Terms & Conditions

1. Introduction

• 1.1 These terms and conditions shall govern your use of our website.
• 1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
• 1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

2. Elearning Access

• 2.1 All courses have a maximum access time of 6 months to complete the course from the date of enrolment.
• 2.2 After six months, your access to the course is automatically removed.
• 2.3 Course extensions are only available in exceptional circumstances; the cost of a 3-month extension is set out on our website. Only one extension per delegate will be allowed.

3. Elearning License Period

• 3.1 All licenses purchased will be valid for 18 months. After this 18-month period, unused licenses will be voided and removed from the system.
• 3.2 A refund on purchase of licences is available within 72 hours of purchase. Requests for a refund after this time will only be permitted in exceptional circumstances and will carry an administration fee.
• 3.3 Reallocation of enrolled unused course licences is possible within 72 hours, but after this time will carry an administration fee. The reallocated licence will reset to a new 6-month timeframe for delegates.

4. Licence to Use Website

You may, subject to the other provisions of these terms and conditions:

• 4.1 view pages from our website in a web browser;
• 4.2 download pages from our website for caching in a web browser;
• 4.3 print pages from our website;
• 4.4 stream audio and video files from our website;
• 4.5 download documents and other files from our website that are specified on the website as downloadable, store and view them on your computer, and print copies of them; and
• 4.6 use our website services by means of a web browser.
• 4.7 Except as expressly permitted above, you must not download any material from our website or save any such material to your computer.
• 4.8 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
• 4.9 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
• 4.10 Unless you own or control the relevant rights in the material, you must not:
  • republish material from our website (including republication on another website);
  • sell, rent or sub-license material from our website;
  • show any material from our website in public;
  • exploit material from our website for a commercial purpose; or
  • redistribute material from our website.
• 4.11 We reserve the right to restrict access to areas of our website at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable Use

• 5.1 You must not use our website in any way that causes, or may cause, damage to the website or impairment of its performance, availability or accessibility.
• 5.2 You must not use our website in any way that is unlawful, illegal, fraudulent or harmful.
• 5.3 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• 5.4 You must not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
• 5.5 You must not use data collected from our website to contact individuals, companies or other persons or entities.
• 5.6 You must ensure that all the information you supply to us through our website is true, accurate, current, complete and non-misleading.

6. Use on Behalf of Organisation

• 6.1 If you use our website or agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both yourself and the person, company or other legal entity that operates that business or organisational project to these terms and conditions. In these circumstances references to “you” are to both the individual user and the relevant person, company or legal entity.

7. User Login Details

• 7.1 You must keep your password confidential.
• 7.2 You must not allow any other person to use your account to access the website.
• 7.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
• 7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
• 7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and Suspension of Account

• 8.1 We may edit your account details, temporarily suspend your account, and/or cancel your account at any time in our sole discretion. If we cancel services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid in respect of services not yet provided. We will give you reasonable written notice of any such cancellation.
• 8.2 You may cancel your account on our website. You will not be entitled to any refund if you cancel your account.

9. Fees

• 9.1 Fees in respect of our website services will be as set out on the website from time to time.
• 9.2 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
• 9.3 You must pay fees in advance, in cleared funds, in accordance with any instructions on our website.
• 9.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
• 9.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
• 9.6 If you make an unjustified credit card, debit card or other charge-back, you will be liable to pay us within 7 days:
  • an amount equal to the amount of the charge-back;
  • all third-party expenses incurred by us in relation to the charge-back;
  • an administration fee of GBP 25.00 including VAT; and
  • all our reasonable costs, losses and expenses incurred in recovering these amounts (including legal fees and debt collection fees).
• 9.7 If you owe us any amount under these terms and conditions, we may suspend or withdraw the provision of services to you.
• 9.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

10. Distance Contracts: Cancellation Right

• 10.1 This section applies only if you contract with us as a consumer — that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
• 10.2 You may withdraw an offer or cancel a contract entered into with us through our website within 14 days after the day on which the contract is entered into, subject to the provisions below. You do not have to give any reason for your withdrawal or cancellation.
• 10.3 You agree that we may begin the provision of services before the expiry of the 14-day period. If we do, and the services are fully or partially performed, you will lose the right to cancel.
• 10.4 To cancel, you must inform us by means of any clear statement setting out your decision, or using the cancellation form we make available to you. It is sufficient to send your communication before the cancellation period has expired.
• 10.5 If you cancel within this period, you will receive a full refund of any amount paid, processed without undue delay and within 14 days of us being informed of the cancellation, using the same payment method you used.

11. Your Content: Licence

• 11.1 “Your content” means all works and materials (including text, graphics, images, audio, video, scripts, software and files) that you submit to us or our website.
• 11.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
• 11.3 You grant to us the right to sub-license and to bring an action for infringement of the rights licensed above.
• 11.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law.
• 11.5 You may edit your content to the extent permitted using the editing functionality made available on our website.
• 11.6 Without prejudice to our other rights, if you breach these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

12. Your Content: Rules

You warrant and represent that your content will comply with these terms and conditions. Your content must not:

• 12.1 be illegal, unlawful, or infringe any person’s legal rights;
• 12.2 be libellous or maliciously false;
• 12.3 be obscene or indecent;
• 12.4 infringe any intellectual property right (including copyright, trade marks, designs or rights in passing off);
• 12.5 infringe any right of confidence, privacy or data protection legislation;
• 12.6 constitute negligent advice or contain any negligent statement;
• 12.7 constitute an incitement to commit a crime or the promotion of criminal activity;
• 12.8 be in contempt of any court, or in breach of any court order;
• 12.9 be in breach of racial or religious hatred or discrimination legislation;
• 12.10 be blasphemous;
• 12.11 be in breach of official secrets legislation;
• 12.12 be in breach of any contractual obligation owed to any person;
• 12.13 depict violence;
• 12.14 be pornographic, lewd, suggestive or sexually explicit;
• 12.15 be untrue, false, inaccurate or misleading;
• 12.16 contain any instructions or advice which could cause illness, injury, death or other loss or damage;
• 12.17 constitute spam; or
• 12.18 be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

13. Report Abuse

• 13.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know by email.

14. Limited Warranties

• 14.1 We do not warrant or represent the completeness or accuracy of the information published on our website, that the material is up to date, or that the website or any service will remain available.
• 14.2 We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on it; all such rights are reserved.
• 14.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation.
• 14.4 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
• 14.5 We reserve the right to temporarily suspend course access to allow essential maintenance or upgrading. We shall endeavour to restrict downtime to a minimum and would normally not exceed 24 hours.
• 14.6 Course delegates who complete the IOSH Working and Managing Safely courses will automatically have access removed. Delegates who have not completed the course will automatically be removed after 6 months. Extensions can only be given with our agreement and based on reasonable extenuating circumstances.

15. Limitations and Exclusions of Liability

Nothing in these terms and conditions will limit or exclude any liability for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation, or in any way not permitted under applicable law. If you are a consumer, your statutory rights will not be excluded or limited except to the extent permitted by law.

• 15.1 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
• 15.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
• 15.3 We will not be liable to you in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
• 15.4 We will not be liable to you in respect of any loss or corruption of any data, database or software (this exclusion does not apply if you are a consumer).
• 15.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage (this exclusion does not apply if you are a consumer).
• 15.6 You accept that we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.
• 15.7 Our aggregate liability to you in respect of any contract to provide services under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

16. Indemnity

• 16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these terms and conditions, or your use of our website.

17. Breaches of These Terms and Conditions

Without prejudice to our other rights, if you breach these terms and conditions in any way, or if we reasonably suspect a breach, we may:

• 17.1 send you one or more formal warnings;
• 17.2 temporarily suspend your access to our website;
• 17.3 permanently prohibit you from accessing our website;
• 17.4 block computers using your IP address from accessing our website;
• 17.5 contact any or all of your internet service providers and request that they block your access;
• 17.6 commence legal action against you, whether for breach of contract or otherwise; and/or
• 17.7 suspend or delete your account on our website.
• 17.8 Where we suspend, prohibit or block your access to our website, you must not take any action to circumvent such suspension or prohibition or blocking (including creating and/or using a different account).

18. Third Party Websites

• 18.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
• 18.2 We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

19. Trade Marks

• 19.1 Our logos and other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
• 19.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and cannot grant any licence to exercise such rights.

20. Variation

• 20.1 We may revise these terms and conditions from time to time.
• 20.2 We will give you written notice of any revision, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice. If you do not agree to the revised terms and conditions, you must stop using our website.

21. Assignment

• 21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions — providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you.
• 21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

22. Severability

• 22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
• 22.2 If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

23. Third Party Rights

• 23.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
• 23.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

24. Entire Agreement

• 24.1 Subject to Section 15, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

25. Law and Jurisdiction

• 25.1 These terms and conditions shall be governed by and construed in accordance with English law.
• 25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

26. Statutory and Regulatory Disclosures

• 26.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

27. Our Details

• 27.1 This website is owned and operated by Amtivo Health & Safety Limited.
• 27.2 We are registered in England and Wales under registration number 5419097, and our registered office is at 30 Tower View, Kings Hill, West Malling, Kent, ME19 4UY.
• 27.3 You can contact us by writing to the address given above, by using our website contact form, or by email to info.training@amtivo.com.