General Terms & Conditions
The Institute of Occupational Safety and Health (“IOSH”) are an organisation incorporated under Royal Charter and we are also a registered Charity, number 1096790. Our registered address at The Grange, Highfield Drive, Wigston, Leicestershire LE18 1NN.
IOSH Services Limited (“ISL”). ISL is the wholly owned trading subsidiary of IOSH. ISL is registered in England & Wales under company number 01816826. Our registered address at The Grange, Highfield Drive, Wigston, Leicestershire LE18 1NN.
Our Group VAT registration number is 705 3242 69.
Please read these terms and conditions carefully before ordering any of our products/services. These terms and conditions tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
By ordering, you agree to be bound by these terms and conditions (“General Terms and Conditions”) and any additional individual terms and conditions relating to specific products/services (“Product Terms and Conditions”). Links to such additional terms and conditions can be found here.
If there is any conflict between the terms of these General Terms and Conditions and the Product Terms and Conditions, the terms of the Product Terms and Conditions take precedence over these General Terms and Conditions.
You should print a copy of these terms and conditions for future reference.
1. These terms and conditions
1.1. In some areas you will have different rights under these General Terms and Conditions and the Product Terms and Conditions depending on whether you are a business or consumer. You are a consumer if:
1.1.1. you are an individual; and
1.1.2. you are buying products/services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.2. If you are a business the General Terms and Conditions and the Product Terms and Conditions constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in the General Terms and Conditions and the Product Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the General Terms and Conditions and the Product Terms and Conditions.
2. Our contract with you
2.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product and/or service.
2.3. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. How to contact us
3.1. You can contact us by telephoning our customer service team at +44 (0)116 257 3198 or by writing to us at our registered address above or by email at email@example.com.
3.2. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. Changes to these terms and conditions
Clause 4.1 and clause 4.2 apply only if you are a business:
4.1. We reserve the right to revise and amend the General Terms and Conditions and any Product Terms and Conditions that apply from time to time to reflect changes in market conditions affecting our business, changes in technology, change in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
4.2. You will be subject to the General Terms and Conditions and the Product Terms and Conditions in force at the time that you order products or services from us, unless any change to the General Terms and Conditions and the Product Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to the General Terms and Conditions and the Product Terms and Conditions before we send you the product or provide the services (in which case we have the right to assume that you have accepted the change to the General Terms and Conditions and the Product Terms and Conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the products or services).
Clause 4.3 applies only if you are a consumer.
4.3. In addition, we may make changes to these General Terms and Conditions and the Product Terms and Conditions to reflect changes in market conditions affecting our business, changes in technology, change in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
5. Registration with IOSH or ISL
5.1. You warrant that:
5.1.1 you are legally capable of entering into binding contracts;
5.1.2 the personal information which you are required to provide when you register as a customer of ISL is true, accurate, current and complete in all respects;
5.1.3 you will notify us immediately of any changes to the personal information by contacting our Customer Service Team by e‐mail firstname.lastname@example.org, or telephone on +44 (0)116 257 3198 between UK opening times 09:00 to 17:00, Monday to Friday; and
5.1.4 you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use; and
5.1.5 you will not share your username and password with any other person or with multiple users on a network.
6. Price and payment
6.1. If you are a consumer:
6.1.1 The price of the product or service (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 6.1.3 for what happens if we discover an error in the price of the product you order;
6.1.2 We will pass on charges in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.1.3 It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product or services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product or services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
6.1.4 We accept payment with the following via our secure WorldPay platform:
6.1.5 Where you are buying goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. Where you are buying other products and services, when you must pay is set out in the applicable Product Terms and Conditions.
6.2 If you are a business:
6.2.1 you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law);
6.2.2 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount;
6.2.3 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
7 Your rights in respect of defective services
7.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)116 257 3198 or write to us at email@example.com or at our registered address. Guidance around our complaints process can be found here.
8 Our responsibility for loss or damage suffered by you
Clauses 8.1 to 8.2. below shall apply only if you are a consumer.
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services; and for defective services under the Consumer Protection Act 1987
Clauses 8.3 to 8.5 below shall apply only if you are a business.
8.3 Nothing in these General Terms and Conditions excludes or limits our liability for:
8.3.1 Death or personal injury caused by our negligence;
8.3.2 Fraud or fraudulent misrepresentation;
8.3.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
8.3.4 Any other matter for which it would be illegal for us to exclude or attempt to exclude or limit our liability.
8.4 Except to the extent expressly stated in clause 8.3 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the
Supply of Goods and Services Act 1982 are excluded.
8.5 Subject to clause 8.3:
8.5.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
8.5.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid or payable by you for services under such contract.
9 Right to change your mind if you are a consumer
This clause 9 applies only if you are a consumer.
9.1 If you are a consumer then for many products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund.
9.2 Your right as a consumer to change your mind does not apply in respect of:
9.2.1 any courses, seminars, events or other services provided on a specific date or over a specific period;
9.2.2 any e-learning services once you have downloaded or streamed any of the relevant content.
9.2.3 services, once these have been completed, even if the cancellation period is still running;
10 How to end the contract with us – Consumers.
10.1 To end the contract with us, please let us know by doing one of the following:
10.1.1 Call customer services on +44 (0)116 257 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2 Complete the form on our website.
10.1.3 Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment
10.3 If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
11 Our rights to end the contract.
11.1 We may end the contract at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services;
11.1.3 any other circumstance set out in any applicable Product Terms and Conditions applies.
11.2 If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12 Events outside of our control
12.1 If you are a business, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these General Terms and Conditions that is caused by an event outside our reasonable control.
12.2 If you are a consumer, if our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products or services you have paid for but not received.
13 Data Protection
The personal data that we collect from you and hold is important to us and is handled in accordance with our privacy notice. We are committed to ensuring that your privacy is protected. You can be assured that where you are asked to provide information by which you can be identified that it will only be used in accordance with this Privacy Notice.
If a court finds part of these General Terms and Conditions is unenforceable as a matter of law, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15 Statutory Rights
These General Terms and Conditions are in addition to your statutory rights as a consumer, which remain unaffected.
16 No waiver
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17 Third party rights
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18 Governing Law
18.1 If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in either the English courts or the courts of your home country.
18.2 If you are a business, these General Terms and Conditions are governed by and construed in accordance with the laws of England, and you irrevocably submit to the exclusive jurisdiction of the courts of England.