use of websites and associated online services (together “Online Services”) operated by companies in the BMC-Benchmarking Consortium group (together “BMC-Benchmarking Consortium” or “we”); and sales of books and other physical products via the Online Services. Additional terms may apply to specific BMC-Benchmarking Consortium services, including the Service-Specific Terms below and other terms that are communicated to you. These Terms do not apply to services and transactions of BMC-Benchmarking Consortium Partners under a partner agreement, for which the terms and conditions therein are applicable.
Registered users of Online Services, including users who pay for Online Services via a third party and/or voucher, are required to accept these Terms. If you intend to use our Online Services as a visitor, you must comply with these Terms (if you do not agree please do not use the Online Services). Both registered users and visitors of the Online Services are referred to in these Terms as “Users”. As a User, you agree to be bound by these Terms for the duration of your use of the Online Services. If you wish to terminate your relationship with BMC-Benchmarking Consortium and stop using the Online Services, you may do so at any time by ceasing to use the platform and contacting BMC-Benchmarking Consortium to request that your account be deleted. Your outstanding obligations to BMC-Benchmarking Consortium, including but not limited to payments due, must be fulfilled upon termination. If you breach any of these Terms, your authorisation to use the Online Services is terminated. BMC-Benchmarking Consortium also reserves the right to terminate your use of the Online Services at any time in its discretion, subject to any obligations to deliver services for which you have paid. Upon termination, you must immediately destroy any materials downloaded from the Online Services unless you have bought such materials.
The entire certification process is confidential. Examination and certification services (“Certification Services”) are made available to individuals solely for their own assessment. In connection with Certification Services, you undertake the obligation to comply with applicable Candidate Certification Guides which are made available upon registration. You are expressly prohibited from disclosing, publishing, reproducing, or transmitting any material related to the certification process, in whole or in part, in any form or by any means including visual, aural, verbal, written, electronic or mechanical, for any purpose, without the prior express written permission of BMC-Benchmarking Consortium.
If you access the Online Services using a Username (e.g. Candidate ID) and a Password (e.g. Examination PIN) received from us, you are responsible for maintaining the confidentiality of your Username and Password, and for restricting access to any computer while logged in with your Username and Password. Your account is strictly personal, and should not be shared or transferred to anyone else. You agree to accept responsibility for all activities that occur under your Username and Password. BMC-Benchmarking Consortium may terminate User accounts at its sole discretion for any violation of these requirements or of Candidate Certification Guides. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Online Services. You will be notified by email where any such hardware, software, equipment and service is required. BMC-Benchmarking Consortium will make all commercially reasonable efforts to provide uninterrupted access to the Online Services. However, BMC-Benchmarking Consortium does not warrant availability of the Online Services. Unavailability of the Online Services may occur due to factors outside of BMC-Benchmarking Consortium’s control. The Online Services may be unavailable due to periodic maintenance or related reasons, and in such cases BMC-Benchmarking Consortium will take all commercially reasonable steps to restore access within a reasonable period. The term “commercially reasonable” means reasonable efforts taken in good faith without an undue or burdensome use or expenditure of time, resources, personnel or money.
This Online Services and all information they contain (“Materials”) are proprietary to BMC-Benchmarking Consortium and its licensors, who reserve all intellectual property rights in all materials included in the Online Services, except that BMC-Benchmarking Consortium grants you a limited, non-exclusive, non-transferable license to use the Online Services to which you have access in accordance with these Terms. You should assume that everything you see, read and hear on the Online Services (such as products, trademarks, logos, service marks, images, video, audio, photographs, illustrations, text, testimonials and other materials) is copyright and/or trademark protected. BMC-Benchmarking Consortium® and BMC-Benchmarking Consortium All talents, certified.® are registered trademarks of BMC-Benchmarking Consortium. For further information on other trademarks you see on the Online Services, please visit our Acknowledgements page. You may not sell, reproduce, distribute, modify, display, prepare derivative works of, re-post or otherwise use, store or distribute any Materials without the written consent of BMC-Benchmarking Consortium. BMC-Benchmarking Consortium reserves the right to take legal action in case of any breach of these rights and restrictions.
The Materials have been prepared to provide information about BMC-Benchmarking Consortium and its products and services. Whilst BMC-Benchmarking Consortium has taken reasonable care in the preparation of the Materials, the Online Services and Materials are provided on an "as is" basis and without warranties of any kind with regard to the accuracy, completeness or usefulness of any information. All warranties whether statutory or implied (including fitness for purpose, satisfactory quality and timely delivery) are hereby expressly excluded to the fullest extent permitted by law.
BMC-Benchmarking Consortium offers products, exams and services for purchase remotely and electronically. Any shipping charges for books and other physical products will be charged at the time of sale.Credit card payments are processed securely by our selected payment processors and are not accessed by BMC-Benchmarking Consortium. A charge from "www.bmcerts.org" will appear on your credit card statement for any purchase.
If you have made a purchase by mistake or have changed your mind, you have the right to cancel your purchase by filing a written request of cancellation within 14 days of your initial payment as follows:
The Online Services may provide links to other websites maintained by third parties. BMC-Benchmarking Consortium has no responsibility for the content in any linked website. BMC-Benchmarking Consortium does not endorse or make any representations about such sites, or any information, software or other products, services or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked from the Online Services, you do this entirely at your own risk.
Products and services available via the Online Services are subject to change and removal without notice. BMC-Benchmarking Consortium will not be responsible for any additional costs, delay or liability which you or your company or agents may incur as a result of such changes.
These terms and conditions are governed by the laws of England and Wales and any dispute relating to the Terms and conditions shall be subject to the jurisdiction of the courts of England, except to the extent you have additional rights under your local law. You agree to indemnify BMC-Benchmarking Consortium for any claims or damages resulting from your breach of the Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMC-Benchmarking Consortium, ITS SUPPLIERS, AND OTHER THIRD PARTIES ASSOCIATED WITH THE ONLINE SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST TIME OR INTERRUPTION, LOST BUSINESS OR ANTICIPATED SAVINGS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BMC-Benchmarking Consortium HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR ADDITIONAL SUPPORT, SERVICING OR REPAIR, YOU ASSUME ALL COSTS THEREOF. Nothing in this clause shall exclude BMC-Benchmarking Consortium’s liability for personal injury resulting from negligence or for fraud.
We may revise these Terms to reflect changes in BMC-Benchmarking Consortium products or the law, or for other reasons, and the revised Terms will be posted on this page. If we make any material change to the Terms and you are a registered User, we will notify you. If you use the Online Services after changes have been notified, you will be deemed to have accepted the amended Terms.
If a provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of the Terms.
Service-Specific Terms
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