June 2014 onwards
Terms and conditions for acceptance of an offer made by BPP University Limited
These Terms apply to the sale of any Programme. Please read these Terms carefully before accepting a place on a Programme and print off a copy for your records. It is your responsibility to keep a copy of these Terms 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 either (i) clicking on the ‘Pay Now’ button on the BPP micro site, or (ii) signing and returning a copy of your acceptance form, you are confirming your agreement to be bound by these Terms.
These Terms apply to BPP University Limited programmes excluding the full-time ACCA programme, BPP University Limited’s summer school programmes and any Chartered Institute of Marketing (CIM) programmes offered by BPP University Limited.
- “Academic Year” means the 12 month period beginning on the start date of your Programme and for subsequent academic years, the anniversary thereof;
- “Additional Charges” means any amounts payable which are not Programme Fees and may include, but are not limited to, payment for the delivery of Programme Materials, any re-sit fees which BPP may charge from time to time, any administration charge for switching location of a Programme which may be payable in addition to an increase in Programme Fees, amounts payable to a 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;
- “BACS” means the BACS payment scheme for the clearance and settlement of automated payments in the UK;
- “BPP” means BPP University Limited, BPP House, Aldine Place, 142-144 Uxbridge Road, London, W12 8AA;
- “Confirmation E-mail” means the e-mail which is sent to you confirming your place on the Programme following compliance by you with Clause 2.1 and Clause 2.2, as applicable;
- “Deposit” means the sum payable by you, if applicable, as detailed on the fees tab of the individual programme page, in order to secure your place on the Programme;
- “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 National and has limited leave to remain in the United Kingdom;
- “GARS” means the General Academic Regulations of BPP as amended from time to time;
- “Offer” means a conditional or unconditional offer by BPP for a place for you to study on the Programme;
- “Offer Email” means the email that is sent to you that sets out the Offer and details of the Programme you have applied for;
- “Online Study Materials” means, but is not limited to, Online Tests, Online Tutorials and Online Downloads;
- “Outbound Delivery Costs” means the postal charge incurred by you for the delivery of any Programme Materials to you;
- “Programme” means the programme of study to be delivered by BPP as set out in the Offer Email;
- “Programme Fees” means the fees payable for the Programme which can be viewed on the fees tab of the individual programme pages and shall include any VAT payable but excludes any Additional Charges;
- “Programme 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;
- “Prospectus” means any online or hard copy document that is produced by BPP to provide detailed information with respect to the Programmes these Terms cover;
- “Registration” means the point at which BPP records your acceptance and undertakings to abide by the regulations, rules and terms of registration with BPP. This will be after Enrolment and payment of any Programme Fees. You must re-register for your Programme at the start of each Academic Year in accordance with the term start dates for your Programme which can be viewed on the individual programme pages.
- “Sponsor” means the third party organisation or individual who has undertaken to pay your Programme Fees;
- “Website” means www.bpp.com and/or any website operated by BPP. ; and
- “Working Days” means any day which is not a Saturday, a Sunday or a bank or public holiday in England.
2. Confirmation Procedure
2.1 Subject to Clause 2.2, in order to confirm your acceptance of the Offer you must, by the date stated in the Offer Email:
2.1.1 either (i) click on the ‘Pay Now’ button on the BPP micro site, or (ii) sign and return an acceptance form, if you have requested a hard copy;
2.1.2 pay in cleared funds to BPP the Deposit (if a Deposit is payable); and
2.1.3 send a copy of your passport to BPP Admissions, BPP University Limited, Aldine House, Aldine Place, 142-144 Uxbridge Road, London, W12 8AA.
2.2 If you are an International Student, in addition to your obligations set out in Clause 2.1, your Offer is conditional on:
2.2.1 A scanned copy of all your academic qualifications, passport and visa/Biometrics Residence Permit, if applicable, being sent to firstname.lastname@example.org; and
2.2.2 BPP’s International Office verifying your academic qualifications and seeing a copy of your passport.
2.3 The Offer lapses if you do not comply with all the obligations set out in Clause 2.1 and 2.2 where applicable, by the date stated in your Offer Email.
2.4 A legally binding agreement shall not come into existence until you have received a Confirmation E-mail.
2.5 Notwithstanding Clause 2.4, your place on the Programme is subject to you satisfying the condition set out in Clause 8.1.1.
2.6 BPP reserves the right to withdraw at any time Programmes advertised for sale on the Website and/or in the Prospectus.
3. Deposit Payment Terms (if applicable)
3.1 If a Deposit is payable, the Deposit can be paid using a credit or debit card online, by the methods set out in your Offer Email, or over the telephone by contacting Admissions on +44 (0)330 060 3100.
3.2 Subject to clause 2.3, 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 cleared funds from the date when you either (i) click ‘Pay Now’ on the BPP micro site or, (ii) sign and return a copy of your acceptance form.
3.3 The Deposit is non-refundable in all circumstances except if you cancel your purchase of a Programme in accordance with Clause 5.1.
3.4 The Deposit will be offset against the Programme Fees payable for the Programme you have applied for provided you take up your place on the Programme. If you are permitted to defer the start date of your Programme or transfer to a different BPP programme in accordance with clause 6, your Deposit can only be carried over once, for up to one year and at this point, your Deposit is then immediately non-refundable.
4. Programme Fees Payment Terms
4.1 For each Academic Year, the Programme Fees for the Programme can be viewed on the fees tab on the individual programme pages or in the Prospectus. Programme Fees are quoted in pounds sterling and are inclusive of VAT but exclusive of Additional Charges.
4.2 By accepting your Offer and complying with the obligations set out in Clause 2.1 and 2.2 (if applicable), for each Academic Year, you agree to pay the Programme Fees by the due date as set out in the fees tab on the individual programme pages for the duration of the Programme.
4.3 The provision of the Programme is contingent upon BPP having received cleared funds from you or your Sponsor (if you are a sponsored student) in respect of the Programme Fees for the Programme. Without prejudice to BPP’s rights and remedies under these Terms and the GARs, if any sum payable in respect of the Programme Fees is not paid in cleared funds on or before the due date (being the date set out on the Website which can be viewed on the fees tab on the individual programme pages for your Programme 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 Programme. For payments by cheque, cleared funds means 5 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.
4.5 BPP reserves the right from time to time (and specifically each Academic Year) to change the amount of the Programme Fees. In the unlikely event that due to a technical error, the amount of the Programme Fees displayed on the Website or in the Prospectus is incorrect, BPP will notify you as soon as it reasonably can. If the correct amount of the Programme Fees is higher than displayed on the Website and/or in the Prospectus then you will be given the opportunity to cancel your place and receive a full refund at the time you are notified of the higher Programme Fees. If the Programme Fees are lower than displayed on the Website and/or in the Prospectus then you will be refunded the difference between the lower Programme Fees and the amount which you have paid. Any refund will be made in accordance with clause 5.5.
4.6 If you are a sponsored student and your Sponsor fails to pay the Programme Fees, you will be liable to pay the Programme Fees.
4.7 The Programme Fee excludes any Additional Charges which shall be payable by you on and when they are due. Where, in addition to Programme Fees, BPP is required to collect applicable examination fees on behalf of a relevant professional body, these will be paid by BPP on your behalf to that professional body.
4.8 If you are a student on a two year accelerated degree Programme, the Programme Fees are based upon you completing your studies within two Academic Years of your Programme start date. If you delay, defer or fail any of your assessments and BPP decides in its absolute discretion that you cannot continue to progress on an accelerated basis, you will be given the option to cancel your place on the Programme or transfer to the equivalent non-accelerated Programme. BPP’s regulations relating to Programme progression are set out in the GARS and clause 6 will apply. If you decide to transfer to the equivalent non-accelerated Programme additional Programme Fees will be payable and you will be informed of any additional fees you are required to pay.
5. Cancellation Rights
5.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel your purchase of a Programme within a period of 14 calendar days (“Cancellation Period”) from the date of your Confirmation E-mail subject to paragraphs 5.6 and 5.7.
5.2 You must inform BPP of your decision to cancel by using one of the following methods within the Cancellation Period:
5.2.1 Calling BPP University on 03300 603100 for domestic admissions and +44 (0)20 7430 7065 for international admissions and providing the information set out in the form at the end of these Terms so that BPP can quickly identify you and the programme place which you wish to cancel;
5.2.2 Emailing email@example.com; or
5.2.3 Sending BPP a completed cancellation form, a template of which is attached to these Terms.
5.3 If you cancel your purchase within the Cancellation Period you will be liable to return any goods 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 have agreed in writing otherwise and BPP reserves the right to withhold payment of part or all of your Programme Fees until all goods have been returned.
5.4 On valid cancellation in accordance with these Terms, you will be entitled to a full refund of the Programme Fees and any Outbound Delivery Cost of Programme material subject to the following limitations:
5.4.1 In relation to Outbound Delivery Costs of Programme Materials, the refund amount will be capped at the cost of a standard postal method fee; and
5.4.2 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.
5.5 Refunds will be made using the same method of payment as you used for the purchase and will be paid within 14 days of you informing BPP of the cancellation. The period for refund will increase to 30 days if BPP is unable to credit a UK bank account. 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 Programme Fees will be credited to your employer’s bank account within 14 days of cancellation (provided a UK bank account can be credited).
5.6 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.
5.7 If the contract is for the supply of Programme Materials which are in a digital content, 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.
5.9 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.
6. BPP’s Refund, Deferral and Transfer Policy
6.1 In addition to your rights under Clause 5, BPP also offers the following refund, deferral and transfer policy on its Programmes (where there is no legal right to a refund under the Consumer Contracts Regulations or otherwise).
6.2 The following refund, deferral and transfer policy is applicable to all Programmes up to the date that is 4 weeks prior to Registration in each Academic Year of your Programme. You must register for your Programme at the start of each Academic Year in accordance with the term start dates for your Programme which can be viewed on the individual programme pages.
6.2.1 You may cancel your place on a Programme at any time up to the date that is 4 weeks prior to Registration for the relevant Academic Year. You will receive a full refund of any Programme Fees which you have paid for that Academic Year in accordance with Clause 5.5, less your Deposit (if applicable) which is non-refundable subject to Clause 5.1. You will not be liable to pay the outstanding Programme Fees for that Academic Year or subsequent Academic Years;
6.2.2 You may defer the start date of your Programme at any time up to the date that is 4 weeks prior to Registration in your first Academic Year, or transfer to a different BPP Programme at any time up to the date that is 4 weeks prior to Registration for the relevant Academic Year, subject to availability on your chosen new programme (“New Programme”), meeting the requirements of your New Programme in accordance with these Terms, and upon payment by you of any difference in the Programme Fees payable for the two Programmes. You may only defer or transfer your Programme once and your New Programme start date must be within one year of the date of your request to defer or transfer. Your Deposit (if applicable) and any Programme Fees which you have paid in relation to your original Programme for that Academic Year will be transferred to your New Programme. You will not be liable to pay the outstanding Programme Fees for your original Programme for that Academic Year or subsequent Academic Years but upon conclusion of a new contract between you and BPP in relation to your New Programme you will be liable to pay the Programme Fees in relation to your New Programme which may be higher. Deferrals are not permitted after Registration in your first Academic Year;
6.3 The following refund and transfer policy is applicable to all Programmes after the date that is 4 weeks prior to Registration for the relevant Academic Year of your Programme but before the date which is 10 weeks following Registration in that Academic Year:
6.3.1 You may cancel your place on a Programme at any time after the date that is 4 weeks prior to Registration for the relevant Academic Year but before the date which is 10 weeks following Registration in that Academic Year. You will be liable to pay 50% of the Programme Fees (60% of the Programme Fees for International Students) for that Academic Year (including your Deposit, if applicable, if this is the first Academic Year of your Programme). Any Programme Fees which you have paid in excess of 50% of the Programme Fees (60% of the Programme Fees for International Students) for that Academic Year will be refunded to you in accordance with Clause 5.5. You will not be liable to pay the remaining 50% of the Programme Fees (40% of the Programme Fees for International Students) for that Academic Year or the Programme Fees for subsequent Academic Years;
6.3.2 You may transfer to a different BPP Programme at an appropriate point after the date that is 4 weeks prior to Registration for the relevant Academic Year but before the date which is 10 weeks following Registration in that Academic Year. Transfers are subject to availability on your chosen New Programme, meeting the requirements of your New Programme in accordance with these Terms, and upon payment by you of any difference in the Programme Fees payable for the two Programmes taking into account any additional modules you may need to complete in order to transfer to the New Programme. You must have paid your Programme Fees for the relevant Academic Year by their due date prior to being permitted to transfer. You may only transfer your Programme once and your New Programme start date must be within one year of the date of your request to transfer. You will remain liable to pay 50% of the Programme Fees (60% of the Programme Fees for International Students) for your original Programme for the relevant Academic Year. Your Deposit (if applicable and if this is the first Academic Year of your Programme) and any Programme Fees which you have paid or subsequently pay in relation to your original Programme for that Academic Year will be transferred to your New Programme. No refund of Programme Fees paid in relation to your original Programme will be available.
6.4 The following refund and transfer policy is applicable to all Programmes after the date which is 10 weeks after Registration in each Academic Year:
6.4.1 You may cancel your place on a Programme at any time after the date which is 10 weeks after Registration in the relevant Academic Year. You will be liable to pay 100% of the outstanding Programme Fees for that Academic Year (including your Deposit, if applicable, if this is the first Academic Year of your Programme). You will not be liable to pay the Programme Fees for subsequent Academic Years;
6.4.2 Provided that you have paid your Programme Fees for the relevant Academic Year by their due date, you may transfer to a different BPP Programme, at an appropriate time after the date which is 10 weeks after Registration in the relevant Academic Year. Transfers are subject to availability on your chosen New Programme, meeting the requirements of your New Programme in accordance with these Terms, and upon payment by you of any difference in the Programme Fees payable for the two Programmes taking into account any additional modules you may need to complete in order to transfer to the New Programme. You may only transfer your Programme once and your New Programme start date must be within one year of the date of your request to transfer. You will remain liable to pay 100% of the Programme Fees for your original Programme for the relevant Academic Year. Your Deposit (if applicable and if this is the first Academic Year of your Programme) and any Programme Fees which you have paid or subsequently pay in relation to your original Programme for that Academic Year will be transferred to your New Programme. No refund of Programme Fees paid in relation to your original Programme will be available.
6.4.3 All Programme Fees paid in respect of completed Academic Years are non-refundable in any circumstances. You will remain liable to pay 100% of any unpaid Programme Fees for completed Academic Years, regardless of whether you are permitted to cancel, defer or transfer a Programme in a subsequent Academic Year.
6.5 BPP reserves the right to cancel a Programme at any time up to ten Working Days prior to the commencement of such a Programme. If BPP decides not to provide the Programme or makes any significant variation to the Programme prior to the Programme commencing, 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 within 14 days of being notified of such cancellation or variation. In these circumstances you will be entitled to a refund of any part of the Programme Fees which you have paid to BPP including any Deposit paid (if applicable) in accordance with Clause 5.5.
6.6 You may cancel your place on the Programme pursuant to clause 6 by using one of the methods outlined in clause 5.2:
6.6.1 Calling BPP University on 03300 603100 for domestic admissions and +44 (0)20 7430 7065 for international admissions;
6.6.2 Emailing firstname.lastname@example.org; or
6.6.3 Sending BPP a completed cancellation form a template of which is attached to these Terms.
6.7 In order to defer your place on the Programme you must notify BPP in writing pursuant to Clause 5 and 6 by post or email using the following contact details:
- Telephone: +44 (0)20 8740 2222
- Fax: +44 (0)20 8746 4160
- Email: email@example.com (or firstname.lastname@example.org for International Students)
- Post: BPP University Limited, Sixth Floor, Boulton House, Chorlton Street, Manchester M1 3HY (for domestic students) and BPP University Limited, BPP House, Aldine Place, 142-144 Uxbridge Road, London, W12 8AA (for international students)
6.8 Except as set out in Clauses 5 and 6, no cancellations and no deferrals will be permitted for a Programme.
6.9 Your acceptance of a place to study on the Programme is personal to you and you will not be permitted to transfer your place on a Programme or Programme Fees to any other person.
6.10 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 and 6 and to charge additional fee in any such event.
7. Additional clauses that apply to International Students only
7.1 If you are an International Student, then the following additional terms in this Clause 7 shall also apply to you and to the extent that there is conflict between this Clause 7 and Clause 2.2, and the rest of the Terms, the terms in Clause 7 and in 2.2 shall prevail.
7.2 It is your responsibility to obtain any necessary visa or other leave to enter or remain in the UK. 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.gov.uk/visas-immigration.
7.3 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 (email@example.com or by telephone: +44 (0)20 7430 7065). The international admissions team will only issue the CAS once the International Office has received from you and verified:
7.3.1 your qualifications and immigration documents as set out in clause 2.2 above;
7.3.2 that you otherwise meet the requirements as set out by the UK Visas Immigration (“UKVI”) and as amended from time to time; and
7.3.3 that you have paid the first instalment of your Programme Fees and the Deposit (if applicable) as set out in clause 7.5
7.4 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 7.3). 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 7.5).
7.5 In addition to the Deposit (if applicable), International Students who require a Tier 4 visa must pay an amount equal to 60% of the Programme Fees before BPP will issue a CAS. The balance of the Programme Fees is payable within the first 3 months of the Programme start date. Subject to clause 7.7, if BPP does not issue a CAS, it will refund any sums received from you (less the Deposit, if applicable) but shall have no further liability to you.
7.6 You must inform BPP’s International Office in writing within 48 hours of receipt of notice of any change to your immigration status or your right to enter, remain or study in the UK, including any refusal of an application for leave to enter or remain.
7.7 If you are refused a Student Visa/Entry Clearance or Extension of Visa then you may request (but we are not obliged to provide) a refund of any sums received by BPP from you (less the Deposit, if applicable) provided that:
7.7.1 You inform us of this at least 1 Working Day before your Programme start date.
7.7.2 You send a refund request by e-mail to firstname.lastname@example.org within 4 weeks of the date upon which you are refused a Study Visa/Entrance Clearance, with a copy of the Embassy/High Commission/ UKVI document that confirms the refusal of your visa application or renewal.
7.8 If the official Student Visa refusal documents indicate that you gave us or any entry clearance officer or the UKVI 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.
7.9 As a UKVI 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 UKVI upon their request by agreeing to these Terms, you consent to BPP providing such information.
7.10 You confirm and acknowledge that it is your responsibility to ensure you have valid leave to enter and remain in the UK for the entire duration of your Programme. In the event that you fail to maintain this, BPP may terminate its agreement with you immediately and you will not be entitled to a refund.
7.11 If you are a Tier 4 student you must attend at least 80% of all your classes throughout the duration of the Programme. If you are regularly absent or miss parts of classes, or your attendance is below the minimum requirement, or you miss 10 consecutive scheduled contact days (determined at BPP’s sole discretion), we may cancel your Registration and your CAS and inform the UKVI of this.
7.12 If you are a Tier 4 student on a two year accelerated degree Programme, and you decide to transfer to the equivalent non-accelerated Programme you may be required by the UKVI to extend your visa before your current visa expires. It is your responsibility to ensure that you extend your leave to enter or remain in the UK and study at BPP.
8. BPP Rules and Regulations
8.1 By accepting the Offer, you acknowledge and agree that:
8.1.1 the Offer of your place on the Programme is subject to the overriding condition that, prior to the date on which the Programme 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 to obtaining membership of any required regulatory or validating body) as notified to you either in the Offer Email and/ or in the Prospectus and/or on the Website, for entry onto the Programme;
8.1.2 you will produce original evidence of your nationality at Registration; and
8.1.3 you will abide by all codes, rules and regulations (as amended) of BPP in existence during the Programme and these include (but are not limited to):
126.96.36.199 BPP’s University Handbook,
188.8.131.52 BPP’s Computer Use Policy;
184.108.40.206 BPP’s Health and Safety Policy; and
220.127.116.11 all codes, rules and regulations of any other relevant organisation, institution or external regulator, if required as part of your Programme.
9.1 BPP will use its reasonable endeavours to deliver the Programme in accordance with the description applied to it in the Prospectus and/or Website for the Academic Year in which you begin the Programme. BPP shall be entitled to make any variations to the Programme (including but not limited to, the content and syllabus of the Programme, the location, times, dates and days of delivery of the Programme or the method of delivery of the Programme).
9.2 BPP expects you to take reasonable care to verify that the Programme will meet your needs and any specific requirements that you have.
9.3 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.
10. Limitation of liability
10.1 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.
10.2 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:
10.1.1 indirect or consequential losses;
10.1.2 loss of income or revenue;
10.1.3 loss of business;
10.1.4 loss of anticipated savings; or
10.1.5 loss or corruption of data.
10.3 BPP cannot accept responsibility for damage to or loss of property howsoever caused.
10.4 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 Programme and any IT technical support shall be limited to the amount of the Programme Fees which have been paid, or are payable, by you or on your behalf.
10.5 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.
10.6 Each provision in this Clause 10 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.
11.1 BPP will not accept any responsibility to any party for the use by you of the tuition materials provided for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
12. Intellectual Property
12.1 At all times, BPP or its licensors remains the owner of the intellectual property in the Programme and in any Programme Materials that may be provided to you in the course of the delivery of the Programme (including but not limited to any content provided electronically). Neither the Programme nor any Programme Materials, nor any part of them, may be reproduced, stored in a retrieval system or transmitted in any form or any means without the prior written permission of BPP.
12.2 In consideration of receipt by BPP of the Programme Fees, BPP grants to you a non-exclusive, non-transferable licence to use the Programme Materials for the sole purpose of studying for the Programme.
12.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any of the Programme Materials. Use of the Programme 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.
12.4 All intellectual property rights created by you during your Programme of study with BPP and relating to your studies (including but not limited to exam scripts, assessments and projects completed by you) will be the property of BPP from creation and you hereby assign any present and future right, title and interest in and to such intellectual property rights to BPP. At the request and expense of BPP, you will execute promptly all such documents and do promptly all such things as BPP may deem necessary or desirable to perfect BPP’s title to such intellectual property rights.
13.1 Information regarding your attendance and academic performance on the Programme 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 Programme, or to the UKVI if you are studying on a student visa, or to Student Finance England if you are in receipt of student finance.
13.2 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.
13.3 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.
14. Data Protection
1.1.2 perform its obligations and enforce its rights under these Terms;
1.1.3 inform you of feedback and examination results;
1.1.4 communicate with your Sponsor regarding your progress, results and attendance;
1.1.5 contact you by email, telephone or post to inform you about other products or services which may be of interest to you; and
1.1.6 BPP may share your information with its agents and service providers for these purposes.
14.2 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 and some sub-contractors of the BPP group are located outside the European Economic Area in countries providing a lower standard of data protection.
14.4 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 in Clause 16.
14.5 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.
15.1 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.
15.2 BPP reserves the right to recover any reasonable debt collection costs in connection with these Terms.
15.3 Please note that it is your responsibility to check that the computer you plan to use to access the Online Study Materials is compatible with the minimum specification requirement. The minimum specification for each Online Study Material can be viewed at http://www.bpp.com/terms/l/technical-requirements.
15.4 BPP will seek to resolve any complaints informally in the first instance. BPP’s Student Complaints Procedure can be found here. Appeals against admissions decisions are dealt with by the Admissions and Academic Appeals Regulations which can be found here.
15.5 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.
15.6 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.
15.7 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.
15.8 BPP may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion.
15.9 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.
15.10 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.
15.11 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.
15.12 Any notices required to be served on BPP by you will be deemed properly served if sent to BPP University Limited, Aldine House, Aldine Place, 142-144 Uxbridge Road, London W12 8AA or email@example.com.
15.13 A notice delivered personally is deemed to be given on the day on which it was left at the specified address in clause 15.12. 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.
15.14 The agreement between you and BPP will be conducted and concluded in English only.
15.15 The agreement between you and BPP which is contained 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.
15.16 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.
15.17. 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 if applicable, when you are delivered Programme 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.
15.18. BPP must be notified of any queries, complaints or short or incorrect deliveries within 14 days of you receiving the Programme 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.