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