This agreement applies as between “You”, the User of this Website and “Us”, the Owner(s) of this Website (hereinafter referred to as “Party” and collectively as “Parties” or “We”).
In consideration of Us agreeing to You, the User of this Website, using the Website and its Service and subject to your unconditional acceptance of these Terms and Conditions, which shall be given by you clicking the “I agree” button during the registration process. You agree as part of the exam or course booking, revision, attending and examination that we will have to pass your basic contact information on to other parties, this information will not be used for marketing purposes but to ensure that our systems and those of our suppliers are aligned for the use of providing you your selected services. If you do not agree to be bound by the Terms and Conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings: “Account”
means collectively the personal information, and credentials used by Users to access Content and / or any communications System OR Services on the Website;
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 Website;
means The Right Training Company Ltd. Kenilworth,
Hambledon Road, Denmead Waterlooville, England
PO7 6NU, Company No. 09192462 and its subsidiaries who operate under a direct licence from us across the UK.
means collectively any online facilities, learning materials, videos, assessments, certificates, tools, or information that we make available through the Website either now or in the future including your own viewing or viewing at one of the training facilities;
means any online communications infrastructure that we make available through the Website 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 Website and is not employed by us and acting in the course of their employment; and
means the username and password created by you upon registration to use the Website;
means the Website that you are currently using (www.therighttrainingcompany.co.uk and .com and www.sitesafetycourse.com and .co.uk and any of our social media sites which have links provided from the above) and any sub-domains of this site and any sub-folders within, unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Content included on the Website, 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 our property, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
3. Third Party Intellectual Property
3.1 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.
3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under our control 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 Website does not imply any endorsement of the sites themselves or of those in control of them.
5. Use of Communications Facilities
5.1 When using the Website or any other System on the Website you should do so in accordance with the following rules:
5.1.1 You must not use obscene or vulgar language;
5.1.2 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;
5.1.3 You must not submit Content that is intended to promote or incite violence;
5.1.4 It is advised that submissions are made using the English language, where possible, as we may be unable to respond to enquiries submitted in any other languages;
5.1.6 You must not impersonate other people, particularly employees and representatives of ours or our affiliates; and
5.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
5.2 You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
6.1 In order to use Services on this Website and to use the System facilities you are required to have an Account which will contain certain personal details. By continuing to use this Website you represent and warrant that:
6.1.1 all information you submit is accurate and truthful;
Your use of the Account is further affirmation of your representation and warranty.
6.2 It is recommended that you do not share your Account details, particularly your username and password. We accept 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.
6.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the access, we accept no liability or responsibility. We will suspend provision of Services pending investigation. Following investigation, it shall be determined whether or not to cancel the Services.
7. Termination and Cancellation
7.1 Either Party may terminate your Website Account. If we terminate 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.
8. Goods and Services, Pricing and Availability
8.1 Whilst every effort has been made to ensure that all descriptions of Services available from us correspond to the actual Services, we are 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.
9. Provision of Services
9.1 Provision of Services shall commence when you have created an Account and accepted these Terms and Conditions.
9.2 We shall use our best endeavours to provide the Services with reasonable skill and care.
11.1 We make no warranty or representation that the Website 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(s).
11.2 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.
11.3 No part of this Website is intended to constitute advice and should not be relied upon when making any decisions or taking any action of any kind.
11.4 No part of this Website is intended to constitute a contractual offer capable of acceptance.
12. Changes to the Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time without notice. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to Terms and Conditions by law, these changes will apply automatically to your use of the Website.
13. 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.
We accept no liability for any disruption or non-availability of the Website 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.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, we accept 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 Website and its Content at their own risk.
14.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
14.3 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.
15. 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.
16. 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.
18. Law and Jurisdiction
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and both Parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.