This Agreement applies to the provision to you by Bell Educational Trust of
Hillscross, Red Cross Lane, Cambridge, CB2 2QX ("Bell") of
educational services.
| 1 |
Provision of the services |
| |
|
| 1.1 |
Bell will provide educational services to you ("the Services") via the
web site at www.bellenglish.com ("the Website") in accordance with the
terms and conditions of this Agreement to a professional standard using
reasonable skill and care. |
| |
|
| 1.2 |
The Services are described in full on the Website, and you should check
that the Services are suitable for your needs prior to registration. |
| |
|
| 1.3 |
You acknowledge that Bell cannot guarantee that the Services will always
be available to you, owing to the nature of the internet. You should satisfy
yourself that you have appropriate protection against computer viruses
whilst using the internet, and that your connection to the Website is secure. |
| |
|
| 2 |
Payment of fees |
| |
|
| 2.1 |
The Services shall be provided free of charge until further notification
after which date you will pay fees for the Services as follows:
- a subscription fee as specified from time to time on the Website
which shall entitle you to access the secure part of the Website including
facilities and materials in relation to basic courses the details of
which are set out on the Website; and
- an individual fee for each premium course which you wish to study
as listed on the Website.
|
| 2.2 |
All fees are payable in advance by credit or debit card. Cards currently
accepted by Bell are Visa, Mastercard and Switch. The Website uses a secure
payment system to process your card details. |
| |
|
| 2.3 |
You hereby authorise Bell to debit your card with the subscription fee
for the Website on or shortly after the date of your registration ("the
Payment Date".) |
| |
|
| 2.4 |
In the event that you wish to pay by a means other than credit or debit
card, you should contact the Bell Educational Trust by emailing us at [bellenglish@bell-centres.com]
to request arrangements for alternative payment options to be made. |
| |
|
| 2.5 |
In the event that you fail to pay fees as set out above Bell reserve
the right to suspend the provision of the Services to you until payment
is made in full. |
| |
|
| 2.6 |
The fees currently stated on the Website will remain valid until amended
by Bell. |
| |
|
| 3 |
Your use of the Website |
| |
|
| 3.1 |
Your use of the Website is subject to the Website terms of use which
can be viewed here. |
| |
|
| 3.2 |
On registration you will be able to choose a unique username, and may
choose a password for use to access the secure areas of the Website. |
| |
|
| 3.3 |
You agree to keep your personal username and chosen passwords confidential,
and will immediately notify Bell in the event that you believe that the
password may have become known by a third party. Your username is personal
to you and must not be used by anyone other than you. You will be held
responsible for any loss or damage resulting from use of your username
and password by any third party. Bell reserves the right to immediately
terminate your access to the Services in the event that Bell suspects that
your username is being used by more than one individual and Bell may charge
you a sum equivalent to the fees payable for access to the Service by each
individual who has been using your username. |
| |
|
| 4 |
Duration and cancellation |
| |
|
| 4.1 |
This Agreement shall apply from the date of your registration to the
date on which this Agreement is terminated as set out below. |
| |
|
| 4.2 |
Subject to clause 4.4, you may cancel this Agreement within seven working
days beginning on the day following registration completing our feedback form and
the fees paid by you for access to the Website will be refunded in full
by means of crediting your credit or debit card. |
| |
|
| 4.3 |
Subject to clause 4.4, you may cancel your request for access to any
premium course within seven working days of the day following your request
completing our feedback form. and
the fees paid by you in respect of such course will be refunded in full
by means of crediting your credit or debit card. |
| |
|
| 4.4 |
You should note that you will not be entitled to obtain a refund under
clause 4.2 and 4.3 in the event that you have used your username and password
to access the secure areas of the Website or the additional course in question,
as appropriate, prior to the expiry of the relevant cancellation period. |
| |
|
| 4.5 |
Each fee paid by you for a premium course will entitle you to access
the materials in relation to such course for a period of six months. After
this time, you will not be able to access the materials in relation to
that course without paying a further fee. |
| |
|
| 4.6 |
You may terminate your registration for use of the Website at any time
by contacting Bell. On cancellation your username and password will be
withdrawn and subject to clause 4.2 above, any fees previously paid will
not be refunded. |
| |
|
| 4.7 |
Bell may terminate the provision of the Services at any time by giving
14 days notice to you. On cancellation by Bell any fees paid by you in
respect of access to the Services which is still current at the time of
cancellation will be refunded in full. |
| |
|
| 5 |
Complaints and queries |
| |
|
| 5.1 |
If you have any problem with the Website or any of the Services or wish
to contact Bell please complete our feedback form. |
| |
|
| 5.2 |
If Bell wishes to contact you, we will email you at the address given
at your registration. |
| |
|
| 6 |
Intellectual property rights |
| |
|
| 6.1 |
Bell warrants to you and you acknowledge and agree that Bell is the owner
of or is licensed by third parties to use all copyright and other intellectual
property rights in and to the course materials and other content provided
to you by or on behalf of Bell and any computer code, software, algorithms,
html or other scripts used by Bell to provide the Services to you ("the
Materials"). |
| |
|
| 6.2 |
Bell hereby grants you a royalty-free licence to view, store and copy
the Materials for the duration of this Agreement for your own personal
educational use and subject to any restrictions set out on the Website.
You must not obscure or remove any copyright notices on any copies of any
Materials. Following the termination of this Agreement you may retain one
paper copy of any Materials which are stated on the Website to be 'printable
versions' for your own personal educational use. |
| |
|
| 6.3 |
You agree that you shall not, other than as permitted by law, copy, reproduce,
modify, adapt, merge, translate, reverse engineer, decompile, dissassemble
or create derivative works based on the whole or any part of any software,
computer code or algorithms contained within the Materials. |
| |
|
| 7 |
Warranties and limitation of liability |
| |
|
| 7.1 |
Except as expressly set out in this Agreement, all warranties, undertakings,
conditions and terms, express or implied, whether by common law, statute,
custom, trade usage, course of dealings or otherwise (including without
limitation as to quality, fitness for purpose, performance or suitability
for purpose) in respect of the Services are hereby excluded to the fullest
extent permitted by law. In particular, but without limitation, you agree
that Bell is not in any way responsible for your performance in any test
or examination, and that Bell cannot guarantee that the contents of its
courses are equivalent to those offered by other education providers. |
| |
|
| 7.2 |
Nothing in this Agreement shall exclude or restrict the liability of
either party to the other for death or personal injury resulting from the
negligent act of one party or for liability for any fraudulent misrepresentation
by a party to these Agreement. |
| |
|
| 7.3 |
Subject to the provisions of clauses 7.2 and 7.4, the liability of either
party to the other in contract, tort or otherwise arising out of or in
connection with this Agreement shall be limited for any one incident or
series of incidents to the greater of either £1,000 or the total amount
of fees paid by you to Bell under this Agreement. |
| |
|
| 7.4 |
Neither party shall be liable to the other under or in connection with
this Agreement whether in contract, tort or otherwise (including negligence)
for any indirect, economic or consequential loss whatsoever for any loss
of business, loss of contracts, loss of profits, loss of use, any deletion
corruption, destruction, loss or removal of data, loss of goodwill or loss
of reputation even if such loss was reasonably foreseeable or one party
had advised the other party of the likelihood of their incurring the same. |
| |
|
| 8 |
General |
| |
|
| 8.1 |
Bell shall not be liable to you for any delay in or for failure
to perform its obligations under this Agreement if that failure is caused
by circumstances beyond Bell's reasonable control including, without limitation,
any act of God, failure or shortage of power supplies, flood, drought,
lightening or fire, strike, lockout or labour dispute, the act or omission
of government, Internet services providers, telecommunication operators,
sub-contractors, or other third parties, war or military operations, or
compliance with any court order. |
| |
|
| 8.2 |
If at any time any provision of this Agreement is or becomes
invalid or illegal in any respect such provision shall be deemed to be
severed from this Agreement but the validity, legality and enforceability
of the remaining provisions of this Agreement shall not be affected or
impaired thereby. |
| |
|
| 8.3 |
Failure by either party to exercise or enforce any right
conferred by this Agreement against the other party shall not be or be
deemed to be a waiver of any such right nor in any way prejudice any right
of that party under this Agreement. |
| |
|
| 8.4 |
In this Agreement, references to the singular include the
plural and vice versa. The headings shall not affect the construction of
this Agreement. |
| |
|
| 8.5 |
This Agreement, together with the terms of use of the Website,
represents the entire agreement in relation to the Services between you
and Bell and supersedes all other agreements and representations made by
either party whether oral or written. In the event of any conflict between
the terms of use and this Agreement the terms of this Agreement shall prevail. |
| |
|
| 8.6 |
The Contract (Rights of Third Parties) Act 1999 shall not
apply to this Agreement and nothing in this Agreement confers or purports
to confer on any third party any benefit or any right to enforce any term
of this Agreement or operates to give any third party the right to enforce
any term of this Agreement. |
| |
|
| 8.7 |
This Agreement shall be governed by and construed and interpreted
in accordance with English law and the parties hereby submit to the non-exclusive
jurisdiction of the English Courts. |
