TERMS AND CONDITIONS
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The BA Guide (“we,” “us” or “our”), concerning your access to and use of the TheBAGuide.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
Last Updated: September 4, 2020
1. ONLINE COURSE PROVIDER
1.1 The Online Courses are provided by The BA Guide (hereinafter referred to as “The BA Guide”, “we” or “us”), a sole proprietor of Wisconsin, with its mailing address of PO Box 15 Neenah, WI 54956.1.2 We will provide Online Courses using reasonable care and skill.1.3 We may appoint independent subcontractors to assist in providing Online Courses or use third parties to arrange or supply certain aspects of, or services in connection with, our Online Courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third party suppliers to provide intelligent services related to the Online Courses. You agree that The BA Guide is not responsible for the actions or omissions of such sub-contractors or third party suppliers.
2.1 Capitalized terms used herein (and not otherwise defined) have the following meanings: “Additional Study Materials” means any Online Study Materials or Physical Study Materials not included in the Course Fee. “Brochure” means any online or hard copy material produced by The BA Guide that provides detailed information concerning the Online Courses; “Course Fee” means the fee payable for an Online Course but excludes any delivery charges payable concerning the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable; “Course Materials” means the materials provided by The BA Guide in the course of the delivery of any Online Course, which may be (i) Online Study Materials and/or (ii) Physical Study Materials; “Online Course” means either an On-Demand Online Course or a Scheduled Online Course provided by The BA Guide; “Online Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, PNGs, XLSXs, DOCXs, “Physical Study Materials” means any material in a physical format, including, but not limited to, DVDs, CD Rom, Blu-ray, and Audio CDs; “Terms and Conditions of Website Use” means the terms and conditions according to which you may access the Website and which can be found [here]. “Website” means www.thebaguide.com or any other domain operated by The BA Guide; and “you” means the individual purchasing the Online Course.
2.2 The use of singular words herein also include the plural.
3. PURCHASING AND CONFIRMATION
3.1 To purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.
3.2 When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms.
3.3 A legally binding agreement shall only come into existence once: (a) The BA Guide has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with details to access the Online Course, along with log on details (if applicable); and (b) The BA Guide has received from you (or on your behalf) either the entire Course Fee in cleared funds.
3.4 The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.
3.5 You must check the details on the order confirmation email when you receive it. If there are any errors please contact us immediately per Clause 18.
3.6 Where your order consists of multiple Online Courses, each Online Course will be treated by The BA Guide as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by The BA Guide of your offer to purchase any other Online Courses which make up your order.
3.7 We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise and we will return any payment accompanying your purchase offer.
3.8 Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website and/or in any Brochure.
4.1 The Course Fee for any Online Course at any given time and any additional delivery charges payable concerning the delivery of Course Materials, if applicable, will be displayed on the Website and/or in a Brochure and/or will be notified to you by a The BA Guide customer services representative.
4.2 All amounts are payable in United States Dollars (USD). The prices quoted in the cart are inclusive of VAT. Any currency conversion costs or other charges incurred in making a payment shall be borne by you and shall not be deductible from the amounts due to The BA Guide.
4.3 Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable either: (a) with a one-off lump-sum payment, payable with your purchase offer; or (b) in installments, with payments being due at certain times over a set period, as specified on the Website and/or in a Brochure and/or as notified to you by a The BA Guide customer services representative, with the first installment being payable with your purchase offer. Subsequent installments will be automatically deducted from the debit/credit card you used to pay for the first installment.
4.4 By choosing to pay the Course Fee in installments per Clause 4.3(b), you agree that: (a) it is your responsibility to ensure that the installment payments are made on the due dates; (b) The BA Guide and/or its service providers are authorized to collect the installment payments from the debit/credit card you used to pay for the first installment when such installments become due and payable; (c) should you need to change your credit/debit card or if your debit/credit card expires or is no longer valid you will make necessary updates to your debit/credit card on the Website before your next installment becoming due and payable; (d) any failure to make payment of an installment when due and payable constitutes a breach of the Contract and: (i) unless otherwise agreed in writing by The BA Guide, will result in you losing the right to pay by installments and all outstanding installment amounts will become immediately due and payable; and
(ii) without prejudice to any other rights it may have, The BA Guide may suspend or cancel your access to the Online Course until the remaining installment amounts are paid in full; (e) subject to Clause 5.2, where The BA Guide takes action under Clause 4.4(d)(ii), you will not be entitled to a refund of any amount already paid; and (f) if you cancel your order per Clause 5.1 or Clause 5.2, you shall only be entitled to a refund of any amount paid before such cancellation.
4.5 The option of paying the Course Fee in installments is offered subject to availability. Acceptance of your offer to purchase the Online Course and pay the Course Fee by installments is at the sole discretion of The BA Guide. The BA Guide may withdraw the option of paying the Course Fee in installments at any time in its sole discretion. Any such withdrawal shall not affect customers who have already purchased an Online Course and are paying the Course Fee in installments at the date of such withdrawal.
4.6 The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump-sum payment or in installments.
5. CANCELLATION AND DEFERRAL
5.1 The BA Guide also offers the following refund and deferral policy on its Online Courses: (a) according to our 30-day money-back guarantee, you may cancel your order within 30 calendar days after The BA Guide sends you an order confirmation email for a full refund;
5.2 You may cancel your order according to Clause 5.1 electronically via the Website (preferred) or via email - see Clause 18.
5.3 You will not be entitled to any refund if you cancel your order at any time after the period set out in Clause 5.1(a). Your statutory rights in the event of receiving faulty goods are not affected.
6. ADDITIONAL STUDY MATERIALS (IF APPLICABLE)
6.1 Additional Study Materials may be available as an add-on to an Online Course. A charge may be payable for such Additional Study Materials
6.2 Any payment for Additional Study Materials (if applicable) and any delivery charges payable concerning the delivery of Additional Study Materials, if applicable, will be accepted by the same methods as set out in Clause 4.3 above.
7. ONLINE COURSE CONTENT AND ACCESS TERMS
7.1 The description of the Online Course on the Website and/or in any relevant Brochure will set out details of the contents of the available Online Courses.
7.2 Except as set out in the description of the Online Course on the Website and/or in any relevant Brochure, no additional Course Materials and/or tuition (either online, face to face, or classroom) will be provided by The BA Guide.
7.3 The receipt of an Online Course is personal to you and, unless otherwise agreed by The BA Guide, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.
7.4 You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
7.5 You acknowledge that The BA Guide operates a zero-tolerance policy concerning inappropriate behavior of students. In particular, abusive or violent behavior directed at The BA Guide’s staff or other students, and unfair or dishonest practices will not be tolerated under any circumstances. The BA Guide may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behavior.
7.6 We reserve the right at our discretion to terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund may be given.
8. MODIFICATIONS TO ONLINE COURSES OR TECHNOLOGY ENHANCEMENTS
8.1 From time to time, The BA Guide may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
8.2 Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
9. TECHNICAL SUPPORT AND ACCESS
9.1 If you are unable to access an Online Course, The BA Guide will use reasonable endeavors to provide a solution where The BA Guide has direct control over the system, software, or settings involved. If the issue lies with your hardware, systems, software, or settings thereof, The BA Guide may, in its discretion, assist you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
9.2 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further, you accept that you will not have a claim for breach of contract or otherwise in respect of such a period of unavailability.
9.3 The BA Guide will use reasonable endeavors to make the Online Course available but cannot guarantee uninterrupted, timely, or error-free availability or that defects will be corrected. The BA Guide reserves the right to suspend access to the Website for scheduled or emergency maintenance, repairs, or upgrades to improve the performance or functionality of the Website.
9.4 You also accept and acknowledge that The BA Guide cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following: (a) the operation of the internet and the world wide web, including but not limited to viruses; (b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course; (c) failures of telecommunications links and equipment; or (d) updated browser issues.
10.1 The BA Guide will provide the Course Materials per the Online Course description, which is set out on the Website and/or in any relevant Brochure.
10.2 The BA Guide expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. The BA Guide does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website and/or in any relevant Brochure).
10.3 The BA Guide does not make any representation, guarantee, or commitment to you that the Online Course or Course Materials will be error-free.
10.4 The BA Guide does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.
10.5 All representations, warranties, and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute, or otherwise) are hereby excluded to the maximum extent permissible at law.
11. LIMITATION OF LIABILITY
11.1 The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
11.2 Except as set out in the Online Terms, The BA Guide shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories: (a) indirect or consequential losses; (b) loss of income or revenue; (c) loss of business; (d) loss of anticipated savings; or (e) loss or corruption of data.
11.3 The BA Guide is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials or (b) during the completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.
11.4 Save as otherwise set out in this section “Limitation of liability”, The BA Guide’s maximum aggregate liability to you for any claims that you may have against The BA Guide for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.
11.5 The BA Guide will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond The BA Guide’s reasonable control. This condition does not affect your statutory rights.
11.6 Each provision in this Clause 11 shall be construed separately as between you and The BA Guide. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification, as may be necessary to make it valid and effective.
Online Courses are for training purposes only. The BA Guide will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
13. INTELLECTUAL PROPERTY
13.1 At all times, The BA Guide remains the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without the prior written permission of The BA Guide.
13.2 In consideration of receipt by The BA Guide of the entire Course Fee (if you have chosen to pay for the Online Course with a one-off lump sum payment) or the first installment of the Course Fee (if you have chosen to pay for the Online Course in installments), The BA Guide grants to you a non-exclusive, non-transferable license to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the license granted is to use the Online Study Materials by an individual student only.
13.3 Save as expressly set out in the Online Terms or as otherwise agreed by The BA Guide according to Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either The BA Guide’s copyright or The BA Guide’s other intellectual property rights, and/or the copyright or other intellectual property rights of The BA Guide’s licensors.
14. DATA PROTECTION
15. CHANGES BY US
15.1 An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the contract between you and us. We will use our reasonable endeavors to provide an Online Course as described.
16. INCONSISTENCY OF TERMS
16.1 If there is any conflict between these Terms and Conditions of Online Courses and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority;
(a) the Terms and Conditions of Online Courses;
(b) the Terms and Conditions of Website Use.
17.1 The BA Guide reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.
17.2 The BA Guide may update or amend the Online Terms from time to time to comply with the law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.
17.3 You may not assign or subcontract any of your rights or obligations under the Online Terms to any third party unless agreed to by The BA Guide.
17.4 The BA Guide may assign, transfer, or subcontract any of its rights or obligations under the Online Terms to any third party at its discretion.
17.5 No failure or delay by The BA Guide in exercising any right or remedy under the Online Terms shall operate as a waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by The BA Guide in writing.
17.6 If any of the Online Terms are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
17.7 Any notices required to be served on you by The BA Guide under the Online Terms will be deemed properly served if emailed to the email address notified by you to The BA Guide, respectively. Any notices required to be served on The BA Guide by you will be deemed properly served if sent by email set out in Clause 18.
17.8 A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
17.9 The Contract between you and The BA Guide will be concluded in English only.
17.10 The Contract between you and The BA Guide is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract.
17.11 The Online Terms, and any other matters arising out of or concerning the Online Terms, are governed by and construed per the laws of The United States and Wisconsin. You agree to submit to the exclusive jurisdiction of the United States courts to settle any disputes which may arise out of or in connection with the Online Terms.
18. CONTACT US
We can be contacted by any of the means set out here.
Email: [email protected] (preferred)
Post: PO Box 15, Neenah, WI 54956d