Terms and Conditions of Enrolment on BARBRI Bar Review International Course
These Terms and Conditions apply to the enrolment of the undersigned student (the “Student”) on the Bar Review International course (the “Course”) and the provision of this course by BARBRI International Limited, (the “Company”) and constitute the entire agreement between the Student and the Company (the “Agreement”).
1.1 The Company and the Student are bound by this Agreement upon submission of a completed enrolment application form by the Student whether submitted online or hard copy) and acceptance by the Company of the Student’s enrolment application.
1.2 Where there is any inconsistency between these terms and conditions and any special terms and conditions (e.g. course purchase and payment plan agreement), which may be agreed between the Company and the Student from time to time, the special terms and conditions will take precedence.
1.3 The Company may, in its sole discretion, accept or reject any enrolment application by any student to enrol on a Course, and will notify the Student in writing by e-mail accordingly.
1.4 The payment by or on behalf of the Student of any sum intended to be in respect of course fees (the “Fees”) will not oblige the Company to accept an enrolment application from that Student.
1.5 The Student may not assign this Agreement or any of his/her rights or obligations hereunder.
2. Provision of the Course
2.1 The Student is solely responsible for determining whether the Course is sufficient and suitable for his/her needs. The Company does not provide any guarantee in respect of the standard of the Student’s abilities to undertake the Course or on completion of the Course.
2.2 The Student will provide the Company with any and all reasonably requested information in connection with the Course.
2.3 The Company will provide the Course as described in the Course information booklet published on the Company’s website (as amended from time to time).
2.4 Unless otherwise indicated, the Fees do not include the Student’s travel, accommodation, subsistence, insurance, or other costs that may arise prior to or during the Course.
2.5 The Course location is subject to availability and depends on sufficient student enrolments in each location. The Company reserves the right to cancel the provision of the Course in a location up to three (3) weeks in advance of the start date of the Course.
3. Payment Terms
3.1 The Student is liable to the Company for the Fees as published on the Company’s website at the time and date on which the Student submits his/her enrolment application form.
3.2 The Fees are due (i) upon acceptance of the Student’s application for enrolment by the Company, or (ii) if an invoice is requested by the Student at the time of submission of his/her enrolment application form, within fourteen (14) days of the date of issuance of the invoice. If an application is rejected by the Company after payment of all or any part of the Fees, the Fees will be refunded in full.
3.3 The Fees may be paid in instalments on the basis of a Course Purchase and Payment Plan Agreement, and must be paid in accordance with the terms agreed in any such Agreement between the Student and the Company.
3.4 The Company may accept payment of the Fees by or on behalf of the Student by credit card over the phone, online, or by bank transfer.
3.5 All payments of Fees must be in the agreed to currency and are inclusive of VAT and other taxes that may apply. Any currency conversion charges or other transfer charges must be borne by the Student.
4. Amendment of Course by the Company
4.1 The Company reserves the right to: (i) make reasonable amendment to the Course content or structure;
(ii) Change the individuals responsible for organising or delivering the Course, and
(iii) Change the Course venue to an alternative venue within a five mile radius of the advertised venue.
4.2 The Company will inform the Student about major Course amendments or a new Course venue with as much notice as reasonably possible.
4.3 If the Course is cancelled by the Company in accordance with clause 2.5 above, any Fees already paid will be refunded in full to the Student.
4.4 If the Course is postponed, the Student may choose to attend the Course as postponed, or to receive a full refund. Requests for refunds must be in writing, and will be acknowledged by the Company in writing. Refunds will be paid by the Company within 75 days of receipt of the Student’s request for refund.
5. Cancellation of the Course by the Student
5.1 If the Student wishes to cancel his/her application for enrolment on the Course on or before 14th September for the October Course or on or before 14th February for the March Course (the ”Cancellation Date”), he/she may do so by contacting the Company in writing by e-mail at firstname.lastname@example.org. An administration charge of US$395 will be charged to cancel the Student’s enrolment and such sum will be deducted from any Fees already paid to the Company. No further fees will be charged to the Student if the student’s request for cancellation is received before the Cancellation Date.
5.2 Provided written notice of cancellation is received by the Company on or before the Cancellation Date, any Fees already paid will be refunded to the Student within fourteen (14) days of receipt of the notice of cancellation (subject to deduction of the administration charge in clause 5.1 above).
5.3 If the Student wishes to cancel his/her enrolment on the Course after the Cancellation Date he/she may do so in writing by e-mail by contacting the Company at email@example.com. In so cancelling his/her enrolment, he/she will forfeit all Fees paid and the full Fees will become immediately payable.
6. Deferral or Intermittence
6.1 The Student may defer the Course once, and may only defer to the next chronological Course if written notice is provided to the Company by e-mail to firstname.lastname@example.org, and upon payment of a US$395 administration fee.
6.2 If the Student seeks to defer a second time, this will be treated as a cancellation in accordance with the terms of clause 5 above. He/she will forfeit the Fees paid.
6.3 If the Student seeks to re-enrol on the Course after deferring once, he/she will be required to submit a new enrolment application form, and the full Fees for a new application will be payable.
6.4 The Student may intermit the Course once, i.e. stop attending lectures during the Course and start again at the start of the next chronological Course, if written notice is provided to the Company by e-mail to email@example.com. The Student will be able to re-join the Course within two (2) years of the start date of the original Course he/she attended. An administration fee of US$395 must be paid to the Company to facilitate intermittence. No other deferrals, or intermittence of the Course will be permitted, except in the absolute discretion of the Director of Programmes. Any such decision by the Director of Programmes will be final.
7. BARBRI Guarantee Should the Student take the full Course for the first time and not pass or not sit the bar exam, the Student may repeat the Course by attending lectures or online for the same state the next time the Course is offered by the Company, without paying additional fees (the “BARBRI Guarantee”). The Guarantee is only available for the next chronological Course offered by the Company, and does not include any upgrades, including supplemental workshops or a new set of books. All Guarantee students are entitled to a new set of lecture handouts, however. Such handouts will be available for download by the Student on the website www.barbri.com.
Alumni fees will apply to all subsequent courses undertaken by the Student for a period of five (5) years from the start date of the original Course he/she attended.
8. Alumni Policy
The Student may take a bar review course provided by the Company, or by BARBRI Inc. in a second state, or repeat a course more than once in the same state for the reduced alumni price available at the time of taking the second state or repeat Course. The alumni Course must be taken within five (5) years of the start date of the original Course the Student attended.
If the Student defaults on any part or all of his/her obligations arising from this Agreement, he/she will be liable for all losses suffered by the Company in connection with such default, including but not limited to attorney’s fees, collection and court costs. The Company reserves the right to terminate your enrolment for reason of default and to report any payment defaults or delinquencies to a national credit reporting bureau or similar organisation.
The Student acknowledges that the Company, and BARBRI Inc. own all rights, title and interest in and to all lectures and Course materials all of which are protected by the relevant copyright laws and shall not be shared, sold, copied, recorded or reproduced by the Student by any means or for any purpose.
11. Limitation of Liability
11.1 Subject to clause 11.3 below, the liability of the Company to the Student with respect to the provision of the Course, the cancellation, postponement or amendment of the Course, any negligence, breach of contract arising in any other way out of this Agreement will not extend to:
(i) any losses or damages, any loss of profits, loss of contracts or opportunity whether direct or indirect, even if the Company had been advised of the possibility of those losses or if they were within the Company’s contemplation; or
(ii) any costs or expenses incurred by any person or organisation in connection with travel, accommodation, reservations, or other arrangements.
11.2 In any event, subject to clause 11.3 below, the liability of the Company to the Student with respect to the provision of the Course, the cancellation, postponement or amendment of the Course, any negligence, breach of contract arising in any other way out of this Agreement is limited to the amount of Fees received from or on behalf of the Student in respect of the Course.
11.3 Nothing in this Agreement will operate to limit or exclude the liability of the Company for death or personal injury arising from the Company’s negligence, fraud, or any other liability that by law cannot be limited or excluded.
11.4 Views expressed by Course faculty members are their own, and the Company accepts no liability for advice given, or views expressed by the Course faculty members or in any notes or documentation provided to the Student.
11.5 Unless otherwise indicated, all courses are taught in English. The Company does not accept any liability for any losses, costs, or expenses incurred by or on behalf of the Student, in connection with the Student’s lack of English language ability. The Student warrants the suitability for purpose of his/her English language ability.
11.6 The Company accepts no liability for the loss or damage of the Student’s property, and shall not provide any insurance cover whatsoever to the Student.
11.7 The warranties and undertakings given by the Company in this Agreement are to the extent permitted by law, given in lieu of all implied conditions, warranties, representations or other terms, including any relating to satisfactory quality, fitness for a particular or any purpose, or the ability to achieve a particular result. The Student shall have sole responsibility for fulfilling any requirements or accomplishing any objectives for which he/she purchased the Company’s services or materials.
11.8 The Company will not be liable for any failure or delay in the performance, in whole or in part, of any of its obligations under this Agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control.
12. Governing Law
12.1 This Agreement will be construed in accordance with Irish law.
12.2 In the event of a dispute arising out of, in connection to or under this Agreement the parties agree to use mediation to attempt to resolve said dispute. Any agreement arising out of mediation shall be in writing, signed by the parties, and mediator, and have the effect of a contract between the parties.
12.3 If mediation is unsuccessful, the dispute shall be settled by arbitration in Dublin, in accordance with the laws and rules of Ireland. The decision of the arbitrator(s) shall be binding on all parties, and judgment on the award rendered by the arbitrator(s) may be entered in any court of relevant jurisdiction. Any arbitration award shall include legal fees for the prevailing party.