Terms and Conditions
WELCOME TO THE UNIVERSITY OF BIRMINGHAM'S SECURE DOCUMENT WEBSITE
This page (together with the documents/hyperlinks referred to) tells you (“the Buyer” and “you”) about registration of your account and the terms and conditions on which the University of Birmingham (“the University”) supplies any of the products (“Goods”) and/or services (“Services”) listed on the University’s website of www.verify.bham.ac.uk (“the Website”) to you. By placing an order through the Website, you warrant that you are a Business User, or you are a Consumer and that you are legally capable of entering into binding contracts and you are at least 18 years old. You are acting as a Consumer if you are a registered student of the University or acting for purposes which are wholly or mainly outside your trade, business, craft or profession for the purchase the Services and/or Goods with the University through the Website. You are acting as a Business User if you have entered into a contract for the purchase of Services and/or Goods for the purposes of your business, trade, craft or profession with the University through the Website.
Please read these terms and conditions carefully before ordering any Goods or Services from the website. You should understand that by ordering any of our Goods or Services from the Website, you agree to be bound by these terms and conditions. By proceeding with the transaction you acknowledge that you have read and accepted these Terms & Conditions and the obligation to pay once your order is accepted by the University. You should print a copy of these terms and conditions or save them to your computer for future reference.
It is very much in your best interests to read these terms in order that you are fully aware of the conditions under which you purchase Goods and/or Services from the Website and use the Website account. Should you have any questions or concerns, please contact the University by email:email@example.com. The University welcomes your customs.
Your account with the Website
In order to place an order for Goods and/or Services from you will need to register and then use an account. You can only make orders for Goods and/or Services from the Website with the account that you register.
If you know or suspect that your account or your password are being misused please let us know as soon as you can by contacting IT Services 0121 414 7171.
Terms and Conditions for the purchase of Goods and/or Services
These terms and conditions from Section I to Section IV apply to all online transactions through the Website made to the University of Birmingham (the University). Please refer to Sections II and/or III below when purchasing Goods and Services online from the University. When booking a place on a Conference, Course or Event please see Section IV below.
Please read these terms carefully before using the online payment facility of the Website. Using the online payment facility on the Website indicates that you accept these terms. If you do not accept these terms do not use this facility. After placing an order, you will receive an e-mail from the University acknowledging that the University have received and accept your order (“the Acknowledgement”). Your order constitutes an offer to the University to buy Goods or Services. Orders are subject to acceptance by the University, and the contract between the University (“Contract”) and you will only be formed when the University sends you an Acknowledgement. The Contract will relate only to those Goods and/or those Services which the University have confirmed the University will provide in the Acknowledgement. The University will not be obliged to supply any other Goods or Services which may have been part of your order unless confirmed in a separate Acknowledgement. You warrant that all information provided to the University by you for the purposes of the Contract is complete and accurate. The Acknowledgement of the order and these Conditions together constitute the entire agreement between the parties relating to the Contract. All payments are subject to the following Conditions:
1. The prices of the Goods and Services will be as quoted on our Website at the time you submit your order. The University takes reasonable care to ensure that the prices of Goods or Services are correct at the time when the relevant information was entered onto the system. If the University discover an error in the price of the Goods or Services you have ordered the University will contact you to inform you of this error and the University will give you the option of continuing to purchase the Goods or Services at the correct price or cancelling your order. Prices for our Goods and/or Services may change from time to time, but changes will not affect any order you have already placed.
2. Your payment will normally reach the University’s account to which you are making a payment the following working day. However, time should be allowed for processing transactions.
3. The University cannot accept liability for a payment not reaching the correct University account due to you quoting an incorrect account number or incorrect personal details.
4. Neither can the University accept liability if payment is refused or declined by the credit/debit card supplier for any reason.
5. If the card supplier declines payment, the University is under no obligation to bring this fact to your attention. You should check with your bank or card issuer that payment has been deducted from your account.
6. Refunds, if applicable, will only be made to the credit/debit card used for the original transaction. If you become entitled to a refund under these Conditions, the refunds will be paid in GBP and the University will not be responsible for any losses you suffer as a result of currency exchange fluctuations or exchanges.
7. If you order Goods from the Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the University has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. The University will not be liable for any breach by you of any such laws.
Sale of Goods
1. In these Conditions, the Delivery Address means the address specified in the personal details you, the Buyer, have supplied. The Collection Point means the designated site as detailed in the instructions on the Website or specified by the University in writing.
2. The Contract will be subject to these Conditions of Sale, to the exclusion of all other terms and conditions.
3. Any date specified by the University for delivery/collection of the Goods is intended to be an estimate, and delivery will be within a reasonable time.
4. If for any reason the Buyer will not accept delivery of the Goods when the University notifies the Buyer that they are ready for delivery (the time of delivery/collection), or the University is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions or the Buyer has not collected the goods from the Collection Point:-
- (i) Risk in the Goods will pass to the Buyer
- (ii) The Goods will be deemed to have been delivered; and
- (iii) The University may store the Goods until delivery/collection, where upon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
5. The Goods are at the risk of the Buyer from the time of delivery/collection. Ownership of the Goods will not pass to the Buyer until the University has received cleared payment in full in respect of the Goods.
6. Unless otherwise agreed by the University in writing, the price for the Goods will be the price as displayed on the Website. That price is subject to the addition of all costs or charges in relation to postage, carriage and insurance, where applicable, and payment must be received in advance in all transactions.
7. The Buyer will make all payments due, in advance, under the contract of sale, without any deduction.
8. The University confirms that (subject to the other provisions of these Conditions) upon delivery the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979. The University will not be liable for a breach of this Condition unless:
- (i) The Buyer gives written notice of the defect to the University, and (if the defect is as a result of damage in transit) to the carrier, within fourteen (14) days after the time when the Buyer discovers or ought to have discovered the defect; and
- (ii) The University is given a reasonable opportunity after receiving the notice to examine the Goods, and the Buyer (if asked to do so by the University) returns the Goods to the University, at the Buyer's cost, for the examination to take place there.
9. The University will not be liable for a breach of Condition 8 if:
- (i) The Buyer makes any further use of the Goods after giving notice; or
- (ii) The defect arises because the Buyer failed to follow the University's instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
- (iii) The Buyer alters or repairs the Goods without the consent of the University.
10. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
11. Subject to Condition 10:
- (i) The University's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the contract will be limited to the price of the Goods; and
- (ii) The University will not be liable to the Buyer for loss of profit, loss of data, loss of business or depletion of goodwill nor for any indirect or consequential liability, loss or damage which arises out of or in connection with the contract.
12. Cancellation by you as a Customer: Please be aware that if you, acting as a Customer, change your mind you have the right to cancel the online transaction for the Goods within the applicable specified time limit, which is fourteen (14) calendar days from the day of the receipt of the Goods. If you do wish to cancel you must inform the University in writing (by letter, fax or email) with a clear statement on your decision to cancel this Contract. The Goods must be returned immediately to the University and you will bear the costs of the return of the Goods to the University. Refunds will be made as soon as possible following cancellation or within fourteen (14) calendar days of receipt of goods (or of evidence of you returning them) at the latest. Unfortunately, as made-to-measure or personalised Goods are made to your requirements, you will not be able to cancel your order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure or personalised Goods that are faulty or not as described).
Sale of Services
1. Unless otherwise agreed by the University in writing, the price for the Services will be the price as displayed on the Website. That price is subject to the addition of all taxes costs or charges in relation to provision of the Services, where applicable, and payment must be received in advance in all transactions.
2. The Buyer will make all payments due, in advance, under the contract of sale, without any deduction.
3. The University reserves the right to cancel your registration for the provision of any Services, including any course, Conference or other Event in the University’s absolute discretion and refund all fees paid by you, irrespective of whether the service course, conference or event itself is to proceed, without any further liability on the University’s part. The University also reserve the right to terminate the provision of any service or to exclude you from any course, conference or other event after its commencement if in the University’s absolute discretion the University’s consider that you are impeding the provision of the service or other of the University’s activities or your presence is bringing or threatening to bring the University or any part of it or its subsidiaries into disrepute.
4. Cancellation by you as a Customer: Please be aware that if you, acting as a Customer, change your mind you have the right to cancel the online transaction for Services within the applicable specified time limit, which is fourteen (14) calendar days from the date of agreement to proceed with the transaction, or receipt of written confirmation, whichever is the later, except where the Services have already been provided. If you do wish to cancel you must inform the University in writing (by letter, fax or email) with a clear statement on your decision to cancel this Contract. Refunds will be made as soon as possible following cancellation, or within fourteen (14) days at the latest. The University will, unless otherwise agreed, refund any money received from the Buyer in relation to the cancellation of the order using the same method originally used by the Buyer to pay for the purchase.
Other important conditions for all transactions
1. Written Communication: When using the Website, you accept that communication with the University will be mainly electronic. The University will contact you by e-mail or provide you with information by posting notices on the Website. Applicable laws require that some of the information or communications the University send to you should be in writing. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the University provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
2. Data Protection: Your personal information will be collected and stored by the University, its affiliates, agent, contractors or service providers, with your consent through your account and any transaction through the Website, for the following purposes:
- (i) To directly provide the information, goods or services you have requested;
- (ii) To enable third parties to process and manage your information to enable the University to provide the information, goods or services you have requested;
- (iii) For security, administrative and legal purposes;
- (iv) To update and enhance the services provided;
- (v) To evaluate the performance of the Shop’s activities;
- (vi) For marketing purposes to inform you about similar products or services that the University’s provides where you are not a registered student of the University, but you may stop receiving these at any time by contacting the University.
Any personal information will only be used in accordance with current data protection legislation. By registering with the Website and / or using the Shop’s facilities or otherwise interacting with the Website you consent to the collection and use of the information you voluntarily submit, for the purposes described above.
3. Events outside the University’s control: The University reserves the right to defer the date of delivery/collection or to cancel the Contract in the case of any strike, lockout, disorder, adverse weather conditions, pandemic, power outage, website downtime, website stoppage, third party interference, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, breakdown of equipment, unavailability of key staff for course, event or conference, unscheduled or unexpected works, necessary and unavoidable repairs, health or safety concerns, third party occupation of the University’s premises, fire, explosion, accident or stoppage of or affecting the University's business or work which is beyond its reasonable control (an ‘Event Outside the University’s Control’) and which prevents or hinders the delivery of the Goods or Services.
4. Cancellation by the University before performance: The University may have to cancel an order before the start date for the Services or before the Goods are delivered, due to an Event Outside the University’s Control, academic entitlement to personalised academic Goods, eligibility, suitability, entitlement, unavailability of delivery or the unavailability of stock or in the case of Services unavailability of spaces, key personnel or key materials without which the University cannot provide the Services or Goods. If this happens, The University will promptly contact you to let you know. If you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, the University will refund these amounts to you
5. Cancellation by the University during performance: Once the University have begun to provide the Services to you, the University may cancel the contract for the Services at any time by providing you with at least 7 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, the University will refund these amounts to you.
6. Cancellation by the University for your non-observance: The University may cancel any Contract for Services at any time with immediate effect by giving you written notice if: You do not pay the University when you are supposed to; or you break the Contract in any other material way and you do not correct or fix the situation within 7 days of the University asking you to in writing.
7. Changes to terms and conditions: The University may change these terms from time to time without notice. Changes will apply to any subsequent transactions with the University through the Shop's Website. Therefore, if you use the Website after any changes have been made, you will be bound by the new terms and conditions. Please read the terms and conditions each time you use the website and immediately prior to placing any bookings and making any purchases.
8. Limitation on liability: Nothing in these Conditions excludes or limits the liability of the University for death or personal injury caused by the University's negligence, or for fraudulent misrepresentation. Subject to the preceding sentence, Condition 11 of Section II above constitutes the entire financial liability of the University (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of: (i) any breach of these Conditions; and (ii) any representation, statement or negligent act or omission, including negligence arising under or in connection with the contract.
9. Intellectual Property: Nothing in these terms and conditions shall give you any right or other licence to use copy or otherwise use or exploit in any way any intellectual property contained in any Goods or in the content of any course or conference or other event or service provided to you in accordance with these terms and conditions, unless expressly specified prior to order.
10. Transfer of rights and obligations: The Contract between you and the University is binding on you and the University and on the University respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the University’s prior written consent. The University may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of the University’s rights or obligations arising under it, at any time during the term of the Contract.
11. Notices: All legal notices given by you to the University must be given by recorded post or by hand to The Registrar and Secretary’s Office, The University of Birmingham, Edgbaston, B15 2TT. The University may give notice to you at either the e-mail or postal address you provide to the University when placing an order, or in any of the ways specified in condition 1 above in this Section V. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice to you it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the Buyer.
12. No Waiver by the University: Each right or remedy of the University under the Contract is without prejudice to any other right or remedy of the University whether under the contract or not. If the University fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if the University fail to exercise any of the rights or remedies to which the University are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by the University of any default shall not constitute a waiver of any subsequent default. No waiver by the University of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 1 above in this Section V.
13. Invalidity: If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Third Parties: For the purposes of theContracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
15. Dispute Resolution: Any disputes or concerns shall be addressed in accordance with the normal complaints procedure of the University. Where the University’s complaints procedure is exhausted by you then you and the University will attempt to settle the dispute by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. The mediation will take place in Birmingham.
16. Law and Jurisdiction: The contract will be governed by and construed in accordance with English Law. The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Contract subject to Condition 15 of this Section V.