Section 6 – Liability, ending the agreement and general provisions

29. Events outside our control

29.1 We will not be liable to you to the extent that we fail to perform, or delay, any of our obligations under this student agreement directly or indirectly because of an Event Outside Our Control. An Event Outside Our Control is any act or event beyond our reasonable control including civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control affects our performance under this student agreement, we will contact you as soon as reasonably possible. While the Event Outside Our Control continues and for a reasonable reinstatement period after it ends, the affected obligations will not apply. We will start to perform the affected obligations again as soon as reasonably possible when the Event Outside Our Control ends.

29.2 To the extent that we cannot perform, or we delay, any of our obligations under this student agreement directly or indirectly because of an Event Outside Our Control, we will use reasonable efforts to perform those obligations while paragraph 29.1 applies, to the extent we determine this will be safe, lawful and reasonably practicable in all the circumstances, having regard to our resources and other obligations (contractual, regulatory or statutory).

29.3 Where an Event Outside Our Control has a significant effect on our ability to operate in our usual way, if we reasonably determine that we can still meet an obligation to you by using alternative means, we shall be entitled to do this without incurring any liability to you. This may include for example changes to the timing of elements within your programme of study, delivering teaching or carrying out assessment using different methods and changes to arrangements for accessing services or facilities. We will keep you informed about this type of change and inform you in advance of changes occurring as far as reasonably possible.

30. Liability

30.1 We take reasonable care to keep our students safe and secure on our campus. We are responsible for:

• Loss or damage you suffer that is a foreseeable result of our breach of this student agreement or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or negligence or if it was contemplated by you and us at the time we entered into this agreement
• Death or personal injury caused by our negligence or the negligence of our staff
• Loss or damage caused by our fraud or fraudulent misrepresentation
• Loss or damage that you suffer if we have not provided services under this agreement with reasonable care and skill and within a reasonable time.

30.2 We are not responsible for:

• Loss or damage that you suffer, including theft or damage to property, because of the actions or omissions of other people who are not our staff, sub-contractors or agents, for example other students or members of the public
• Loss or damage that you suffer because you have not followed instructions, have been negligent or careless yourself or if you have not taken steps that we asked you to take. For example, we may ask you to take action tied to public health measures, under a risk assessment related to any activity, or we may ask you to comply with requirements under an insurance policy.

30.3 We recommend that you insure personal property against loss or damage. Please check whether you have appropriate insurance cover. Insurance may be provided as part of your licence fee in BU accommodation.

30.4 You may be liable to us if you cause damage or loss to our staff, property (including Intellectual Property and software licences) or buildings that is a foreseeable result of your breach of this student agreement or the provisions of any BU rule, regulation, policy, procedure or code of practice or your negligence.

31. Ending or suspending the student agreement

31.1 Your student agreement will end if you cancel or withdraw under paragraph 4 (Cancelling after you accept your offer but before starting your course) or paragraph 5 (Cancellation and withdrawal at the start of your course).

31.2 If you wish to withdraw after your course has started, you must complete Part One of our Withdrawal Form and hand or email it to your Programme Support Office (see the Engagement and Attendance Policy and Procedure (www.bournemouth.ac.uk/important-information, under Conduct and Welfare). There are financial implications if you withdraw. See paragraph 28 (Financial arrangements on withdrawal, suspension or other interruption).

31.3 If you wish to put your studies on hold after your course has started, you must complete Part One of our Interruption of Studies Request Form and hand or email it to your Programme Support Office (see Interruption of Study: Procedure www.bournemouth.ac.uk/important-information under Conduct and Welfare). It may not always be possible to agree to your request. If you are an international student, the terms of your visa may not allow you to put your studies on hold (see paragraph 31.8). There are financial implications if you interrupt your studies. See paragraph 28 (Financial arrangements on withdrawal, suspension or other interruption).

31.4 Any suspension or withdrawal from an ESFA funded apprenticeship programme must also be agreed by your employer.

31.5 We may withdraw your offer and end your student agreement if:

• You provided inaccurate or incorrect information (see paragraph 1.4)
• You do not meet all of the academic conditions and non-academic requirements of your offer (see paragraphs 2 and 3)
• The course is withdrawn or deferred before you have enrolled (see paragraph 6.6).

31.6 We may withdraw you from your course and end this student agreement, or we may suspend you from your course if:

• You have not met the requirements of your course, including:
  
  1. The academic requirements (see paragraph 19)
  2. The requirements for a regulated professions course or placement (see paragraphs 3 and 12.1)
  3. Requirements to obtain and complete a placement (see paragraph 12.2)
  4. A requirement to be a member of or attend an organisation
  5. The eligibility requirements of an ESFA funded programme
• You have provided inaccurate or incorrect information (see paragraph 1.4)
• We require you to withdraw or we suspend you under:
  
  1. The Support to Study Policy and Procedure (paragraph 16)
  2. The Fitness to Practise Procedure (paragraph 17)
  3. The Student Disciplinary Procedure (paragraph 18)
  4. The Academic Offences Policy and Procedure for Taught Awards (paragraph 20)
  5. The Research Misconduct Policy and Procedure (paragraph 21)
  6. The Engagement and Attendance Policy and Procedure (see paragraph 31.8)
• You fail to pay tuition fees (for more information see Section 5 on Fees and Charges).

See paragraph 28 (Financial arrangements on withdrawal, suspension or other interruption) for more information about fees, refunds and access to funding if you put your studies on hold, are withdrawn or suspended.

31.7 If you are an apprentice enrolled on an apprenticeship training programme funded by the Education and Skills Funding Agency (ESFA), under the ESFA’s funding rules for main providers:

• You will no longer be eligible for funding from the ESFA in the event you become unemployed or self-employed while undertaking the apprenticeship. In these circumstances, we will withdraw you from your apprenticeship training programme, and we will report your withdrawal to the ESFA
• If you are made redundant by your employer, the ESFA may – depending on the circumstances - continue funding your apprenticeship either temporarily or to completion. You should seek advice from your Programme Leader at the earliest opportunity if this applies to you. If you are made redundant and are no longer eligible for funding from the ESFA, we will withdraw you from your apprenticeship training programme, and we will report your withdrawal to the ESFA.
• Your eligibility for funding may be at risk if you change employer during the term of your apprenticeship. Failure to promptly notify BU of a planned change of employer will result in withdrawal from the apprenticeship.

31.8 We may withdraw you from your course under the Engagement and Attendance Policy and Procedure  (see www.bournemouth.ac.uk/important-information, under Conduct and Welfare) and end this student agreement if:

• You do not respond or re-engage with your learning after we have raised concerns with you about your level of engagement with your course
• You do not have or maintain the correct visa or other immigration status to allow you to study at BU, or fail to comply with any conditions attached to your visa, including requirements for placements (see paragraphs 2.6 and 12). We will need to report to the Home Office if we withdraw you for this reason.

31.9 In some cases, you may have a right to appeal a decision to require you to withdraw as described in the relevant policy. For example, if you wish to appeal against an academic assessment, you may do so under the Academic Appeals: Policy and Procedure for Taught Awards or the Academic Appeals: Policy and Procedures for Research Awards (see paragraph 22). Guidance and support is available from AskBU (call +44 (0)1202 969696, email [email protected], or visit Student Services, Ground Floor, Poole House, Talbot Campus or the Helpzone, Bournemouth Gateway Building, Lansdowne Campus) and from SUBU Advice (+44 (0)1202 965779 or email [email protected]).

32. General

32.1 You must tell us about any changes to your personal information. You must email the Programme Support Office in your Faculty about any updates or changes immediately and update your details on our student record system. If you are studying at a Partner College, you must let the Partner know. We will use the contact details you give us and you should not expect us to find alternative ways of contacting you.

32.2 We will use the personal information you provide to us and other information about you as described in:

1. our Student Recruitment and Admissions Privacy Notice. You will have been provided with links to this notice during the admissions process and you can review it on our website (www.bournemouth.ac.uk/about/governance/access-information/data-protection-privacy/student-recruitment-admissions-privacy-notice); and
2. our Student Privacy Notice. You are prompted to read our Student Privacy Notice when you register online and you can review it on our website (www.bournemouth.ac.uk/about/governance/access-information/data-protection-privacy/student-privacy-notice).

You may also be given separate privacy information by us about specific uses of your personal information.

32.3 No third party has any right to enforce any of the terms of your student agreement.

32.4 This student agreement and any dispute or claim arising out of it or in connection with it are governed by and construed under the English law and subject to the jurisdiction of the English courts.