1. These terms
These are the terms and conditions ("the Terms") of the contract between you and us ("the Contract") pursuant to which we will supply to you an annual subscription ("Subscription") to BJUI Knowledge ("the Supply") via our website at www.bjuiknowledge.org ("the Website") in the form of digital content ("the Content"). Please read them carefully before you submit your order to us.
2. Information about us and how to contact us
2.1 Who we are and how to contact us. Please see our Website Terms and Conditions.
2.2 How we use your personal information. Please see our Privacy Notice
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address that you provided to us with your order.
2.4 Abbreviations. References in the Terms to "we", "us" and "our" are references to BJUI, and references in the Terms to "Braintree" are references to the Braintree Payments division of PayPal, Inc, as to which please see Clause 12.4. References in the Terms to "you" and "your" are to the individual or business to whom the Supply is made. When we use the words "writing" or "written" in the Terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when Braintree (on our behalf) has received your payment for your first Subscription, at which point the Contract will come into existence, following which we and/or Braintree will email you to notify you of it.
3.2 If we cannot accept your order. If your attempt to pay for your first Subscription fails or if we are unable to accept your order, we will inform you of this in writing or you will be automatically redirected to the relevant page of the Website and we will not charge you.
4. Our rights to make changes
4.1 Changes. We may change:
(a) any Term to reflect changes in relevant laws and regulatory requirements; and
(b) the Supply to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your receipt of the Supply.
4.2 Updates to Content. We may update Content, provided that the Content shall always match the description of it that we provided to you before you bought it.
5. Providing the supply
5.1 When we will provide the Supply. We will provide the Supply to you until your subscription expires (if applicable) or you end the Contract as described in Clause 6 or we end the Contract by written notice to you as described in Clause 6.
5.2 We are not responsible for delays outside our control. If the Supply is delayed by an event outside our control then we will announce the same on the homepage of the Website as soon as reasonably practicable and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund based on the balance of time remaining in your Subscription.
5.3 What will happen if you do not give required information to us. We will not be responsible for any failure or delay in the Supply if this is caused by you not giving us the information that we need within a reasonable time of us asking for it.
5.4 Reasons why we may suspend the Supply. We may have to suspend the Supply to:
(a) deal with technical problems or make minor technical changes or issue patch releases; or
(b) update the Supply to reflect changes in relevant laws and regulatory requirements.
5.5 Your rights if we suspend the Supply. If (save for brief suspensions for patch releases) we suspend the Supply for technical reasons we will announce the same on the homepage of the Website as soon as reasonably practicable, unless the problem is urgent or an emergency. If we have to suspend the Supply for any consecutive period that is longer than one month we will provide you with a refund on a pro rata basis. You may contact us to end the Contract if we suspend the Supply, or announce that we are going to suspend it, as explained in Clause 6.1(d), and we will refund any sums that you have paid in advance for the Supply in respect of the period after you end the Contract.
6. Your rights to end the contract
6.1 Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Supply that has not been provided, and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Supply or the Terms to which you do not agree;
(b) we have told you about an error in the price or description of the Supply that you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Supply may be significantly delayed because of events outside our control;
(d) we have suspended the Supply for technical reasons, or we notify you we are going to suspend it for technical reasons, in each case for any consecutive period that is longer than one month; or
(e) you have a legal right to end the Contract because of something we have done wrong.
6.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms. But you do not have a right to change your mind in respect of digital products after you have started to download or stream them. You have 14 days after the day on which we email you to confirm that we accept your order (see Clause 3.1), or, if earlier, until you start downloading or streaming.
6.3 Ending the Contract because you do not wish to renew your Subscription. Please see Clause 10.2.
7. How to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the Contract. To end the Contract, please let us know by emailing us at firstname.lastname@example.org and for your convenience see the Model cancellation form on the Website.
7.2 How we will refund you. We will refund you the price that you paid for the Supply, by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the period during which the Supply took place, ending with the time when you told us you had changed your mind.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days after your telling us that you have changed your mind.
8. Our rights to withdraw the supply
We may write to you to let you know that we are going to stop providing the Supply. We will let you know at least one month in advance of our stopping the Supply and will refund any sums that you have paid in advance for the Supply which will not be provided.
9. If there is a problem with the supply
9.1 How to tell us about problems. If you have any questions or complaints about the Supply, please contact us (as to which please see Clause 7.1).
9.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the Supply. Nothing in the Terms will affect these legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· If your digital content is faulty, you are entitled to a repair or a replacement.
· If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
· If you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
10. Price and payment
10.1 Where to find the price for the Supply. The price of the Supply (which does not include VAT) will be the price indicated on the Website when you placed your order, which may vary depending upon your geographical location. We take all reasonable care to ensure that the price of the Supply notified to you is correct.
10.2 Automatic renewal of your Subscription. Your Subscription is for periods of 12 (twelve) consecutive months ("Periods"), the first Period commencing when the Contract comes into existence. Provided that the Contract has not been ended by you (see Clause 6) or by us (see Clause 8), your Subscription will automatically renew at the end of each Period unless you notify us (see Clause 7.1) that you do not wish to renew it no less than 7 days in advance of the renewal date. We will send to you during each Period at least two advance warnings by email of the automatic renewal, the first no less than 30 days before the renewal date, and the second no less than 14 days before the renewal date.
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other category of loss or damage to the extent that it is impermissible to exclude or limit it.
11.3 Damage caused to you. If defective Content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.4 We are not liable for business losses. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Other important terms
12.1 We may transfer the Contract to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to the Terms.
12.4 We may sub-contract the performance of some of our obligations under the Contract, in which case references in the Terms to a performance shall be construed as meaning performance by us and/or our sub-contractor. We have sub-contracted to Braintree the arrangements for charging you for the Supply.
12.5 If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6 Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Supply, we can still require you to make the payment at a later date.
12.7 Which laws apply to the Contract and where you may bring legal proceedings. The Terms are governed by English law and you can bring legal proceedings in respect of the Supply in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.
Last updated: 23 May 2018
© BJUI 2018