Learning English with the British Council

2.1
You are entering into a legally binding contract with the British Council, which is incorporated in England and Wales by Royal Charter and registered as a charity (under number 209131 in England and Wales and number SC03773 in Scotland). Its registered office is at 10 Spring Gardens, London, SW1A 2BN.  

The British Council operates in different countries through local branch offices.

2.2
The contract you enter into on these terms and conditions is personal to you and so you cannot assign or transfer any or all of your rights or obligations under these terms and conditions without the prior written consent of the British Council.

2.3
The British Council may assign the contract, or subcontract or delegate the delivery of the course or placement test in any manner to: (i) any separate entity controlled by the British Council; or (ii) any provider of outsourcing or third party services that is engaged under a service contract to provide services to the British Council at the British Council’s sole discretion. 

2.4
For the purposes of these terms and conditions, “you” means the person identified as the course or placement test or consultation participant in the application to attend a course or undertake a placement test or consultation offered through the Portal or otherwise advertised by the British Council  (the “Registration Application”) or, if the participant is under 18 years old, the parent or guardian submitting the Registration Application.

3.1
A Registration Application offer is made by you when:

(a) you submit an application to attend a specified course, placement test or consultation at a particular venue and for a particular date and/or time;
(b) you have agreed to these terms and conditions; and
(c) the British Council or its designated third party payment gateway provider (whichever is the earlier) receives a legitimate payment into its designated bank account, or the British Council otherwise receives such moneys in cash or bank transfer of the relevant funds associated with that course, placement test or consultation. 

3.2
By submitting a Registration Application, you are: 

(a) making an offer to attend the course or placement test or consultation subject to these terms and conditions and any specific additional/alternative terms drawn to your attention by the British Council during the registration process; and
(b) confirming that you are at least 18 years of age.

3.3
A Registration Application may only be submitted by individuals who are at least 18 years old.  Under 18s who would like to make a Registration Application should ask their parent or guardian to make the Registration Application on their behalf and confirm that they agree to these terms and conditions.  

3.4
If you submit your Registration Application: 

(a) through the Portal, then upon receipt by the British Council of the information described in clauses 3.1(a) and 3.1(b) in respect of your Registration Application, you will receive confirmation from the British Council acknowledging that it has received this information and confirming, subject to receipt of payment, the details of the course, placement test or consultation you shall be booked on (the “Acknowledgement”). When payment has been received in accordance with clause 3.1(c) a receipt shall be sent to you via a pop-up message which you can print (“Booking Confirmation”). Such Booking Confirmation shall contain a copy of these terms and conditions;

(b) in person, the British Council representative shall confirm, subject to receipt of payment in accordance with clause 3.1(c), the date, time and location of the course, placement test or consultation you would like to attend (the “Acknowledgement”). The Booking Confirmation shall be given to you or sent to you when payment has been received in accordance with clause 3.1(c). A copy of these terms and conditions will either be given to you in person as part of the Acknowledgement or as part of the Booking Confirmation.

3.5
For the avoidance of doubt, if you undertake a booking online the Contract for that service or product will be deemed to have become legally enforceable when the Booking Confirmation pop-up is sent to you.   

3.6
The Booking Confirmation will be deemed as confirmation of the British Council’s acceptance of your registration for the relevant course or placement test or consultation and this acceptance brings into existence a legally binding contract between you and the British Council on these terms and conditions (the “Contract”). 

3.7
Unless cancelled earlier in accordance with these terms and conditions, the Contract shall terminate once the relevant course or placement test or consultation has been delivered in full, at which point the obligations set out in these terms and conditions shall cease (except for the restrictions on use of course materials set out in clause 12, which will continue forever).

3.8
If you have not received your Booking Confirmation within 72 hours after submitting your Registration Application, please contact the British Council by sending an email to [insert relevant email address].  No place will have been reserved for you until you are sent your Booking Confirmation.

4.1
All prices for courses or placement tests or consultations offered through the Portal will be displayed on the Portal (or notified to you in person, where applicable).  All prices quoted include applicable taxes and charges incurred by the British Council for use of debit or credit cards unless otherwise stated. You may incur additional charges for the use of debit or credit cards from your provider and such charges are in addition to the advertised British Council fee.  Fees may change from time to time, but this will not affect any Registration Application which has been confirmed by a Booking Confirmation.

4.2 Payment by credit or debit card

4.2.1
Payment can be made by credit or debit card as explained in the Registration Application process.  In all cases the British Council 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 the British Council.  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 (if applicable) and this, for the avoidance of doubt, will be the Booking Confirmation.

4.3 Payment by bank transfer

4.3.1
For some courses, placement tests and/or consultations, the British Council is able to accept payment by direct bank transfer.  Where the British Council offers this option, it will be clearly indicated on the Portal (or stated to you in person, where applicable).

4.3.2
The British Council treats payment as confirmation that you are the person authorised to make such bank transfer.  

4.3.3
Where payment is made via bank transfer, it is processed within 72 hours if possible.  

4.3.4
Where you are paying the applicable fee by bank transfer, please note you will be liable for any additional charges made by your bank for use of the bank transfer payment method. Confirmation of transfer of the funds to the British Council’s designated bank account will form the Booking Confirmation.

4.4 Payment by cash or cheque

4.4.1
Where you are submitting your Registration Application in person, the British Council may accept payment of the applicable fee in cash or by cheque. Receipt of such payment (subject to clause 3.1) will form the Booking Confirmation.

4.5
You shall have no right to attend the relevant course, placement test or consultation until the applicable fee has been paid, and until the applicable fee is paid in full the British Council may prevent you from attending all or any part of the course or placement test or consultation, without liability to you.

5.1
The British Council 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 course or placement test start date.  If the British Council cancels the Contract pursuant to this clause 5.1 it shall refund any fees already paid by you in connection with your attendance at the course or placement test or consultation.

5.2
The British Council may also cancel the Contract at any time, without liability to you if:

(a) you fail to pay any sum owing to the British Council in connection with the relevant course or placement test or consultation as required by the payment terms set out in clause 4 above; or
(b) you breach these terms and conditions; or
(c) the British Council is unable to provide the course or placement test or consultation in full due to a reason beyond its reasonable control.

5.3 
If the British Council cancels the Contract under clause 5.2(a) or clause 5.2(b) the British Council shall be entitled to retain (or be paid the balance of, as the case may be) the applicable fee in full.

5.4
If the British Council 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 (ii) (subject to availability) to attend an alternative course or placement test.  If you elect option (ii) and the fee applicable to the alternative course or placement test is greater than the fee applicable to the cancelled course or placement test, 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 course or placement test is lower than the fee applicable to the cancelled course or placement test, the British Council shall refund the difference.

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 the British Council 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 attached model cancellation form, but this is not compulsory.

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 6.1.1 above, the British Council will reimburse to you all payments received from you in respect of the relevant course or placement test or consultation.

6.1.6
The British Council 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
The British Council will make the repayment using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the repayment.  

6.1.8
If you submit your Registration Application on a date that means the course or placement test or consultation start date will occur during the cancellation period described in this clause 6.1, you acknowledge that you are expressly requesting a place on the course or placement test or consultation to begin during the cancellation period and if you subsequently cancel the Contract, you shall be liable to pay the British Council an amount which is proportionate to the services that the British Council has performed in providing the relevant course or placement test or consultation up until you have informed the British Council of your desire to cancel the Contract.

6.1.9
You have no right to cancel after attending the relevant course or placement test or consultation.

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 your local British Council centre – please contact your local British Council centre to explain why you would like to cancel the Contract and to see if the centre will accept the cancellation.

7.1
The British Council will ensure that each course, placement test or consultation is delivered in all material respects as described on the Portal or otherwise. However, the British Council shall be entitled to make variations to the content and delivery of any course, placement test or consultation where those variations do not alter the course, placement test or consultation materially.

7.2
If you wish to transfer to a different course after you have begun the course specified in your Registration Application because you believe that the level of the course you have begun is not appropriate for you, please contact the British Council and explain this.  Where the British Council agrees that the level of the course you have begun is not appropriate for you, the British Council will use its reasonable efforts to transfer you to a different course (subject to availability) at no additional charge.

8.1
The British Council applies the UK Data Protection Act 1998 to all of its global operations unless the local equivalent law is stronger.

8.2
The UK Data Protection Act works in two main ways.  It gives individuals rights over how their personal information is used and sets out rules for organisations that handle personal information.

8.3 The British Council will:

(a) use the personal information that you provide to: 

(i) organise and administer the specific British Council course you have selected including but not limited to facilitating the payment by you of the relevant test, consultation or course through a designated third party secure payment provider; 
(ii) send you information regarding activities, courses, seminars and events organised by the British Council electronically or in any other form, provided that you have not opted out of this; and
(iii) request your opinion of the British Council’s products and services, provided you have not opted out of this;

(b) protect the personal information it is given and make sure that only those who need access to the personal information are able to access it; and

(c) only share the information within the British Council, with organisations that process payments for courses, placement tests and consultations on behalf of the British Council, and with other organisations where such sharing is necessary for a fair and lawful purpose or where we have the individual’s consent.

8.4
You should be aware that only the data which is strictly necessary for the administration of your British Council course in which you or your child (under 18 years) is registered will be held by the British Council.

Accessing your personal information

8.5
Under the UK Data Protection Act any individual has the general right to ask for a copy of the personal information held about them.  This means that you can ask for the information that the British Council holds about you.  This is known as the right of ‘subject access’.  When making a request you will need to give us: 

(a) a request in writing, 
(b) a £10.00 fee;
(c) proof of your identity and your address; and 
(d) any information that the British Council reasonably needs to process the request (for example details of the British Council offices or staff that you have had contact with and when). 

8.6
The British Council will not start looking for your information until it has received all of the above.  In order to submit your request, or for help making a request, please contact the Data Protection Officer at Dataprotection@britishcouncil.org.  Although you should submit a request in writing, if you would like to speak to someone in person, you can contact the British Council by telephone on +44(0)20 7389 3172.

9.1
The British Council seeks to ensure equal opportunities are provided to all individuals.

9.2
If you have a disability or special need, the British Council will make reasonable adjustments to make sure that you have, as far as is reasonable, the same access to everything that is involved in participating on the relevant course or placement test as a person without a disability or special need.

9.3
Please provide the British Council with details of your disability and special needs as soon as possible (ideally at least 8 weeks before the relevant course or placement test start date). 

10.1
The British Council believes that all children have potential and that every child matters – everywhere in the world.  The British Council affirms the position that all children have the right to be protected from all forms of abuse as set out in article 19, UNCRC 1989.

11.1 You must: 

(a) at all times behave with honesty, integrity and show courtesy, consideration and respect to others; 

(b) prepare for the British Council course or placement test or consultation as reasonably required by the British Council; 

(c) attend all sessions and other activities which form part of the British Council course or placement test (subject to absence for medical or other agreed reasons) and participate fully in group work when required; and 

(d) respect the confidentiality of all information that you acquire during the course of your participation in the British Council course or placement test.

11.2
The British Council reserves the right to refuse admission or to require you to leave a course or placement test session if your behaviour is considered disruptive, likely to cause damage, nuisance, offence or injury, is in breach of venue rules and regulations or these terms and conditions, or is otherwise unacceptable.  The British Council may on occasion have to conduct security searches to ensure the safety of delegates and the venue (and you hereby consent to this).  The unauthorised use of photographic and recording equipment is prohibited.

12.1
The copyright and all other intellectual property rights in all British Council course materials and placement test materials and consultation materials and the specifications shall remain the sole and exclusive property of the British Council and its licensors.  You undertake that you will not copy or permit the copying of British Council course materials or placement test materials or consultation 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.

12.2
The British Council agrees to grant to you a non-exclusive royalty free licence to use the British Council course materials or placement test materials or consultation materials (as applicable) for the purposes of your study and research but not for commercial purposes.

13.1
Nothing in these terms and conditions shall limit or exclude the British Council’s liability for death and/or personal injury caused by the negligence of the British Council or its employees, agents or subcontractors, for fraudulent misrepresentation and any other liabilities which cannot as a matter of law be limited and/or excluded.

13.2
Subject to clause 13.1, the British Council cannot accept responsibility and expressly excludes liability for any loss or damage to your property that occurs whilst you are at the British Council course or placement test or consultation. You should take particular care not to leave mobile phones, blackberry/iPhones/iPads or laptops unattended at any time. Furthermore, the British Council shall under no circumstances whatever be liable to you, whether in contract, tort, breach of statutory duty or otherwise, for any loss of profit, loss of business, pure economic loss, or any indirect or consequential loss arising under or in connection with the Contract.

13.3
Subject to clauses 13.1 and 13.2, the British Council's liability under or in connection with the Contract shall be limited to a sum equal to the applicable fee payable for your attendance at the British Council course or placement test or consultation.

14.1
These terms and conditions, together with the Registration Application, Acknowledgement, Booking Confirmation and any documents referred to in these terms and conditions, constitute the entire agreement between you and the British Council in relation to your participation in the British Council course or placement test or consultation.  You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the British Council which is not set out in the Contract and you hereby waive your right to rely upon the same.  However, nothing in these terms and conditions purports to exclude liability for any fraudulent statement or act.

14.2
These terms and conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

15.1
A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

16.1
If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.

17.1
Subject to any mandatory laws applicable within the jurisdiction in which the course or placement test or consultation is carried out, the laws of England apply to the Contract and any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims). For the avoidance of doubt, this Contract if concluded electronically is deemed to have been formed in England.

17.2
The British Council hopes to make your experience of dealing with the British Council an excellent one and welcomes your comments, suggestions and details of satisfaction or dissatisfaction.  If you have any comments or complaints in relation to the Contract, please refer to the comments and complaints page of the British Council’s website (http://www.britishcouncil.org/contact/about-customer-services) and follow the procedure set out there.

17.3
If a complaint, dispute or claim cannot be resolved through discussions between you and the British Council, the courts of England will have non-exclusive jurisdiction over any claim arising from, or related to, these terms.  This means that all claims relating to these terms can be settled by a judge (or a number of judges) in an English court.  However, the British Council retains the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

18.1
If you have any questions, comments or enquiries about these terms and conditions or a British Council course, placement test or consultation, please contact us by [insert details of how to contact the British Council].

19.1
The British Council may contact you or provide a notice referred to in these terms and conditions through the Portal or by sending you an email to the nominated email address included in your Registration Application.

20.1 Online

20.1.1
By clicking on the “I Accept” check box online you are confirming your agreement to be bound by these terms and conditions.  The legally binding Contract will come into existence when you receive your Booking Confirmation (as explained in clause 3 above).  

20.2 In person

20.2.1
By signing a paper copy of these terms and conditions, you are confirming your agreement to be bound by these terms and conditions.  The legally binding Contract will come into existence when a representative of the British Council acknowledges receipt of your payment.