Terms of Service

The Terms and Conditions apply to the order of any Course. Please read the Terms and Conditions carefully before purchasing a Course and print off a copy for your records. It is your responsibility to keep a copy of the Terms and Conditions in case you wish to refer to them at a later date. StaySharp will not file or otherwise keep a copy of the agreement concluded between you and StaySharp and a copy of the concluded agreement will not be available from StaySharp at a future time and date. By clicking the “Pay Now” button to order a Course, you are confirming your agreement to be bound by the Terms and Conditions.

If there is any conflict between these terms and conditions and the documents to which the Terms and Conditions refer to, these terms and conditions shall prevail. Your contract is with StaySharp Education Limited, BPP House Aldine Place 142-144 Uxbridge Road, London, Greater London, England, W12 8AA, registered in England and Wales under company number 13760855, VAT registration number GB466451629.

All of the terms and conditions below are relevant to your relationship with StaySharp. However, we have pulled out below some specific terms and conditions of particular importance for your information:

1. StaySharp offers two subscription models for Courses: a Monthly Subscription and Pre-Paid Subscription. Your payment terms and cancellation rights will be different depending on which model you select.

2. Unless you cancel your order of a Monthly Subscription Course before the end of the Trial Period, your order of the Course will automatically become a Monthly Subscription, as outlined in Clause 3 below.

3. Your right to cancel a Pre-Paid Subscription Course will be lost if you do not cancel within the Cancellation Period, as outlined in Clause 3 below.

4. In the event that you cancel your Subscription your liability for Fees is outlined in Clause 5 below.

5. You are not permitted to download or share the Course content. The restrictions on your use of the Course content, and StaySharp’s rights if you do not abide by these terms, are outlined in Clauses 6 and 7 below.

6. The limitations on StaySharp’s liability are outlined in Clause 12 below.

7. Please ensure your device meets the minimum specification requirements (which are available in FAQs here) prior to ordering your Course.

You are encouraged to take the time to read and review the Terms and Conditions before you order a Course and if there are any aspects that you do not understand please contact StaySharp for clarification at the contact details provided in Clause 16 below.

 

1. Definitions

• “Additional Charges” means any amounts payable which are not Course Fees and may include, but are not limited to, amounts payable to the professional body for student/delegate registration, examination entries, tutor support, marking, and any import duties, taxes and customs clearances which may be payable;

• “Confirmation Email” means the email which is sent to you confirming your offer to order a Course;

• “Course” means an online course which does not have a predetermined start date and is available for study by you immediately following delivery by StaySharp;

• “Fees” means the fees payable for the Course and shall include any VAT payable but excludes Additional Charges;

• “Monthly Subscription” means the payment of Fees to access the Course on a subscription basis;

• “StaySharp” means StaySharp Education Limited;

• “Monthly Subscription Billing Date” means the date when payment is taken during each Monthly Subscription Period, as set out in your account on the Website;

• “Monthly Subscription Period” means the period of one calendar month which commences from the Subscription Billing Date;

• “Pre-Paid Subscription” means the payment of a one off fee to access the Course for the entirety of the Pre-Paid Subscription Period;

• “Pre-Paid Subscription Period” means the fixed period set out on the Website which commences on the date of your order;

• “Terms and Conditions” means these terms and conditions and any documents to which they refer;

• “Trial Period” means the introductory period to access the Course free of charge;

• “UK” means the United Kingdom;

• “VAT” means Value Added Tax or any applicable replacement and/or equivalent tax which applies to the Course Fees or Additional Charges;

• “Website” means staysharp.global and/or any website operated by StaySharp.

2. Order Procedure

2.1 To order a Course via the Website you must register for an online StaySharp account via the Website. If you already have an online StaySharp account, you can log onto your account using the user name and password that you were provided with when you registered.

2.2 When ordering a Course via the Website, you can change your order at any time up to the point at which you click the “Pay Now” button by clicking the StaySharp logo button to navigate back to the Website homepage and by clicking the Cart symbol button to edit items in your basket.

2.3 When you place an order for a Course, you are offering to purchase that Course on these Terms and Conditions. StaySharp reserves the right to decline or cancel your order, or any part of your order.

2.4 Following receipt by StaySharp of your order for a Course via the Website, you will receive a Confirmation Email. Your order will be subject to acceptance by StaySharp of your offer to purchase in accordance with Clause 2.5 below.

2.5 Your place on the Course is not confirmed unless and until you have received a Confirmation E-mail.

2.6 Except where Courses are sold together by StaySharp in one bundle for a single price, where your order consists of multiple Courses, each individual Course will be treated by StaySharp as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by StaySharp of your offer to purchase any other Courses which make up your order.

2.7 StaySharp reserves the right to withdraw at any time Courses advertised for sale on the Website.

2.8 StaySharp is prohibited from supplying any Course to any person or entity located in a US embargoed territory, as provided by the US Treasury Office of Foreign Assets Control (OFAC) from time to time.
3. Payment Terms

3.1 The Fees for any Course at any given time will be displayed on the Website and are offered on either a Monthly Subscription or Pre-Paid Subscription. Fees are quoted in pounds sterling, exclusive of VAT and exclusive of any Additional Charges.

3.2 The Fees including VAT will be shown prior to completion of the online transaction.

Monthly Subscriptions

3.3 Where you select the option to purchase a Monthly Subscription, the Course is offered for an initial Trial Period of 14 calendar days commencing upon your receipt of the Confirmation Email, as set out in Clause 2.4. The provision of the Course during the Trial Period is contingent upon you submitting valid credit or debit card details that are accepted by StaySharp. Credit or debit card details are collected over a secure link.

3.4 The initial Trial Period is only available to new customers of the relevant Course. Customers who have previously accepted a Trial Period for a Course are not eligible to receive the Trial Period for the same Course.

3.5 Unless you cancel your order of the Course before the end of the Trial Period in accordance with Clause 4, your order of the Course will automatically become a Monthly Subscription and you authorise StaySharp to automatically charge you the Fees in accordance with Clause 3.6 below.

3.6 StaySharp will debit the Fees from the credit card or debit card you provided after the last day of your Trial Period and thereafter on each Monthly Subscription Billing Date. Your payment to StaySharp will automatically renew at the end of the applicable Monthly Subscription Period unless you cancel your Monthly Subscription in accordance with Clause 5. Your card details will be stored securely by StaySharp and/or our third party payment service providers and, unless you tell us otherwise, we will use these card details for all payments in connection with your Monthly Subscription.

3.7 Following the end of the Trial Period, the provision of the Course is contingent upon StaySharp having received cleared funds from you in respect of the Fees for the relevant Course. Without prejudice to StaySharp's rights and remedies under these Terms and Conditions, if any sum payable is not paid in cleared funds on or before the due date (being each Monthly Subscription Billing Date), StaySharp reserves the right, forthwith and at StaySharp's sole discretion, to suspend the provision to you and refuse you access to the relevant Course. Please be aware that StaySharp does not accept cash payments.

Pre-Paid Subscriptions

3.8 Where you select the option to purchase a Pre-Paid Subscription, there will be no Trial Period.

3.9 The length of the Pre-Paid Subscription will be displayed on the Website together with the total Fee.

3.10 For some Courses, you will be required to submit work and/or assessments. It is your responsibility to ensure that the Pre-Paid Subscription Period is sufficiently long to allow for you to submit said work/assessments. This includes where, for whatever reason, you need to retake or resubmit work and/or an assessment.

3.11 BPP will debit the Fee from your credit card or debit card on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link and an authorized amount verification is taken immediately. Your card details will be stored securely by StaySharp and/or our third party payment service providers and, unless you tell us otherwise, we will use these card details for all payments in connection with this and any future order you may place with StaySharp. Your order will be confirmed only upon receipt of the Fee in cleared funds by StaySharp.

3.12 The provision of the Course is contingent upon StaySharp having received cleared funds from you in respect of the Fees for the relevant Course. Without prejudice to StaySharp's rights and remedies under these Terms and Conditions, if any sum payable is not paid in cleared funds on or before the due date, StaySharp reserves the right, forthwith and at StaySharp's sole discretion, to suspend the provision to you and refuse you access to the relevant Course. Please be aware that StaySharp does not accept cash payments.

General

3.13 In the event a credit or debit card transaction is declined by your bank, funds will not be deemed to have cleared. StaySharp shall not be liable for any bank charges that may apply.

3.14 In the unlikely event that due to a technical error, the Fee amount displayed on the Website is incorrect, StaySharp will notify you as soon as it reasonably can. If the correct amount of the Fees is higher than the amount displayed on the Website, then you will be given the opportunity to cancel your order of the Course and receive a full refund at the time you are notified of the higher Fees in respect of any amount you have already paid. If the correct Fee is lower than displayed on the Website, then you will be refunded the difference between the lower Fees and the amount which you have paid. Any refund will be made in accordance with Clause 3.15.

3.15 Refunds will be made using the same method of payment as you used for the purchase. StaySharp will not make refunds using alternative payment methods nor make refunds into an account other than the account from which the payment originated. Refunds will be paid within 14 calendar days of you informing StaySharp of the cancellation and/or notification of the incorrect Fee displayed on the Website in accordance with clause 3.14 above, as applicable. The period for refund will increase to 30 calendar days if StaySharp is unable to credit a UK bank account.

3.16 The Fees exclude any Additional Charges which shall be payable by you on and when they are due.

3.17 You do not have any right of set off in respect of Fees, or the right to withhold Fees. This also includes cases where you have an open complaint with StaySharp.

4. Your Cancellation Rights

4.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Consumer Contracts Regulations") you may cancel your order of the Course within a period of 14 calendar days from the date of your Confirmation E-Mail (“Cancellation Period”).

4.2 You must inform StaySharp of your decision to cancel by clicking the “Cancel Subscription” link in your account on the Website.

4.3 On valid cancellation in accordance with Clauses 4.1 and 4.2, your Trial Period (if applicable) will end, and your access to the Course will be withdrawn immediately.

4.4 For further details of your rights under the Consumer Contracts Regulations, you can visit your local Citizens' Advice Bureau or visit the Competition and Markets Authority website.

5. StaySharp’s Cancellation Policy

5.1 For Pre-Paid Subscriptions, StaySharp only accepts cancellations within the Cancellation Period as set out in Clause 4 above. Once the Cancellation Period has elapsed you will have no rights to cancel or request a refund in respect of your Course.

5.2 For Monthly subscriptions, in addition to your cancellation rights under Clause 4 above, you may cancel your Paid Subscription at any time by clicking the “Cancel Subscription” link in your account on the Website. Cancellation will take effect from the next Monthly Subscription Billing Date, and you will not be entitled to a refund of any Fees already paid, including any pro-rata refund of partial Monthly Subscription Periods. Your access to the Course will be withdrawn after the last day of the current Monthly Subscription Period.

5.3 Your order of a Course is personal to you, and you will not be permitted to transfer your enrolment on a Course to any other person.

6 Course Content and Access Terms

6.1 Please see the description of the Course on the Website for details of the contents of the available Courses.

6.2 Except as set out in the description of the Course on the Website, no additional study materials and/or tuition will be provided by StaySharp.

6.3 You acknowledge that StaySharp operates a zero-tolerance policy in relation to inappropriate behaviour of customers. In particular, abusive behaviour directed at StaySharp's staff or other customers and unfair or dishonest practices including but not limited to cheating (including plagiarism), will not be tolerated under any circumstances.

6.4 Upon receipt of a Confirmation Email, you will be notified when you have access to the Course purchased and for the length of time such access will be made available to you, unless any such Course is removed.

6.5 The receipt of a Course is personal to you, and you may not transfer your rights to access the Course or provide a Course to any other person, including sharing your login details for the Course with any other person.

6.6 You may incur charges to your internet service provider while you are accessing the Course. Charges may also be payable to third parties for use of the software necessary to access the Course. You are responsible to pay these charges.

7 Intellectual Property

7.1 At all times, StaySharp and/or its licensors remains the owner of the intellectual property in the Courses. No Course content, nor any part thereof may be reproduced, shared, stored in a retrieval system, published or transmitted any form or by any means without the prior written permission of StaySharp.

7.2 In consideration of receipt by StaySharp of the Fees, StaySharp grants to you a non-exclusive, non-transferable licence to use the Course content for the sole purpose of studying for the Course.

7.3 Save as expressly set out in these Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Course content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Course, create derivative works based on the whole of or any part, or which incorporate, the Course into any software program.

7.4 Use of the Course content not expressly permitted in these Terms and Conditions is strictly prohibited and will constitute an infringement of either StaySharp's copyright or StaySharp's other intellectual property rights, and/or the copyright or other intellectual property rights of StaySharp's licensors.

7.5 StaySharp reserves the right to monitor your usage of the Course. In the event that you violate these Terms and Conditions (including but not limited to in the event that you share your login details for the Course with another person or download Course content), StaySharp may, at its discretion, suspend or terminate your access to the Course. StaySharp will not provide any refund for Fees where it terminates your access to the Course in accordance with this Clause 7.5.

8 System Requirements

8.1 Please note that it is your responsibility to check that the computer you plan to use to access your Course provided by StaySharp is compatible with the minimum specification requirements that relate to the Course you are ordering, which can be found in FAQs here.

9 Modifications to content of existing Courses and Annual Updates

9.1 From time to time, StaySharp may make modifications, enhancements or issue clarifications (for example, to clarify ambiguous regulatory drafting) to the audiovisual, interactive or written Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Course purchased by you.

9.2 The syllabus to which the relevant Course relates will be displayed on the Website prior to your order of the Course. Please note that it is your responsibility to check that the Course in question meets your needs and StaySharp will not be responsible for your failure to do so. StaySharp may from time to time update certain Courses to reflect the new syllabus for the relevant professional body exam(s). You will have access to such changes free of charge only to the extent that such changes relate to the Course purchased by you.

10 Technical Support and Access

10.1 StaySharp will provide technical and content support to individuals who have purchased a Course in respect of the Course purchased, in accordance with the provisions referred to below.

10.2 If you report a fault to StaySharp, StaySharp will use reasonable endeavours to provide a solution, but StaySharp does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from StaySharp then StaySharp will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.

10.3 StaySharp is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website, but StaySharp may elect to offer technical support and the extent of any such technical support is entirely at the discretion of StaySharp.

10.4 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 support may not be available during such periods of downtime. Further, you agree that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

10.5 StaySharp will use reasonable endeavours to make the Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. StaySharp reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

10.6 You also accept and acknowledge that StaySharp cannot be held responsible for any delay or disruptions to your access to the Course as a result of such suspension or any of the following:

10.6.1 the operation of the internet and the World Wide Web, including but not limited to viruses;

10.6.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Course;

10.6.3 failures of telecommunications links and equipment; or

10.6.4 updated browser issues.

11 Warranties

11.1 StaySharp will use its reasonable endeavours to deliver the Course in accordance with the description which is set out on the Website.

11.2 StaySharp expects you to take reasonable care to verify that the Course in question will meet your needs and any specific requirements that you have and will not be responsible for any failure to do so.

11.3 In order to qualify into certain professions, you may need to meet the requirements of the relevant professional body. Participating in a Course will not automatically result in your acceptance by the relevant professional body. It is your responsibility to ensure that you meet the eligibility requirements of the relevant professional body. StaySharp will not be liable for any failure for you to be accepted into your desired profession.

11.4 StaySharp does not make any representation, guarantee or commitment to you that the Course will be error free.

11.5 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms and Conditions (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.

12 Limitation of liability

12.1 The exclusions and limitations of liability contained in these Terms and Conditions do not apply to a party's liability: (i) for fraud; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

12.2 Nothing in these Terms and Conditions shall exclude StaySharp’s liability under s.57 of the Consumer Rights Act 2015.

12.3 Except as set out in these Terms and Conditions, StaySharp shall not be responsible for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:

12.3.1 unforeseeable losses; loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, both you and StaySharp knew it might happen;

12.3.2 loss of income or revenue;

12.3.3 loss of business;

12.3.4 loss of anticipated savings; or

12.3.5 loss or corruption of data.

12.4 StaySharp cannot accept responsibility for damage to or loss of property howsoever caused.

12.5 StaySharp is not responsible for any failure of services or obligations provided by the relevant professional body or the relevant professional body’s examination venues.

12.6 StaySharp is not responsible to you for any data that you lose either as a result of accessing the Course or during completion of any Course. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the Course and all data that you are inputting when completing the Course.

12.7 Save as to Clause 12.1, StaySharp's maximum aggregate liability to you for any claims that you may have against StaySharp for direct loss in contract, tort or otherwise arising out of or in connection with these Terms and Conditions, the Course and any IT technical support shall be limited to the amount of the Fees which have been paid, or are payable, by you or on your behalf.

12.8 StaySharp will not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond StaySharp's reasonable control.

12.9 StaySharp will give you as much notice of changes as is possible in the circumstances, but will not offer any discount, refund, other compensation, or be liable to you, where changes to your Course or failure by StaySharp to comply with these Terms and Conditions is caused by reasons outside of its reasonable control This condition does not affect your statutory rights.

12.10 StaySharp requires that customers seek to resolve any complaints informally in the first instance. In the event that the informal complaints process is unsuccessful, customers must follow StaySharp’s formal Complaints Procedure, a copy of which can be found here. You are required to exhaust StaySharp’s complaints procedure before seeking to bring any legal action against StaySharp.

12.11 Each provision in this Clause 12 shall be construed separately as between you and StaySharp. 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.

13 Disclaimer

13.1 StaySharp will not accept any responsibility to any party for the use of the content of the Course for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.

14 Data Protection

14.1 You agree that StaySharp may process your personal data in order to perform its obligations and enforce its rights under this agreement and in accordance with the Data Protection Act 2018 and StaySharp’s privacy policy.

14.2 You acknowledge that some Courses require you to submit work and/or assessments. For these Courses you agree that StaySharp may share your personal data (including, but not limited to, your name, contact details, registration numbers and submitted work and/or assessments) with the relevant awarding or professional body.

15 General

15.1 StaySharp reserves the right to charge late payment interest on any sums that are due and payable by or on behalf of you, at a rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

15.2 StaySharp reserves the right to recover any reasonable debt collection costs in connection with these Terms and Conditions.

15.3 StaySharp may update or amend the Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

15.4 Subject to Clause 15.3, these Terms and Conditions constitute the entire agreement and understanding between us and supersede and replace any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

15.5 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party.

15.6 StaySharp may assign, transfer or sub-contract any of its rights or obligations under the Terms and Conditions to any third party at its discretion and without further notice to you.

15.7 No relaxation or delay by StaySharp in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by StaySharp in writing.

15.8 If any of provision in these Terms and Conditions is found to be invalid or unenforceable, then that provision will (so far as it is invalid or unenforceable) be given no effect and will be deemed not to be included in these Terms and Conditions, but without invalidating any of the remaining provisions of these Terms and Conditions.

15.9 Any notices required to be served by StaySharp under these Terms and Conditions will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to StaySharp, at StaySharp's discretion.

15.10 Any notices required to be served on StaySharp by you will be deemed properly served if sent to StaySharp Education Limited, BPP House, Aldine Place, 142-144 Uxbridge Road, London W12 8AA or operations@staysharp.global.

15.11 A notice delivered personally is deemed to be given on the day on which it was left at the specified address in Clauses 15.9 or 15.10. 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.

15.12 The agreement between you and StaySharp will be conducted and concluded in English only.

15.13 The agreement between you and StaySharp which is contained in these Terms and Conditions is not intended to be for the benefit of any third party and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

15.14 These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.

16 Contact Details

Email: operations@staysharp.global

Post: StaySharp Education Limited, BPP House, Aldine Place, 142-144 Uxbridge Road, London, W12 8AA


Dated: 1 August 2022