BPP STANDARD CONTRACTUAL TERMS RELATING TO THE PRODUCT

BPP Standard Contractual Terms for incorporation into the Distributor’s standard terms of sale for the Products.  These should be used in addition to the Distributor’s standard terms of sale and not as a substitute for such terms.

These terms and conditions apply to your purchase of an Online Mock Exam from 300 Hours.  Your contract is with 300 Hours and any concerns you may have about the Online Mock Exam should be directed to 300 Hours.  You acknowledge that the Online Mock Exam will be delivered by BPP Learning Media Limited (“BPP”) but that BPP (or any member of BPP’s group of companies as determined under section 1162 and Schedule 7 of the Companies Act 2006) have no contractual obligations to you.

Definitions

 “Online Mock Exam” means Online Mock Exam or any other online products you have purchased from 300 Hours in connection with the mock exam preparation for the Chartered Financial Analyst Examinations;

“you” means the individual purchasing the Online Mock Exam.

1.               Online Mock Exam contents and Access terms

1.1          The receipt of an Online Mock Exam is personal to you and you may not transfer your rights to access the Online Mock Exam or provide an Online Mock Exam to any other person.  You may not share your Online Mock Exam details with any other person.

1.2          You may incur charges to your internet service provider while you are accessing and / or downloading the Online Mock Exams. Charges may also be payable to third parties for use of the software necessary to access and / or download the Online Mock Exams. You are responsible for paying these charges.

2.               System Requirements

2.1          Please note that it is your responsibility to check that the computer you plan to use to access your Online Mock Exam  is compatible with the minimum specification requirement that relates to the Online Mock Exam you are ordering.

While certain operating systems and browsers are not officially supported it is probable that you will be able to use them to view content. 300 Hours will try to help where we can but cannot guarantee we will be able to resolve the issue if you use one of the unsupported operating systems or browsers.

2.2          You acknowledge and accept that neither 300 Hours nor BPP can be held responsible for any technical problems you encounter following the purchase of an Online Mock Exam.

3.               Annual (or other term) Updates

3.1          Certain Online Mock Exams 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. If new legislation or regulations supersedes existing Online Mock Exams, these may be available for purchase as new Online Mock Exams.  For the avoidance of doubt, purchase of a current Online Mock Exam does not entitle you to have access to future revised Online Mock Exams as part of the original purchase.

4.               Technical Support and Access

4.1          You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the relevant Online Mock Exam 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..

4.2          You also accept and acknowledge that neither 300 Hours nor BPP can be held responsible for any delay or disruptions to your access to the Online Mock Exam as a result of such suspension or any of the following:

4.2.1      the operation of the internet and the World Wide Web, including but not limited to viruses;

4.2.2      any firewall restrictions that have been placed on your network or the computer you are using to access the Online Mock Exam;

4.2.3      failures of telecommunications links and equipment; or

4.2.4      updated browser issues.

5.               Warranties

5.1          You will be provided with the Online Mock Exams in accordance with the Online Mock Exam description available on 300Hours.com

5.2          You are expected to take reasonable care to verify that the Online Mock Exam in question will meet your needs. Neither 300 Hours nor BPP make any commitment to you that you will obtain any particular result from your use of the Online Mock Exams or that you will obtain any particular qualification on completion of the Online Mock Exam (unless otherwise stated).

5.3          Neither 300 Hours nor BPP make any representation, guarantee or commitment to you that the Online Mock Exams will be error free.

5.4          Neither 300 Hours nor BPP make any commitment that any Online Mock Exams will be compatible with or operate with your software or hardware.

5.5          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.

6.               Limitation of liability

6.1          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.

6.2          Except as set out in these terms, neither 300 Hours nor BPP shall be responsible for losses that result from their failure to comply with these terms including, but not limited to, losses that fall into the following categories:

6.2.1      indirect or consequential losses;

6.2.2      loss of income or revenue;

6.2.3      loss of business;

6.2.4      loss of anticipated savings; or

6.2.5      loss or corruption of data.

6.3          Neither 300 Hours nor BPP are responsible to you for any data that you lose either (a) as a result of accessing the Online Mock Exams; or (b) during completion of any Online Mock Exam. 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 Mock Exams, and (ii) all data that you are inputting when completing the Online Mock Exam.

6.4          Save as otherwise set out in this section “Limitation of liability”, 300 Hours and BPP’s maximum aggregate liability to you for any claims that you may have against 300 Hours or BPP for direct loss in contract, tort or otherwise arising out of or in connection with these terms, the Online Mock Exam, your use of the Online Mock Exams and any technical support shall be limited to the amount of the fee which has been paid, or is payable, by you or on your behalf.

6.5          Neither 300 Hours nor BPP will be held responsible for any delay or failure to comply with their obligations under these terms if the delay or failure arises from any cause which is beyond 300 Hours or BPP’s reasonable control. This condition does not affect your statutory rights.

6.6          Each provision in this Clause 8 shall be construed separately. 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.

7.               Disclaimer

7.1          The Online Mock Exams are for training purposes only. Neither 300 Hours nor BPP will accept any responsibility to any party for the use of the Online Mock Exams for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.

8.               Intellectual Property

8.1          At all times, BPP and/or its licensors, remain the owner of the intellectual property in the Online Mock Exams. No Online Mock Exams, 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.

8.2          BPP grants to you a non-exclusive, non-transferable licence to use the Online Mock Exams content for the sole purpose of studying for the exam associated with the Online Mock Exam and the licence granted is to use the Online Mock Exams on one computer only.

8.3          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 the Online Mock Exams. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Mock Exams or create derivative works based on the whole of or any part, or which incorporate, the Online Mock Exams into any software program. Use of the Online Mock Exams 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.

9.               Data Protection

9.1          300 Hours will process the information it receives from you or otherwise holds about you in accordance with these Terms and its privacy policy. You consent to the use by 300 Hours of such information in accordance with these Terms and 300 Hours privacy policy and its circulation to BPP.

9.2          BPP will process the information it receives from you or otherwise holds about you in accordance with its privacy policy. You consent to the use by BPP of such information in accordance with the BPP privacy policy. You have the right to receive details of the personal information held by BPP. A fee of £10 will be payable. For more information, please refer to BPP’s privacy policy available at www.bpp.com.

9.3          300 Hours and/or BPP may report any cases of fraud or attempted fraud, academic misconduct or unethical behaviour to the relevant external awarding bodies and professional bodies.