Terms of Service

These Terms of Service are effective as of 26/04/18.

1.             Introduction

We are EGD Safety Matters and this page tells you the Terms on which you may order and use our products, services, content, features, technologies, functions, websites, mobile applications and services. These Terms apply to you whether you are a registered user or guest. Please read carefully before ordering or using the Services.

These terms and conditions include the terms on which we will sell the Services to you. In particular, we must deliver the correct Services to the right place at the agreed time in good condition, and you must pay us the correct price. They also explain our legal responsibility to you if we fail to meet these standards.

By ordering or using the Services, you accept the terms and agree to obey them. If you don’t accept them, please don’t order or use the Services.

2.             Definitions and key terms

Employees

All employees, staff and volunteers.

Form

A Form includes any of the following that exist on the Services:

• surveys,
• contact forms,
• newsletter subscriptions forms,
• user registrations forms,
• e-commerce forms,
• other registration forms; and
• text boxes.

Order

The Order is your offer to buy the Services from us on these Terms.

Services

The Services include our:

• products,
• services,
• content,
• features,
• technologies,
• functions,
• contact (including e-mail),
• websites; and
• mobile applications.

Terms

These Terms of Service.

We, us and our

EGD Safety Matters

3.             Who we are

The Services are operated by EGD Safety Matters, a company in England.

Some important details about us:

Our business address is: 27 Barrington Road, Rugby, Warwickshire, CV22 7HP

Our regulators are: NPORS and IOSH

4.             The contract

The Order is your offer to buy the Services from us on these Terms, and you must make sure that the Order (and any required standards or measurements or specification of the Services that form part of your Order) is correct.

When we send you a written acceptance, you have a binding contract with us, and these Terms are part of it.

The contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.

If we have given you a quotation for the Services, it is only valid for 30 days from its issue date. It is not an offer to sell you the Services.

If either of us needs to give the other a notice under the contract (‘Notice’), the Notice must be given properly to be effective.

We will ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, unless such information is already apparent from the context of the transaction:

• The main characteristics of the Services,
• Our identity and contact details,
• The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated,
• Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated,
• Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Services,
• Our complaints handling policy,
• We shall ensure that you are aware of our legal duty to supply Services that are in conformity with the Contract,
• Where applicable, details of after-sales services and commercial guarantees,
• Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
• Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.

If the Services have been developed at your request or to any specification that you have supplied, you will pay for all expenses, losses and costs that we suffer from any claim made against us for breach of someone else’s intellectual property rights. This applies even after this contract has ended and includes the value of any damages which a court orders us to pay.

We are allowed to change any of our specifications or any specification that you have supplied if this is necessary to comply with any regulations.

We are allowed to transfer our rights and responsibilities under this contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.

Nobody other than we and you may rely on any terms of this contract.

Changes to the contract are only binding if we agree to them in writing, sign them and give you a copy.

If either of us wishes to give a notice to the other under the contract, we must give it in writing and either deliver it or send it by first class post to the other’s registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings.

Delay in exercising a right under the contract will not take away that right or any other right.

We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

5.             Price and payment

The price of the goods is stated in our acceptance of your Order.

We are allowed to increase the price, by giving you a Notice of increase up to 30 days before we deliver the Services, but only to take into account any of the following:

• things which are beyond our control (examples include tax changes, foreign exchange fluctuations, increases in the costs of labour, manufacturing, and/or materials;
• changes in delivery dates, or quantities, types, or specifications of the Services that you have asked for;
• a delay caused by you, or your supplying us with inadequate or inaccurate instructions.

You must pay our invoice in full within 28 days of our invoice date. You guarantee this time of payment. If you fail to pay on time, we may charge you interest at 8% per year above the Bank of England’s base rate from time to time from the due date until payment of what you owe us, whether that happens before or after any court judgment on the debt that you owe. The interest will be earned daily, and you must pay it all with the overdue amount.

You are not allowed to hold back any payment due to us as a set-off or credit or counterclaim against some other amount that you think we owe you unless the law allows it. However, we may set off any amount you owe us against any amount we owe you.

We have made every reasonable effort to ensure that our Prices are correct. Prices will be checked when we process your Order. If the actual Price of the Services is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Services is higher than that stated in your Order, we will ask you how you wish to proceed.

All payments for the Services must be made in advance before we release the Services to you.

6.             Use of the Services

You have permission for temporary use of the Services, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

You must be at least 16 years old to access and use the Services.

You cannot use the Services if you are under 16 years old, are a convicted sex offender, if we have previously disabled your account for violations of our terms or policies or if you are prohibited from using the Services under applicable laws.

You must not misuse or interfere with the Services or try to access them using a method other than in accordance with the instructions that we provide.

You may need an account in order to use parts of the Services. You may create your own account, or an account may be assigned to you by an administrator.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

You agree to follow our acceptable use policy which you can find by visiting https://www.egdsafetymatters.co.uk/acceptable-use.

If you allow anyone else to use our Services, you must make sure that they read these terms first, and that they follow them.

Only use the Services as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

We frequently update the Services and make changes to it, but we don’t have to do this, and material on the Services may be out-of-date. No material on the Services is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the Services by anyone.

We follow our privacy policy in handling information about you. You can read our policy at https://www.egdsafetymatters.co.uk/privacy.

By using the Services, you agree to us handling this information and confirm that data you provide is accurate.

7.             Intellectual property rights

We are the owner or licensee of all intellectual property rights in the Services (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

These terms and the use of the Services do not grant you ownership of, or the right to use, any intellectual property rights, branding or logos in the Services or the content you access.

You are allowed to print one copy and download extracts of any page on the Services for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

If you breach these terms, you lose your right to use our Services and must destroy or return any copies you have made.

8.             Our legal responsibility to you

We do not guarantee the accuracy of material on our Services. As far as legally possible, we exclude legal responsibility for the following:

• Any loss to you arising from the use of our Services; and
• Loss of income, profit, business, data, contracts, goodwill or savings.

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the price of the Services.

Neither of us will be legally responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.

9.             Uploading to the Services

If you contact other users of our Services or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy at https://www.egdsafetymatters.co.uk/acceptable-use. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.

Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.

We won’t be legally responsible to anybody for the accuracy of material that you upload to the Services, and we can remove it at any time if we think it doesn’t follow our acceptable use policy.

10.         Computer offences

If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Services will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You mustn’t try to get access to our Services or server or any connected database or make any ‘attack’ on the Services. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Services.

11.         Links to the Services

You are allowed to make a legal link to our Services homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.

You mustn’t suggest any endorsement by us or association with us unless we agree in writing.

12.         Links from the Services

Links from our Services to other services are only for information. We don’t accept responsibility for other services or any loss you suffer from using them.

13.         Changes

We change these terms from time to time and you must check them for changes because they are binding on you.

14.         Trademark

EGD Safety Matters is our trademark.

15.         Applicable law

The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

12.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to an independent third-party to appoint a mediator.

Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by an independent third-party in accordance with their mediation procedure), the Parties will meet with the mediator to agree on the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.

If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.

If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by an independent third-party.

Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.

The English courts have the only right to hear claims related to our Services, and all disputes are governed by English law.

16.         Contact us

Please contact us by visiting https://www.egdsafetymatters.co.uk/#contact to discuss any issues.