VLE,
or (c) during completion of any Online Course. It is your responsibility to
ensure that you regularly save and back up (i) all data which you hold on the
computer from which you are accessing the Online Study Materials or the VLE, and
(ii) all data that you are inputting when completing the Online Course.
15.6 Save as to Clause 15.1, BPP's maximum aggregate liability to you for any
claims that you may have against BPP for direct loss in contract, tort or
otherwise arising out of or in connection with these Terms and Conditions, the
Course and the Study Materials and any IT technical support shall be limited to
the amount of the Fee which has been paid, or is payable, by you or on your
behalf.
15.7 You may use third party websites and products whilst undertaking your
Course (“Third Party Products”). Such Third Party Products may include eBook
platforms (including but not limited to Vitalsource) and products to assist your
learning in data and technology specialisms.
15.8 You may be required to agree to third party terms and conditions, and a
privacy policy, in order to use such Third Party Products. In such cases, in
relation to the Third Party Products:
15.8.1 You hereby agree and acknowledge that any provision of access or linking
to Third Party Products to you via BPP is on an "as is" and "as available" basis
and that BPP gives no warranties, guarantees, representations or endorsements in
relation to any Third Party Products. BPP will not be held responsible for any
damage to your computer or loss of data that may arise from your use of the
Third Party Products and BPP recommends that, as a matter of good practice, you
back up your computer periodically to minimise the risk of losing important
files and data.
15.8.2 You may be trained in the use of Third Party Products as part of your
Course. Any such utilisation of a Third Party Product during a Course does not
constitute or imply endorsement, recommendation or affiliation with BPP. While
BPP will use reasonable skill and care when choosing appropriate Third Party
Products to be used for training purposes, BPP is not liable for any loss or
damages caused by your use of the said Third Party Products in connection with
your Course.
15.8.3 You hereby agree and acknowledge that these Terms and Conditions do not
authorise you to (and you will not) reproduce, distribute, make available,
create derivative works or otherwise exploit any Third Party Products and nor
will you use the Third Party Products for any purpose other than in connection
with the Course and/or in breach of their terms of use. BPP will have no
liability in such circumstances, and you acknowledge that the owners of the
Third Party Products may have the right to seek damages for any unauthorised use
from you.
15.8.4 You hereby agree and acknowledge that as BPP has no control or input into
the Third Party Products, BPP is not responsible for any loss or damage incurred
as a result of your using the Third Party Products.
15.8.5 Use of the Third Party Products may result in your personal data being
transferred by you directly to third parties. BPP will not be liable for any
losses arising from a third party's treatment of any of your data in such
circumstances.
15.8.6 Any liability in such cases will be between you and the provider of the
Third Party Product, as governed by their terms of use.
15.9 BPP will not be held responsible for any delay or failure to comply with
its obligations under these Terms and Conditions if the delay or failure arises
from any cause which is beyond BPP's reasonable control (including those listed
in Clause 6). This condition does not affect your statutory rights.
15.10 BPP requires that students seek to resolve any complaints informally in
the first instance. In the event that the informal complaints process is
unsuccessful, students must follow BPP’s formal Complaints Procedure, a copy of
which can be found here. You are required to exhaust BPP’s complaints procedure
before seeking to bring any legal action against BPP.
15.11 Each provision in this Clause 15 shall be construed separately as between
you and BPP. If any part is held to be unreasonable, inapplicable, or
unenforceable, but would be valid if some part thereof was deleted such
provision shall apply but with such modification as may be necessary to make it
valid and effective.
16. Disclaimer
16.1 BPP will not accept any responsibility to any party for the use of the
tuition provided and/or the contents of the Study Materials for any purpose
other than training for educational purposes, including but not limited to the
giving of advice by you to any third party.
17. Intellectual property
17.1 At all times, BPP and/or its licensors remains the owner of the
intellectual property in the Courses, the Study Materials and VLE content. No
Course and/or Study Materials and/or VLE content, nor any part thereof may be
reproduced, shared, stored in a retrieval system, published or transmitted in
any form or by any means without the prior written permission of BPP.
17.2 In consideration of receipt by BPP of the Fee, BPP grants to you a
non-exclusive, non-transferable licence to use the Study Materials and VLE
content for the sole purpose of studying for the Classroom Course and/or the
Online Course. For eBooks, the licence granted is to use the eBooks on up to
five devices.
17.3 Save as expressly set out in these Terms and Conditions, 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 the Study
Materials or VLE content. You may not modify, adapt, merge, translate,
disassemble, decompile, recompile or reverse engineer any software forming part
of the Online Study Materials or VLE or create derivative works based on the
whole of or any part, or which incorporate, the Online Study Materials or VLE
into any software program. In addition, you are prohibited from making available
(including by way of sale) any notes, materials, assessment answers (including
mock assessments) created by you during your attendance on a Course or through
use of the Study Materials.
17.4 Use of the Study Materials not expressly permitted in these Terms and
Conditions is strictly prohibited and will constitute an infringement of either
BPP's copyright or BPP's other intellectual property rights, and/or the
copyright or other intellectual property rights of BPP's licensors.
17.5 BPP reserves the right to monitor your usage of the Online Course and VLE
content. In the event that you violate these Terms and Conditions (including but
not limited to in the event that you share your login details for the Online
Course and/or VLE with another person or share or publish Course content), BPP
may, at its discretion, suspend or terminate your access to the Course. BPP will
not provide any refund for Fees where it terminates your access to the Course in
accordance with this Clause 17.5.
17.6 All intellectual property rights created by you during your Course with BPP
and relating to your studies (including but not limited to exam scripts,
assessments and projects completed by you) will be jointly owned by you and BPP
from creation.
18. Confidentiality
18.1 Information regarding your attendance and academic performance on the
Course will be kept confidential within the BPP Group, unless you agree
otherwise or you take steps to waive its confidential nature, save for
information required to be disclosed by law, to a relevant regulatory body or
professional body for the Course or as otherwise permitted by BPP’s privacy
policy.
18.2 If you request a reference from BPP, you agree to waive your right to
confidentiality for the purposes of providing the reference and for BPP to
process your personal data for that purpose and disclose it to the third party.
18.3 If you are sponsored, BPP is permitted to provide information regarding
your progress (including, without limitation, details of your attendance, marks,
exam results, general progress reports and any other information reasonably
requested by your Sponsor and which BPP in its sole discretion considers
appropriate for it to provide) to your Sponsor and you agree to waive your right
to confidentiality for those purposes.
19. Data Protection
19.1 You agree that BPP may process your personal data in order to perform its
obligations and enforce its rights under this agreement and in accordance with
the Data Protection Act 2018 and BPP’s privacy policy.
20. General
20.1 BPP reserves the right to charge late payment interest on any sums that are
due and payable by or on behalf of you, at a rate of 4% 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.
20.2 BPP reserves the right to recover any reasonable debt collection costs in
connection with these Terms and Conditions.
20.3 BPP may update or amend the Terms and Conditions 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. In addition, your
Course (including any apprenticeship) may require you to sign additional written
terms and conditions which will apply to your place on the Course, in addition
to the Terms and Conditions.
20.4 Subject to Clause 20.3, these Terms and Conditions, the Additional Terms
and Conditions and the Website Terms of Use (if you purchase the Course via the
Website) constitute the entire agreement and understanding between us and
supersedes and replaces any other terms and conditions previously published by
us and any other representations or statements made by us to you, whether oral,
written or otherwise.
20.5 You may not assign or sub-contract any of your rights or obligations under
these Terms and Conditions to any third party unless we agree in writing.
20.6 BPP may assign, transfer or sub-contract any of its rights or obligations
under the Terms and Conditions to any third party at its discretion and without
further notice to you.
20.7 No relaxation or delay by BPP in exercising any right or remedy under these
Terms and Conditions shall operate as a waiver of that right or remedy or shall
affect its ability to subsequently exercise that right or remedy. Any waiver
must be agreed by BPP in writing.
20.8 If any provision in these Terms and Conditions is found to be invalid or
unenforceable, then that provision will (so far as it is invalid or
unenforceable) be given no effect and will be deemed not to be included in these
Terms and Conditions, but without invalidating any of the remaining provisions
of these Terms and Conditions
20.9 Any notices required to be served by BPP under these Terms and Conditions
will be deemed properly served if sent via prepaid postage to the postal
address, or emailed to the email address, notified by you to BPP, at BPP's
discretion.
20.10 Any notices required to be served on BPP by you will be deemed properly
served if sent via the Website or by post using the contact details set out in
Clause 21.
20.11 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 email or via the Website is deemed to
be given on the day it was sent.
20.12 The agreement between you and BPP will be conducted and concluded in
English only.
20.13 The agreement between you and BPP which is contained in these Terms and
Conditions is not intended to be for the benefit of any third party and shall
not be exercised by any other person under the Contract (Rights of Third
Parties) Act 1999 or otherwise.
20.14 These Terms and Conditions, and any other matters arising out of or in
relation to these Terms and Conditions, 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 and Conditions.
21. Contact Details
Telephone: 03300 603100
Support: www.bpp.com/request-support
Post: BPP Professional Education, BPP House, Aldine Place, 142-144 Uxbridge
Road, London, W12 8AW
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