for Our Site
- Thank-you for visiting our website (Our Site).
- This page (together with the documents referred to on it tells you the terms and conditions or terms of business on which we supply any of the training videos (Videos) listed on Our Site.
- By using Our Site, you indicate that you accept these the terms and conditions on which we supply any of the Videos and that you agree to abide by them.
- Information about us
Our Site is a operated by the entity with the full details set out at the bottom of the Site (We or Us).
- Terms and conditions of sale of Videos for Our Site
- Your status
By placing an order through Our Site, you warrant that you are legally capable of entering into binding contracts.
- How the contract is formed between you and us
- After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Video. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Video has been dispatched (the Purchase Confirmation). The contract between us (Contract) will only be formed when we send you the Purchase Confirmation.
- We may also provide links on Our Site to the websites of other companies, whether affiliated with us or not.
- We cannot give any undertaking, that companies to whose website we have provided a link on Our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect any statutory rights against the third party website.
- We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
- Consumer rights
- If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days “Cooling-off Period”, beginning on the day after you received the Videos, so long as you have not opened the link or the videos. In this case, you will receive a full refund of the price paid for the Videos in accordance with our refunds policy.
- If you fail to comply with this obligation, we may have a right of action against you for compensation.
- Details of this statutory right, and an explanation of how to exercise it, are provided in the Purchase Confirmation. This provision does not affect your statutory rights.
- Risk and title
Ownership of the Videos will only pass to you when we receive full payment of all sums due in respect of the Videos.
- Price and payment
- The price of any Videos will be as quoted on Our Site from time to time, except in cases of obvious error.
- These prices include VAT.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Purchase Confirmation.
- Our Site contains a large number of Videos and it is always possible that, despite our best efforts, some of the Videos listed on Our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Video's correct price is less than our stated price, we will charge the lower amount when dispatching the Video to you. If a Video's correct price is higher than the price stated on Our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Video, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Video to you at the incorrect (lower) price, even after we have sent you a Purchase Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for all Videos must be by credit or debit card in advance.
- Our refunds policy
- When you do not open the link to the Video and request a refund of the Video from us:
- because you have cancelled the Contract between us within the Cooling-off Period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Video in full. You will be asked to confirm that you have deleted all links to the video and passwords provided.
- for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Video is defective), we will examine your complaint and will notify you of your refund via email within a reasonable period of time.
- We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Video. Videos returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- When you do not open the link to the Video and request a refund of the Video from us:
- Our liability
- We warrant to you that any Video purchased from us through Our Site is of satisfactory quality and reasonably fit for all the purposes for which Videos of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Video you purchased.
- This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- No claim under this Contract shall be available 3 months following the date of this Contract.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of data, or
- personal injury as a result of not watching the safety video;
provided that this clause shall not prevent claims for loss of or damage to you or your tangible property that fall within the terms of clause 3.4.1 or clause 3.4.2 or any other claims for direct loss that are not excluded by any of categories (a) to (g) inclusive of this clause.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be sent by email to the email address on our contact us page. We may give notice to you at either the email you provide to us when placing an order, or in any of the ways specified in clause above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- Transfer of rights and obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- 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 or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this Contract.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
- Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order Videos from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Purchase Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Videos).
Acceptable Use Policy For OurSite
This acceptable use policy sets out the terms between you and us under which you may access Our Site. This acceptable use policy applies to all users of, and visitors to, Our Site.
Your use of Our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use Our Site only for lawful purposes. You may not use Our Site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of our terms of website use;
- Not to access without authority, interfere with, damage or disrupt:
- any part of Our Site;
- any equipment or network on which Our Site is stored;
- any software used in the provision of Our Site; or
- any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use Our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Our Site.
We are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), we are the data controller.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on Our Site. This includes information provided at the time of registering to use Our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with Our Site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through Our Site and of the fulfilment of your orders.
- Details of your visits to Our Site and the Videos that you access.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve Our Site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise Our Site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to Our Site.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by a third party operating outside the EEA who work for us or for one of our suppliers.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of Our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from Our Site is presented in the most effective manner for you and for your computer.
- To provide you with information, Videos or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email.
If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If our company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by email.
Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.