Terms & Conditions

These Terms and Conditions are the standard terms that apply to the purchase via our Website of all subscription Services from us, Cousins Safety Limited, a Company registered in England and Wales under number 08800657 of Bellingham House, 2 Huntingdon Street, St Neots, Cambridgeshire, PE19 1BG referred to in these Terms and Conditions as “we/us/our”).

Please read these Terms and Conditions carefully and ensure that you understand them – you will need to agree that you have read and accepted them before purchasing Services from us. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order from us.

By placing an order with us, you warrant that (a) you are legally capable of entering into binding contracts and (b) you are at least 18 years old.

1. Definitions and Interpretation

In these Terms and Conditions, the following expressions have the following meanings:

“Account” means the personal information and credentials used by you to create an account on the Website to enable an order to be placed;

“Contract” means the legally binding contract formed in accordance with clause 2, which includes these Terms and Conditions;

“Services” means the subscription service for the downloads and the training to be provided by us to you;

“Website” means https://cousinssafety.co.uk/ and any sub-domains of this site unless expressly excluded by their own terms; and

“You/Your” means you, the person ordering from the Website on behalf of a school, multi-academy trust or local authority.

The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. Words imparting the singular shall include the plural and vice-versa. Any reference to “writing” and “written” includes communication by email.

2. How the Contract is Formed Between You and Us

2.1. In order to place an order via the Website, you will be required to create an Account, which will contain certain personal details about you. Where you are purchasing on behalf of a school, multi-academy trust or local authority you will act as the main point of contact and have access to the Services.

2.2. By continuing to use this Website, you represent and warrant that all information you submit is accurate and truthful, you have permission to submit payment information where permission may be required, and you will keep your Account details accurate and up-to-date.

2.3. You can place an order for Services at any time via our Website. Our Website will guide you through the ordering process. Before submitting your order, you will be given the opportunity to review and amend it. Please ensure that you have checked your order carefully before submitting it.

2.4. We will send you an order confirmation once your order has been processed. Only then will a legally binding Contract be formed, which will include these Terms and Conditions. Our order confirmation will contain full details of the order, including the price and the duration of the subscription Service chosen.

3. Your Account

3.1. Sharing of Accounts is not permitted unless we expressly authorise this in writing even within the same school or multi-academy trust. 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.

3.2. When using our Website, creating an Account or publishing information, you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory. Any failure to comply with this clause could result in the suspension and/or deletion of your Account. Further information and restrictions on the use of our Website is detailed in the policies available on the Website.

4. Your booking

4.1. We offer a range of courses which can be found on our Website.

4.2. The booking process for each of our Services may vary, depending on your preference of training.

4.3. Our Services may be purchased on our Website or by contacting us directly, and in any event, will be subject to these Terms and Conditions.

4.4. You will be required to accept these Terms and Conditions at the time of purchasing our Services.

5. The Subscription

5.1. The paid content will be available to you immediately when we send you our order confirmation and will continue to be available for the duration of your subscription (including any renewals), or until you end the Contract.

5.2. The Services shall continue to be available for the initial subscription term of 12 months.

5.3. If you are a Consumer (as defined in the Consumer Rights Act 2015, you will be notified by us, within reasonable time, prior to the end of the initial subscription term of the opportunity for renewal. Unless you notify us of your wish to terminate, in writing, within the annual cooling-off period set out in clause 9.1, the subscription will continue for a further 12-month term.

5.4. If you are not a Consumer, the subscription will automatically continue for a further 12-month term until you notify us of your wish to terminate under clause 9.2.

5.5. We do not warrant that your use of our Website or Services will be uninterrupted or error-free; nor that our Website, and/or the downloadable paid content obtained by you from the Website will meet your requirements.

5.6. In some circumstances, we may need to suspend access to the paid content (in full or in part) to fix technical problems, to make necessary changes, to update the content to comply with relevant changes in the law or other regulatory requirements, or to make more significant changes to the paid content. If we need to make more significant changes, we will inform you at least 30 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in clause 9.3.

5.7. If we need to suspend availability of the paid content for any of the reasons set out in clause 5.6, we will inform you in advance (or as soon as possible, if we need to suspend availability for urgent or emergency reasons) and explain why this is necessary. If this occurs, your subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 5 days). If the suspension lasts (or we tell you that it is going to last) for more than 14 days, you may end the Contract as described below in clause 9.3.

6. Training

6.1. Where we have agreed to provide training, this must be paid for in full no later than 7 days in advance of the relevant training sessions. Should payment not be received within this timeframe, we reserve the right to cancel the training session and shall charge for any costs incurred.

6.2. You are entitled to substitute delegates of the training session without penalty, provided we are advised of this a minimum of 24 hours in advance pf the relevant training session.

6.3. Should the number of delegates be increased or reduced, we must be notified of this within 3 days from the training session. We reserve the right to charge additional costs and/or cancel the training session, where applicable. Any cancellation under this clause will be subject to clause 9.5 below.

6.4. You will be responsible for the delegates at all times.

6.5. Should the behaviour of any delegate prove disruptive at any stage during the provision of any of our Services, we reserve the right to, at our discretion, request immediate removal of said delegates from this and future sessions.

6.6. Where there are any reasonable adjustments to be made, we should be advised of this in advance, including but not limited to, disability access and any dietary requirements.

7. Price and Payment

7.1. The price payable for use of the paid content is as stated on our Website. Payment must be made before the content will become available to download. You will be asked to complete your details and make payment via the Website. Once payment is received, the paid content will become accessible to download for the initial term and any subsequent renewed term.

7.2. You are entering into a 12-month subscription for the paid content. The subscription will automatically renew at the end of the term unless notice is given to terminate in accordance with clauses 9.1 or 9.2.

7.3. Any payments made via the Website will go through an online payment gateway provider, such as Stripe. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to Stripe’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.

7.4. Subject to clause 9, no refund will be issued should you cancel or reschedule any training session without 7 days’ notice. We will issue a refund of 50% of the fee, in the event that you provide 7-20 days’ notice. A refund of 100% of the fee will be issued, should you provide us with more than 21 days’ notice.

7.5. If you wish to add new users to the Account, a discounted price may be agreed, and invoices must be paid within 30 days of receipt.

7.6. We may from time to time change our prices. Changes in price will not affect any Services that you have already purchased but will apply to any subsequent subscription renewals or new subscriptions.

7.7. All prices advertised exclude VAT and will be applied during the order process. If the rate of VAT changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

8. Problems with the Services

8.1. 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.

8.2. 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.

8.3. Any refunds due under this clause 8 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.

9. Termination and Cancellation

9.1. If you are a Consumer, you have a legal right to a cooling-off period. This period begins once the Contract between you and us is formed, and ends at the end of 14 calendar days after that date. The cooling off period applies again upon each annual renewal throughout the Contract term. If you wish to cancel the Contract within any cooling off period, please inform us immediately. To meet the deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired. If you wish for our Services to start within any cooling off period, you must make an express request for us to do so. You acknowledge and agree that if you do so, you will be required to pay for any Services provided up to the point at which you inform us of your wish to cancel.

9.2. If you are not a Consumer, then you can terminate the Contract by providing us with 90 days’ written notice prior to the end of the then current subscription term. Failure to provide such notice shall mean the Services will continue for a further 12-month term.

9.3. 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. If you end the Contract for this reason, we will issue you with a proportional refund, as specified in clause 5.7 above.

9.4. You also have a legal right to end the Contract at any time if we are in breach of it. You may then be entitled to a full or partial refund.

9.5. We reserve the right to cancel the course within 7 days of the course date, if an insufficient number of delegates has booked the course. If this is the case, we will reschedule any delegates onto another course.

9.6. 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.

9.7. No refunds will be provided except where expressly stated otherwise in these Terms and Conditions.

10. Intellectual Property Rights

10.1. All content on the Website including, but not limited to, text, graphics, logos, icons, sound and video clips, data, page layout, underlying code and software is our property or that of our contributors. By using the Website you acknowledge that such content is protected by applicable intellectual property laws.

10.2. When you purchase a subscription to access paid content, we will grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to access and use the relevant paid content for personal, non-commercial purposes. The licence granted to you does not give you any other rights in our paid content (including material that we licence from third parties).

10.3. You cannot access all or any part of the downloads in order to build a product or service which competes with the Services under this Contract;

10.4. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the paid content (or any part of it) or make it available to the public and other schools or businesses except as permitted under the Copyright Designs and Patents Act 1988 and any amendments to it.

11. Liability

11.1. Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.2. Subject to clause 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. 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.

11.3. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

11.4. We may provide you with information and advice in connection with the Services. However, we cannot be held responsible for any actions, or lack of actions, you may take as a result of our advice.

11.5. You assume sole responsibility for adapting any information, templates, documents created from use of the Services, and for ensuring that they meet your needs.

11.6. It is your responsibility to ensure that any content acquired from the Service is appropriate and complete in all respects for its intended purpose as determined by you. We give no warranty that such material will be fit for its intended purpose

11.7. We reserve the right to make any changes to the content of the Services without notice and without liability to you.

11.8. Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

11.9. We do not accept any responsibility for, or liability in respect of, any information which appears on this website as a result of unauthorised actions.

11.10. You acknowledge that the information and content provided by the Service are not intended to replace legal or other professional advice and that we strongly advise that such advice be sought in all cases where such advice may be necessary or appropriate. In particularly in any circumstances where you are in any way unsure about the legal aspects of the Service, content, or related matters.

11.11. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a Consumer where applicable, or any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.

12. Communications

12.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing. This does not affect your statutory rights.

12.2. Notices will be deemed to have been duly received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that the email was sent to the specified email address of the addressee.

13. Privacy and Data Protection

13.1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of the General Data Protection Regulation 2016 (“GDPR”) and your rights under the GDPR.

13.2. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Policy available on our Website.

14. Events Outside Our Control (Force Majeure)

We will not be liable or responsible for any failure or delay in performing any of our obligations under the Contract if that failure or delay is caused by any event beyond our reasonable control. This includes, but is not limited to: power failure, internet service provider failure, industrial action, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event beyond our reasonable control.

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, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions 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, as applicable) 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 and Conditions. The remainder of these Terms and Conditions 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.

15.6. We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you advance notice of the changes and provide details of how you may cancel if you are not happy with them.

16. Law and Jurisdiction

16.1. These Terms and Conditions and the relationship between you and us will be governed by and construed in accordance with the laws of England and Wales.

16.2. If you are a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 16.1 above takes away or reduces your rights as a Consumer to rely on those provisions.

16.3. If you are a Consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.