Terms and Conditions of Use – Gift Voucher
Introduction
The benefits of English Online Vouchers
English Online Vouchers are intended for those who want to purchase for another person for English Online class credits.
About these Terms
These Terms apply to any purchase of English Online Vouchers from the British Council through the English Online website.
Please read these Terms carefully before you submit your order. By clicking “Agree and continue” before placing an order, you are confirming that you agree to be bound by these Terms.
If you do not accept these Terms, you will not be able to order any English Online Vouchers.
PLEASE PAY PARTICULAR ATTENTION TO THE CANCELLATION TERMS SET OUT BELOW.
Terms
1. Definitions
British Council means the British Council entity incorporated in England and Wales by Royal Charter and registered as a charity (under number 209131 in England and Wales and number SC03773 in Scotland), whose registered office is at 1 Redman Place, Stratford, London, E20 1JQ.
British Council Entities is defined in the introduction to these Terms.
Cancellation Period means the 14-day cancellation period from the date on which you receive your Order Confirmation for the relevant English Online Voucher(s).
Complaints Page means the complaints page.
Contact us means the contact us page.
Contract means the legally binding contract between you and the British Council on these Terms.
English Online Voucher means a voucher available to purchase through the British Council which provide a method for to pay for class credits.
English Online Voucher Code means the voucher code provided within an English Online Voucher that may be used to purchase class credits in accordance with these Terms.
Order Confirmation means an order confirmation emailed to you in accordance with clause 2.2 of the Terms.
Payment Processor means the British Council’s designated third-party payment gateway provider.
Privacy Policy means the privacy policy.
Start Date means the date that any English Online Voucher Code from an English Online Voucher is first used to purchase class credits.
Terms means these terms and conditions of sale (including the introduction and these definitions) and any other documents referred to in them. you means the organisation agreeing to these Terms.
2. How the Contract is formed
2.1 The pages of the English Online website will guide you through the steps you need to take to place an order. The order process allows you to check and amend any errors before submitting your order.
2.2 Once you have submitted your order and the Payment Processor receives a legitimate payment for the English Online Voucher(s) into its designated bank account, your Order Confirmation will be emailed to you.
2.3 The Order Confirmation confirms the British Council’s acceptance of your order and the Contract will only be formed, and become legally binding, when the Order Confirmation is provided to you.
3. Duration of the Contract
3.1 Unless cancelled earlier in accordance with these Terms, the Contract will terminate at the expiry of the English Online Voucher as declared at the time of purchase, at which point the obligations set out in the Terms shall cease.
4. Expiry and duration of English Online Voucher
4.1 English Online Vouchers expire 12 months after purchase. The date of expiry shall be confirmed within the Order Confirmation (Order acknowledgement and receipt email). English Online Vouchers cannot be extended past their expiration date. Recipients of the English Online Voucher should redeem their English Online Voucher for class credits before the English Online Voucher expiry date.
5. Maximum number of English Online Vouchers
5.1 The maximum number of English Online Vouchers you may purchase in any single order is 1. There is no maximum to the number of orders you may place.
6. Use of English Online Vouchers
6.1 When you purchase an English Online Voucher you have to select the amount of class credits you wish to purchase. The person who you distribute the English Online Voucher to can redeem it for class credits up to the number purchased by you, and has 30 days from the date they redeem the English Online Voucher for class credits to book classes. Any class credits not used within this time shall be lost and cannot be refunded. A person may use the credits to book classes that are scheduled to take place after the 30-day period (so long as the booking takes place within 30 days of the date they redeem the voucher), but if they cancel any classes after 30 days they will lose those credits and will not be refunded.
7. How to pay
7.1 All prices for English Online Vouchers will be displayed on the English Online website. All prices quoted include applicable taxes and charges incurred by the British Council for use of debit or credit cards unless otherwise stated. You may incur additional charges for the use of debit or credit cards from your provider and such charges are in addition to the advertised price.
7.2 Payment can be made by credit or debit card (or any other payment method permitted by the British Council such as gift vouchers) as explained in the order process. In all cases the British Council treats payment as confirmation that you are the person authorised to use such credit card or debit card.
7.3 Payments by credit or debit card are processed immediately via the Payment Processor over a secure link. No card details are held by the British Council.
7.4 For the avoidance of doubt, until you have paid for the English Online Voucher(s) in full, you shall have no right to access, distribute or use them.
7.5 You, or anyone who you give English Online Voucher(s) to, may not re-sell the vouchers, including on any internet auction sites or otherwise.
8. How you receive access to English Online Vouchers
8.1 English Online Vouchers will be emailed to you. You do not have to distribute all English Online Vouchers right away. You can distribute them as you need to over time. Keep in mind that English Online Vouchers expire 12 months from date of receipt of the Order Confirmation. The British Council will not be liable for any failure to provide you with English Online Voucher(s) if you provide incorrect details when you place an order, including but not limited to providing an incorrect email address.
8.2 You will receive one English Online Voucher Code per order of class credits you have purchased. As soon as you receive the English Online Voucher Code, it can be used to redeem for class credits and book classes. All you need to do is send the English Online Voucher Code to the recipient and they can use the code to create their English Online account and activate the Voucher. Each English Online Voucher Code can only be used once.
9. How students can redeem English Online Vouchers
9.1 After someone has received an English Online Voucher from you, the English Online Voucher is ready to redeem for class credits.
9.2 To apply the English Online Voucher, the student should follow the link provided with the voucher and follow the process on the English Online website payment portal for using class credits. During the process they will be prompted to input their English Online Voucher Code. The student using the class credits will be subject to the English Online Terms and Conditions of Use.
10. Cancellation of the Contract by the British Council
10.1 The British Council may cancel the Contract by giving you notice in writing (whether by email or otherwise) for any reason at any time prior to the Start Date. If the British Council cancels the Contract pursuant to this clause 10.1 it will refund the price paid by you for the English Online Voucher(s).
10.2 The British Council may also cancel the Contract at any time, without liability to you if: (a) you breach these Terms (but not if it’s a trivial breach); or (b) the British Council is unable to provide the benefit of the relevant English Online Voucher in full due to a reason beyond its reasonable control.
10.3 If the British Council cancels the Contract under clause 10.2(a) the British Council will be entitled to retain (or be paid the balance of, as the case may be) the price paid by you in full.
10.4 If the British Council cancels the Contract under clause 10.2(b) you will be entitled to receive a full refund of the price paid.
11. Cancellation of the Contract by you
Cancellation within the 14-day cancellation period
11.1 You have a legal right to cancel the Contract and receive a full refund of all payments we have received from you within the Cancellation Period for any reason (including if you change your mind) during the Cancellation Period, except that this right to cancel will not apply if you, or anyone you have distributed the English Online Voucher to, have, at the date of the cancellation request, used an English Online Voucher Code from the relevant English Online Voucher to purchase any class credits.
11.2 To exercise the right to cancel, you must inform the British Council of your decision to cancel the Contract by a clear statement (e.g., a letter sent by email to support.englishonline@britishcouncil.org.
11.3 To meet the cancellation deadline, it is sufficient for you to send your cancellation statement before the Cancellation Period has ended so long as the voucher has not yet been redeemed.
Effect of cancellation
11.4 If you have a right to cancel, and do cancel, the Contract within the 14-day Cancellation Period, the British Council will reimburse to you all payments received from you in respect of the English Online Vouchers.
11.5 The British Council will make the repayment without undue delay, and not later than 14 days after it is informed about your decision to cancel the Contract.
11.6 The British Council will make the repayment using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the repayment.
Cancellation after the 14-day cancellation period
11.7 After the Cancellation Period has expired, you have no automatic right to cancel the Contract. Any cancellation of the Contract after this period will need the British Council’s approval and will only be granted in exceptional circumstances – please contact the British Council (see the Contact Us Page for the relevant contact details) to explain why you would like to cancel the Contract and to see if the British Council will accept the cancellation.
12. Data protection
12.1 We will only use your personal information as set out in our privacy policy.
13. The British Council’s liability to you
13.1 Nothing in the Terms shall limit or exclude the British Council’s liability for death and/or personal injury caused by the negligence of the British Council or any of their employees, agents or subcontractors, for fraudulent misrepresentation and any other liabilities which cannot as a matter of law be limited and/or excluded.
13.2 Subject to clause 13.1, the British Council do not accept responsibility and expressly exclude liability for any loss or damage to your property that occurs where the British Council is delivering the English Online Voucher online.
13.3 Subject to clause 13.1, the British Council shall not under any circumstances whatsoever be liable to you (whether for breach of contract, negligence, breach of statutory duty or otherwise) for any: (a) losses that were not foreseeable to both you and the British Council when the Contract was formed; (b) losses that were not caused by any breach on the part of the British Council; or (c) loss of profit, loss of business, business interruption or loss of business opportunity arising under or in connection with the Contract.
13.4 If defective digital content which the British Council has supplied damages a device or digital content belonging to you and this is caused by the British Council’s failure to use reasonable care and skill the British Council will either repair the damage or pay you compensation for the damage caused. However, the British Council will not be liable for damage which you could have avoided by following the British Council’s advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by the British Council.
13.5 Subject to clauses 13.1, 13.2, 13.3 and 13.4, the British Council’s liability in connection with the Contract will be limited to the price paid by you for the English Online Voucher(s) purchased under the Contract.
14. Other important terms
14.1 The British Council may transfer the Contract (in whole or in part), or subcontract or delegate the delivery of English Online Voucher in any manner at its sole discretion to: (i) any separate entity controlled by the British Council or otherwise forms a part of the British Council group of entities; or (ii) any provider of outsourcing or third party services that is engaged under a service contract to provide services to the British Council.
14.2 The Contract is personal to you and so you cannot transfer any or all of your rights or obligations under these Terms to another person without the prior written consent of the British Council.
14.3 The British Council intends to rely upon these Terms as being the entire Contract between you and the British Council in relation to the English Online Voucher. To avoid any misunderstandings about the content of the Contract, please make sure that you ask for any changes, or additions, to the terms of the Contract be put in writing by a British Council representative.
14.4 If the British Council does not insist immediately that you do anything you are required to do under these Terms, or if the British Council delays in taking steps against you in respect of you breaching this Contract, that will not mean that you do not have to do those things and it will not prevent the British Council taking steps against you at a later date.
14.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
14.6 The laws of England apply to the Contract and any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
14.7 The British Council hopes to make your experience of dealing with the British Council an excellent one and welcomes your comments, suggestions and details of satisfaction or dissatisfaction. If you have any comments or complaints in relation to the Contract, please contact us at support.englishonline@britishcouncil.org.
14.8 If a complaint, dispute or claim is not successfully resolved through discussions between you and the British Council, the courts of England will have non-exclusive jurisdiction over any claim arising from, or related to, the Contract. This means that all claims relating to the Contract can be settled by a judge (or a number of judges) in an English court but you or the British Council may, alternatively, bring proceedings in your country of residence or any other relevant country.
14.9 The British Council may contact you or provide a notice referred to in this Contract by sending you an email to the nominated email address provided by you during the order process.
15. Contacting the British Council
15.1 If you have any questions, comments or enquiries about the Contract or an English Online Voucher, please contact us at support.englishonline@britishcouncil.org.
