Online Course Terms and Conditions
BPP will not file or otherwise keep a copy of the agreement concluded between you and BPP and a copy of the concluded agreement will not be available from BPP at a future time and date. By ordering an Online Course, you are confirming your agreement to be bound by these terms and conditions. In addition to these General Terms and Conditions, Additional Terms and Conditions apply to all Online Courses which offer the BPP Pass Assurance Scheme.
- The Additional Terms and Conditions
- The General Terms and Conditions
Where Study Materials accompany the Online Course these will be supplied by BPP LM and Clauses 3.8, 3.9, 4.9, 4.10, 4.11 and the whole of Clause 5 will apply. All other Course Materials will be supplied by BPP PE and/or BPP LM.
www.bpp.com is operated by BPP Professional Education Limited whose registered office is, BPP House, Aldine Place, 142-144 Uxbridge Road, London W12 8AA, registered in England and Wales under company number 04546335, VAT registration number GB 466 45 16 29, BPP PE Customer Services telephone number 0845 075 1100 (London bookings) or 0845 226 2422 (regional centre bookings).
- “Asynchronous Online Course” means an online course which does not have a predetermined start date and is available for study by you immediately following delivery by BPP;
- “BPP” means BPP PE and/or BPP LM 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
- “BPP Pass Assurance Scheme” means the pass assurance scheme offered by BPP for certain Classroom Courses and Online Courses. If the scheme applies to a particular Classroom Course or Online Course details will be given on the relevant course page on the Website
- "BPP PE" means BPP Professional Education Limited
- “Brochure” means any online or hard copy document produced by BPP that provides detailed information with respect to the Online Courses which these Terms cover
- “Course Fee” means the fee payable for the Online Course 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 BPP PE and/or BPP LM in the course of the delivery of the Online Course, which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website; or (iii) the Study Materials (or a combination of (i) and (ii) and (iii))
- “Online Course” means either an Asynchronous Online Course or a Synchronous Online Course and/or the Course Materials provided by BPP;
- “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
- “Synchronous Online Course” means an online course which is only available for access by you on a predetermined start date
- “Website” means www.bpp.com
- “you” means the individual purchasing the Online Course.
2. Ordering procedure
2.1 Ordering via the Website
- 2.1.1 In order to purchase an Online Course via the Website you must register for an online BPP account via the Website. If you already have an online BPP account, you can log onto your account using the user name and password that you were provided with when you registered.
- 2.1.2 When purchasing an Online Course via the Website, you can change your order at any time up to the point at which you click the “Complete Checkout” button by using the “Edit” option to amend the details submitted and/or by using the “Remove” option to remove an item from your basket.
2.2 Ordering via postal application, fax, email or telephone
- 2.2.1 You do not need to be registered for an online BPP account in order to purchase an Online Course via postal application, email, fax or by telephone.
2.3 When you place an order for an Online Course (either via the Website, by postal application, by email or by telephoning BPP Customer Services) you are offering to purchase that Online Course on these Terms. BPP reserves the right to decline or cancel your order, or any part of your order.
2.4 Following receipt by BPP of your order for an Online Course via the Website, postal application, email, fax or by telephone you will receive an automated email confirming that your order has been received by BPP. Your order will be subject to acceptance by BPP of your offer to purchase in accordance with Clause 2.5 below.
2.5 A legally binding agreement shall not come into existence until BPP has (i) accepted your offer to purchase an Online Course by either sending you a separate order acceptance confirmation email or written order acceptance confirmation by post, which will be effective upon sending or posting to you at the email or postal address you have provided and (ii) receiving payment for the Online Course in cleared funds from yourself or invoicing your employer in accordance with Clause 3.6.1 below. For payments by cheque, cleared funds means 5 days after receipt of the cheque by BPP.
2.6 Where your order consists of multiple Online Courses, each individual Online Course will be treated by BPP as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by BPP of your offer to purchase any other Online Courses which make up your order.
2.7 BPP reserves the right to withdraw at any time Online Courses advertised for sale on the Website and/or the Brochure.
3. Payment Terms
3.1 The Course Fee for any Online Course at any given time will be displayed on the Website and the Brochure and/or will be notified to you by a BPP Customer Services representative. Course Fees are quoted in pounds sterling, inclusive of VAT but exclusive of 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.
3.2 If you purchase an Online Course on the Website:
- 3.2.1 the Course Fee including VAT and any delivery charges payable in relation to delivery of Course Materials, if applicable, will be shown prior to completion of the online transaction;
- 3.2.2 BPP will debit the Course Fee from your credit card or debit card on or after the day you make an order for an Online Course. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. At the time of collection of these details you will be asked if you would like to register these card details with us to facilitate future orders. If you have agreed to your card details being stored, they will be stored securely by BPP and/or our third party payment service providers and, unless you tell us otherwise, we will use these card details for payments in connection with this and any future order you may place with BPP. Your order will be confirmed only upon receipt of the Course Fee in cleared funds by BPP and will be subject to acceptance of your offer to purchase by BPP in accordance with Clause 2.5.
3.3 If you are ordering the Online Course by telephone, email, fax or post:
- 3.3.1 the Course Fee is either set out in the Brochure and/or on the Website, and/or will be notified to you by a BPP Customer Services representative. Delivery charges payable in relation to delivery of Course Materials, if applicable, are order specific and may vary, the correct delivery charges for your particular order can be confirmed by contacting a BPP Customer Services representative;
- 3.3.2 if you are paying for the Course Fee on your own account, payment is due from you immediately by either credit or debit card or cheque. Your order will be subject to acceptance by BPP of your offer to purchase in accordance with Clause 2.5; and
- 3.3.3 if you choose to pay by selecting the “invoice your company” option (not available for orders placed by telephone) and your employer has an account with BPP Credit Control, BPP will review your order and invoice your employer directly in accordance with Clause 3.6. Your order will be subject to (i) receipt by BPP of your signed order form in accordance with Clause 3.6.1 and (ii) acceptance by BPP of your offer to purchase in accordance with Clause 2.5.
3.4 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, or the Course Fee has been changed on the Website but the Brochure is out of date, BPP will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in the Brochure then BPP will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Classroom Course at the increased Course Fee. If you decide you want to cancel your order BPP will give you a full refund in respect of any amount you have already paid in accordance with Clause 4. If the correct Course Fee is lower, BPP will refund you the difference only between the amount which you have paid and the correct Course Fee payable.
3.5 The provision of the Online Course is contingent upon BPP having received cleared funds from you or your employer (if you select to invoice your employer) in respect of the Course Fee for the relevant Online Course. Without prejudice to BPP’s rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Online Course is booked if you are responsible for paying the Course Fee or within 30 days from the date of the invoice if your employer is responsible for paying the Course Fee save that payment will be due immediately if booking is made less than 30 days before the Online Course start date), BPP reserves the right, forthwith and at BPP’s sole discretion, to suspend the provision to you of the relevant Online Course.
3.6 Where you choose to invoice your employer for the payment of the Course Fee, the following additional terms shall apply:
- 3.6.1 Upon receiving your order form signed by the training manager or other individual designated by your employer, BPP will send an invoice to your employer within 3-5 working days;
- 3.6.2 Full payment in cleared funds of the Course Fee is due from your employer within 30 days from the date of the invoice;
- 3.6.3 Payment is due immediately if booking is made less than 30 days before the Online Course start date;
- 3.6.4 You and your employer are joint and severally liable for all unpaid invoices; and
- 3.6.5 You authorise BPP to release to your employer 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.
3.7 Save where specified in the description of the Online Course on the Website and/or in the Brochure, 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.
3.8 Where Study Materials accompany the Online Course, and they are supplied by BPP LM, BPP PE acts as agent for BPP LM in collecting payments for any Study Materials supplied.
3.9 No Study Materials will be dispatched to you by BPP LM or be made available for collection unless BPP PE has received full payment in cleared funds from you or your employer (including payment of delivery charges where applicable) in respect of the related Course Fee.
4. Cancellation and Deferral Terms
4.1 Subject to Clause 4.6, under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”) you may cancel your purchase of an Online Course within a period of 7 working days beginning on the day after the day on which the contract is concluded with you as notified by email or postal confirmation from BPP 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.
4.2 In addition to your rights under the Distance Selling Regulations, subject to Clauses 4.6 and 4.10, BPP also offers the following refund and deferral policy on its Synchronous Online Courses only (where there is no legal right to a refund under the Distance Selling Regulations or otherwise).
- 4.2.1 You may cancel your order up to 14 days prior to the relevant Synchronous Online Course start date. You will receive a full refund of your Course Fees less a £80 charge to cover administration costs plus VAT where applicable;
- 4.2.2 You may defer the start date of your Synchronous Online Course at any time up to 14 days prior to the relevant Synchronous Online Course start date, subject to availability on your chosen deferred Synchronous Online Course and upon payment by you of any difference in the Course Fees payable for the two courses and a £50 charge to cover administration costs plus VAT where applicable. You may only defer your Synchronous Online Course start date once. You will receive a credit note from BPP within 30 days of receipt by BPP of written notice of your intention to defer, provided that you have complied with the relevant time periods set out in this section. You must retain this credit note and use the unique reference number printed on the credit note at the time of rebooking your deferred Synchronous Online Course. Credit notes can only be used once and must be used within one year of the date of issue by BPP, after which time the credit note will expire and will not be accepted. Credit notes are personal to you and you will not be permitted to transfer your credit note to any other student; 4.2.3 You will not be entitled to a refund or permitted to defer the start date of your Synchronous Online Course at any time from the period commencing 14 days prior to the start date of your Online Course onwards.
4.3 For all Online Courses, BPP may cancel at any time up to 14 days prior to the commencement of such Online Course. If BPP cancel an Online Course, Clause 4.4 below will apply.
4.4 If you or BPP cancel an Online Course then subject to Clauses 4.1, 4.2 and 4.3, if you have chosen to pay the Course Fee, BPP will credit the Course Fee (less the relevant delivery charges as set out Clause 4.5 below) 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 (less the relevant delivery charges as set out Clause 4.5 below) will be credited to your employer’s BPP account within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation. For monetary returns a request in writing to BPP Credit Control at email@example.com is required. Monetary returns will not be made where there is an outstanding debit balance on the account. Monetary returns to your employer will be made by the same method of payment by which the Course Fee was paid.
4.5 If you cancel an Online Course within a period of 7 working days in accordance with Clause 4.1, 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 an Online 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.
4.6 You may cancel or defer your order pursuant to Clause 4.1, 4.2 and Clause 4.3, by post, email or fax 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 18.10.
4.7 Please note that you cannot cancel your purchase of an Online Course if you have downloaded any of the Course Materials and/or accessed all or part of the Online Course in any way. Your statutory rights in the event of receiving faulty goods are not affected.
4.8 Except as set out in Clauses 4.1 and 4.2, no cancellations and no deferrals will be permitted by you for an Online Course.
4.9 BPP reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4.1, Clause 4.2 and Clause 4.8 and to charge additional fees in any such event.
4.10 Subject to Clause 4.11, if Study Materials accompany your Online Course and these have been dispatched to you prior to you cancelling your place on the Online 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 resaleable 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.
4.11 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 4.9 above or if Study Materials are not returned in a re-saleable condition. Please note that Study Materials which cannot be returned:
- 4.11.1 with respect to Online Study Materials, if you have either downloaded or accessed the Online Study Materials;
- 4.11.2 with respect to audio, video or software products if you have removed them from the sealed package in which they were delivered; and
- 4.11.3 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. Study Materials
5.1 Where Study Materials accompany the Online Course and they are supplied by BPP LM, subject to Clauses 3.9 and 5.2 BPP LM will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give BPP LM at the time you make your order.
5.2 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 here or will be notified to you by a BPP Customer Services representative if you are ordering over the telephone or by email. BPP LM will endeavour to dispatch the Study materials to you following acceptance of your order and delivery instructions in accordance with Clause 2.5.
5.3 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.
5.4 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.
5.5 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.
5.6 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.
6. Online Course contents and Access terms
6.1 Please see the description of the Online Course on the Website and/or in the Brochure for details of the contents of the available Online Courses.
6.2 Except as set out in the description of the Online Course on the Website and/or in the Brochure, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by BPP.
6.3 Upon receipt of a confirmation email from BPP you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.
6.4 The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.
6.5 You may incur charges to your internet service provider while you are accessing and / or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and / or download the Course Materials. You are responsible for paying these charges.
6.6 You acknowledge that BPP operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at BPP’s staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. BPP may at its reasonable discretion and without liability or an obligation to refund Course Fees, refuse to supply any Online Course to any student.
7. My Study Enhanced Classroom Product
7.1 If the Online Course you purchase grants you access to BPP’s online learning environment, My Study, then the following terms in this Clause 7 shall apply.
7.2 Clauses 6.3 to 6.7 above will also apply in relation to your access to MyStudy.
7.3 MyStudy content is a product to be used as an enhancement to BPP’s Online 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.
7.4 BPP make 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.
7.5 If for any reason, the Online Course is cancelled by you then access to the MyStudy content will be cancelled immediately.
8. System Requirements
Please note that it is your responsibility to check that the computer you plan to use to access your Course Materials and the Online Course (and MyStudy, where applicable) is compatible with the minimum specification requirement that relates to the Online Course you are ordering. View the minimum specification for each course. You acknowledge and accept that BPP cannot be held responsible for any technical problems you encounter following the purchase of an Online Course.
9. Modifications to content of existing courses or technology enhancements
From time to time, BPP may make modifications, enhancements or issue clarifications (for example, to clarify ambiguous regulatory drafting) to the audiovisual, interactive or written Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
10 Annual (or other term) Updates
10.1 Certain Online Courses will periodically be superseded by new legislation or the issue of new regulations. Following the enactment of new legislation or the issue of new regulations, BPP may produce Online Courses covering the new material. If new legislation or regulations supersedes existing Online Courses, these may be available for purchase as new Online Courses.
10.2 For the avoidance of doubt, purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
11. Technical Support and Access
11.1 BPP will provide technical and content support to individuals who have purchased an Online Course in respect of the Online Course purchased (and MyStudy, where applicable), in accordance with the provisions referred to below.
11.2 If you report a fault to BPP, BPP will use reasonable endeavours to provide a solution but BPP does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from BPP then BPP will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
11.3 BPP is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website but BPP may elect to offer technical support and the extent of any such technical support is entirely at the discretion of BPP.
11.4 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
11.5 BPP will use reasonable endeavours to make the Online Course (and MyStudy, where applicable) available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. BPP reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
11.6 You also accept and acknowledge that BPP cannot be held responsible for any delay or disruptions to your access to the Online Course (and MyStudy, where applicable) as a result of such suspension or any of the following:
- 11.6.1 the operation of the internet and the World Wide Web, including but not limited to viruses;
- 11.6.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course (or MyStudy, where applicable);
- 11.6.3 failures of telecommunications links and equipment; or
- 11.6.4 updated browser issues.
12. Additional Terms for the purchase of eBooks
12.1 In order to be able to download an eBook, you must have:
- 12.1.1 access to an Internet connection;
- 12.1.2 downloaded and have access to Adobe Digital editions;
- 12.1.3 set up an Adobe ID;
- and your computer must be running Windows XP and above or Mac OS X and above.
12.2 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.
12.3 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.
13.1 BPP will provide the Course Materials in accordance with the Online Course description which is set out on the Website (please see clause 6.1).
13.2 BPP expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. BPP does not make any commitment to you that you will obtain any particular result from your use of the Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website).
13.3 BPP does not make any representation, guarantee or commitment to you that the Course Materials will be error free.
13.4 BPP does not make any commitment that the Online Study Materials (and MyStudy, where applicable) will be compatible with or operate with your software or hardware.
13.5 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
14. Limitation of liability
14.1 The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
14.2 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:
- 14.2.1 indirect or consequential losses;
- 14.2.2 loss of income or revenue;
- 14.2.3 loss of business;
- 14.2.4 loss of anticipated savings; or
- 14.2.5 loss or corruption of data.
14.3 BPP is not responsible to you for any data that you lose either (a) as a result of accessing the Online Study Materials or MyStudy; or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Study Materials and MyStudy, and (ii) all data that you are inputting when completing the Online Course.
14.4 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 Online Course, your use of the Course Materials and any 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.
14.5 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.
14.6 Each provision in this Clause 14 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.
The Online Courses are for training purposes only. BPP will not accept any responsibility to any party for the use 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.
16. Intellectual Property
16.1 At all times, BPP and/or its licensors, remain the owner of the intellectual property in the Online Courses, the Course Materials and MyStudy content. No Online Course and/or Course Materials and/or MyStudy content, nor any part of it may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of BPP.
16.2 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 Online Course. For Online Study Materials the licence granted is to use the Online Study Materials on one computer only.
16.3 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 the 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.
17. Data Protection
17.2 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.
18.1 BPP reserves the right to charge late payment interest on any overdue amounts, 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.
18.5 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 of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
18.9 Any notices required to be served on you 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. Any notices required to be served on BPP by you will be deemed properly served if sent to the address as per clause 19.
18.10 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 the sender. A notice sent by fax or email is deemed to be given on the day it was sent.
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.
15. Contact us
BPP Professional Education
Aldine House Aldine Place
142-144 Uxbridge Road
London W12 8AW
Tel: 0845 075 1100 (London bookings)
Tel: 0845 226 2422 (regional centre bookings)
Fax: 020 8740 2294
Email: firstname.lastname@example.org (regional centre bookings)
Email: email@example.com (London bookings)