Broadhead Global Ltd – Website Sales Terms and Conditions
These Terms and Conditions are the standard terms and conditions that apply to the sale of Training by us, Broadhead Global Ltd, a company registered in England and Wales under number 09742672, whose registered office address is Pera Business Park, Nottingham Road, Melton Mowbray, England, LE13 0PB.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means the contract for the purchase and sale of the Training, as explained in clause 3;
“Customer” means you, the individual or business placing an Order with us;
“Order” means your order for the Training;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 3;
“Training” means the online courses provided on our website for download.
“We/Us/Our” means us, Broadhead Global Ltd, and includes all employees and agents of ours; and
Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
2. Access to and Use of Our Website
2.1 Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website.
2.2 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
3. The Contract
3.1 These Terms and Conditions govern the sale of all Training provided by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process. Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
3.2 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us. Order Confirmations will be provided in writing and will contain the following information:
3.2.1 Confirmation of the Training ordered with fully itemised pricing including, where appropriate, taxes, delivery (where applicable) and other additional charges;
3.2.2 Our identity and contact details;
3.3 If we, for any reason, do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
3.4 Once your Order has been accepted as detailed in clause 3.2, we cannot accept any changes to it.
4. Description and Specification
4.1 We have made every reasonable effort to ensure that the Goods and Training conform to the descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all descriptions will be precisely accurate.
4.2 We reserve the right to make any changes in the specification of the Training that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
5. Price and Payment
5.1 The price of the Training will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
5.2 We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
5.3 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods or Training to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
5.4 All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
5.5 All payments made via the Website will go through a payment gateway. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the gateway’s terms and conditions. A separate contractual relationship is created between you and the payment gateway and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
6.1 The paid Training content will be available to you on the start date stipulated in the order confirmation and will continue to be available for 3 months unless we revoke access.
6.2 We make no warranty that any services provided will be uninterrupted or error-free and we also can’t guarantee that they will meet your requirements; however, our aim is to always offer you the very best service possible.
6.3 We will provide you with information and advice during the training. However, you are required to conduct your own investigations and research regarding your business requirements and we accept no responsibility for any actions taken following our advice or recommendations given within the Training. For tailor-made health and safety leadership advice we can undertake an audit of your business, this shall be under a different contract.
6.4 Sharing of accounts is not permitted unless we expressly authorise this in writing. You shall not sub-licence our Training content to any third party. You are required to keep your account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your account details in your internet browser. We also recommend the password you choose is strong and secure, containing a combination of letters, numbers and symbols, and is changed regularly.
7. Problems with the Services
7.1 By law, we must provide Services that are of satisfactory quality, fit for purpose and as described. If any Services you have purchased do not comply, please contact us as soon as reasonably possible to inform us of the problem.
7.2 If the paid content has faults, you are entitled to request we fix the problem. If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. Please note that we will not be liable if we informed you of the fault(s) or other problems with particular paid content before you accessed it and it is that same issue that has now caused the problem (for example, if the paid content in question is an alpha or beta version and we warned you that it may contain faults), or if you purchased the paid content for an unsuitable purpose that is not obvious or made known to us and the problem resulted from your use of the paid content for that purpose.
7.3 Any refunds due under this clause 7 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund, using the same payment method that you used when purchasing the Services, unless you specifically request that we make a refund using a different method.
8.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.
8.2 This period begins once your order has been processed (i.e. when the Contract between you and us is formed) and ends when you access (e.g. download or stream) the paid content, or 14 calendar days after the date of our order confirmation, whichever occurs first.
8.3 After the cooling-off period, you may cancel your Training at any time, however subject to clause 8, we cannot offer any refunds and you will continue to have access to the paid content for the remainder of your current subscription (up until the expiry date, as applicable), when the Contract will end.
8.4 If you purchase any Training by mistake, please inform us within 48 hours and do not attempt to access any paid content. Provided you have not accessed any paid content since the start date of the subscription, we will be able to cancel the subscription and issue a full refund. If you have accessed any paid content once the subscription has started, we will not be able to offer any refund and you will continue to have access to the paid content for the remainder of the subscription (up until the expiry date, as applicable).
8.5 If you wish to exercise your right to cancel under this clause 8, you may inform us of your cancellation in any way you wish. Cancellation by email or by post is effective from the date on which you send us your message. We recommend checking that your payment has been cancelled with the relevant payment gateway provider, as detailed in clause 5.3.
8.6 Any refunds due will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform us that you wish to cancel, using the same method you used to place the order, unless you expressly request we refund using a different method.
9. Your Other Rights and Our Rights to End the Contract
9.1 If we have suspended availability of the paid content for more than 14 days, or we have informed you that we are going to suspend availability for more than 14 days, you may end the Contract immediately, as described in clause 4.5. If you end the Contract for this reason, we will issue you with a proportional refund.
9.2 You also have a legal right to end the Contract at any time if we are in breach of it. You may also be entitled to a full or partial refund and compensation.
9.3 If you wish to exercise your right to cancel under this clause 9, please contact us in accordance with clause 8.5. Refunds will be made in accordance with clause 8.6.
9.4 We reserve the right to terminate your Account and/or your subscription at any time. If we do so, we will notify you by email and provide you with an explanation for the termination. If we terminate as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. Such terminations can be appealed by contacting us in writing. If we terminate your Account or subscription for any other reason, we will refund your subscription on a proportional basis. Access to any paid content will cease immediately from the date of termination.
10. Intellectual Property
10.1 Subject to a written agreement to the contrary, we reserve all intellectual property rights which may subsist in the content included in the Training. The content will remain our property, our affiliates and other relevant third parties. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property rights. By using the Training you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Training shall be construed as granting, by implication, or otherwise, any license or right to use any trademark, or logo displayed on the site without our prior permission.
10.2 You may retrieve, display and view the Training content on a computer screen, or other devices such as a tablet and print the Content for your own personal use. However, you must not otherwise reproduce, modify, copy, distribute or use for any commercial purposes any Content without the written permission of us.
10.3 You must immediately bring to our attention any infringement or suspected infringement of any of the intellectual property rights licensed to you of which you are aware and at our request, you will take such action or assist us in taking such action as we may deem appropriate to protect the intellectual property rights.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
11.3 We shall not be liable for any costs related to our advice or guidance should you decide to take our professional advice.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
12. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
13.1 Each Party undertakes that throughout the duration of the Contract, the Parties may disclose certain confidential information to each other. Both Parties agree that they will not use the confidential information provided by the other, other than to perform their obligations under the Contract. Each Party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless required by law or unless so authorised by the other Party in writing.
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
14.2 We may use your personal information to provide our Training and services to you, process your payment for the Training, send our newsletter to you; and/or inform you of new Training available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
15. Other Important Terms
15.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
15.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.
15.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.