1. APPLICATION
1.1. These terms and conditions (the Terms and Conditions) shall apply to the purchase and subsequent use of the Standards or BSI Training Courses as made available for Customer’s purchase on this website at knowledge.bsigroup.com (the ”Website”).
2. INTERPRETATION
2.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Authorised Users: those employees, agents and independent contractors of the Customer who are authorised by the Customer to purchase or use the Products.
BSI: BSI Standards Limited.
BSI Training Courses: the virtual or location based training courses offered by BSI in relation to BSI Standards.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Customer: the organisation to whom BSI provides the Products.
Customer Data: the data provided by the Customer during its use of the Products and for the purpose of purchasing and facilitating the use of the Products as applicable.
Data Protection Legislation: as applicable (i) EU Data Protection Laws, (ii) UK Data Protection Laws, and (iii) all other applicable laws relating to the Processing of Personal Data and privacy that may exist in any relevant jurisdiction from time to time, along with the guidance and codes of practice issued by the relevant supervising authority from time to time.
EU Data Protection Laws: all laws and regulations of the European Union, the European Economic Area and their member states applicable to the processing of Personal Data under this Agreement, including (where applicable) the GDPR;
GDPR: the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data);
Normal Business Hours: 9.00 am to 5.00 pm local UK time, each Business Day.
Personal Data: has the meaning given to it in the Data Protection Legislation and includes any personal data Authorised Users may provide during the Service registration process.
Processing: has the meaning given to it in the Data Protection Legislation.
Products: Standards or Training Courses offered for sale by BSI to the Customer under these Terms and Conditions, as applicable.
Standards: the technical documents setting out the established, agreed and recognised ways of producing things, managing processes, or delivering services as published by either BSI (the “BSI Standards”) or another standards body (the “Non-BSI Standard”).
UK Data Protection Laws: the GDPR as transposed into United Kingdom national law by operation of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020) ("UK GDPR"), together with the UK Data Protection Act 2018 and other data protection or privacy legislation in force from time to time in the United Kingdom;
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network.
2.2. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
3. CONTRACT FOR THE SALE OF PRODUCTS
3.1. Customer’s submission of an order to purchase a Product from the Website shall form an offer to BSI for the purchase of the Product. A contract for the purchase of the Product, pursuant to these Terms and Conditions (and exclusive of any other terms and conditions) shall be formed when BSI delivers or makes the Products accessible to the Customer.
3.2. Subject to the receipt of payment for the Products, BSI will ensure that the Customer can access the Products either by delivering the Product to the location notified by the Customer, issuing the Customer a download link, or providing the registration details required to receive the Product as applicable.
3.3. Subject to clause 6 and clause 17, an order for a Product which has been accepted and delivered to the Customer by BSI is non-cancellable.
4. DELIVERY OF PRODUCTS
4.1. Purchased Products may be delivered in hard copy format by post, by download, online or in person.
4.2. For Products that are delivered by download, BSI are not aware of any inherent risk of Viruses in the PDF files of BSI documents at the time that they are downloaded. BSI has exercised due diligence to ensure, so far as practicable, that such files do not contain Viruses. The PDF files supplied may contain embedded typefaces. In accordance with Adobe's licensing policy, these files may be printed or viewed but shall not be edited unless the typefaces which are embedded are licensed to and installed on the computer performing the editing. In downloading these files, Customer agrees that it will not infringe Adobe’s licensing policy.
4.3. A Standard purchased in a downloadable format shall only be available for downloading for one hundred and ninety-two (192) hours (i.e. 8 days) from the time BSI accepts Customer’s payment for the Standard. If the purchased Standard is not downloaded within that time, the Customer is required to call +44(0)20 8996 7555 during Normal Business Hours with full details of the purchase to request reinstatement of the Standard for downloading. The time available for downloading in these circumstances will be six (6) hours unless otherwise agreed at the time of the request.
4.4. Customer accepts that the use of any downloadable Standard files is done at the Customer’s risk. BSI does not accept and is not liable for any loss or damage which may be suffered from their operation or use. Adobe is a trademark of Adobe Systems Incorporated.
4.5. Subject to applicable statutory rights, any claims for non-delivery of any Standard must be made on the Business Day following the time of payment or the time of the request referred to in clause 4.3. Risk of damage to or loss of the purchased Standard and property in the Standard shall pass to the Customer upon completion of the download pursuant to this clause 4.
5. PURCHASE OF STANDARDS
5.1. The Customer shall be responsible for ensuring the accuracy of any order submitted to BSI including description of the Standard and the quantity requested.
5.2. Customer’s purchase of a Standard shall include any amendments issued by BSI at the time of purchase and BSI shall take all reasonable steps to ensure that any Standard delivered in a downloadable format is the current issue at the date of downloading.
5.3. Where there is a purchase of a downloadable Standard, Customer shall only be entitled to download one copy of each purchased Standard onto a single computer and is not permitted to copy or transfer that copy to any other computer or third party. However, Customer is permitted to print a single hard copy of the Standard for personal, non–commercial purposes. Further reproduction of the single printed copy is not permitted.
5.4. A Standard purchased in hard copy format may not be further reproduced - in any format - to create an additional copy.
5.5. Customer shall not without BSI’s prior consent resell, loan or part with possession of the purchased Standard or any part thereof and acknowledges and agrees that BSI shall have the right to use its name and/or the name of its company (where relevant) to watermark a purchased Standard.
5.6. Copyright subsists in all Standards. Except as permitted under the Copyright, Designs and Patents Act 1988 and in clauses 5.3 above no part of a Standard may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without BSI’s prior written permission
5.7. Should Customer wish to place a Standard on an internal computer network, Customer is required to apply to the Subscriptions Team at the address provided in clause 21.
6. PURCHASE OF BSI TRAINING COURSES
6.1. Notwithstanding the purchase of a specific version of a BSI Training Course, BSI may at its option and without prior notice to Customer alter the courses' content.
6.2. BSI may also cancel a BSI Training Course at any time without liability. In the event of BSI’s cancellation of a course, BSI will offer a full refund of the amounts paid for the course.
6.3. Cancellation of live BSI Training Courses must be made 25 Business Days before the scheduled start of the training. Cancellations will only be accepted in writing. If a delegate fails to attend or cancels within the 25 days prior to the course, full payment will be required.
6.4. BSI shall use reasonable endeavours to make the BSI Training Courses which are intended to be delivered online available 24 hours a day, seven days a week, except for:
6.4.1. planned maintenance; and
6.4.2. unscheduled maintenance performed outside Normal Business Hours.
7. USE OF PRODUCTS
7.1. Customer shall not:
7.1.1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms and Conditions:
(a) attempt to copy, scan, modify, duplicate, create derivative works from, frame, mirror, publish, republish, download, license, sell, lease, give, disseminate, assign (directly or indirectly), display, transmit, or distribute all or any portion of a Products in any form or media or by any means; or
(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of associated software; or
7.1.2. access all or any part of the Product in order to build a product or service which competes with the Products; or
7.1.3. use the Products to provide services to third parties; or
7.1.4. subject to clause 17.1, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Products and/or Documents available to any third party except the Authorised Users, or
7.1.5. remove any proprietary legends or markings, including, but not limited to, copyright notices, electronically encoded information, watermarks or any specific markings of BSI; or
7.1.6. attempt to obtain, or assist third parties in obtaining, access to the Products, other than as expressly provided for in these Terms and Conditions.
7.2. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify BSI.
7.3 The Customer acknowledges that neither they nor any Authorised Users have any ownership rights conferred upon them whatsoever in respect of the Products or Documents.
8. CUSTOMER DATA
8.1. As between the parties, the Customer shall own all right, title and interest in and to all of the Customer Data.
8.2. Each party warrants that for the purposes of these Terms and Conditions (where applicable as in the case of delivery of Training Courses) it:
8.2.1. shall comply with the provisions of the Data Protection Legislation, including without limitation that it:
(a) shall use Personal Data in accordance with the permissions or consents obtained from the data subjects (as defined in the Data Protection Legislation) or otherwise in accordance with the Data Protection Legislation;
(b) shall communicate to the other party the terms of any permissions or consents obtained from the data subjects;
(c) shall have in place appropriate technical and organisational security measures against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the reliability of its personnel who have access to such Personal Data and to impose obligations of confidentiality upon such personnel and to ensure that such personnel are aware of their responsibilities under the Data Protection Legislation;
(d) shall not transfer Personal Data outside the European Economic Area save in accordance with the Data Protection Legislation;
(e) shall comply with any request or notice it receives from a data subject in its capacity as a data controller;
8.2.2. shall upon request provide such assistance as is reasonably necessary to the other party to enable that party to comply with its obligations as a data controller (as defined in the Data Protection Legislation);
8.2.3 shall inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with these Terms and Conditions;
8.2.4. shall, except to the extent prohibited by applicable law, inform the other party upon receipt of a complaint from a data subject or if approached by any regulatory body in connection with its compliance with the Data Protection Legislation in connection with these Terms and Conditions;
8.2.5. shall, except to the extent prohibited by applicable law, consult the other party in good faith as to the timing, manner and content of any response to a complaint from a data subject or approach by any Regulatory Body in connection with compliance with the Data Protection Legislation in connection with these Terms and Conditions.
9. DISCLAIMERS
9.1. BSI:
9.1.1. does not warrant that the Customer's use of the Products will be uninterrupted or error-free; or that the Products and/or the information obtained by the Customer or its Authorised User through the Products will meet the Customer's requirements;
9.1.2. provides no representations, warranties, assurances or undertakings (express or implied) in relation to the adequacy, accuracy, completeness or reasonableness of the Products and/or their contents; and
9.1.3. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the delivery and use of the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
10. CHARGES AND PAYMENT
10.1. The Customer shall pay the fees for the Products, which shall be non-refundable in accordance with clause 3.
10.2. Payment may only be made via the specified payment methods communicated at the time of the transaction on the Website.
11. PROPRIETARY RIGHTS
11.2. The Customer acknowledges and agrees that BSI and/or its licensors own all intellectual property rights in the Products. Except as expressly stated herein, these Terms and Conditions do not grant the Customer any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Products.
11.3. BSI may impose whatsoever security measures it reasonably deems appropriate to ensure compliance with the Terms and Conditions, including but not limited to covert and overt copy-detection; licence awareness technology and encoding of requestor/user information in printed and electronic formats. Any attempt to circumvent such access restrictions or any other of BSI's security measures will be considered a material breach of these Term and Conditions.
12. CONFIDENTIALITY
12.1. Each party may be given access to confidential information from the other party in order to perform its obligations under these Terms and Conditions. A party's confidential information shall not be deemed to include information that:
12.1.1. is or becomes publicly known other than through any act or omission of the receiving party;
12.1.2. was in the other party's lawful possession before the disclosure;
12.1.3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
12.1.4. is independently developed by the other party, and such independent development can be shown by written evidence.
12.2. Subject to clause 12.3, each party shall hold the other's confidential information in confidence and not make the other's confidential information available to any third party, or use the other's confidential information for any purpose other than the implementation of these Terms and Conditions.
12.3. A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 9.3, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
12.4. The obligations set out in this clause 9 shall continue after the completion of Customer’s purchase or the end of its use of a Product.
13. LIMITATION OF LIABILITY
13.1. Except as expressly and specifically provided under these Terms and Conditions:
13.1.1. the Customer assumes sole responsibility in connection with its use of the Products, and for conclusions drawn from such use;
13.1.2 the Customer assumes sole responsibility for results obtained from the use of the Products by the Customer and/or its Authorised Users, and for conclusions drawn from such use. BSI shall have no liability for any damage caused by errors or omissions in any information or instructions provided to BSI by the Customer in connection with the Products, or any actions taken by BSI at the Customer's direction;
13.1.3. BSI shall not be liable for any damage caused or costs incurred through the use of the content of the Products. The Customer assumes responsibility to conduct the necessary research and confirmations and should not rely solely on the contents of the Products;
13.1.4. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law and all responsibility and/or liability in relation to the adequacy, accuracy, completeness or reasonableness of the Products and/or their contents are, to the fullest extent permitted by applicable law, excluded from these Terms and Conditions;
13.1.5. the parties agree that the limitations and exclusions of liability contained in this clause 13 are considered by them to be reasonable in all the circumstances, having taken into account section 11 and the guidelines in schedule 2 of the Unfair Contract Terms Act 1977; and
13.1.6. the Products are provided to the Customer on an "as is" basis.
13.2. Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for:
13.2.1. for death or personal injury caused by negligence;
13.2.2. for fraud or fraudulent misrepresentation; or
13.2.3. any liabilities which cannot be excluded by statute.
13.3. Subject to clauses 13.1 and 13.2:
13.3.1. BSI shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
13.3.2. BSI's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and Conditions shall be limited to the total fees paid for the Product associated with the liability claim.
13.4. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
13.5. This clause 13 shall continue after the completion of Customer’s purchase or the end of its use of a Product.
14. FORCE MAJEURE
BSI shall have no liability to the Customer under these Terms and Conditions if it is prevented from or delayed in performing its obligations under these Terms and Conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of BSI or any other party), failure of a utility service or transport or IT or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm provided that the Customer is notified of such an event and its expected duration.
15. AMENDMENTS
15.1. BSI may revise and amend these Terms and Conditions from time to time.
15.2. Purchased Products shall be subject to the Terms and Conditions that are in force at the time of purchase, unless a change to those terms is required for regulatory or legal compliance, in which case the revised Terms and Conditions shall apply to previous purchases.
16. WAIVER
No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17. SEVERANCE
17.1. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.
18. ENTIRE AGREEMENT
18.1. These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2. Each party acknowledges that it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
19. ASSIGNMENT
19.1. The Customer shall not, without the prior written consent of BSI, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions, such consent may be withheld in BSI's sole discretion.
19.2. The Customer shall not grant affiliates, subsidiaries or successors-in-interest any right to use the Products without the prior written consent of BSI, which may be withheld at BSI's sole discretion,.
19.3. BSI may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.
20. THIRD PARTY RIGHTS
These Terms and Conditions do not confer any rights on any person or party (other than the parties to these Terms and Conditions and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
21. NOTICES
21.1. Any notice required to be given under these Terms and Conditions shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address set out below in these Terms and Conditions.
21.2. A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent email shall be deemed to have been received at the time of transmission (as shown by the time sent in respect of an email).
21.3. To apply for a multi user subscription to a Publication, please contact:
BSI Subscriptions
British Standards Institution
The Acre
90 Long Acre
London WC2E 9RA
Email: mailto:subscriptions@bsigroup.com
Tel: + 44 (0)345 086 9001 (option 1)
21.4. For permission to reproduce extracts and for further information or enquires about these Terms and Conditions, please contact the Licensing Department at the following address:
Licensing Department
British Standards Institution
The Acre
90 Long Acre
London WC2E 9RA
Email: copyright@bsi-global.com
Tel + 44 (0)20 8996 7070
22. GOVERNING LAW
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
23. JURISDICTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).