Terms and Conditions
These Terms set out your rights and obligations, and those of Health & Safety Solutions (NW) Limited trading as Early Years Hub (“we” or “us”), in relation to either www.earlyyearshub.co.uk OR health-safetysolutions.net (the “Sites”) and any goods or services available through, and material of any kind accessible or relating to, the Sites or us (the “Services”). When we refer to “Earlyyearshub.co.uk” or” health-safetysolutions.net” in these Terms, we mean us, the Site(s), and/or the Services, according to the context.
It is your responsibility to read and understand these Terms before using the Sites. By purchasing from and/or registering with the Sites, you accept that you are entering into a contract with us under these Terms. People who register for the Sites establish an “Account”, and become “Users”. Visitors to the Sites who do not become Users, but who nevertheless use the Sites, agree that they are bound by these Terms each time they access the Sites. You should be aware that these Terms may change from time to time in accordance with Clause 20 below.
- Obtaining an Account and providing a Payment Method
If we ask you to provide some information about yourself when you register for the Sites, you must ensure that this information is accurate and current. You may keep this information updated through your Account. Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account. When you place an order for a Product, you will be passed to a third party merchant in order to securely process your payment. The Sites do not capture or store any payment details. If we are informed by the third party merchant that they suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time. You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Health & Safety Solutions (NW) Ltd may terminate your Account at any time without notice. You may not register as a User if you are under 16 years of age.
- Using the Sites
The Sites provide Users with the facility to (a) browse content that both promotes our Services and provides information that may be useful, (b) browse and purchase access to the company’s upcoming face-to-face training courses (c) purchase access to online training and (d) purchase access to exclusive membership content in return for an annual subscription fee.
We reserve the right to add or remove Products from our Services at any time. Clause 4 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web and device usage skills to make use of our Services.
- Terms of purchase for Products
A contract between a User and Health & Safety Solutions (NW) Ltd for the purchase of a Product is created as follows. The User places the order for a Product on the Site(s) by pressing an order confirmation button at the end of the checkout process. By confirming your order, you are agreeing to purchase the Product you have selected. At this point, we take payment for your order by means of your nominated Payment Method. We will send to you a confirmation email detailing your order for the Product, and other information we must provide to you.
Note that Health & Safety Solutions (NW) Ltd may reject an order in certain circumstances, including but not limited to:
- Your order breaching the requirements of these Terms;
- The Product you order being unavailable;
- Our inability to obtain authorisation for your payment; or
- A relevant pricing or Product description error being identified.
If your order is rejected, we will contact you to confirm this and reverse any payment you have made for that order.
- International use of the Sites
You must ensure that you comply with the local laws that apply to you and your use of the Sites, including as to the Products that may be bought through the Sites. That use may be prohibited or restricted in various jurisdictions.
- Closure of Accounts
You may choose to cancel your Account at any time by emailing your closure request to firstname.lastname@example.org. You may be asked to provide further proof that you are the holder of the Account. Accounts are provided at the sole discretion of Health & Safety Solutions (NW) Ltd and may be closed (“terminated”) by us without notice or explanation; reasons for such a closure include but are not limited to breaches of Content Rules by Users, any attempt to use a Payment Method that the User is not entitled to use or other breaches of these terms. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 7) shall not be terminated as a result.
- Intellectual Property
This site and all products purchased from the Sites are copyright. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Sites are owned by, or licensed to, us. You may use and access the Sites and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, or create any derivative work from the Sites, or any of the material which is found on the Sites unless properly licensed to do so by us. You are not allowed to use the Sites (or to copy or use any material found on the Sites) for any commercial purpose other than to conduct the purchase of a Product from us. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from the Sites.
- Third Party Promotions
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access the Sites, (b) your use of all or part of the Services, (c) to warn Users and other users of the Sites against interacting with a particular User, and/or (d) to take technical and legal steps to stop any Users from using the Sites if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services at any time if we are obliged or advised to comply with an order, instruction or request of any government department or agency, or any regulator, court or other competent authority.
- Contact from third parties.
It is our policy to comply with both the spirit and letter of any and all legislation and regulations currently in force, and to co-operate to the fullest extent possible with any properly constituted enquiry into User(s) or their actions by civil authorities or law enforcement agencies. If we are contacted by civil authorities or law enforcement agencies in relation to your account or a transaction associated with you, then you agree:
- to provide all reasonable information and assistance we may require in connection with responding to that contact; and
- to respond promptly and accurately to it, should we pass the message to you for a response.
- Additional services.
- Operation of the Sites
We reserve the right to withdraw or modify all or part of the Services or the Sites where we have legal or commercial reasons to do so. There may be times when the operation of the Sites is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced on the Internet or other communications networks, or other matters that are beyond our control. Please note that we therefore cannot guarantee continuous, uninterrupted or secure access to the Sites or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of the Sites. For security or other reasons, we may require you to change your password or other information which facilitates access to the Sites; however, we will never ask you for your password and you should never divulge it to anyone. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide the information and Services available on the Sites but all information and Services are provided “as is” and we cannot and do not guarantee that the Sites or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any purchasable content available on the Sites. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 16 shall survive the termination or expiry of these Terms.
You agree to indemnify Health & Safety Solutions (NW) Ltd, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any breach of these Terms by you or through your Account.
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without our written consent assign or dispose of these Terms or any of your rights and obligations under it.
- Entire Agreement
These Terms are intended to be read in conjunction with product- or service-specific terms and conditions provided during the checkout process where appropriate, and taken together with any such additional terms contain your entire agreement with us relating to your use of and access to the Sites; we believe them to be fair and reasonable. They replace any earlier agreements and understandings with you relating to the Sites.
- Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on the Sites. The new version of these Terms will take effect commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you. In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and the Sites. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act. We don’t separately file the Terms entered into by Users when they register for the Sites. You can access them here only. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
These Terms, the Services and each order and purchase of a Product shall be governed by English law.
You can contact us by post at Health & Safety Solutions (NW) Ltd, Bury Business Lodge, Barcroft Street, Bury BL9 5BT. We will send our notices to you by email to the email address specified in your Account.