Terms and Conditions

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING USE OF THIS SITE

These Terms and Conditions (together with all documents which are referred to in it) set out the terms of use on which you may make use of the website www.fivestarfoodsafety.co.uk, whether as a registered user or as a guest. Use of our website includes registering to use the website as well as accessing or browsing it.

By making use of the website, you agree to accept these terms of use and comply with them. If you do not accept or agree these terms of use, then you must not make use of the website.

Last updated: 26 March 2020

Changes to the website

We do not provide a guarantee that the website or the content on it will be free from omissions or errors.

We may change the content from time to time. Please note that from time to time some of the website may be out of date and we are under no obligation to update it.

Acccessing the website

We are not able to provide a guarantee that the website or its content will always be available. We provide access to the website on a temporary basis and may withdraw, suspend or discontinue the website in whole or in part without notice. We are not liable to you if for any reason the website is not available for any period or at any time.

You have the responsibility to ensure that whoever accesses the website through your internet connection is aware of all applicable terms and conditions, and that they comply with them.

You have the responsibility to make all arrangements necessary for you to access to the website.

Account and password

If you are provided with or choose a password, identification code or other piece of information as part of our security procedures then you are required to treat that information as confidential and must not disclose it to a third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

You must promptly notify us at contact@fivestarfoodsafety.co.uk if you suspect or know that your password has been obtained by anyone else.

Intellectual Property Rights

We are the licensee or owner of all intellectual property rights contained in the website, and the material published on them. The rights to these works are protected by copyright laws and treaties around the world and as such all such rights are reserved to us.

You are permitted to print off one copy and may download extracts from any page/s contained on the website for your personal use and you may draw the attention of others within your organisation to any content posted on the website.

You must not change the paper or digital copies of any materials which you have printed off or downloaded in any way, and you must not make use of any illustrations, photographs, video or audio sequences or any graphics separately from any text which accompanies it.

You must always acknowledge our status (and that of any identified contributors) as the authors of content.

You must not use any part of the content on the website for any commercial purpose without first obtaining a licence to do so from either ourselves or our licensors.

If you print off, copy or download any part of the website in a manner which breaches these terms of use, then your right to use the website will immediately cease and you must return or destroy any copies of the materials you have made as may be required by us.

No reliance on content

The content of the website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain your own professional or specialist advice before taking, or omitting to take, any action based on the contents of the website.

Although we make reasonable efforts to keep the information on the website up to date, we do not make any guarantees, representations or warranties whether express or implied, that the content on the website is complete, accurate or up to date.

Limitation of our liability

Nothing in these terms of use limits or excludes our liability for death or personal injury arising from our own negligence, or our fraud or fraudulent misrepresentation, or any other liability that is not permitted to be excluded or limited by English law.

To the extent that is permitted by law, we exclude all warranties, conditions, representations or other terms which may apply to our website or any content on it, whether implied or expressed.

If you use the website as a consumer, please note that we only provide the website for private and domestic use. You agree that you will not use the website for any business or commercial use, and that we bear no liability to you for any loss of business, business interruption, loss of profit, or loss of business opportunity.

We will not be held liable for any loss or damage which is caused by a virus, distributed denial-of-service attack, or other material that is technologically harmful that may infect your computer programs, computer equipment, data or other material arising out of your use of the website or arising out of your downloading of any content contained on it, or contained on any website which is linked to it.

We are not liable and assume no responsibility for the content of websites which are linked on the website. Such links should not be treated as endorsement by us of those linked websites. We will not be held liable for any damage or loss that may arise out of your use of them.

Different exclusions and limitations of liability will apply to any liability arising as a result of the supply of any courses you use.

Uploading content onto the website

Whenever you make use of any feature that permits you to upload content onto our website, or to contact other users of the website, you must ensure that you comply with the standards of content set out in the Acceptable Use Policy below.

You give a warranty that any contribution of this nature complies with those standards, and you will be liable for and indemnify us for any breach of that warranty. If you are using the website as a consumer, this means you will be liable for any loss or damage we suffer as a result of your breach of this warranty.

Any content that you upload to the website will be non-proprietary and non-confidential. You retain all your own ownership rights to your content, but you are required to grant us and any other users of the sites a limited licence to store, use and copy that content and to make it available to third parties and to distribute it.

We also hold the right to disclose your identity to any third party who claims that any content uploaded by you to the website amounts to a violation of their right to privacy or their intellectual property rights.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the website.

We have the right to remove any posting you make on the website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on the website do not represent our views or values.

Viruses

We do not give any guarantee that the website will be secure or free from viruses or bugs.

You take responsibility for configuring your computer programmes, information technology, and platform correctly in order to access the website. You should make use of your own virus protection software.

You must not misuse the website by knowingly introducing trojans, worms, logic bombs, viruses or other material which is technologically harmful or malicious. You must not attempt to obtain access which is unauthorised to the website, the server on which the website is stored or any server, computer or database which is connected to the website. You must not attack our website via a distributed denial-of service attack. If you act in breach of this provision, you would be committing a criminal offence pursuant to the Computer Misuse Act 1990. Any such breach will be reported to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach of the law and of this provision, your right to use the website will cease immediately.

Links to the website

You may link to the home page of www.fivestarfoodsafety.co.uk on another website, provided that you do so in such a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where this does not exist.

Our website must not be framed on any other site.

We reserve the right to withdraw this linking permission without notice to you.

The website on which you link to our website must in all respects comply with the content standards set out in our Acceptable Use Policy.

If you would like to make any use of content on our website other than that described above, please contact contact@fivestarfoodsafety.co.uk.

Resources on our website and third-party links

On occasions where the website provide links to other sites and resources provided by third parties, these links are given for your information only. We do not have any control over the contents of those sites or resources.

Jurisdiction and applicable law

If you are using the site as a consumer, please take note that these terms of use are governed by English law. We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland.

If you are a business user, these terms of use (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Terms and conditions of supply

Please note that before you make a booking you will be asked to agree to our Terms and Conditions. If you refuse to agree to any of these Terms and Conditions, you will not be able to book any courses from our site.

The images of the courses as presented on our site (consisting of online training courses and associated materials) are set out for illustrative purposes only. Although we have made every effort to display the same colours, type of questions asked and information given accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the courses and/or that the questions and information will be the same. Your courses may vary slightly from those images.

The copyright and all other intellectual property rights in our courses, the content of them and associated materials is owned solely by us and you may not copy or reproduce any part of them unless you have obtained a licence in writing from us.

We only supply the courses for internal use by you or others within your business or organisation, and you agree not to use them or permit them to be used for any resale purposes.

Unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws including the Data Protection Act 2018, regulations and secondary legislation, as amended or updated from time to time, in the UK and any successor legislation, any laws that replace, extend, re-enact, consolidate or amend any of the foregoing will apply (Data Protection Laws).

Both you and we must comply with all applicable requirements of the Data Protection Laws.

For the purpose of this agreement you agree to our processing the personal data you provide in accordance with our Privacy Policy. You warrant that any data you provide will be accurate and that if such data is not your own and that you are a data controller (for example if you are contracting as a business and providing the details of individuals) for the purpose of the Data Protection Laws, you warrant that you have permission to process the personal data provided and that we are entitled to process the data on your behalf. In addition, you agree that we, together with you, as “joint data controllers” are entitled to process the data for the permitted purposes.

Our Agreement

You confirm that you have sufficient authority to bind any business on whose behalf you use our Site to book any Courses.

These Terms and Conditions and any document expressly referred to in them together with the Privacy Policy and Acceptable Use Policy, constitutes the whole agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge and agree that in entering into this Agreement you do not rely on any statement, representation, or warranty (even if made innocently or negligently) that is not set out in these Terms and Conditions or any document expressly referred to in them or our Privacy Policy and Acceptable Use Policy.

You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

How the Agreement is formed between you and us

Our course selection pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before finally submitting your order to us. Please take the time to carefully review and check your order at each page of the order process.

Our right to modify these Terms and Conditions

We review and may modify these Terms and Conditions from time to time. Please see above to see when these Terms and Conditions were last updated.

Every time you order courses from us, the Terms and Conditions in effect at the time of your order will be the ones applicable to the Agreement between you and us.

We review and may vary these Terms and Conditions as they are applicable to your order from time to time to reflect changes in regulatory requirements and relevant laws in which case we will notify you accordingly.

Delivery

All of our courses are electronic courses. Occasionally our delivery to you may be affected by an Event Outside Our Control.

Price of courses and other fees

The prices of the courses will be as quoted on our site at the time you submit your order. Prices for our courses may vary from time to time, but changes will not affect any order you have already placed.

There are no delivery charges for our courses except that we may charge processing fees for certain payment methods which will be advised to you before you place an order.

How to pay

You can pay for courses using PayPal. Payment by debit or credit card may be made by contacting us to arrange payment.

Payment for the courses is made in advance.

Liability

Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.

Subject to the above, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the courses save to the extent that cover is provided under our professional liability insurance.

Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the courses. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the courses are suitable for your purposes or the purposes of any learner within your organisation who is intending to do a course.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event outside our control.

An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or third party online cloud computing platforms.

If an event outside our control takes place that affects the performance of our obligations to you we will contact you as soon as reasonably possible to notify you and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of courses to you, we will arrange a new delivery date with you after the event outside our control is over.

You may cancel an order affected by an event outside our control which has continued for more than 30 days. To cancel please contact us at contact@fivestarfoodsafety.co.uk.

Your right to cancel

You have a legal right to cancel an Agreement under the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013 during the period of 14 days after the date you receive a confirmation email from us. This means that during this period if you change your mind or decide for any other reason that you do not want a course, you can advise us of your decision to cancel the Agreement and receive a refund provided that you first return to us any certificates which may have been issued by us. Information and advice about your legal right to cancel the Agreement is available from your local Citizens' Advice Bureau or Trading Standards office.

To cancel an Agreement in accordance with your legal right to do so, you just need to tell us that you have decided to cancel. To do this you may send us an email at contact@fivestarfoodsafety.co.uk. Your cancellation will take effect from the date on which we receive your email.

Your consumer right of return and refund

We are under a legal duty to supply courses that are in conformity with this Agreement. As a consumer, you have legal rights in relation to courses that are defective or not as described. These legal rights are not affected by your right to cancel or other rights contained in the Agreement.

In this case we will usually provide you as soon as practicable with a refund of the price of the courses in full via your method of payment.

Your implied rights

We do not in any way exclude or limit our liability for any breach of the Terms and Conditions which implied by under the Consumer Rights Act 2015 (including with regard to digital content corresponding with description, fitness for purpose and being of satisfactory quality) and your rights under that Act.

Acceptable Use Policy

This Acceptable Use Policy describes the terms between you and us under which you are allowed to access our websites www.fivestarfoodsafety.co.uk and all variations of this domain. This applies to all visitors to and users of our websites. Your use of the website means that you agree to abide by and accept all the policies in this Acceptable Use Policy.

You agree not to duplicate, reproduce, copy or re-sell any part of our website in contravention of our Terms and Conditions.

You also agree not (without authority) to access, interfere with, disrupt or damage: any section or part of the website; any network or equipment on which the webiste is stored; any software which is used in the provision of the website; or any network or software or equipment which is owned or used by any third party.

We will determine, at our absolute discretion, if there has been any breach of this Acceptable Use Policy through your particular use of the website. When a breach of this policy has taken place, we may decide to take such action as we deem appropriate.