Terms of use

Background

This agreement applies as between you, the User of this Web Site and the British Safety Council, the owner(s) of this Web Site and shall be valid for all future transactions and visits to the web site.

In consideration of British Safety Council agreeing to you, the User of this Web Site, use of the Web Site and its Service and Additional Services and Safety Network and subject to your unconditional acceptance of these Terms and Conditions and those related to the Additional Services and Safety Network, which shall be given by you clicking the “I accept” checkbox during the registration process, the British Safety Council shall issue you with a User ID and or password (User Details) to enable you to access the Web Site and use the Service and Additional Services.

If you do not agree to be bound by the Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” “British Safety Council” means collectively the personal information, Payment Information and credentials used by the Account Holder to access Paid Content and / or any communications System OR Services on the Web Site;

"Account Holder" means the registered student for e-learning courses and the recipient of the Services through the Account.

“Additional Services” means any services that can be purchased via the Web Site including membership, training courses, e-learning courses, books, guides, posters and subscriptions and which are governed by these and other specific Terms and Conditions.

"British Safety Council" means British Safety Council, 70 Chancellors Road, London, W6 9RS, company registration number 04618713, Charity registration number 1097271, Scottish Charity number SCO37998.

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Goods” means any products that British Safety Council advertises and / or makes available for sale through this Web Site;

“Members” means Members of the British Safety Council;

“Payment Information” means any details required for the purchase of Goods or Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Premises” means our registered office located at 70 Chancellors Road, London, W6 9RS;

“Purchaser” means any person or business that buys Goods or Services from British Safety Council from this Web Site;

“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

“Safety Network” means the Online Services available to Members accessed through the Members area of the Web Site and which are governed by specific Terms and Conditions;

“Services” means collectively any online facilities, tools, forums, blogs or information that British Safety Council, makes available through the Web Site either now or in the future;

“System” means any online communications infrastructure that British Safety Council makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email and private messaging systems, message boards, forums, blogs, live chat facilities, photo/media and file sharing systems, and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by British Safety Council and acting in the course of their employment; and

“User Details” means the id and password issued by us to you or on your behalf upon registration to use the Web Site;

“Web Site” means the website that you are currently using (www.britsafe.org) and any sub-domains of this site and any sub-folders within, unless expressly excluded by their own terms and conditions.

2. International Customers

If Goods are being ordered from outside British Safety Council’s country of residence, import duties and taxes may be incurred once the Goods reach their destination.  British Safety Council is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures.  The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and British Safety Council gives no guarantee that the packaging of the Goods will be free of signs of tampering.

3. Intellectual Property

3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of British Safety Council, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by British Safety Council.

4. Third Party Intellectual Property

4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

5. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

6. Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of British Safety Council or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

7. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.britsafe.org and not without prior permission from British Safety Council.  To find out more please contact us by email at customer.services@britsafe.org.

8. Use of Communications Facilities

8.1 When using the Web Site or any other System on the Web Site you should do so in accordance with the following rules:

8.1.1 You must not use obscene or vulgar language;

8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3 You must not submit Content that is intended to promote or incite violence;

8.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

8.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

8.1.6 You must not impersonate other people, particularly employees and representatives of British Safety Council or our affiliates; and

8.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

8.2 You acknowledge that British Safety Council reserves the right to monitor any and all communications made to us or using our System.

9. Accounts

9.1 In order to procure Services on this Web Site and to use the System facilities you are required to create an Account which will contain certain personal details of the Account Holder. By continuing to use this Web Site you represent and warrant that:

9.1.1 all information you submit is accurate and truthful;

9.1.2 you have permission to submit Payment Information where permission may be required which shall also be governed by the terms of our Privacy Policy which is incorporated into these terms and conditions by this reference.

9.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.

9.2 It is recommended that you do not share your Account details, particularly your username and password. British Safety Council accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact British Safety Council immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled in line with the relevant Terms and Conditions for the Additional Service. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, British Safety Council accepts no liability or responsibility. British Safety Council will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.

9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

10. Termination and Cancellation

10.1 Either British Safety Council or you may terminate your Web Site Account. If British Safety Council terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

10.2 If British Safety Council terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

10.3 British Safety Council reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

10.4 If orders or payments are cancelled for any reason by British Safety Council prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases unless otherwise governed by the specific Terms and Conditions relating to the Service.

10.5 If you terminate your Account any non-completed orders or payments will be cancelled in line with these Terms and Conditions and those governing the specific Service.

10.6 If you are a consumer, you have the right to cancel the Services (with the exception of e-learning) within 7 days of the Service contract being agreed, in accordance with the Consumer Protection (Distance Selling) Regulations 2000. To cancel such a contract, you must inform us in writing (by post, fax or email) whereupon we will refund the Fees paid for the relevant Service. Fees will be non-refundable outside of this period. When ordering e-learning services you are agreeing to the immediate provision of the Service and therefore the Consumer Protection (Distance Selling) Regulations 2000 do not apply.

11. Payment

11.1 Any and all monies are due for payment on completion of the order via the Online Payment Facility.

12. Goods and Services, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all descriptions of Services available from British Safety Council correspond to the actual Services, British Safety Council is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services.

12.2 Where appropriate, you may be required to select the required package of Goods and/or Services.

12.3 British Safety Council does not represent or warrant that such Goods and Services will be available. Availability indications are not provided on the Web Site.

12.4 All pricing information on the Web Site is correct at the time of going online. British Safety Council reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Services and British Safety Council processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

12.6 All prices on the Web Site do not include VAT which will be added at the prevailing rate at the checkout.

13. Property, Risk and Account of Profits

13.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by British Safety Council.  Title remains with British Safety Council until payment is complete.

14. Delivery

14.1 British Safety Council will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.2 If British Safety Council receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15. Returns Policy

British Safety Council aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

15.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 days to arrange collection and return. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact British Safety Council within 28 days from the date of receipt of the goods to arrange collection and return. Goods must be returned in their original condition with all packaging and documentation. The price of the Goods, as paid, including shipping costs, will be refunded through the payment method used when the Goods were purchased.

15.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.

15.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to British Safety Council within 10 days from the date of receipt of the goods to arrange collection and return. The price of the Goods, as paid, including shipping and postage costs, will be refunded through the payment method used when the Goods were purchased.

15.5 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to British Safety Council within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of British Safety Council. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.

15.6 If the Purchaser wishes to return Goods to British Safety Council for any of the above reasons, please contact us using the details on the form to make the appropriate arrangements.

15.7 British Safety Council reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

15.7.1 Any use or enjoyment that you may have already had out of the Goods;

15.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

15.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

15.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

16. Provision of Services

16.1 Provision of Services shall commence when full payment has been received or for Additional Services as otherwise detailed in the Terms & Conditions pertaining directly to those Additional Services.

16.2 British Safety Council shall use its best endeavours to provide the Services with reasonable skill and care.

16.3 Provision of all Services and Additional Services shall be subject to the Terms and Conditions pertaining directly to those Services and Additional Services and are incorporated into these Terms and Conditions by this reference.

17. Safety Network

18. Privacy

Use of the Web Site is also governed by our Privacy Policy  which is incorporated into these terms and conditions by this reference.

19. Disclaimers

19.1 British Safety Council makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

19.2 Content is provided and is intended to assist you in understanding and acting in accordance with your legal obligations. Use and reliance on the Content is not intended to replace the need to take specific advice when dealing with specific situations and as such we do not accept any responsibility for any action taken or not taken as a result of the Content.

19.3 No part of this Web Site is intended to constitute advice and should not be relied upon when making any decisions or taking any action of any kind.

19.4 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

20. Changes to the Service and these Terms and Conditions

British Safety Council reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If British Safety Council is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

21. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

British Safety Council accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

22. Limitation of Liability

22.1 To the maximum extent permitted by law, British Safety Council accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

22.2 Nothing in these Terms and Conditions excludes or restricts British Safety Council’s liability for death or personal injury resulting from any negligence or fraud on the part of British Safety Council.

22.3 Nothing in these Terms and Conditions excludes or restricts British Safety Council’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services, the terms of which are governed by specific Terms and Conditions or out of reliance on incorrect information included on the Web Site.

22.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

23. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

24. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

25. Notices

All notices / communications shall be given to us either by post to our Premises (contact us) or by email to customer.services@britsafe.org.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

26. Law and Jurisdiction

These terms and conditions and the relationship between you and British Safety Council shall be governed by and construed in accordance with the Law of England and Wales and British Safety Council and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.