1. DEFINITIONS AND INTEPRETATIONS
1.1 In these Terms and Conditions, unless the context requires otherwise, the following words and phrases shall have the following meanings:
“BRE Academy” means the BRE Academy brand of BRE Global Limited, a company registered in England and Wales No 8961297 whose registered office is at Bucknalls Lane, Garston, Watford, Hertfordshire, WD25 9XX (“BRE Global”).
“Fees” means the fees payable by You for access to the Programme.
“Intellectual Property” or “Intellectual Property Rights”, means all patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, Confidential Information (including know-how and trade secrets), image rights, rights of personality and other similar rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Materials” means all training materials, documents, handouts, papers, case studies, examinations, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, software, presentations, certificates and other materials, any translations of such Materials, in whatever form, including but not limited to hard copy and electronic form, as prepared by BRE Academy, BRE Global Limited or its Licensors.
“Programme” means any training course, workshop, webinars, examination and/or other online resource provided by BRE Academy that is available to book or purchase via www.bre.ac/online-courses or www.bre.ac/webinars websites and that are governed by this agreement.
“Us”, “We”, or “Our” means BRE Global Limited trading as BRE Academy.
“VAT” means Value Added Tax at the rate applicable at the time of booking a Programme and as appears on (www.gov.uk/vat-rates).
“You” means the person who is applying to attend the Programme and shall include a natural person, corporate or unincorporated body (whether or not having separate legal personality), where the person is a delegate acting on behalf of a corporate or unincorporated body ‘You’ shall refer jointly and severally to the person and body, on whose behalf you are acting.
“Website” shall mean the BRE Academy website https://bre.ac.
1.2 Clause headings, schedules and paragraph numbers shall not affect the interpretation of this agreement.
2.1 You confirm that you have authority to bind any organisation on whose behalf you use the Website and purchase a Programme.
2.2 These Terms and Conditions constitute the entire agreement between you and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.
2.3 You acknowledge that in entering into this agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
2.4 You and We agree that neither of Us shall have any claim for innocent or negligent misrepresentation based on any statement in this Agreement.
3. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US
3.1 You may register with BRE Academy when you either;
3.1.1 Purchase a Programme and registration is completed as part of the purchasing process; or
3.1.2 By selecting “Join” at the top of the Website home page and registering for a free BRE Academy account.
3.1.3 If You have not previously registered for a Programme or a BRE Academy account, the registration page of the Website will guide you through the registration process and the Agreement will have been formed once the following steps have been completed:
18.104.22.168 you have inputted into the relevant registration pages of the Website your Personal Information;
22.214.171.124 clicked “accept” to acknowledge these Terms and Conditions; and
126.96.36.199 our third-party payment processing partner has processed payment of the Fees on our behalf.
3.2 If you have already registered with the Website by opening a BRE Academy account or by previously purchasing a Programme, these Terms will apply to your continuing use of the Services and will apply to all new subsequent Programme purchases unless varied by BRE.
4. POLICIES APPLICABLE TO THE AGREEMENT
4.2 Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Website. When using Our site, You must comply with this Acceptable Use Policy; failure to do may result in Your access to the Services being denied/revoked.
5.1 The applicable Fees, inclusions and content of the Programme shall be as described on the Website at the time of purchase. BRE Academy reserves the right to update or adjust the Fees, inclusions and content of the Programme from time to time as it sees fit.
5.2 All Fees displayed and provided are exclusive of VAT which shall be additionally applicable at the VAT rate at the time of booking the Programme.
5.3 We will not confirm to You your enrolment onto the Programme until payment of the Fees has been received in full. We reserve the right to decline the registration of any applicant at Our absolute discretion and shall refund any fees received in such an instance.
5.4 We reserve the right to refuse your enrolment in the Programme in the event of failure to observe any of these Terms and Conditions.
6. PROGRAMME TRANSFER
6.1 For the purposes of this clause a “Programme Transfer” shall mean when You request to transfer or Change from a Programme you have already purchased to a different Programme.
6.2 If You have booked an online Programme and You wish to complete a Programme Transfer, you must;
6.2.1 make a request in writing to BRE Academy detailing your reasons for wanting to transfer and the Programme you wish to transfer from and to; and
6.2.2 Make such requests prior to accessing any part of the Programme from which you wish to transfer; and
6.2.3 Make such request within 14 days of date of purchase.
6.3 Clauses, 6.4, 6.5, 6.6 apply to classroom Programmes Only.
6.4 If You have booked a classroom Programme and You wish to complete a Programme Transfer, you must:
6.4.1 Make a request in writing to BRE Academy detailing your reasons for wanting to compete a Programme Transfer; and
6.4.2 Make the request mentioned at least 14 days prior to the scheduled commencement of the Programme Requests;
6.5 In the event You do not make Your request for a Programme Transfer with at least 14 days prior notice of the scheduled commencement of the Programme You wish to transfer from, a Programme Transfer may still be possible, however, in such events You may be liable for a re-scheduling fee to be paid in in addition to any additional fee for the new Programme.
6.6 Should the Programme You wish to Transfer to be of less value than of that previously booked and the Programme Transfer request is made with less than 14 days prior notice of the scheduled commencement then no refund will be issued for the differences in price between the two Programmes.
6.7 BRE Academy reserves the right to refuse any Programme Transfer without providing reason and no refund will be issued.
7. PROGRAMME CANCELLATION
For online Programmes, if You wish to cancel Your purchase You must do so within 30 days of the date of purchase. If the request is made within 30 days of purchase and You have not accessed the Programme you will be provided a full refund. A refund will not be provided if You have accessed the Programme.
7.1 For classroom Programmes, if You wish to cancel Your Programme you must make a request in writing to BRE Academy, the refund you receive will vary depending on the amount of notice provided, the following refunds apply:
7.1.1 Over 14 days before the Programme date, a full refund of course fees;
7.1.2 7 to 14 days before the Programme date, a 50% refund of course fees;
7.1.3 7 days or less before the event, no refund.
7.2 BRE Academy reserves the right to cancel or re-schedule any Programme at its absolute discretion, and in such a circumstance shall give reasonable notice to You.
7.3 Should BRE Academy cancel the Programme, an alternative Programme will be offered, or a full refund will be made. BRE Global shall not be liable for any other costs or losses including expenses that have been incurred prior to cancellation.
7.4 With the exception of ‘BREEAM’ Programmes which have a 9 month period, all Programmes must be accessed and completed by delegates within 12 months from the date of purchase; in the event a delegate fails to complete the Programme within the relevant period BRE Academy may cancel the Programme and a refund may not be provided.
8. PROGRAMME CONTENT
8.1 All Materials provided to You in advance of, or during the Programme, are the Intellectual Property of BRE Global who either own or licence such, and the Materials shall not be copied by You, either in whole or in part, and ownership shall not transfer to You. All Materials shall be maintained in confidence and not disclosed to any third parties except with BRE Academy’s express written permission.
8.2 We reserve the right to pause and/or interrupt any Programme that is accessible online to complete updates and amendments; BRE Academy will endeavour to complete any updates with as minimal interruptions as possible.
8.3 Some of our Programmes and Materials make reference to third party websites and other services, these references are not to be considered endorsement of the third party or the third-party content. BRE Academy make no representation or warranty as to the content of third party websites, its suitability for any use, or that it constitutes accurate data and/or advice.
8.4 Some qualifications and certifications granted to you by BRE Academy, upon the successful completion of BRE Academy training and examinations, may only be valid for a limited time. Upon expiry of such validity period, if you wish to retain valid continual certification or qualification, you may be required to renew, recertify or resit the Programme.
8.5 Before purchasing a Programme, You must ensure that You satisfy all of the minimum requirements including minimum level of qualification prior to purchasing the Programme.
8.6 Access to the Programme is granted to You only, You must not grant access to or disclose the Programme or any Materials obtained through it to any third party.
9. PROGRAMME WARRANTIES
9.1 BRE Academy shall deliver the Programme in accordance with the promoted description using reasonable care, skill and diligence. BRE Academy does not however make any warranty in respect of any outcomes or results.
9.2 You warrant that You shall not do anything to bring BRE Global Limited, BRE Academy or any of its other subsidiaries or affiliates into disrepute and that You shall not use or display the names of, or suggest or imply an association with any other name, brand or trademark used or owned by BRE Global Limited its affiliates or subsidiaries, whether registered or unregistered, except where BRE Academy has provided its express written consent. Where consent is granted You must only do so in accordance with the guidelines or requirements specified by BRE Academy.
9.3 You must not allow, permit or request anyone else to sit or attempt to sit any exam or test which may be required as part of the Programme. Any breach of this clause is to be considered a material breach and BRE reserves the right to void any CPD hours, qualifications, licences or certifications which would usually be granted on successful completion of the Programme. In this circumstance BRE Academy also reserve the right to refuse all future training.
10. LIMITATION OF LIABILITY
10.1 Except for death or personal injury caused by BRE Academy’s negligence, for fraudulent misrepresentation, or for any other liability which cannot be limited by law, the entire liability of BRE Academy under or in connection with this agreement shall not exceed the Fees which have already been paid by You to BRE Academy for the Programme.
10.2 We shall have no liability for delay or failure to perform any of its obligations arising from any event beyond its reasonable control, nor shall BRE Academy have any liability in any case for any loss of profits, loss of revenue, loss of goodwill or for any indirect or consequential losses.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 11.2.
11.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Agreement, We will contact you as soon as reasonably possible to notify you.
11.3 You may cancel the Programme to the extent that is affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please write to us at our address in clause 1.1.
12. DATA PROTECTION
12.1 “Data Protection Legislation” means, before 25 May 2018, the Data Protection Act 1998 and from 25 May 2018, the General Data Protection Regulation (EU 2016/679) and any legislation which amends, re-enacts or replaces it in England and Wales. The definitions and interpretations in the Data Protection Legislation apply to this clause.
12.3 When You book on a Programme taking place outside of the European Economic Area (EEA), it is necessary that some of your Personal Data will be transferred outside the EEA to our delivery partner in the host country.
13. COMMUNICATIONS BETWEEN US
13.1 When We refer, in these Terms and Conditions, to “in writing”, this will mean either in writing to;
- [email protected]
- BRE Academy, BRE Global Bucknalls Lane, Watford, Herts, WD25 9XX
13.2 Any notice or other communication given by you to Us, or by Us to you, under or in connection with the Agreement shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service or e-mail.
13.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
13.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. OTHER IMPORTANT TERMS
14.1 If You are booking a BRE Academy classroom Programme and the Programme requires an examination, You must adhere by the BRE Examination conditions policy.
14.2 If you have a disability, please visit our disabilities policy.
14.3 If You book on a classroom Programme You must adhere to any health and safety requirements that BRE or their delivery partners specify from time to time.
14.4 If You are dissatisfied with any purchase on the Website, please visit out complaints page for a copy of Our complaints procedure.
14.5 We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or our obligations under these Terms. We will notify you by posting on the Website if this happens.
14.6 You may not transfer your rights or your obligations under these Terms to another person.
14.7 BRE Academy reserve the right to update, amend or replace these Terms and Conditions at any time.
14.8 This Agreement is between You and Us. No other person shall have any rights to enforce any of its terms, whether under the Agreements (Rights of Third Parties) Act 1999 or otherwise.
14.9 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.10 If We fail to insist that you perform or fail to enforce any of your obligations under these Terms or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
14.11 An Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-Agreementual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14.12 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-Agreementual disputes or claims).
© BRE Global Ltd. May 2018 PN292- Rev1.2