Introduction
These Terms apply to your use of the MyClass Services (as defined below) provided by the British Council through the MyClass Portal and App (as defined below). MyClass is a general English course, delivered in-person by British Council teachers and supported by digital wraparound activities.
By signing up or using any of the MyClass Services, including all associated features and functionalities, as well as all digital content and software applications associated with the MyClass Services, you are entering into a binding contract with the British Council.Please read these Terms carefully before you use the MyClass Services. By clicking “Agree and continue” to the terms and conditions of use before using the MyClass Services, you are confirming that you agree to be bound by these Terms.
If you do not accept these Terms, you may not use the MyClass Services or access any classes or associated content.
These Terms are structured in the following parts:
|
Part |
Title |
Description |
|---|---|---|
|
Part 1 |
General Terms and Conditions |
These terms apply to all orders. |
|
Part 2 |
Location Specific Terms and Conditions |
These are specific terms (if any) that apply in the location in which you are normally resident. |
Part 1 – General Terms and Conditions
Please be aware Location Specific Terms and Conditions may apply to this Contract in the location in which you are normally resident. If so, they will be set out in Part 2. If any of the General Terms and Conditions conflict with or contradict the Location Specific Terms and Conditions, the relevant provision of the Location Specific Terms and Conditions will apply to your Contract instead of the relevant provision of the General Terms and Conditions.
1. Definitions
App means the MyClass mobile application developed by the British Council.
Booster Classes means additional Classes that are not part of a Module which can be purchased for one (1) Class Credit.
British Council means the British Council, 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.
Cancellation Period means the 14-day cancellation period for the MyClass Services, as more fully described in our cancellation policy as set out in clause 10.
Classes means the In-Person Classes, Booster Classes, MyOne-to-One Classes and, where available, Online Classes delivered as part of the MyClass Services (each a “Class”).
Class Credits means the credits purchased as part of a Credit Package, which are used to book the Classes (each a “Class Credit”).
Content means any material from the Classes, social clubs, activities and assessments, or any other print or digital content or material that is made available through the MyClass Portal and App as part of the MyClass Services (whether real time content or self-access).
Contract means the legally binding contract between you and the British Council on these Terms.
Credit Package means a package of Class Credits which can be purchased in the following blocks:
a) 20 Class Credits – these are valid for three (3) months; a
b) 40 Class Credits – these are valid for six (6) months; and
c) 60 Class Credits – these are valid for nine (9) months;
or such other packages of Class Credits as may be offered locally through the MyClass Portal, App and/or website.
Customer Support Team means the customer support representatives working at each Teaching Centre.
General Terms and Conditions means the terms set out in Part 1 of these Terms.
In-person Classes means the classes held at the Teaching Centres, or off-site locations, which are offered as part of a Module but can be booked individually for one (1) Class Credit (each an “In-Person Class”) or as part of a Module.
Location Specific Terms and Conditions means the terms set out in Part 2 of these Terms and which set out any terms and conditions which are specific to the MyClass Services in your location.
Module means a collection of six (6) In-person Classes plus digital wraparound activities, which have been curated within a MyClass Pathway to achieve a specific learning goal.
MyClass is described in the Introduction to these Terms.
MyClass Account means your account on the MyClass Portal and App where you will be able to access your Class Credits and book and manage your MyClass Services and Content.
MyClass Pathways means the work, social and academic pathways, all of which have been designed to include relevant Modules to help specific learning goals to be achieved.
MyClass Portal means the online platform on which information about the MyClass Services is accessed and bookings are made.
MyClass Services means any services provided by the British Council as part of the MyClass offering, including all Classes, orientation sessions, associated social clubs, academic advisor sessions, activities and assessments, features and functionalities, as well as all content and software applications associated with the services.
MyOne-to-One Classes means one-to-one classes which can be booked for four (4) Class Credits.
Online Classes means group classes held via Zoom and/or Microsoft Teams which can be booked for one (1) Class Credit (each an “Online Class”).
Order Confirmation means an order confirmation emailed to you confirming receipt of payment in accordance with clause 2.2 of the General Terms and Conditions.
Payment Processor means the British Council’s third-party payment gateway provider for the MyClass Services.
Teaching Centre means the British Council teaching centre where In-Person Classes and other MyClass Services will be provided, details of which can be found when booking Classes.
Terms means these terms and conditions of use (including the introduction, these General Terms and Conditions and the Location Specific Terms and Conditions) and any other documents referred to in them.
we, us, our means the British Council.
you, your means the person agreeing to these Terms.
Your Content means any content created, developed or in any way added on or to the MyClass Portal and/or App by you or through your password-protected account, such as during a Class or any other part of the MyClass Services.
2. How the Contract is formed
2.1 The pages of the MyClass website will guide you through the steps you need to take to purchase your first Credit Package, and any subsequent Credit Packages you may choose to purchase once the Contract is formed. The order process allows you to check and amend any errors before submitting your order.
2.2 Once the Payment Processor receives a legitimate payment for a Credit Package into its designated bank account, your Order Confirmation will be emailed to you.
2.3 When we receive confirmation of successful payment from the Payment Processor for your first Credit Package, we will create your MyClass Account. Once your MyClass Account has been created, you will receive an email to access the MyClass Portal and/or App. You will initially be asked to complete your MyClass Account set up, which includes setting your own password. Once you have completed the set up, your MyClass Account will be activated and you will be able to use your Class Credits.
2.4 The Contract will only be formed, and become legally binding, once your MyClass Account has been activated.
2.5 Once the Contract is formed, you may purchase additional Credit Packages in accordance with clause 9.5 below. You will receive a separate Order Confirmation for each additional Credit Package purchased under this Contract.
3. How to pay for Credit Packages
3.1 All prices for the Credit Packages offered for the MyClass Services will be displayed on the MyClass website during the order process, and on the MyClass Portal and/or App. All prices quoted include applicable taxes and charges incurred by the British Council for use of debit or credit cards (where such charges are permitted) unless otherwise stated. You may incur additional charges for the use of debit or credit cards from your provider and those charges are in addition to the advertised price for Credit Packages.
3.2 Payment can be made by credit or debit card, or e-wallet (or any other payment method permitted by the British Council as explained in the order process). In all cases the British Council treats payment as confirmation that you are the person authorised to use that credit card or debit card or other payment process and that you are over the age of 18 years.
4. The British Council’s Payment Processor
4.1 The British Council uses a Payment Processor to facilitate your payments in respect of the MyClass Services. To allow our Payment Processor to verify and process your payments, it is necessary to provide certain personal information to the Payment Processor (including your name, financial details and billing address).
4.2 When you purchase a Credit Package, 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.
4.3 Our Payment Processor will only use your personal information for the purpose of processing payments and in accordance with applicable data protection laws.
5. MyClass Services options
5.1 You can find an overview of the MyClass Services, MyClass Pathways and Modules on the MyClass website, and we will explain which of the MyClass Services, MyClass Pathways and Modules are available to you when you create an account.
5.2 For each Credit Package purchased you will automatically receive a set of Class Credits upon payment. The number of Class Credits you receive will depend on the Credit Package you have purchased. Class Credits are used to book Classes. The number of Class Credits required to book a Class will be displayed on the MyClass website, MyClass Portal and App. You choose how to use your Class Credits. You are responsible for using all your Class Credits before their expiry date. For any Class Credits not used before their expiry date, the British Council reserves the right not to refund the Class Credits unless stated otherwise in the Location Specific Terms and Conditions.
6. Your rights and obligations when using the MyClass Services
6.1 You are authorised to:
a) enter the Teaching Centres and make use of the communal areas and facilities and the classrooms which we designate for your use in connection with the MyClass Services; and
b) use the Content for the duration of the Contract for the purpose of the MyClass Services or as otherwise specified by us,
provided that you have paid for a Credit Package, and you comply with any applicable policies and codes of conduct regarding your use of the Teaching Centres and the Content provided to you by the British Council from time to time.
6.2 As the In-Person Classes will be booked through and, the Online Classes and the Content will be provided through, a third party web browser (such as Microsoft Edge, Chrome or Firefox) you should also read the terms of use and privacy policy that apply to your use of that web browser.
6.3 You are responsible for ensuring you have in place all hardware, software and telecommunications necessary to access and use the MyClass Services and will be responsible for all related charges, including the fees of internet service providers.
6.4 The British Council will provide you with information about the materials that are required to complete the Classes.
6.5 You will not:
(a) provide access to the MyClass Portal, App and/or MyClass Services to any other individual or legal entity;
(b) disrupt, interfere with or restrict the use of the MyClass Services or the Content;
(c) use the MyClass Services in any way that prevents, disrupts or interferes with any other person’s use of the MyClass Services;
(d) abuse, harass, threaten, impersonate or intimidate any other users of the MyClass Services;
(e) upload or display any comments or materials through your participation in the MyClass Services which are false, offensive, sexually explicit, defamatory, threatening, obscene or unlawful or which infringe intellectual property rights;
(f) probe, scan or test the vulnerability of the MyClass Portal, App and/or MyClass Services or attempt to circumvent or hack any user authentication or security controls in respect of the MyClass Services;
(g) reverse compile, disassemble, reverse engineer, decompile, copy, duplicate, modify or adapt any software or other code or scripts forming part of the MyClass Services (except to the extent permitted by law) or attempt to transmit to or via the MyClass Portal and/or App any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;
(h) change, modify, delete, interfere with or misuse any files or other data created, owned or provided by the British Council or any third party provided as part of the MyClass Services (except as expressly permitted under these Terms); or
(i) use the MyClass Services in contravention of any applicable law.
6.6 When using the MyClass Services to access the Content and/or attend the Classes, you shall:
(a) at all times behave with honesty, integrity and show courtesy, consideration and respect to others;
(b) prepare for any Class as reasonably required by the British Council;
(c) participate fully in group work if required as part of any Class; and
(d) respect the confidentiality of all information that you acquire in connection with the MyClass Services.
6.7 We may exclude you from all or part of a Class if, in our reasonable opinion, your behaviour and conduct fall below our standards, your presence is an impediment to the delivery of the Class or you bring us into disrepute. In these circumstances we reserve the right not to issue refunds for the Class Credit(s) used in respect of any Class from which you are excluded, and there will be no further liability for us. You are expected to conduct yourself in a polite and professional manner at all times, and to observe and comply with our policies and codes of conduct, as provided to you by the British Council. We may update and replace these policies and codes of conduct from time to time to ensure that we are operating efficiently for students. We will not tolerate any behaviour which falls below these standards. Failure to comply may result in us taking disciplinary action against you which could result in you being prevented from accessing or using the MyClass Services.
6.8 The opinions and messages posted by users of the MyClass Services do not reflect and are not representative of the views of the British Council or its employees, affiliates, suppliers or partners. The British Council is not responsible for the content of messages published by users to other users they have identified through the MyClass Services.
7. Delays, technology limitations and modifications to MyClass
7.1 The British Council will use reasonable endeavours to make the MyClass Services available at the date and time agreed on your Order Confirmation or as otherwise notified to you by us. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions to the Content and MyClass Services. The British Council does not and cannot warrant or guarantee that your use of the MyClass Services will be uninterrupted or error-free. We are 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 you acknowledge that the MyClass Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.2 The British Council may, from time to time, at its sole discretion and without prior notice to you, change, expand and improve the MyClass Services. We may also, at any time, cease operating part or all of the MyClass Portal, App and/or MyClass Services or selectively disable certain aspects or portions of the MyClass Portal, App and/or MyClass Services or any Content. Any modifications or eliminations of the MyClass Portal, App and/or MyClass Services or the Content are at the sole and absolute discretion of the British Council, and your use of the the MyClass Portal, App and/or MyClass Services does not entitle you to the continued provision or availability of the MyClass Portal, App and/or MyClass Services.
7.3 You understand, agree, and accept that the British Council will, although it has no obligation to do so, make reasonable efforts to maintain, support, upgrade, or update the MyClass Services or Content, or to provide all or any specific content through the MyClass Services.
8. Cancellation of and delays to Classes
8.1 If you have booked an individual Class and cancel that booking more than 24 hours prior to the Class, you will not lose the Class Credits used for that booking. If you cancel the booking within 24 hours of the Class, the Class Credits will not be refunded. If you wish to cancel a Class, you can do so via the MyClass Portal or App, where you can access “Your booked classes” on the dashboard.
8.2 If you have booked six (6) Classes together as part of a Module and cancel any of the Classes booked as part of that Module, all six (6) Classes you have booked will be cancelled. You will not receive a refund for any Classes you have attended or missed or for any Class due to commence within 24 hours of your cancellation. You will receive a refund of Class Credits, for any outstanding Classes from a Module due to commence more than 24 hours after your cancellation. You can cancel a Module at any time using the 'Manage Booking' button on the relevant Module page within the MyClass Portal and App.
8.3 If the Class is cancelled by the British Council, any Class Credits you have used to book the Class will be credited to your MyClass Account.
8.4 We are not responsible for any delays outside our control affecting the Classes. If the delivery of Classes is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay such as using reasonable endeavours to offer you a place on an alternative Class (which may be online if that is the only option available to us). Provided we do this we will not be liable for delays caused by the event, but if the Class is cancelled, the Class Credits used to book the Class will be credited to your MyClass Account.
9. Managing your Credit Package
Payment
9.1 For all Credit Packages, payment will be taken upon order of the Credit Package.
9.2 You will receive an Order Confirmation via email for your purchase of a Credit Package.
9.3 The British Council may change the price for the Credit Packages from time to time and the price that is shown on the MyClass website, MyClass Portal and/or App when you register for the MyClass Services or purchase Credit Packages will be the applicable price that you must pay. Subject to applicable law, you accept the new price by continuing to purchase any Credit Packages after the price change takes effect.
Updating details
9.4 You can check your Credit Package details by logging into your MyClass Account and by clicking on your name in the top right-hand corner. You will see a drop-down menu with various options to choose from, including Account Status.
Amending your Credit Packages
9.5 If you wish to purchase additional Class Credits, you can opt to purchase an add-on Credit Package by using the ‘Buy Credits’ button on the account status page of your MyClass Account on the MyClass Portal and/or App, or by contacting your local Customer Support Team.
9.6 In certain countries you may be able to suspend, renew or extend any Credit Packages purchased. For details about the extent to which you can suspend, renew or extend any Credit Packages purchased (and how to do so, where applicable), contact your local Customer Support Team.
10. Cancellation of the Contract
10.1 This Contract will continue to apply to you until your MyClass Account is closed by either you or the British Council or, the Contract is cancelled by either Party in accordance with our cancellation policy set out below or, if applicable, the cancellation terms set out in Part 2 of these Terms.
10.2 If either Party cancels the Contract under clause 10.1, any refunds payable for any unused Class Credits will be calculated and paid to you in accordance with our refund policy set out below or, if applicable, the refund terms set out in Part 2 of these Terms.
Cancellation by the British Council
10.3 The British Council may cancel this Contract or suspend your access to the MyClass Services by giving you notice in writing (whether by email or otherwise) at any time if you breach these Terms (but not if it is a trivial breach), in which case the British Council shall have no liability or responsibility to you, and the British Council reserves the right not to refund any amounts that you have already paid for the Credit Package(s).
10.4 The British Council may also cancel the Contract or suspend your access to the MyClass Services at any time, without liability to you if:
(a) the British Council is unable to provide the MyClass Services in full due to a reason beyond its reasonable control; or
(b) the British Council withdraws part of or the whole of the MyClass Services and/or the Content (in which case we shall provide you reasonable notice in advance of doing so).
10.5 If the British Council cancels the Contract under clause 10.4, you will be entitled to receive a full refund of the price paid for any unused Class Credits as at the time of cancellation.
Cancellation by you within 14-day Cancellation Period
10.6 The Cancellation Period begins when you receive your Order Confirmation and expires 14 days after. You have a legal right to cancel a Credit Package for any reason (even if you change your mind) and receive a full refund of all payments we have received from you within the Cancellation Period, except that right will not apply if, during the Cancellation Period, you have attended any Classes.
10.7 To exercise the right to cancel, you must cancel the relevant Credit Package by contacting your local Customer Support Team.
10.8 If you exercise your right to cancel a Credit Package within the Cancellation Period under clauses 10.6 and 10.7, the British Council will reimburse to you the payment received from you in respect of the relevant Credit Package. 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 Credit Package.
10.9 The British Council will make the repayment using the same means of payment as you used for the initial transaction.
Cancellation by you after the 14-day Cancellation Period
10.10 The Cancellation Period begins when you receive your Order Confirmation and expires 14 days after. After the Cancellation Period has expired, if you no longer want to receive the MyClass Services, you can cancel your Credit Package by contacting your local Customer Support Team. However, we reserve the right not to issue any refund from the British Council, in which case you will lose all unused Class Credits.
11. Data protection
11.1 We will only use your personal information as set out in our privacy policy.
12. Equality, diversity, and inclusion
12.1 The British Council seeks to ensure equal opportunities are provided to all individuals.
12.2 If you have a disability or special need, the British Council will make reasonable adjustments to make sure that you have, as far as is reasonable, the same access to everything that is involved in the MyClass Services as a person without a disability or special need.
12.3 Please provide the British Council with details of your disability and special needs as soon as possible after purchasing your Credit Package and before you start your first Class.
13. Intellectual property
13.1 The British Council is the owner or the licensee of all intellectual property rights in the Content and in the design, structure, “look and feel” and the arrangement of the MyClass website, MyClass Portal, App and/or MyClass Services. We grant you limited, non-exclusive, revocable permission to make use of the MyClass Services for the purposes of your study and research, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content for the purposes of your study and research (collectively, “Access”). This Access shall remain in effect until and unless this Contract is cancelled by you or the British Council. You agree that you are using the MyClass Services and Content for your own personal, non-commercial use and that you will not redistribute or transfer the MyClass Services or the Content.
13.2 You must not use the Content or material contained in the MyClass Services for any other purpose without our prior written approval, including:
(a) for commercial purposes;
(b) republishing any of the Content on another website;
(c) modifying the Content in any way (unless permitted to do so on the relevant part of the MyClass Portal and/or App);
(d) using any illustrations, images, video or audio sequences or any graphics within British Council Content separately from any accompanying text; and
(e) removing any trademark, copyright or other proprietary notices contained in or appearing on the MyClass Portal and/or App or any of the Content in whole or in part.
13.3 If you wish to make any use of British Council Content that is not authorised by these Terms, please contact us for permission explaining the purpose of use and full details of any the Content you wish to use.
14. The British Council’s liability to you
14.1 Nothing in these 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.
14.2 Subject to clause 14.1, the British Council does not accept responsibility and expressly excludes liability for any loss or damage to your property that occurs where the British Council is delivering the MyClass Services.
14.3 Subject to clause 14.1, 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.
14.4 If defective Content which the British Council has supplied damages a device or Your Content, 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.
14.5 Subject to clauses 14.1, 14.2, 14.3 and 14.4, the British Council’s liability in connection with the Contract will be limited to the price paid by you for the Credit Package purchased under the Contract.
15. Failure to comply with these Terms
15.1 If the British Council believes that you have not complied with these Terms, the British Council may:
(a) refuse your further use of and/or access to the MyClass Portal, App and/or MyClass Services; and/or
(b) delete your MyClass Account; and/or
(c) remove and/or edit any or Your Content from the platform.
16. Other important terms
16.1 The British Council may transfer the Contract (in whole or in part), or subcontract or delegate the delivery of MyClass Services 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.
16.2 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.
16.3 Other than as stated in clause 16.4 or as explicitly agreed upon in writing between you and the British Council, these Terms constitute the entire Contract between you and the British Council in relation to the MyClass Services and supersede any prior agreements in relation to the subject matter of the Contract, whether written or oral. 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.
16.4 Please note, however, that certain aspects of your use of the MyClass Services may be governed by additional terms. That could include, for example, access to the MyClass Portal, App and/or MyClass Services as a result of a free or discounted Credit Package offer, a promotion, or together with other services. When you are presented with such an offer by the British Council, we will provide you with any related additional terms, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
16.5 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.
16.6 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.
16.7 Subject to the Location Specific Terms and Conditions (Part 2) 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). For the avoidance of doubt, this Contract is deemed to have been formed in England unless the Location Specific Terms and Conditions state otherwise.
16.8 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 via https://www.britishcouncil.org/contact.
16.9 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.
16.10 The British Council may contact you or provide a notice referred to in this Contract through the MyClass Portal and/or App or by sending you an email to the nominated email address provided by you during the order process.
17. Contacting the British Council
17.1 If you have any questions, comments or enquiries the MyClass Portal, App and/or MyClass Services, please contact your local Customer Support Team.
Part 2 – Location Specific Terms and Conditions
For MyClass Services offered in Poland:
1. Definitions
British Council means Fundacja British Council registered in the District Court of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000449621, NIP (tax Identity No.): 7010369489, with its registered office in Warsaw, Poland and address at 54 Koszykowa, 00-675 Warsaw, Poland, represented by Rachel Launay, Director Poland and Czech Republic, Board Member.
2. General Terms and Conditions
For further details of specific terms that apply in Poland, please refer to the Conditions and Regulations for your Purchase of MyClass in Poland.