Terms and Conditions
Conditions of sale for learning English with B.English
Applicable to consumers for English language placement tests, English language consultations and English language courses delivered in person, virtually, or in a blended format by B.English.
Part 1: the general terms and condition about these conditions of sales
1.1 These Conditions of Sale apply to any contract between you and B.English in respect of your participation on an English language course (including online self -access or blended learning courses) or in a placement test or English language consultation offered by B.English. These placement tests, consultations and/or courses (including face to face, virtual or blended delivery methods) which includes any associated hard or soft copy materials if applicable (collectively referred to as the “English Language Products”) may be delivered in person, virtually, or in a blended format. Further information about the format of the delivery of the relevant Product to you (including the technical specifications that your computer or mobile device will require in order to access digital content) can be found on our Portal or in other relevant marketing materials.
1.2 Please read the Conditions of Sale carefully before booking or purchasing any English Language Product through B.English’s online system (the “Portal”) or in person.
1.3 These General Terms and Conditions may be amended by applicable special terms and conditions which relate to our operations in a particular specified jurisdiction and are set out in Part 3 below (the Special Terms and Conditions”) and/or any additional terms and conditions which relate to a particular product, service or virtual download/material which are set out in Part 2 (Terms and Conditions of Use of Digital Services) below and Part 4 below (the Additional Terms and Conditions”). The General Terms and Conditions, the Terms and Conditions of Use of Digital Services, the Special Terms and Conditions, and the Additional Terms and Conditions are collectively referred to here as the “Conditions of Sale”). In the event of any conflict between the General Terms and Conditions, the Terms and Conditions of Use of Digital Services, the Special Terms and Conditions and the Additional Terms and Conditions the following will apply in order of priority: (i) the Additional Terms and Conditions, (ii) the Special Terms and Conditions, (iii) the Terms and Conditions of Use of Digital Services and (iv) the General Terms and Conditions.
1.3 Please note that before booking and/or paying for an English Language Product offered through the Portal or otherwise you will be asked to accept the Conditions of Sale (either online or in person). By clicking on the “I Accept” or “Accept and Pay”, as the case may be, checkbox online (if you are submitting your application online) or signing a paper copy of the Conditions of Sale (if you are submitting your application in person), you are confirming your agreement to be bound by these Conditions of Sale. If you do not want to accept the Conditions of Sale, you will not be able to attend or otherwise access an English Language Product offered by B.English.
.2. About B.English and your contract
2.1 The contract you enter into on these Conditions of Sale is personal to you and so you cannot assign or transfer any or all of your rights or obligations under these Conditions of Sale without the prior written consent of B.English.
2.2 B.English may assign or otherwise transfer the Contract (in whole or in part), or subcontract or delegate the delivery of the English Language Product in any manner at its sole discretion to: (i) any separate entity controlled by t B.English or otherwise forms a part of B.English group of entities; or (ii) any provider of outsourcing or third party services that is engaged under a service contract to provide services to B.English.
2.3 For the purposes of these Conditions of Sale, “you” means the person identified as the participant associated with the English Language Product in the application to attend or otherwise access an English Language Product offered through the Portal or otherwise advertised by B.English (the “Registration Application”) or, if the participant is under 18 years old, the parent or guardian submitting the Registration Application.
3. How to book and pay
3.1 For the avoidance of doubt, if you undertake a booking online the Contract for that English Language Product will be deemed to have become legally enforceable when the Booking Confirmation pop-up, email, or other form of electronic notification is sent to you.
3.2 The Booking Confirmation will be deemed as confirmation of B.English’s acceptance of your registration for the relevant English Language Product and this acceptance brings into existence a legally binding contract between you and B.English on these Conditions of Sale (the “Contract”).
3.3Unless cancelled earlier in accordance with the Conditions of Sale, the Contract shall terminate once the relevant English Language Product has been delivered in full, at which point the obligations set out in the Conditions of Sale shall cease (except for the restrictions on use of course materials set out in clause 11, which will continue forever).
4. How to pay
4.2.1 Payment can be made by credit or debit card as explained in the Registration Application process. In all cases B.English treats payment as confirmation that you are the person authorised to use such credit card or debit card and that you are over the age of 18 years.
4.2.2 Payments by credit or debit card are processed immediately via a third party payment processor over a secure link. No card details are held by B.English. Where you make a payment online, you will receive a receipt of payment for all credit or debit card payments by e-mail or a pop-up in your Portal account or other form of electronic notification (as applicable) and this, for the avoidance of doubt, will be the Booking Confirmation.
5. cancellation by B.English
5.1 B.English may cancel the Contract by giving you notice in writing (whether by email or otherwise) for any reason at any time prior to the relevant English Language Product start date (including prior to you first accessing for the first time any self –access product, or other online English Language Product. If B.English cancels the Contract pursuant to this clause 5.1 it shall refund any fees already paid by you in connection with the relevant English Language Product.
5.2 B.English may also cancel the Contract at any time, without liability to you if:
(a) you fail to pay any sum owing to B.English in connection with the relevant English Language Product as required by the payment terms set out in clause 4 above; or
(b) you breach the Conditions of Sale; or
(c) B.English is unable to provide the relevant English Language Product in full due to a reason beyond its reasonable control.
5.3. If B.English cancels the Contract under clause 5.2(a) or clause 5.2(b) B.English shall be entitled to retain (or be paid the balance of, as the case may be) the applicable fee in full.
5.4 If B.English cancels the Contract under clause 5.2(c) you shall be entitled to elect either: (i) to receive a full refund of the applicable fee;(ii) (subject to availability) to attend/access an alternative equivalent English Language Product If you elect option (ii) and the fee applicable to the alternative equivalent English Language Product is greater than the fee applicable to the cancelled English Language Product, you shall be obliged to pay the difference in accordance with clause 4. If you elect option (ii) and the fee applicable to the alternative equivalent English Language Product is lower than the fee applicable to the cancelled English Language Product, B.English shall refund the difference. You must notify B.English in writing (including email), of your preferred option within fourteen (14) calendar days from you being notified by B.English that the relevant English Language Product has been cancelled.
6. cancellation by you
6.1 B.English may cancel the Contract by giving you notice in writing (whether by email or otherwise) for any reason at any time prior to the relevant English Language Product start date (including prior to you first accessing for the first time any self –access product, , or other online English Language Product. If B.English cancels the Contract pursuant to this clause 5.1 it shall refund any fees already paid by you in connection with the relevant English Language Product.
6.2 B.English may also cancel the Contract at any time, without liability to you if:
(a) you fail to pay any sum owing to B.English in connection with the relevant English Language Product as required by the payment terms set out in clause 4 above; or
(b) you breach the Conditions of Sale; or
(c) B.English is unable to provide the relevant English Language Product in full due to a reason beyond its reasonable control.
5.3. If B.English cancels the Contract under clause 5.2(a) or clause 5.2(b) B.English shall be entitled to retain (or be paid the balance of, as the case may be) the applicable fee in full.
5.4 If B.English cancels the Contract under clause 5.2(c) you shall be entitled to elect either: (i) to receive a full refund of the applicable fee; or (Please note that B.English cannot make payments to banks sanctioned by the UK or any other relevant jurisdiction. If you request a refund to be sent to an account at a sanctioned bank, you will be asked to nominate an alternative method of payment that does not breach sanctions)(ii) (subject to availability) to attend/access an alternative equivalent English Language Product If you elect option (ii) and the fee applicable to the alternative equivalent English Language Product is greater than the fee applicable to the cancelled English Language Product, you shall be obliged to pay the difference in accordance with clause 4. If you elect option (ii) and the fee applicable to the alternative equivalent English Language Product is lower than the fee applicable to the cancelled English Language Product, B.English shall refund the difference. You must notify B.English in writing (including email), of your preferred option within fourteen (14) calendar days from you being notified by B.English that the relevant English Language Product has been cancelled.
6. Cancellation by you
6.1 Cancellation within the 14 day cancellation period
6.1.1 You may cancel the Contract within 14 days after receiving your Booking Confirmation without giving any reason.
6.1.2 The cancellation period will expire after 14 days from the day after you receive your Booking Confirmation.
6.1.3 To exercise the right to cancel, you must inform B.English of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post or an email) You may use the model cancellation form
6.1.4 To meet the cancellation deadline, it is sufficient for you to send your cancellation statement before the cancellation period has expired.
Effect of cancellation
6.1.5 If you cancel the Contract within the 14 day cancellation period noted in clause above, B.English will reimburse to you all payments received from you in respect of the relevant English Language Product.
6.1.6 B.English will make the repayment without undue delay, and not later than 14 days after it is informed about your decision to cancel the Contract.
6.1.7 B.English will make the repayment to the same payment card for online payments. All other repayments will normally be made by bank transfer.
6.1.8 You have no right to cancel after attending or accessing in full or in part the relevant English Language Product. For the avoidance of doubt, in relation to self-access online you will be deemed to have accessed the whole product once you have accessed the first module digitally
6.2 Cancellation after the 14 day cancellation period
6.2.1 After the cancellation period referred to in clause 6.1 above has expired, you have no automatic right to cancel the Contract. Any cancellation of the Contract after this period will need the approval of B.English centre – please contact B.English centre to explain why you would like to cancel the Contract and to see if the centre will accept the cancellation.
7. Your Obligations
7.1 You must:
(a) at all times behave with honesty, integrity and show courtesy, consideration and respect to others when participating on an English Language Product;
8. Intellectual Property
8.1 The copyright and all other intellectual property rights in all B.Eng;oish Language Product materials shall remain the sole and exclusive property of B.English and its licensors. You undertake that you will not copy or permit the copying of British Council English Language Product materials or distribute any of these materials via internet or intranet, or disclose or permit the disclosure or sell or hire the same to third parties.
8.2 B.English agrees to grant to you a non-exclusive royalty-free licence to use the relevant British Council English Language Product materials for the purposes of your study and research in relation to the English Language Product you are booked on but not for commercial purposes.
9. Agreement to Conditions of Sales
9.1 Online:
By clicking on the “I Accept” or “Accept and Pay”, as the case may be, checkbox online you are confirming your agreement to be bound by the Conditions of Sale. The legally binding Contract will come into existence when you receive your Booking Confirmation