ACA

Terms & Conditions

BPP Professional Education

Click here to view terms and conditions for BPP Learning Media

These terms and conditions ("the Terms") govern your use of this BPP Holdings plc ("BPP") web site (the "web site"). Please read through the Terms. If you do not agree with the Terms, do not use this web site. If you do use the web site, your conduct indicates that you agree to be bound by the Terms.

Copyright notices
Unless otherwise specified the copyright in the contents of all the pages in this web site are owned or licensed to BPP.

Conditions of your use of this Website
Except as stated below, the contents of this web site may not be copied, reproduced, distributed, republished, posted or transmitted in any form or by any means without the prior express written permission of BPP. You may not distribute, display or copy any of the contents of the pages contained in this web site to third parties including, but not limited to "caching" any material on this web site for access by third parties and "mirroring" any material on this web site.

You may print or download to disk the contents of an individual page of this web site for the purpose of private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the content in this web site for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.

Exclusion of BPP's liability
The information contained in the material in this web site is only for information purposes.

In no event do we accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from use of or inability to use this web site. BPP makes no warranty that this web site (or web sites which are linked to this web site) is free from computer viruses or any other malicious or impairing computer program.

The pages contained in this web site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

Other web sites
This web site contains links to other websites that are not under the control of and are not maintained by BPP. BPP is not responsible for the content of those sites. BPP provides these links for your convenience only but does not necessarily endorse the material on these sites.

Data Protection and Privacy
Any details which you provide to us from which we can identify you are held and processed in accordance with our Data Protection Registration. Further details are set out in our Privacy Statement (see below).

Privacy Policy covering the web site
BPP Holdings plc
BPP House
Aldine Place
142-144 Uxbridge Road
Shepherd's Bush Green
London. W12 8AA
+44 (0)20 8740 2222

General policy
BPP respects your privacy. The information that you provide us with, or that is gathered automatically helps us and third parties to monitor our service and provide you with the services that you have subscribed to. If you have any concerns, questions or comments please email busedweb@bpp.com

Surveys
On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. These surveys are optional. We may share non-personal, aggregated information with third parties.

Security
While we strive to keep the information that you supply directly or indirectly secure please be aware that the Internet is not a fully secure medium.

Usage of information
If requested we may submit your information to local or government authorities.

Policy changes
By using our site you agree to accept this privacy policy and are aware that our policy may change with time. Any changes to this policy will appear on this web page.

Law governing the Terms
Use of this web site and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

Jurisdiction
The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this web site and its use and these Terms.

Company Information

Company Registration Number
1245304

Place of registration
England

Registered office address
BPP House, Aldine Place, London, W12 8AA

Your VAT number
BPP group's VAT number is: GB 466 4516 29

BPP Learning Media

These terms and conditions and the application form comprise the agreement pursuant to which BPP Professional Education Ltd provides classroom courses and BPP Learning Media Ltd supplies study material to the customer.

1. Payment Terms
1.1 Full payment or authorisation to invoice an employer, must accompany the application form.

1.2 Full payment or authorisation to invoice an employer is required when any study materials are ordered and prior to any materials being despatched.

1.3 Full payment or authorisation to invoice an employer for any online study tool is required when ordered and prior to any log on details being supplied.

1.4 BPP Professional Education Ltd acts as agent for BPP Learning Media Ltd** in collecting payments for any study materials supplied under this Agreement.

1.5 Where BPP Professional Education Ltd has received authorisation to invoice employer the following payment terms apply:

• Full payment is due within 30 days from the date of the invoice.
• Payment is due immediately if booking is made less than 30 days before the course start date.
• If BPP Professional Education Ltd fails to receive full payment of the invoice by the course start date the customer may be refused entry to the course.
• BPP Professional Education Ltd and BPP Learning Media Ltd reserve the right to charge late payment interest on any outstanding invoices, at a rate of 8% above the Bank of England base rate.
• BPP Professional Education Ltd and BPP Learning Media Ltd reserve the right to recover any reasonable debt collection costs in connection with this Agreement.
• The employer is liable for all unpaid invoices.

2 Study Materials

2.1 All study materials, including but not limited to Distance Learning Materials, CD Rom, i-Learn CD Rom, i-Pass CD Rom, Audio Success CD, Revision/Assessment/Tool Kit, MCQ Cards, Passcards, Question Banks, Review Exercises, Mock Exams (papers and suggested solutions), Online Tests, Online Tutorials, Online Downloads and Study Texts are supplied to the customer by BPP Learning Media Ltd.

2.2 Unless Clause 3.2 applies, BPP Learning Media Ltd will despatch study materials on receipt of full payment or authorisation to invoice an employer in accordance with the following delivery guidelines. Please note that our warehouse will be closed from noon on Tuesday 18th December and will resume shipping of in-stock items on Wednesday 2nd January 2008:

• UK: delivery within approximately 5-7 working days of despatch;
• Europe: delivery within approximately 6-8 working days of despatch; and
• Rest of the world: delivery within approximately 10-12 working days of despatch.

2.3 BPP Learning Media Ltd will refund the cost of study materials (less postage and packaging) if returned by the customer to BPP Learning Media Ltd, 17 Fairway Drive, Greenford, Middlesex, UB6 8PW within 14 days of receipt in a re-saleable condition (for CDs this means with the security seal intact). Proof of postage must be obtained by the customer and produced in the event of any query.

2.4 BPP Professional Education Ltd must be notified of any queries, complaints or short deliveries within 14 days of receipt of study materials.

3. Classroom Courses

3.1 Customers must bring the relevant course joining instructions to all sessions of the course. Failure to bring joining instructions may lead to customers being refused entry to the course.

3.2 Customers attending a classroom course will be provided with study materials by BPP Learning Media Ltd on the first day of the course.

3.3 BPP Professional Education Ltd reserves the right to cancel, reschedule, or change the location of a course, if in the opinion of BPP Professional Education Ltd, such an action is necessary. BPP Professional Education Ltd will notify the customer as soon as the change is made. In such circumstances, the customer has the option to reschedule the course, apply the fees to another course, or to receive a refund or credit note for the course fees paid.

3.4 Subject to availability, provided full payment has been received, and BPP Professional Education Ltd is informed at least 14 working days prior to the course date, it may be possible to transfer to an alternative course date, for which a course transfer fee of £25 will be charged. Such transfer may also give rise to an additional charge by BPP Learning Media Ltd for replacement study materials.

3.5 Under no circumstances are courses or study materials transferable between customers.

3.6 Customers may cancel a classroom course provided that at least 14 days' notice is given to BPP Professional Education Ltd prior to the start date of the course and a refund of the course fees will be given (less a deduction for study materials and a cancellation fee of £100). For cancellations notified less than 14 days prior to the start date of the course, no refunds will be given.

4. Distance Learning/Home Study Courses

Distance learning customers can upgrade to an appropriate classroom course and will be invoiced for the balance of the cost over and above the price of the distance learning course using the classroom course prices in force at the time of upgrade. There may also be an additional charge for replacement study materials.

5. Pass Assurance Scheme

5.1 The Pass Assurance Scheme is available to customers who fulfil the following conditions:

• Full attendance on a taught and revision course for the paper (customers must attend complete sessions or they will jeopardise their status on the Scheme);
• Timely submission of both course exams and achieving a minimum score of 30%. Course exam deadlines are highlighted in the Submission Schedule which is issued to all customers at point of booking confirmation; and
• To be eligible for Pass Assurance, no more than 3 papers can be taken in any given sitting.

5.2 If a customer who has complied with the above conditions fails the exam, they can:

• Choose any equivalent taught or revision course for that paper at the next sitting, free of charge, subject to availability.

5.3 If a full time courses customer who has complied with the above conditions fails the exam, they can:

• Take the next sitting of the full time course at a 30% discount (including teaching days, revision days and question days); or
• Take any free revision course providing the customer only has one paper to retake and is enrolled on a full-time course for the next three papers prior to the following exam sitting.

6. Intellectual Property

6.1 BPP Learning Media Ltd grants the customer a non-transferable, non-exclusive licence to use BPP Learning Media Ltd's products (including information, training material content, software and data) under the terms of this Agreement.

6.2 This licence terminates upon termination of this Agreement for whatever reason.

6.3 The customer warrants that they shall only use BPP Learning Media Ltd's products for their own educational purposes and shall not, without BPP Learning Media Ltd's prior written consent, copy, make available, retransmit, reproduce, sell, disseminate, licence, distribute, publish, broadcast or otherwise circulate BPP Learning Media Ltd's products (or any part of them) to any person other than in accordance with this Agreement.

6.4 The customer shall fully indemnify BPP Learning Media Ltd in respect of any infringement of any intellectual property rights arising as a result of their use of BPP Learning Media Ltd products in breach of this Agreement.

6.5 This clause 6 does not apply to MyBPP.

7.Overseas students

7.1 Customers who need a student visa in order to study with BPP Professional Education Ltd must ensure that they meet their visa requirements.

7.2 In the case of visa refusal, a course deferral may be allowed at BPP Professional Education Ltd's discretion, provided that at least 14 days notice is given prior to the start of the course. Alternatively, a refund may be given if BPP is supplied with a copy of the visa refusal letter and a copy of the photo page of the customer's passport. Any refund given will be subject to a deduction for study materials and a cancellation fee of £100 and will only be processed if the required paperwork is received by BPP Professional Education Ltd within 28 days of the start date of the course.

7.3 Customers with student visas are responsible for ensuring that their attendance at class is recorded as evidence of attendance as per Home Office requirements.

7.4 BPP Professional Education Ltd reserves the right to remove a customer from a course at any time for failure to comply with attendance requirements and no refunds will be given.

7.5 BPP Professional Education Ltd will only issue customers who wish to extend their visa with a visa support letter once they have re-enrolled on a BPP Professional Education Ltd course and have paid half of the fees for that course.

8. Change of address or other contact details

BPP Professional Education Ltd must be notified in writing of any change in a customer's contact details, including the email address specified on the customer's application form.

9. Security

Personal possessions are the sole responsibility of the customer and BPP Professional Education Ltd accepts no responsibility for anything that is lost or stolen from its venues. Customers are advised to keep valuables with them at all times.

10. Notices

Any notices required to be served by BPP Professional Education Ltd or BPP Learning Media Ltd under this Agreement will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address notified by the customer, at BPP's discretion.

11. Limitation of Liability

11.1 The liability for BPP Professional Education Ltd and BPP Learning Media Ltd for direct losses arising out of their negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the cash receipts from the customer (or employer) for the course or study materials.

11.2 BPP Professional Education Ltd and BPP Learning Media Ltd shall not be liable for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise.

12. Warranty

12.1 BPP Learning Media Ltd warrants that study materials will be of satisfactory quality but does not warrant that study materials will be error free.

12.2 BPP Professional Education Ltd warrants that it will perform any services under this Agreement with reasonable skill and care.

12.3 These warranties are provided in lieu of all other warranties express or implied which are hereby excluded to the fullest extent permitted by law.

13. Data Protection

13.1 Customers agree that, in relation to information held from time to time, BPP Professional Education Ltd and BPP Learning Media Ltd may:

- Use the information to perform their obligations and enforce rights under this Agreement.

- Use the information to inform customers about courses, products or services which may be of interest to them.

- Share the information with BPP group companies to inform the customer about other products or services which may be of interest to them.

- Use the information to inform customers of feedback and exam results.

- Communicate with the customer's employer regarding their progress, results and attendance.

13.2 Customers have the right to receive details of the personal information held by BPP Professional Education Ltd or BPP Learning Media Ltd. A fee of £20 will be payable.

13.3 In the event that customers do not wish to receive correspondence from BPP Professional Education Ltd or BPP Learning Media Ltd, a written request should be sent to the registered office.

14. Validity

If any provision of this Agreement is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

15. Jurisdiction

The parties to this Agreement irrevocably submit to the exclusive jurisdiction of the English Courts for the determination of disputes arising under this Agreement.