
BESA Academy T&C's
BESA Academy Online Course Terms and Conditions
- Introduction
- In this agreement:
- we, us or our means Building Engineering Services Training Ltd (trading as the BESA Academy); and
- you or your means the person listed as the attendee in a Registration; and
- Access Rights means your rights to access the Online Course as set out in clause 4 of this agreement;
- Assessment means any test, quiz, examination or similar process designed to assess your knowledge and comprehension of the content of an Online Course;
- Assessment Fees means all fees for sitting an Assessment as published on the Website and/or stated within any Registration;
- Course Fees means the fees for enrolment in an Online Course as published on the Website and/or stated within any Registration;
- Course Materials means all course manuals, content, questions, answers, notes, presentations, and any other materials supporting the Online Course written by us or on our behalf which are supplied to you in connection with a Registration or an Online Course;
- Fees means all fees payable in respect of a Registration, including without limitation the Course Fees and Assessment Fees as published on the Website and/or stated within any Registration;
- Online Course means a course advertised on the Website as ‘eLearning’ or for online delivery in any manner the subject of a Registration, and for the avoidance of doubt includes all Course Materials and any Assessment;
- Registration means a registration to enrol in one or more Online Course(s) submitted to us; and
- Website means thebesa.com/besa-academy and all associated web pages.
- If you have any questions about this agreement or any Registration, please contact us by:
- sending an email to academy@thebesa.com; or
- calling us on 0800 917 8419 (our telephone lines are open Monday to Friday: 9 am to 5 pm, except on bank holidays).
- This agreement
- By submitting a Registration, you agree to be legally bound by this agreement in connection with the Online Course(s).
- If a Registration is submitted on behalf of someone else, the submitter confirms that they have the permission of the attendee to bind them to this agreement.
- You agree that you are submitting a Registration in the course of your business, craft, trade or profession.
- This agreement is only available in English. No other languages will apply to this agreement.
- When submitting a Registration you also agree to be legally bound by:
- our Website Terms of Use and any documents referred to in them;
- any details or requirements notified by us and included in the Registration form and/or prior to commencing any Online Course, or at any time prior to you commencing an Assessment; and
- extra terms which may add to, or replace some of, this agreement and uploaded to our Website from time to time.
- In this agreement:
All of the above documents form part of this agreement as though set out in full here.
- To ensure our terms and conditions are up to date and relevant, we may need to make amendments to these terms and conditions from time to time. The most recent version will be visible on the Website so please ensure that you check for any updates regularly. By continuing with a Registration or to access any Online Course after any changes are made, you accept those changes and are bound by them.
- Your privacy and personal information
- Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
- You consent to us monitoring your access to the Online Course, including the number of computers and their IP addresses to ensure that you are not in breach of the terms of this agreement.
- Access Rights
- Subject to you submitting your Registration and paying all applicable Course Fees, we grant you a non-exclusive, non-transferable right to access and use the Online Course in accordance with this agreement (Access Rights).
- Without limitation, your Access Rights are subject to the following conditions:
- The right to electronically display the Online Course or any part of it is limited to the display of such Online Course to you only;
- The right to obtain a printout of the Course Materials is limited to a printout of a reasonable portion of the Course Materials;
- The right to retrieve and store machine-readable copies of the Course Materials is limited to the retrieval of a single copy of a reasonable portion of the Course Materials for your exclusive use, to the extent the use or storage of those Course Materials is not further limited or prohibited by this agreement;
- You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Online Course or any part of it and, in the event of any such unauthorised access or use, promptly notify us; and
- Except as specifically provided in clauses 2.1, 4.2.2 and 4.2.3, you must not:
- download, store, reproduce, transmit, display, print, copy, distribute, or use the Online Course or any part of it;
- use the Online Course in any way that infringes the copyright or proprietary interests in the Online Course; or
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Online Course in any form or media or by any means.
- Third Party Providers
- You acknowledge and agree that:
- we may from time to time use third party providers to assist in the delivery of Online Courses, including without limitation, proctoring services for carrying out Assessments; and
- In order to complete and take full advantage of the Online Course, you may be required to accept terms and conditions of those third party providers forming a separate agreement between you and that third party provider.
- We have no control over third party websites or third party terms and conditions and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
- You acknowledge and agree that:
- Payment
- You agree to pay the Fees, or cause them to be paid, as notified during the Registration process.
- You will not be entitled to any Access Rights until we have received your payment in full.
- You acknowledge that the Fees are non-refundable and non-transferable once your Registration has been submitted to us, except in the following circumstances:
- Where you have purchased an Online Course and decide you no longer wish to participate in the Online Course within 28 days after Registration but only if you have not already taken advantage of your Access Rights, then we will refund you the Fees in full; and
- Where you have taken advantage of your Access Rights in respect of an Online Course, but not commenced the Assessment, then we will refund you the Assessment Fees only and you will not be entitled to any refund of the Course Fees.
- All refunds will be made to the original payment source.
- All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
- We accept payment through the Stripe online payment gateway only. We do not accept cash or cheques. The use of the Stripe online payment gateway is subject to Stripe’s terms and conditions.
- We will do all that we reasonably can to ensure that all of the information you give us when paying for your Registration is secure by using an encrypted secure payment mechanism powered by Stripe. However, in the absence of negligence on our part, any failure by us to comply with this agreement or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. We will have no liability for the acts or omissions of Stripe or your use of the Stripe online payment gateway.
- Intellectual property rights
- You acknowledge and agree that we and/or our licensors own all right, title and interest to and all intellectual property rights (including all copyright, patent, trade mark and other intellectual property rights) in the Online Course (in all forms, including print and machine-readable forms). Except as expressly stated in this agreement, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Online Course (or any copies of it).
- Cancellation or Expiry
- You have the right to cancel this agreement without giving any reason. To exercise the right to cancel, you must inform us of your decision to cancel this agreement by a clear statement in writing (eg a letter sent by post or email) using the contact details in this agreement.
- We may cancel this agreement at any time with immediate effect if:
- you have failed to comply with the terms of this agreement;
- we have evidence that information and documentation provided in support of your Registration is false or inaccurate; or
- we become aware, or reasonably believe, that you have misused, or allowed a third party to misuse, your Access Rights in any way.
- Effects of cancellation
- If this agreement is cancelled for any reason:
- your Access Rights will immediately cease; and
- subject to clause 3 of this agreement, we will have no obligation to refund any Fees paid by you and you will have no entitlement to such refund.
- Our liability to you
- We will use reasonable endeavours to meet the timescales set out in the agreement, but we will not be liable for any losses arising from any delay.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), or as expressly provided in the agreement, we will not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of us, our servants or agents or otherwise) which arise out of or in connection with a Registration, an Online Course, the issue or non-issue of Access Rights, or use of the Access Rights by you or a third party.
- Your sole and exclusive remedy against us, and our entire liability under or in connection with the agreement, will not exceed the total Course Fees which have actually been paid by you to us in respect of the relevant Registration.
- Neither acceptance of a Registration nor issue of any Access Rights by us implies or expresses any warranty of any kind with respect to your qualifications, competencies or skills.
- You acknowledge and agree that the Online Course is not intended, nor should it be used, as a substitute for professional advice or judgment with respect to particular circumstances. Whilst reasonable efforts are made to keep the Online Course up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
- The Online Course is provided on an “as is”, “as available” basis and we make no express warranties under this agreement, including without limitation that the Online Course is or will be complete or free from errors or that information will continue to be available to us to enable us to keep the Online Course up-to-date. We may amend, alter, remove or otherwise deal with the Online Course and Course Material in any way from time to time without notice.
- You agree to indemnify us against any loss, damage, costs, expenses or other claims for compensation suffered by or made against us as a result of any breach by you of this agreement including but not limited to your misuse (or you allowing the misuse by third parties) of any Access Rights.
- Third party rights
- If this agreement is cancelled for any reason:
No one other than you, us or any of our group companies has any right to enforce any term of this agreement.
- Governing law and jurisdiction
- This agreement shall be governed by and construed in accordance with the laws of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction to hear disputes arising in connection with the agreement.
- Assignment
- You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this agreement.
- We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations under this agreement.