Terms and conditions for the ACCA Full-time Course

These Terms apply to the sale of the ACCA Full-time Course. Please read these Terms carefully before accepting a place on the ACCA Full-time Course and print off a copy for your records. 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 accepting a place on the ACCA Full-time Course, you are confirming your agreement to be bound by these Terms.

These Terms do not apply to any other courses provided by BPP Professional Education Limited (including ACCA part-time courses) nor any other programmes provided by BPP University of Professional Studies Limited.

If there is any conflict between these terms and conditions, the Website Terms of Use and the Additional Terms and Conditions, the conflict shall be resolved according to the following order of priority; (1) the Additional Terms and Conditions; (2) the Terms; and (3) the Website Terms of Use.

Where Study Materials accompany the ACCA Full-time Course these will be supplied by BPP LM and Clauses 4.8, 4.9, 5.9, 5.10, 5.11, 5.12, 5.13 and the whole of Clause 6 will apply. All other Course Materials will be supplied by BPPU and/or BPP LM.

www.bpp.com is operated by BPP University Limited, BPP House, Aldine Place, 142-144

Uxbridge Road, London W12 8AA, registered in England and Wales under company number

02609100 , VAT registration number GB 115 1024 75, telephone number 020 3130 6986.

1. Definitions

"ACCA Full-time Course" means the course to be delivered and the Course Materials to be provided by BPP as set out in detail in the Offer Email;

"BPP" means BPP LM and/or BPPU as the context may require;

"BPP LM" means BPP Learning Media Limited whose registered office is BPP House, Aldine Place, 142-144 Uxbridge Road, London, W12 8AA;

"BPPU Pass Assurance Scheme" has the meaning set out in Clause 17.1;

"BPPU" means BPP University Limited, BPP House, Aldine Place, 142-144 Uxbridge

Road, London, W12 8AA;

"Brochure" means any online or hard copy document that is produced by BPP to provide detailed information with respect to the ACCA Full-time Course these Terms cover; "Course Fee" means the fee payable for the ACCA Full-time Course which can be viewed at www.bpp.com/acca, and shall include any VAT payable but excludes any delivery charges payable in relation to delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable;

"Course Materials" means the materials provided by BPPU and/or BPP LM in the course of the delivery of the ACCA Full-time Course and shall include the Study Materials; "Course Year" means the 12 month period beginning on the start date of your ACCA Full-time Course and for subsequent course years, the anniversary thereof;

"Cut-Off Date" means:

(a) 20 February in each calendar year in relation to the ACCA Full-time Course commencing in March of that calendar year; and

(b) 20 August in each calendar year in relation to the ACCA Full-time

Course commencing in September of that calendar year;

"Deposit" means the sum payable by you, as detailed on www.bpp.com/acca, in order to secure your place on the ACCA Full-time Course;

"Enrolment" means when BPP records an applicant's formal communication of

acceptance of an offer of admission and acceptance of the conditions attached to the

Offer;

"International Student" means a person who is a non European Economic Area person or has limited leave to remain in the United Kingdom and who wishes to study the ACCA Full-time Course;

"GARs" means the General Academic Regulations of BPP as amended from time to time;

"MoPPs" means the Manual of Policies and Procedures of BPP as amended from time to time;

"Offer" means a conditional offer by BPP for a place for you to study on the ACCA Full- time Course;

"Offer Email" means the email that was sent to you that set out the Offer and details of the ACCA Full-time Course you have applied for;

"Online Study Materials" means, but is not limited to, Online Tests, Online Tutorials and

Online Downloads;

"Study Materials" means, but is 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), Course Companions, Revision Companions, Combined Companions, Online Study Materials, eBooks and Study Texts;

"Registration" means the point at which, after Enrolment and payment of any Course

Fees due, BPP records your acceptance and undertakings, in writing, to abide by the regulations, rules and terms of registration with BPP; " Terms" means these terms and conditions, the Additional Terms and Conditions, the Website Terms of Use if you confirm your acceptance of a place on the ACCA Full-time Course over the Internet and any documents to which they refer to;

"Website" means www.bpp.com; and

"you" means the individual purchasing the ACCA Full-time Course.

2. Confirmation Procedure

2.1 Subject to Clause 9, in order to confirm your acceptance of the Offer you must, by the date stated in the Offer Email:

2.1.1 sign and return the Offer acceptance documents which accompany your Offer

Email, accepting these Terms; and

2.1.2 pay in clear funds to BPP the Deposit; and

2.1.3 send a copy of your passport to BPP International Admissions, 142-144 Uxbridge

Road, Shepherds Bush, London W12 8AA.

2.2 The Offer lapses if you do not comply with all the obligations set out in Clause 2.1 by the date stated in your Offer Email.

2.3 A legally binding agreement shall not come into existence until you have fulfilled all of the obligations set out in Clause 2.1.

2.4 Notwithstanding Clause 2.3, your place on the ACCA Full-time Course is subject to you satisfying the condition set out in Clause 10.1.1.

2.5 BPP reserves the right to withdraw at any time the ACCA Full-time Course advertised for

sale on the Website and/or the Brochure.

3. Deposit Payment Terms

3.1 The Deposit shall be paid after you accept the Offer by the methods set

out in your Offer Email, or by contacting BPP International Admissions/ACCA FT Team on +44 (0)7430 7065.

3.2 Subject to clause 2.2, if you choose not to pay your Deposit online by either credit or debit card, you have 7 working days to pay BPP by either cheque or BACS in clear funds from the date when BPP receive your Offer acceptance documents in accordance with Clause 2.1.1.

3.3 The Deposit is non-refundable in all circumstances except (and subject to Clause 9 for International Students) if you cancel your purchase of the ACCA Full-time Course in accordance with Clause 5.1 below, in which case your Deposit will be refunded in full in accordance with Clause 5.4.

3.4 Subject to Clause 9 for International Students, the Deposit will be offset against the Course Fee payable for the ACCA Full-time Course you have applied for provided you take up your place on the ACCA Full-time Course. If you are permitted to defer the start date of your ACCA Full-time Course or transfer to a different BPP programme in accordance with Clause 5.2 below, your Deposit can only be carried over once, for up to one year. Your Deposit is then immediately non-refundable.

4. Course Fee Payment Terms

4.1 The Course Fee for the ACCA Full-time Course at any given time can be viewed at www.bpp.com/acca and the Brochure and/or can be obtained from a BPP International Admissions/ ACCA FT Team representative. Course Fees are quoted in pounds sterling.

4.2 By accepting your Offer and fulfilling the obligations set out in Clause 2.1, you agree to

pay the Course Fee.

4.3 The provision of the ACCA Full-time Course is contingent upon BPP having received cleared funds from you or your employer (if you are a sponsored student) in respect of the Course Fee for the ACCA Full-time Course. Without prejudice to BPP's rights and remedies under these Terms and the GAR's, if any sum payable in respect of the Course Fee is not paid in cleared funds on or before the due date (being the date set out on the Website which can be viewed at www.bpp.com/acca your ACCA Full-time Course and/or as notified to you by an invoice sent by BPP), BPP reserves the right, forthwith and at BPP's sole discretion, to suspend the provision to you and refuse you entry to the ACCA Full-time Course. For payments by cheque, cleared funds means 10 days after receipt of the cheque by BPP.

4.4 In the event a cheque is returned or a credit or debit card transaction declined by your bank, funds will not be deemed to have cleared. BPP shall not be liable for any bank charges that may apply. An administration fee of £15 will be charged for any cheques that are not met when presented for payment by BPP.

4.5 BPP reserves the right from time to time to change the amount of the Course Fee. In the unlikely event that due to a technical error, the amount of the Course Fee displayed on the Website or in the Brochure is incorrect, BPP will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than displayed on the Website and/or in the Brochure then you will be given the opportunity to cancel your order and receive a full refund at the time you are notified of the higher Course Fee. If the Course Fee is lower than displayed on the Website or in the Brochure then you will be refunded the difference between the lower Course Fee and the amount which you have paid. Any refund will be made in accordance with Clause 5.4.

4.6 If you are a sponsored student and your employer fails to pay the Course Fees, you will be liable to pay the Course Fees.

4.7 Unless otherwise stated, the Course Fee excludes amounts payable to the professional body for student / delegate registration, exemptions and examination entries, which are payable by you separately and BPP accepts no responsibility for this.

4.8 Where Study Materials accompany the ACCA Full-time Course and they are supplied by BPP LM, BPPU acts as agent for BPP LM in collecting payments for any Study Materials supplied.

4.9 No Study Materials will be dispatched to you by BPP LM or be made available for collection, unless BPPU has received full payment in cleared funds from you or your employer (including payment of delivery charges where applicable) in respect of the related Course Fee.

5. Cancellation and Deferral Terms

5.1 Under the Consumer Protection (Distance Selling) Regulations 2000 ("Distance Selling Regulations") you may cancel your purchase of an ACCA Full-time Course within a period of 7 working days beginning on the day after the day on which the contract is concluded with you in accordance with these Terms. For further details of you rights under the Distance Selling Regulations you can visit your local Citizens' Advice Bureau or visit the Office of Fair Trading website.

5.2 In addition to your rights under the Distance Selling Regulations, BPP also offers the following refund, deferral and transfer policy on its ACCA Full-time Courses if you are not an International Student (where there is no legal right to a refund under the Distance Selling Regulations or otherwise). International Students should refer to Clause 9.

5.2.1 Refund, deferral and transfer policy applicable to the ACCA Full-time Course prior to the due date of the first instalment of your Course Fee in each Course Year of your ACCA Full-time Course (being the date set out in the Website which can be viewed at www.bpp.com/acca for your ACCA Full-time Course and/or as notified to you by an invoice sent by BPP):

5.2.1.1 You may cancel your place on the ACCA Full-time Course at any time

up to the due date of the first instalment of your Course Fee for the relevant Course Year. You will receive a full refund of any Course Fees which you have paid for that Course Year in accordance with Clause

5.4 below, less your Deposit which is non-refundable. You will not be liable to pay the outstanding Course Fee for that Course Year or subsequent Course Years;

5.2.1.2 You may defer the start date of your place on the ACCA Full-time Course or transfer to a different BPP programme at any time up to the due date of the first instalment of your Course Fee for the relevant Course Year, subject to availability on your chosen new programme ("New Programme"), meeting the requirements of your New Programme in accordance with Clause 10.1.1, and upon payment by you of any difference in the Course Fees payable for the two programmes. You may only defer or transfer your place on the ACCA Full-time Course once and your New Programme start date must be within one year of the date of your request to defer or transfer. In the case of a deferral, you will receive a full refund of any Course Fees which you have paid in relation to your place on the ACCA Full-time Course for that Course Year in accordance with Clause 5.4 below, less your Deposit which will be transferred to your New Programme. In the case of a transfer, your Deposit and any Course Fees which you have paid in relation to your place on the ACCA Full-time Course for that Course Year will be transferred to your New Programme. In the case of both deferrals and transfers you will not be liable to pay the outstanding

Course Fee for your place on the ACCA Full-time Course for that Course Year or subsequent Course Years but you upon conclusion of a new contract between you and BPP in relation to your New Programme will be liable to pay the Course Fee in relation to your New Programme;

5.2.2 Refund, deferral and transfer policy applicable to the ACCA Full-time Course after the due date of the first instalment of your Course Fee in each Course Year of your ACCA Full-time Course but before the relevant Cut-Off Date relating to that Course Year:

5.2.2.1 You may cancel your place on the ACCA Full-time Course at any time after the due date of the first instalment of your Course Fee for the relevant Course Year but before the relevant Cut-Off Date relating to that Course Year. You will be liable to pay 50% of the Course Fee for that Course Year (including your Deposit if this is the first Course Year of your ACCA Full-time Course). Any Course Fees which you have paid in excess of 50% of the Course Fee for that Course Year (excluding your Deposit, which is non-refundable) will be refunded to you in accordance with Clause 5.4 below. You will not be liable to pay the remaining 50% of the Course Fee for that Course Year or the Course Fee for subsequent Course Years;

5.2.2.2 You may defer the start date of your place on the ACCA Full-time Course (or where your ACCA Full-time Course has already started you can take an interruption of studies and continue with your ACCA Full- time Course from the same point in a subsequent Course Year) or transfer to a different BPP programme at any time after the due date of the first instalment of your Course Fee for the relevant Course Year but before the relevant Cut-Off Date relating to that Course Year. Deferrals and transfers are subject to availability on your chosen New Programme, meeting the requirements of your New Programme in accordance with Clause 10.1.1, and upon payment by you of any difference in the Course Fees payable for the two programmes. For deferrals you will also be required to pay a £250 charge to cover administrative costs. For transfers you must have paid your Course Fees for the relevant Course Year by their due date prior to being permitted to transfer. You may only defer or transfer your place on the ACCA Full-time Course once and your New Programme start date must be within one year of the date of your request to defer or transfer. You will remain liable to pay 50% of the Course Fee for your original place on the ACCA Full-time Course for the relevant Course Year. Your Deposit (if this is the first Course Year of your ACCA Full-time Course) and any Course Fees which you have paid or subsequently pay in relation to your original place on the ACCA Full-time Course for that Course Year will be transferred to your New Programme. No refund of Course Fees paid in relation to your original place on the ACCA Full- time Course will be available.

5.2.3 Refund, deferral and transfer policy applicable to the ACCA Full-time Course after the relevant Cut-Off Date relating to that Course Year:

5.2.3.1 You may cancel your place on the ACCA Full-time Course at any time after the relevant Cut-Off Date relating to that Course Year in the relevant Course Year. You will be liable to pay 100% of the outstanding Course Fee for that Course Year(including your Deposit if this is the first Course Year of your ACCA Full-time Course). You will not be liable to pay the Course Fee for subsequent Course Years;

5.2.3.2 Provided that you have paid your Course Fees for the relevant Course Year by their due date, you may (i) take an interruption of studies and continue with your ACCA Full-time Course from the same point in a subsequent Course Year, or (ii) transfer to a different BPP programme, at any time after the relevant Cut-Off Date relating to the relevant Course Year. Deferrals and transfers are subject to availability on your chosen New Programme, meeting the requirements of your New Programme in accordance with Clause 10.1.1, and upon payment by you of any difference in the Course Fees payable for the two programmes. For deferrals you will also be required to pay a £250 charge to cover administrative costs. You may only defer or transfer your place on the ACCA Full-time Course once and your New Programme start date must be within one year of the date of your request to defer or transfer. You will remain liable to pay 100% of the Course Fee for your original place on the ACCA Full-time Course for the relevant Course Year. Your Deposit (if this is the first Course Year of your ACCA Full-time Course) and any Course Fees which you have paid or subsequently pay in relation to your original place on the ACCA Full-time Course for that Course Year will be transferred to your New Programme. No refund of Course Fees paid in relation to your original place on the ACCA Full-time Course will be available.

5.2.4 All Course Fees paid in respect of completed Course Years are non-refundable in any circumstances. You will remain liable to pay 100% of any unpaid Course Fees for completed Course Years, regardless of whether you are permitted to cancel, defer or transfer your place on the ACCA Full-time Course in a subsequent Course Year.

5.3 BPP reserves the right to cancel the ACCA Full-time Course at any time up to ten working days prior to the commencement of the ACCA Full-time Course. If BPP decides not to provide the ACCA Full-time Course or makes any significant variation to the ACCA Full-time Course prior to commencement, then it will use its reasonable endeavours to notify you in advance and you shall be entitled to withdraw your offer by written notice to BPP. In these circumstances you will be entitled to a refund of the any part of the Course Fee which you have paid to BPP (less the Deposit) in accordance with Clause 5.4 below.

5.4 If you have chosen to pay the Course Fee, BPP will credit the Course Fee in accordance with Clause 5.1 and 5.2, to your credit or debit card (that you used to pay the Course Fee) as appropriate (or if you have paid by cheque by sending you a cheque) within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation. If you have chosen to invoice your employer 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 employer and at the time of cancellation the relevant invoice has already been paid by your employer, the Course Fee will be credited to your employer's bank account within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation.

5.5 You may cancel or defer your order pursuant to Clause 5.1 and Clause 5.2, by post or email using the contact details that are set out at the end of these Terms. Notice will be deemed to be given in accordance with the time period set out in Clause 18.9.

5.6 Except as set out in Clauses 5.1 and 5.2, no cancellations and no deferrals will be permitted for the ACCA Full-time Course.

5.7 Your acceptance of a place to study on the ACCA Full-time Course is personal to you and you will not be permitted to transfer your place on the ACCA Full-time Course or Course Fees to any other person.

5.8 BPP reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 5.1 and 5.2 and to charge additional fees in any such event.

5.9 If Study Materials accompany your ACCA Full-time Course and these have been dispatched to you prior to you cancelling your place on the ACCA Full-time Course then it will be your responsibility to ensure that these are returned to BPP Learning Media Ltd, 17 Fairway Drive, Greenford, Middlesex, UB6 8PW in a reasonable and resalable condition (for audio, video or software products this means in the sealed package in which they were delivered). Any Study Materials returned to BPP LM will be at your own risk. You must obtain proof of postage which you may be required to produce in the event of any query. You will be responsible for payment of any delivery charges incurred in returning the Study Materials to BPP LM.

5.10 BPP reserves the right to withhold payment of part or all of your Course Fee refund until all Study Materials have been returned to BPP in accordance with Clause 4.10 above or if Study Materials are not returned in a re-saleable condition. Please note that Study Materials which cannot be returned:

5.10.1 with respect to Online Study Materials, if you have either downloaded or accessed the Online Study Materials;

5.10.2 with respect to audio, video or software products if you have removed them from the sealed package in which they were delivered; and

5.10.3 to the extent that they comprise eBooks, which by reason of their nature, cannot be returned. BPP will deduct from any refund of your Course Fee the retail price of Study Materials which cannot be returned or which are not returned in a re-saleable condition.

5.11 If you cancel the ACCA Full-time Course within a period of 7 working days in accordance with Clause 5.1, BPP will deduct from any refund of your Course Fee the cost of any delivery charges paid by BPP in relation to the return of the Study Materials, if applicable, by you to BPP. If you cancel the ACCA Full-time Course after such time, BPP will deduct from any refund of your Course Fee the cost of all applicable delivery charges, including delivery charges paid to deliver the Study Materials to you.

5.12 If Study Materials accompany your ACCA Full-time Course and these have been dispatched to you prior to you deferring your place on the ACCA Full-time Course, BPP will be under no obligation to provide you with any revised or updated Study Materials relating to your deferred ACCA Full-time Course and any additional Study Materials required by you will need to be purchased by you prior to commencing you deferred ACCA Full-time Course.

6. Study Materials

6.1 Where Study Materials accompany the ACCA Full-time Course and they are supplied by BPP LM, these Study Materials will be made available to you at the relevant premises where the ACCA Full-time Course is to take place and at the relevant time.

6.2 Subject to Clauses 4.9 and 6.2, you may request that BPP LM dispatch the Study Materials to you in advance of the ACCA Full-time Course, where such Study Materials are available. A delivery charge will be payable by you to BPP for this service. Current details on the available delivery options and the applicable delivery charges can be viewed at www.bpp.com/learning-media/terms/delivery-costs or will be notified to you by a BPP Customer Services representative if you are ordering over the telephone or by email. LM will endeavour to dispatch the Study Materials to you following acceptance of your order and delivery instructions in accordance with Clause 2.3.

6.3 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.

6.4 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. 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.

6.5 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.

6.6 BPP must be notified of any queries, complaints or short or incorrect deliveries within 14 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.

7. MyStudy Enhanced Classroom Product and Online Study Materials

7.1 If the ACCA Full-time Course you purchase grants you access to BPP's online learning environment, MyStudy, and/or where Online Study Materials accompany the ACCA Full- time Course, then the following terms in this Clause 7 and the terms on www.bpp.com/bpp-university/terms/website-terms shall apply.

7.2 Upon receipt of a confirmation email from BPP you will be notified of when you will have access to MyStudy content and/or Online Study Materials and for the length of time such access will be made available to you, unless MyStudy and/or Online Study Materials is/are removed.

7.3 The receipt of MyStudy content and/or Online Study Materials is personal to you and you may not transfer your rights to access MyStudy content and/or Online Study Materials or provide MyStudy content and/or Online Study Materials to any other person.

7.4 You may incur charges to your internet service provider while you are accessing and / or downloading Course Materials from MyStudy and/or Online Study Materials. Charges may also be payable to third parties for use of the software necessary to access and / or download Course Materials from MyStudy and/or Online Study Materials. You are responsible for paying these charges.

7.5 MyStudy content is a product to be used as an enhancement to BPP's Classroom Courses. There is no fee paid by you to receive access to this product and therefore no refund for this product is available in any circumstances. BPP have no responsibility to provide this content to you, to keep this content up to date or to monitor this content.

7.6 BPP makes no warranties, whether express or implied, in relation to the accuracy of any MyStudy content. MyStudy is provided on an "as is" and "as available" basis. All warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded with regards to MyStudy, to the extent permitted by law, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy and completeness.

7.7 If for any reason the ACCA Full-time Course is cancelled by you then access to the MyStudy content and/or Online Study Materials will be cancelled immediately.

7.8 Please note that it is your responsibility to check that the computer you plan to use to access MyStudy and/or Online Study Materials is compatible with the minimum specification requirement that relates to MyStudy and/or Online Study Materials. You acknowledge and accept that BPP cannot be held responsible for any technical problems you encounter accessing MyStudy and/or Online Study Materials. The minimum specification for each Online Study Material can be viewed at learn.bpp.com/lms/content/pages/support.html#QB1.

7.9 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.

7.10 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.

7.11 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 accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

7.12 BPP will use reasonable endeavours to make MyStudy and/or Online Study Materials 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.

7.13 You also accept and acknowledge that BPP cannot be held responsible for any delay or

disruptions to your access to MyStudy and/or Online Study Materials as a result of such suspension or any of the following:

7.13.1 the operation of the internet and the World Wide Web, including but not limited to viruses;

7.13.2 cyber attack;

7.13.3 any firewall restrictions that have been placed on your network or the computer you are using to access MyStudy and/or Online Study Materials;

7.13.4 failures of telecommunications links and equipment; or

7.13.5 updated browser issues.

8. Additional Terms for the purchase of eBooks

8.1 In order to be able to download an eBook, you must have:

8.1.1 access to an internet connection;

8.1.2 downloaded and have access to Adobe Digital editions;

8.1.3 set up an Adobe ID; and your computer must be running Windows XP and above or Mac OS X and above.

8.2 You can only download the eBook once using the token provided. Once a token has been validated by you a new token will not be issued. eBooks can be used on up to 3 computer machines as long as they are validated with your Adobe ID.

8.3 Your purchase of an eBook only entitles you to print a maximum of 15% of the eBook and multiple copies of the same page will all count towards the maximum allowance. Certain eBook titles which are not available to buy in hard copy may be printed in their entirety and this will be made clear in the eBook description. You are only entitled to print one copy of these eBook titles which are not available to buy in hard copy and in total you will not be permitted to print any more pages than that of the total page count of the eBook. If you intend to print the whole book, this should only be done in one attempt and you should ensure you have enough paper before printing, so as not to run the risk of exceeding the print allowance by having to make several print attempts. In all cases, you are only permitted to print content of e-books for the purposes of your own personal study and for no other purpose.

9. Additional clauses that apply to International Students only

9.1 If you are an International Student, then the following additional terms in this Clause 9 shall also apply to you and to the extent that there is conflict between this Clause 9 and the rest of the Terms, the terms in Clause 9 shall prevail.

9.2 In addition to your obligations set out in Clause 2.1, your Offer is conditional on BPP's International Office verifying your academic qualifications, seeing a copy of your passport and complying with any further obligations that may be imposed by the UK Border Agency (or any successor body) from time to time. A scanned copy of all your academic qualifications and passport and visa / Biometrics Residence Permit should be sent to internationalstudents@bpp.com.

9.3 In addition to your obligations set out in Clause 2, your place on the ACCA Full-time Course is conditional upon you providing evidence, in a form satisfactory to BPP, of your valid leave to enter or remain in the UK and study at BPP. Your valid leave to enter or remain in the UK and study at BPP must be maintained by you for the entire period of your ACCA Full-Time Course.

9.4 It is your responsibility to obtain any necessary visa or other leave to enter or remain in the UK for the duration of your ACCA Full-time Course. BPP cannot be held liable for any failure or delay in you obtaining a visa or other leave. Information on the visa application process is available at www.ukba.homeoffice.gov.uk.

9.5 If you require a Confirmation of Acceptance of Studies (CAS) from BPP in order to apply for your visa, you can request one by contacting the International Admissions team at BPP (internationaladmissions@bpp.com or by telephone: +44 (0) 7430 7065). The study visas team will only issue the CAS once the International Office has received from you and verified:

9.5.1 your qualifications and immigration documents as set out in Clause 9.2 above;

9.5.2 you otherwise meet the requirements as set out by the UK Border Agency and as amended from time to time;

9.5.3 if your ACCA Full-time Course is for up to 9 papers, you pay the full fees in advance;

9.5.4 if your ACCA Full-time Course is for 10 papers or more, that you have paid the first instalment of your Course Fee as set out in Clause 9.7 or 9.8 (as applicable).

9.6 If you have applied for a place on the ACCA Full-time Course via one of BPP's appointed agents and you request a CAS and BPP issues such CAS, you irrevocably consent to BPP sending the CAS to that agent, instead of to you.

9.7 BPP shall decide, in its absolute and unfettered discretion, whether to issue a CAS to you (even if you meet all of the requirements set out in Clause 9.5). BPP's decision shall be final and in the event of a refusal, we shall have no liability to you (save as provided in clause 9.8.

9.8 International Students who require a Tier 4 visa must pay:

9.8.1 if your ACCA Full-time Course is for up to 9 papers, the full sum of the Course Fee (the sum of which shall include the Deposit); and

9.8.2 if your ACCA Full-time Course is for 10 papers or more, £5,000.00 of the Course Fee before BPP will issue a CAS. In relation to Clause 9.7.2, the balance of the Course Fee is payable within the first 6 months of the ACCA Full-time Course start date. Subject to clause 9.11, if BPP does not issue a CAS for any reason, it will refund any sums received from you but shall have no further liability to you.

9.9 You must inform BPP's International Office in writing within 48 hours of receipt of notice of any change to your student visa status or your right to enter, remain or study in the UK, including any refusal of an application for leave to enter or remain.

9.10 If you are refused a Student Visa / Entry Clearance or Extension of Visa then you may request (but we are not obliged (and please note the provisions of clause 9.11 in this regard)) a refund of any sums received by BPP from you (less the Deposit) provided that:

9.10.1 you inform us of this at least 1 day before your ACCA Full-time Course start date;

and

9.10.2 you send a refund request by e-mail to internationaladmissions@bpp.com within 4 weeks of the date upon which you are refused a Study Visa / Entrance Clearance, with a copy of the Embassy / High Commission / UKBA document that confirms the refusal of your visa application or renewal.

9.11 If the official refusal documents indicate that you gave us or any entry clearance officer or the UKBA incorrect, misleading or fraudulent documents or information, or that you did not adequately prepare your visa application, or that you did not give us all relevant facts about your situation before we enrolled you or issued a Confirmation of Acceptance for Studies (CAS), we may refuse a refund.

9.12 As a UK Border Agency licensed sponsor for student visas, BPP will carefully check your personal and educational details before enrolling you. We are required to record and store a copy of your passport, copy of your visa and UK contact details. You must inform BPP's International Office in writing within 48 hours of any change to your UK contact details. We are also required to give information about your enrolment, attendance and progress to the UK Border Agency upon their request.

9.13 If you are a Tier 4 student you must attend at least 80% of all your lessons throughout the duration of the ACCA Full-time Course. If, having commenced your ACCA Full-time Course:

9.13.1 you are regularly absent or miss parts of classes, or your attendance is below the minimum requirement, or you miss 10 consecutive classes; or

9.13.2 You fail any module or part of your ACCA Full-time Course more than the number of times permitted by the MoPPs; or

9.13.3 You are in breach of any other provision of your visa, we may cancel your Registration and your CAS and inform the UK Border Agency of this. If we cancel your registration and your CAS under this clause 9.13, you shall not be entitled to any refund of any sums received by BPP from you.

10. BPP Rules and Regulations

10.1 By accepting the Offer, you acknowledge and agree that:

10.1.1 the Offer of your place on the ACCA Full-time Course is subject to the overriding condition that, prior to the date on which the ACCA Full-time Course commences, you will have provided to BPP's satisfaction, evidence to show you have met the requirements, both academic, language and otherwise (including but not limited obtaining membership of any required regulatory or validating body) as notified to you either in the Offer Email and/or in the Brochure and/or on the Website, for entry onto the ACCA Full-time Course;

10.1.2 you will be required to produce original evidence of your nationality at registration; and

10.1.3 you will abide by all codes, rules and regulations (as amended) of

BPP in existence during the ACCA Full-time Course and these include (but are not limited to):

10.1.3.1 the GARs and the MoPPs, which can be viewed at General Academic Regulations Manual of Policies and Procedures

10.1.3.2 BPP's Student Handbook, which can be viewed at www.bpp.com/carbon-content-1.0-SNAPSHOT/resources/ECMDocument?contentName=college-handbook;

10.1.3.3 BPP's Computer Use Policy, which can be viewed at http://www.bpp.com/carbon-content-1.0-SNAPSHOT/resources/ECMDocument?contentName=college-handbook

10.1.3.4 BPP's Health and Safety Policy, which can be viewed at www.bpp.com/carbon-content-1.0- SNAPSHOT/resources/ECMDocument?contentName=college- handbook; and

10.1.3.5 all codes, rules and regulations of any other relevant organization or institution, if required as part of your course.

11. Warranties

11.1 BPP will use its reasonable endeavours to deliver the ACCA Full-time Course in accordance with the description applied to it in the Brochure for the academic year in which you begin the ACCA Full-time Course. BPP shall be entitled to make any variations to the ACCA Full-time Course (including but not limited to, the content and syllabus of the ACCA Full-time Course, the location, times, dates and days of delivery of the ACCA Full- time Course or the method of delivery of the ACCA Full-time Course).

11.2 BPP expects you to take reasonable care to verify that the ACCA Full-time Course will meet your needs and any specific requirements that you have.

11.3 BPP does not make any representation, guarantee or commitment to you that the Course Materials will be error free.

11.4 BPP does not make any commitment that the Online Study Materials or MyStudy will be compatible with or operate with your software or hardware.

11.5 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.

12. Limitation of liability

12.1 The exclusions and limitations of liability contained in these Terms do not apply to a party's liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

12.2 Except as set out in these Terms, BPP shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

  • indirect or consequential losses;
  • loss of income or revenue;
  • loss of business;
  • loss of anticipated savings; or
  • loss or corruption of data.

12.3 BPP cannot accept responsibility for damage to or loss of property howsoever caused.

12.4 BPP is not responsible to you for any data that you lose either (a) as a result of accessing the Online Study Materials, or (b) as a result of accessing MyStudy. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the Online Study Materials or MyStudy.

12.5 Save as otherwise set out in this section "Limitation of liability", 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, the ACC Full- time Course and any IT technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you or on your behalf.

12.6 BPP will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond BPP's reasonable control. This condition does not affect your statutory rights.

12.7 Each provision in this Clause 12 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.

13. Disclaimer

13.1 ACCA Full-time Courses are for training purposes only. BPP will not accept any responsibility to any party for the use of the tuition provided and/or the contents of the Course 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.

14. Intellectual Property

14.1 At all times, BPP or its licensors remains the owner of the intellectual property in the ACCA Full-time Course, the Course Materials and MyStudy content. Neither the ACCA Full-time Course and/or the Course Materials and/or MyStudy content, nor any part thereof, may be reproduced, stored in a retrieval system or transmitted in any form or any means without the prior written permission of BPP.

14.2 In consideration of receipt by BPP of the Course Fee, BPP grants to you a non-exclusive, non-transferable licence to use the Course Materials and MyStudy content for the sole purpose of studying for the ACCA Full-time Course. For Online Study Materials the licence granted is to use the Online Study Materials on one computer only.

14.3 Save as expressly set out in these Terms, 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 Course Materials or MyStudy content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or MyStudy or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials or MyStudy into any software program. Use of the Course Materials not expressly permitted in these Terms 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.

15. Confidentiality

15.1 Information regarding your attendance and academic performance on the ACCA Full-time Course will be kept confidential within the BPP group of companies, 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 ACCA Full-Time Course, or the UK Border Agency if you are studying on a student visa.

15.2 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.

15.3 If you are sponsored by an employer, 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 employer 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.

16. Data Protection

16.1 BPP will process the information it receives from you or otherwise holds about you in accordance with these Terms and its privacy policy which can be viewed by clicking on the following link www.bpp.com/privacy.You consent to the use by BPP of such information in accordance with these Terms and BPP's privacy policy. BPP will use such information including but not limited to:

  • perform its obligations and enforce its rights under these Terms;
  • · contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
  • inform you of feedback and exam results; and
  • communicate with your employer regarding your progress, results and attendance;
  • BPP may share your information with its agents and service providers for these purposes.

16.2 Unless you contact us to request otherwise, you agree that BPP may share the information you provide with other members of the BPP group of companies, who may contact you by email, telephone or post to inform you about other products or services which may be of interest to you. Some members of the BPP group of companies are located outside the European Economic Area in countries providing a lower standard of data protection.

16.3 You have the right to receive details of the personal information held by BPP. A fee of £10 will be payable. For more information, please refer to BPP's privacy policy.

16.4 In the event that you do not wish to receive marketing correspondence from BPP or any member of the BPP group of companies, a written request or email should be sent to the contact details set out at the end of these Terms.

16.5 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. We may share non-personal, aggregated information with third parties. You agree to BPP using your information in this manner.

17. Additional Terms and Conditions for BPPU Pass Assurance Scheme

17.1 In this Clause 17 the following terms have the following meanings:

"Applicable Course" means the ACCA Full-time Course provided by BPP in preparation for the Exams and CBAs and which offer the BPPU Pass Assurance Scheme;

"Awarding Body" means the Association of Chartered Certified Accountants;

"BPP Study Centre" means any study centre operated by BPP in the United Kingdom; "BPPU Pass Assurance Scheme" means the pass assurance scheme offered by BPP in relation to the Applicable Course pursuant to this Clause 17;

"CBA" means an Exam which is sat as a computer based exam set by the Awarding

Body;

"Course Tests" means the tests set by BPP during and in relation to an Applicable

Course;

"Exam" means any examination paper relating to the Applicable Course and which are set by the relevant Awarding Body and sat at a BPP Study Centre or at an Awarding Body's centre;

"Final Mock Exam" means the final online mock examination set by BPP in relation to the Applicable Course;

"Offer Period" means the period from 1 January 2012 until the BPPU Pass Assurance Scheme is withdrawn by BPP;

"Official Course Completion Date" means in relation to Applicable Course, the date on which official tuition relating to that Applicable Course is completed;

"Qualifying Student" means any student who has purchased and participates in an Applicable Course at any BPP Study Centre within the Offer Period and qualifies for the BPPU Pass Assurance Scheme pursuant to these Additional Terms and Conditions; and " Discounted Course" means any re-sit of the Applicable Course that is sat by a Qualifying Student at a BPP Study Centre due to that Qualifying Student having previously attended an Applicable Course, but having not passed the Exam relevant to that Applicable Course.

17.2 Subject to the provisions of this Clause 17, if you are a Qualifying Student who has purchased the Applicable Course, and you do not pass the Applicable Course on your first attempt, you shall be permitted to book and enrol on one Discounted Course relating to the same Exam(s), at that Discounted Course's next sitting, at a discount of 30% from that Discounted Course's list price (as stated on the Website from time to time).

17.3 In order to be a Qualifying Student under the BPPU Pass Assurance Scheme, you must meet all of the following requirements:

17.3.1 complete the relevant Applicable Course with BPP; and

17.3.2 have paid your Course Fees in full by the date upon which those Course Fees were due to be paid under the General Terms and Condition for the Applicable Course; and

17.3.3 notify BPP customer services at the time of booking your Re-Sit Exam or Re- Sit Course that you wish to use the BPPU Pass Assurance Scheme;

17.3.4 sit your first attempt at the CBA relating to your Applicable Course at a BPP Study Centre; and

17.3.5 have an 100% attendance record on the Applicable Course; and

17.3.6 book and sit your first CBA for your Applicable Course at a BPP Study Centre within three (3) weeks of the Official Course Completion Date; and

17.3.7 have not passed the Exam in relation to your Applicable Course on your first attempt.

17.4 The BPPU Pass Assurance Scheme shall not apply where the requirements of this

Clause 17 have not been met in full.

17.5 The BPPU Pass Assurance Scheme and places on Discounted Courses at BPP Study Centres are subject to availability. Discounted Courses under the BPPU Pass Assurance Scheme must be taken at the same BPP Study Centre that the original Applicable Course was taken. You may be offered an alternate venue if the BPP Study Centre where your original Applicable Course was taken is unavailable on the date requested for a Discounted Course. You may be offered an alternate Discounted Course where your first choice of Re-Sit Course is unavailable on the date requested. If you decline any such an offer, BPP shall be under no obligation to provide any Discounted Course to you under the BPPU Pass Assurance Scheme.

17.6 Only one Discounted Course will be offered to each Qualifying Student in respect of each Applicable Course purchased. If any Qualifying Student does not pass the relevant Exam following a Discounted Course, BPP shall not be obliged to offer that Qualifying Student any further Discounted Course(s). This Clause does not prevent a Qualifying Student from booking and enrolling on any further Applicable Course or Discounted Course at their own cost.

17.7 Where Discounted Courses are provided to Qualifying Students in accordance with the BPPU Pass Assurance Scheme under these Additional Terms and Conditions, the relevant Discounted Course shall not include any Study Materials. You will be responsible for ensuring that you acquire, at your own cost, any additional Study Materials which you require for the relevant Discounted Course.

17.8 BPP shall only be obliged to provide Discounted Courses to Qualifying Students pursuant to these Additional Terms and Conditions. For the avoidance of doubt, unless specifically stated, the BPPU Pass Assurance Scheme does not include any additional tuition or revision courses that do not form part of the Discounted Courses.

17.9 The BPPU Pass Assurance Scheme does not include any other discount or financial benefit to Qualifying Students and excludes any amounts payable to Awarding Bodies or any other professional body for membership.

17.10 BPP may withdraw the BPPU Pass Assurance Scheme at any time in its sole discretion. Any such withdrawal shall not affect students who have purchased and are participating in an Applicable Course at the date of such withdrawal. Such students shall continue to be eligible for the BPPU Pass Assurance Scheme in relation to the Applicable Course which they are undertaking.

17.11 Qualifying Students may not transfer or assign the Discounted Course(s) for which they are eligible under the BPPU Pass Assurance Scheme to any other person.

17.12 In no circumstances shall BPP either: (i) refund your Course Fees nor (ii) provide a cash alternative to the BPPU Pass Assurance Scheme, in the event that any Discounted

Courses are unavailable pursuant to Clause 17.5.

17.13 If you have breached, or, are in breach of any of the these Terms you will not be eligible for the BPPU Pass Assurance Scheme.

18. General

18.1 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 8% 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.

18.2 BPP reserves the right to recover any reasonable debt collection costs in connection with these Terms.

18.3 BPP may update or amend these Terms 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.

18.4 These Terms supersede 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.

18.5 You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.

18.6 BPP may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion.

18.7 No relaxation or delay by BPP in exercising any right or remedy under these Terms shall operate as 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.

18.8 If any provision of this Agreement is held 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 this Agreement, but without invalidating any of the remaining provisions of this Agreement.

18.9 Any notices required to be served by BPP under these Terms 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. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by you. A notice sent by fax or e-mail is deemed to be given on the day it was sent.

18.10 Any notices required to be served on BPP by you will be deemed properly served if sent to address at the beginning of these Terms.

18.11 The agreement between you and BPP will be concluded in English only.

18.12 The agreement between you and BPP which is compromised in these Terms 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.

18.13 These Terms, and any other matters arising out of or in relation to these Terms, 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.

19. Contact Details

Telephone:

+44 (0)20 7430 7065

Email:

For domestic students: accaft@bpp.com

For International Students:

internationaladmissions@bpp.com

Post:

BPP University Aldine House Aldine Place

142-144 Uxbridge Road

London

W12 8AA