Website terms and conditions of use
This section sets out the terms and conditions for your use of the website located at www.bcu.ac.uk; and any services made available through the "Website". If you do not accept these Website Terms, do not use the Website.
The Website is operated by Birmingham City University ('the University'), whose main office is at:
15 Bartholomew Row
The University may revise these Website Terms at any time by updating this posting. You should visit this page periodically to review these Website Terms as they are binding on you. Your continued use of the Website indicates your agreement to all such revised Website Terms.
1. Use of Website material
1.1 Except where expressly stated otherwise, all information and material published on the Website (the "Material") is owned by or licensed to the University. The Material is protected by copyright laws and other intellectual property rights (IPR) under both English and foreign laws. Unauthorised use of the Material may violate University and third-party IPR.
1.2 You may print off and download extracts of the Material for your personal, non-commercial use only, provided that the University's status (and any identified contributor's status) as authors of the Material is acknowledged. Any other use of the Material requires the prior written permission of the University (See clause 11).
2. Reliance on Material posted on the Website
2.1 The Website and Material are provided on an "as is" basis without any warranties of any kind. The University and its suppliers, to the extent permitted by law (and subject to Clause 2.5), disclaim all warranties, including (but not limited to) the warranty of merchantability, non-infringement of third parties' rights, and the warranty of fitness for a particular purpose.
2.2 The University makes no representations about the accuracy, reliability, completeness or timeliness of the Material or the Website and disclaims all liability and responsibility arising from any reliance by you on the Website and the Material. The use of the Website and the Material is entirely at your own risk.
2.3 Subject to Clause 2.5, the University will not be liable for any increased costs or expenses, loss of profit, business, contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Materials, the Website or of any error or defect in either of the performance, non-performance or delayed performance of any services provided to you through the Website.
2.4 The University does not warrant that the Website will be continuously available to you at any time, operate error-free or that the Website and its server will be free of computer viruses and other harmful code. Changes are periodically made to the Website and may be made at any time. The University has no obligation to maintain any Material or any services made available at any time through the Website.
2.5 Nothing in these Website Terms will exclude or limit the University's liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
3. Links to other web sites
3.1 The Website may contain links to third-party websites. The University has no control over the contents of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
4. Submitting content to the Website
4.1 You are solely liable for any material you publish, display or transmit via the Website. In submitting any material to the Website you agree to indemnify and keep indemnified, the University, its partners, officers and employees from and against any and all claims, liability, costs, damage, other expenses or loss (including legal fees) arising as a result of any material you publish, display or transmit via the Website, your use or misuse of this Website and the Material or any breach by you of these Website terms.
4.2 The University reserves the right at its sole discretion to remove, or disable access to, any material which it deems to be potentially objectionable to or defamatory of any person, unlawful, threatening or in violation of any third-party rights or any other part of these Website Terms. The University will not be responsible as author, editor or publisher of any material published, displayed or submitted to the Website by any third party and to the fullest extent permitted in law, expressly excludes its liability for any loss or damage arising from the communication of such material through the Website.
4.3 By submitting any material to the Website, you agree to grant the University an irrevocable, free of charge, non-exclusive, worldwide, perpetual licence to use such material for any purpose.
5. Acceptable use policy (the "AUP")
5.1 This AUP applies to any and all material you publish, display or transmit via the Website.
You may not use the Website to:
- Publish, display or transmit material which is defamatory of any person, obscene, offensive, hateful, malicious, menacing, inflammatory, fraudulent, creates a risk to a person's safety or health or which involves theft, fraud, drug-trafficking, money laundering, terrorism or is otherwise illegal.
- Promote illegal activity, violence or sexually explicit material; or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Engage in illegal, abusive or irresponsible behaviour or to harass, upset, embarrass, alarm or annoy any other person.
- Disclose the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any individual without their express permission.
- Infringe any copyright, database right, trademark or other IPR of any other person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence, or be in contempt of court.
- Impersonate any person (or member of University staff), collect information by deceit, or misrepresent your identity or affiliation with any person, the University or its staff.
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- Send unsolicited emails, advertising/promotional material ("spam") or bulk commercial email.
5.2 You must not misuse the Website by knowingly introducing any virus, other contaminating program or material which is malicious or technologically harmful. Furthermore, you must not attempt to gain unauthorised access to the Website, or interfere with, damage or disrupt any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of the Website; or, any equipment or network or software owned or used by any third party.
6. Breach of Acceptable Use Policy
6.1 If the University considers that a breach of the AUP at Clause 5 or any other part of these Website Terms has occurred, it may at its own discretion take such action as it deems appropriate, including any or all of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Website.
- Immediate, temporary or permanent removal of any material already posted.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach.
- Disclosure of such information to law enforcement authorities as the University feel is necessary or as required by law.
6.2 To the extent permitted by law, the University excludes its liability for all action it may take in response to breaches of the AUP and these Website Terms. The actions described above are not limited, and the University may take any other action as it reasonably deems appropriate.
7. Use of copyright material
7.1 You may not use the Website to download, publish, distribute, or otherwise copy any text, music, software, art, image or other work protected by copyright law unless:
1) You have been expressly authorised by the owner of the copyright for the work to copy the work in that manner; or
2) You are otherwise permitted by copyright law to copy the work in that manner.
8.1 If you wish to complain about any material published, displayed on, or transmitted to you via the Website please contact us at firstname.lastname@example.org. We will then review the material and decide whether it complies with our AUP. We will deal with any material which, in our opinion, violates our AUP or these Website Terms, and will remove any offending content and/or take such other action as we deem appropriate.
10. Law and jurisdiction
10.1 These Website Terms and your use of the Website and the Materials will be governed by English law. Any dispute arising from or related to your use of the Website or the Materials shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
11. Contact information
11.1 The University welcomes any queries, comments or requests you may have regarding these Website Terms. Please contact the University by email at the following address email@example.com.
Conditions relating to course information
The University's prospectuses and web pages are intended as a general guide to the University's courses and facilities and form no part of any contract between you and the University, except as provided below.
The prospectuses and web pages are prepared in advance of the academic year to which they relate. Although reasonable steps are taken by the University to provide the courses and services described, the University cannot guarantee the provision of any course or facility. Any course may be altered or withdrawn owing to circumstances beyond the University's control. Such circumstances include (but are not limited to) industrial action, lack of demand, departure of key personnel, change in Government policy, withdrawal or reduction of funding, change of Law.
Enrolment at the University is subject to your acceptance of the conditions of enrolment, which include (but are not limited to) your agreeing to be bound by the University's regulations.
Terms and conditions
The University would like to draw your attention to the following important terms
- Birmingham City University undertakes to take all reasonable steps to provide the educational and other related services in the manner set out in the prospectus, the website and other published information. The University cannot, however, guarantee the provision of such services where circumstances occur which are outside of the University’s control. This could include industrial action, civil commotion, severe weather conditions, changes in the law and/or actions taken by a government or public authority, damage or destruction to the University’s buildings or facilities, failure by the University’s suppliers or sub-contractors, or interruption or failure of utility service providers.
- If such circumstances occur which interfere with the University’s ability to provide services, the University will take all reasonable steps to minimise the disruption to these services. However, under such circumstances, the University cannot guarantee the maintenance of services and will not be liable to you for events outside of its control which it could not have foreseen or prevented even if it had taken reasonable care.
- The decision the Birmingham City University takes about your application is made on the basis of the information that you have provided on your application form. If we find that you have made a false statement, or have left out significant information, we reserve the right either to withdraw or amend our offer. Similarly, the decision that Birmingham City University makes about your fee status (whether you pay Home or Overseas fees) is taken on the basis of the information that you have provided. If we find that you have made a false statement, given ambiguous information or have left out significant information, we reserve the right to amend your fee status or withdraw our offer.
- The University welcomes comments on its courses from students' parents and sponsors. However, the University's contracts with its students do not confer benefits on third parties for the purposes of the Contracts (Rights of Third Parties) Act 1999.
Under the terms of the Data Protection Act 1998 Birmingham City University undertakes to process any data collected from this profile in a responsible manner. Specifically, it will process any personal data in print or electronic media (including the internet) fairly, for the purposes of promoting and marketing activities. The University will ensure the accuracy and currency of data; documented timescales will be applied to the retention of information held in this connexion.
The University does not share the information collected you have provided with any third parties, except research agencies or service providers, to assist with or carry out research and provide statistical information, by means of, for example, conducting telephone surveys or delivering email, direct mail or text messages on the University's behalf. The University ensures such agencies handle information in accordance with the Data Protection Act.
It is your right at anytime to view copies of data held by the University in relation to you. Appropriate measures shall also be taken against accidental loss or damage to your personal data, by means of permissive access to the database. The data shall not be transmitted outside the European Economic Area.
Should you have any query regarding Data Protection Act issues, please contact the Information Management Team, firstname.lastname@example.org, +44 (0)121 331 5288.
Freedom of Information
For information relating to the Freedom of Information Act 2000 Publication Scheme, please click on the following link: Freedom of Information act publication scheme.
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