bksb TERMS AND CONDITIONS OF SUPPLY (v2)
ONLINE SALES OF ELEARNING COURSES TO INDIVIDUALS
This document was last updated on the 2nd Sept 2019.
You may have other rights granted by law, and these terms and conditions do not affect these except if the two are inconsistent. If this is the case then these terms and conditions will override any other rights which you may have, unless this is not permitted by law. If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) nothing in these terms and conditions affects your statutory rights as a consumer.
We are bksb Ltd, a company registered in England and Wales at Companies House. Our registered office is bksb Ltd, i2 Centre, Hamilton Court, Hamilton Way, Mansfield, Nottinghamshire NG18 5FB and our registered number is 3311079. Our VAT number is GB 694 3986 69.
You can contact us by email at email@example.com.
WHO CAN PURCHASE FROM US?
To purchase from us you must be over 18 and resident in the United Kingdom. We do not currently supply the products online to non-UK residents.
HOW YOUR CONTRACT WITH US IS FORMED
Once you have completed your order, you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, please contact us at firstname.lastname@example.org during our normal working hours (Monday to Thursday, 8.30 am to 5.30 pm, Friday 8:30 to 5pm, excluding public holidays).
When you submit your order, you are offering to purchase the products at the price set out in the order.
We will acknowledge receipt of your order by email. This is not an acceptance of your order. The contract between us is not formed until we subsequently confirm that we have accepted your order.
Prices are checked regularly and are subject to change at any time. If we find the price has changed when we receive your order we will contact you and ask if you wish to proceed. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the products until we have confirmed that we have accepted your order.
The prices indicated on our website include all taxes, including VAT, which may be payable in respect of the goods.
All payments must be made at the time of placing the order by credit or debit card. If we are unable to accept your order for any reason then we will, at our option, either not debit your card or refund any money paid by you in respect of that order. We will not give you access to the products you have ordered until we receive payment in full.
ACCESSING AND USING THE PRODUCTS
Once we have received payment in full, you or the person you are purchasing the product for (referred to in these terms and conditions as “user”) will be given the ability
to access the products purchased by using the user name and password that we will provide to you. The user’s right of access and use will be valid for 90 days only from the date of dispatch by e-mail of the user’s login details but can be renewed upon payment of the applicable renewal fee. Please allow up to 2 working days for your order to be processed and for your ability to access and right to use the products to be activated. Please read the “Your Right to Cancel” section as if you choose to access the products before the end of the cancelation period you will lose your right to cancel.
Whilst our aim is that the products are available for access and use 24 hours a day, 7 days a week, we are reliant upon a third party provider of hosting services and other factors that are beyond our control so cannot guarantee that the products will be available all the time or at any specific time. If you experience any difficulty in accessing or using the products please contact our helpdesk on email@example.com during our normal working hours (Monday to Thursday, 8.30 am to 5.30 pm, Friday 8:30 to 5pm, excluding public holidays).
You are responsible for the security of your user name and password and must ensure that the password is kept confidential. Please do not share this with anybody else other than, where applicable, the user for whom you are placing the order. You must notify us in writing immediately if you become aware of any unauthorised use of your user name or password or unauthorised access to or use of the products. You must not use any other person’s user name and password to access the products. We may disable your user name and password at any time (which will prevent use of the products) if we believe that there may have been a breach of security or if you or the user does not comply with these terms and conditions. Where we intend to do this we will notify you in advance to the e-mail address provided when placing the order for the products.
INTELLECTUAL PROPERTY RIGHTS
All the materials contained in the products are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents within the products, as well as other content such as learning resources, video, virtualisations, user guides, articles, stories and other text. Subject to the licence below, all these intellectual property rights are reserved by us.
The products are made available to you for your or the user’s own personal non- commercial use.
Neither you nor the user may copy, redistribute, republish or otherwise transfer or make the materials contained in the products available to anyone else (other than the user for whom you are placing the order) or otherwise exploit materials for a commercial purpose without our prior consent in writing.
You or the user (as applicable) may however print, download or reproduce materials from the products for your own or the user’s (as applicable) personal coursework use.
DEFECTIVE PRODUCTS AND LIABILITY
We will, free of charge, and as soon as we are reasonably able, correct any material defects or errors in the products that are brought to our attention. This obligation will not apply where:
- you have attempted to modify the products in any way whatsoever; or
- The defect or error is caused by your or the user’s (as applicable) computer or internet connection.
The performance of the products will depend upon the software, hardware, browser, internet service provider, bandwidth and other services and equipment that you use to access it. Download times will vary dependent on these and other factors beyond our control. We do not guarantee that the products will be compatible with all or any hardware, software or service which you may use. We reserve the right to modify the products at any time. We do not guarantee that use of the products will lead to any particular outcome or achievement and they should not be relied upon for this purpose.
This does not affect your statutory rights as a consumer in respect of any defect in the products.
These terms and conditions do not exclude our liability (if any) to you for:
- personal injury or death resulting from our negligence;
- any matter which it would be illegal for us to exclude or to attempt to exclude our
We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when we enter into a contract. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost profits or business interruption.
YOUR RIGHT TO CANCEL
If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract and receive a refund from us. You must inform us if you wish to cancel within fourteen working days, starting on the day after the products are made available to you but prior to your first access to or use of the products.
When we e-mail you with your username and password, we will also provide information about your right to cancel. You can notify us of your wish to cancel by post, telephone or by e-mail.
If you choose to cancel then we will disable your user name and password and you will no longer have access to the products. We will refund the price of the cancelled products to the credit card or debit card used by you to pay as soon as possible and, in any case, within 14 days of your notice of cancellation.
During the purchase process, you will have selected an option to provide express consent to access the products during the 14-day cancellation period and acknowledge that your right to cancel the contract would be lost once your account had been activated. Confirmation of this action will be provided to you in the e-mail we send to you with your username and password. If you wish to access or use the products prior to the expiry of this period you may do so, but your right to cancel will end when you first access or use the products. This does not affect your statutory rights in respect of any defect in the products or otherwise.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
We may not necessarily keep a copy of these terms and conditions and your order. We advise you to keep a copy of them for your information in the future. You can download a pdf version of these terms and conditions from www.bksb.co.uk/files/b2ctermsandconditions.pdf.
We may transfer our rights and obligations under the contract with you to another organisation but this will not affect your rights or our obligations under these terms and conditions.
The contract is between you and us. No other person (including any nominated user of the products) shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The contract and all communications between us will be conducted in the English language.
The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England.
The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.