Terms and Conditions

BACKGROUND

This agreement applies between you, the User of this Website and BSMimpact the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. Please read these Terms and Conditions carefully and ensure that you understand them. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Facilities” means collectively any online facilities, tools, services or information that BSMimpact makes available through the Website either now or in the future;

“Services” means the services available to you through this Website, specifically booking training courses and/or Skills Assessments;

“Payment Information” means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Premises” Means Our place(s) of business located at 17 Langhams Way, Wargrave, Berkshire, RG10 8AX United Kingdom;

“System” means any online communications infrastructure that BSMimpact makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Website and is not employed by BSMimpact and acting in the course of their employment;

“Website” means the website that you are currently using www.bsmimpact.com and any sub-domains of this site (e.g. subdomain.bsmimpact.co.uk) unless expressly excluded by their own terms and conditions; and

“We/Us/Our” means BSMimpact and its affiliated companies around the world; 

BSM impact Limited, registered in England and Wales, Company Number 3611271. Registered Office: 17 Langhams Way, Wargrave, Berkshire, RG10 8AX United Kingdom.

BSM impact PTY Ltd registered in Australia, ABN 53 607 566 067 ACN 607 566 067. Registered Office: 7 Winton Street, Warrawee, NSW  2074, Australia

BSM impact PTY Ltd, registered on the Overseas Company Register 5783445, NZBN 9429041947050. Registered Office: Level 2, 142 Broadway, Newmarket, Auckland, New Zealand, 1023

BSM impact Inc. Company Number 2017-000770459. Registered Office: 30 N Gould St Ste R, Sheridan, Wyoming, USA. WY 82801

“Working Day”  means a measurement of time that typically refers to any day in which normal business is conducted. This is generally considered to be Monday through Friday from 9am to 5pm local time, and excludes weekends and local public holidays.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of BSMimpact, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of BSMimpact or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.bsmimpact.com without our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@bsmimpact.com.

8.1 You may link to Our Site provided that:

  1. You do so in a fair and legal manner;
  2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
  3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
  4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

8.2 You may link to any page of Our Site provided you comply with the remainder of this Clause 8.
8.3 Deep-linking to other pages requires Our express written permission.

8.4 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at info@bsmimpact.com for further information.

8.5 You may not link to Our Site from any other site the main content of which contains material that:

  1. is sexually explicit;
  2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
  3. promotes violence;
  4. promotes or assists in any form of unlawful activity;
  5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
  6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  7. is calculated or is otherwise likely to deceive another person;
  8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
  9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.5);
  10. implies any form of affiliation with Us where none exists;
  11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
  12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9. Use of Communications Facilities

9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

9.1.1 You must not use obscene or vulgar language;

9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 You must not submit Content that is intended to promote or incite violence;

9.1.4 It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;

9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.1.6 You must not impersonate other people, particularly employees and representatives of BSMimpact or Our affiliates; and

9.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2 You acknowledge that BSMimpact reserves the right to monitor any and all communications made to Us or using Our System.

9.3 You acknowledge that BSMimpact may retain copies of any and all communications made to Us or using Our System.

9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

 

10. Clause Removed – Not applicable

11. Clause Removed – Not applicable

 

12. Services, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from BSMimpact correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.

12.2 Where appropriate, you may be required to select the required Services.

12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, we will contact you by email, detailing the change, and requesting whether you wish to proceed with the order. If you do not wish to proceed then the order will be cancelled and any monies refunded within 30 calendar days.

12.6 Prices for products in the Website shop exclude VAT, which is applied where appropriate during the checkout process. Prices for training courses shown elsewhere on the Website include VAT or GST where applicable.  BSM Impact Limited’s VAT number is GB 719 1527 32, BSM Impact PTY Ltd’s (Australia) GST ABN number 53 607 566 067, BSM Impact PTY Ltd’s (New Zealand) GST IRD number 117 743 152

12.7  Payment terms will be as specified within the service specific Terms and Conditions and where specified the local currency and tax will apply. 

 

13. Orders and Provision of Services

13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between BSMimpact and you.

13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

13.2.3 Relevant times and dates for the provision of the Services;

13.2.4 Please see Service Specific Information.

13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 30 calendar days.

13.4 Payment for the Services shall be taken via your chosen payment method as indicated in the order confirmation.

13.5 Provision of Services shall commence within, Please see Service Specific Information, as indicated in the order confirmation. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.

13.6 BSM Impact Limited shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within 7 days.

13.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

 

14. Cancellation of Orders and Services

14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between BSM Impact Limited and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the Cancel Order form. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.

14.2 As specified in sub-Clause 13.5, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:

14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete and shall be subject to the specific terms governing those Services.

14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services and shall be subject to the specific terms governing those Services

14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

14.4 For EU customers, In accordance with the Alternative Dispute Resolution Regulations 2015 our contact email address is Info@bsmimpact.com and the link to the Online Dispute Resolution (ODR) site is http://ec.europa.eu/consumers/odr/  

 

15. Privacy

15.1 Use of the Website is also governed by Our Privacy Policy and Cookie Policy which are incorporated into these Terms and Conditions by this reference. To view the Privacy and Cookie Policies, please click on the associated link above.

15.2 The Website may place cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these Terms and Conditions, you are giving consent to BSM Impact Limited to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

15.3 If you wish to opt-out of Our placing cookies onto your computer or device, or you may wish to delete cookies which have already been placed, please follow the advice within the Privacy Policy.

 

16. How We Use Your Personal Information (Data Protection)

16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

16.2 We may use your personal information to:

16.2.1 Provide Our Services to you;

16.2.2 Process your payment for the Services; and

16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

16.4 We will not pass on your personal information to any other third parties, other than our advisors or those involved in the provision of the services, without first obtaining your express permission.

 

17. Disclaimers

17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

17.5 Any email messages, including attachments, are intended for the named addressee only and may contain confidential or proprietary information. Access to its contents and any review, retransmission, dissemination, copy, disclosure of all or any part of this message/advertisement or its contents, or taking, or omitting to take, any other action in reliance upon the content by anyone other than the intended recipient is unauthorized. If you are not the intended recipient, notify the sender immediately and delete this email from your computer systems.

17.6 BSMimpact cannot guarantee that email messages are secure or free

of errors or viruses, nor does it accept any responsibility for, its late delivery, non-delivery or incorrect delivery for whatever reason or its effect on electronic devices of the recipient.

 

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

19. Availability of the Website

19.1 The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website or Facilities will be free of defects and / or faults. To the maximum extent permitted by law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

20. Limitation of Liability

20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.

20.2 Nothing in these Terms and Conditions excludes or restricts BSMimpact’s liability for death or personal injury resulting from any negligence or fraud on the part of BSMimpact.

20.3 Nothing in these Terms and Conditions excludes or restricts BSMimpact’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and BSMimpact.

 

24. Communications

24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to sfia@bsmimpact.com

Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a Working Day and on the next Working Day if the email is sent on a weekend or public holiday.

24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in any email which you receive from Us.

 

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and BSM Impact Limited shall be governed by and construed in accordance with the Law of England and Wales and BSM Impact Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

26. Viruses, Malware and Security

26.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in Clause 20.

26.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

26.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

26.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

26.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

26.6 By breaching the provisions of sub-Clauses 26.3 to 26.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.