Terms of supply

Last updated: 24 July 2020

Read and review the terms of supply for the product(s) you are purchasing.

Elearning courses

These Terms of Supply together with the Privacy Policy, our Cookies Policy, and the Terms of Use, set out the terms on which we supply any elearning course whether as a stand-alone course or as part of a package of courses (“Package”) as may be determined by us (“Course”) listed on this website (“our site”) to you. Please read these terms carefully and make sure that you understand them, before ordering any Course from our site. You should understand that by ordering any Course, you agree to be bound by these terms.

You should print a copy of these terms of supply for future reference.

Note that if you refuse to accept these terms you must not purchase any Course from our site. Any Course that you do purchase will be purchased on these terms.

Any questions regarding this site and these Terms of Supply should be sent to NSPCC Learning at NSPCC National Centre, Weston House, 42 Curtain Road, London EC2A 3NH or by email to learning@nspcc.org.uk.

1. Information About Us

1.1 This site is operated by or on behalf of the National Society for the Prevention of Cruelty to Children. We operate the websites https://learning.nspcc.org.uk and https://mylearning.nspcc.org.uk. We are a charity registered in England and Wales under number 216401 and SC037717 in Scotland. The NSPCC Trading Company Ltd. (registered Company in England & Wales no. 890446) is a wholly owned subsidiary or ours which trades on our behalf. Within the context of these terms of use “NSPCC” and “We” mean both the National Society for the Prevention of Cruelty to Children and the NSPCC Trading Company Ltd. We are the UK’s leading charity specialising in child protection and in the prevention of cruelty to children.

1.2 We will accept orders from outside the UK and Channel Islands, however the payment process and the Course itself is compliant solely with the laws of England and Wales and/or reflects best social work practice in the United Kingdom rather than the country of purchase. 

2. Your Status

2.1 By placing an order through our site, you warrant that:

  • (a) you are legally capable of entering into binding contracts and/or are authorised to do so on behalf of your organisation; and
  • (b) you are aged 18 or over. 

3. How the Contract is Formed Between you and us

3.1 After placing an order, you will receive an email from us or our service providers acknowledging that we have received your order and accepted it (“Order Confirmation Email”). The contract between us and you (the “Contract”) will only be formed when we send you the Order Confirmation Email but will still be subject to availability.

3.2 The Contract will relate only to the Course we have confirmed in the Order Confirmation Email. We will not be obliged to supply any other Course, nor will any contract be formed between us and you in respect of any other Course, which may have been part of your order until availability of such Course has been confirmed in a separate Confirmation Email.  We will either arrange for you to allocate purchased licences to registered users in your organisation yourself or make the Courses available to those individuals as soon as reasonably practical.

3.3 Where payment by purchase order is selected as part of the registration process, we reserve the right to reject the order (see paragraph 6 below).

4. Our Status

We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against third party sellers.

5. Availability

If you purchase by credit or debit card payment the Course will be available immediately on receipt of our Order Confirmation Email.

If you request to purchase a Course other than by credit or debit card payment (namely by means of invoice/Purchase Order) your order will be subject to our review and approval.  If your Order is accepted by us, we will issue an Order Confirmation Email and your Course will be available upon receipt of the Order Confirmation Email. We will either arrange for you to allocate purchased licences to registered users in your organisation yourself or make the Courses available to those individuals as soon as reasonably practical (see Clause 6.3 below concerning Packages).

6. Rights to Use the Course

6.1 On payment of the entire fee for the Course:

  • (a) in the case of individuals, we grant to you a non-exclusive and licence without right of sub-license for you to use the Course for your own internal use for up to one year following receipt of the Order Confirmation Email; and
  • (b) in the case of organisations, we grant to your organisation a non-exclusive and licence without right of sub-licence for your own internal use for the Course for one year following receipt of the Order Confirmation Email, to be used solely by individuals engaged by your organisation solely for the purposes of the work of the organisation;

In either case, you cannot "keep" the Course, as it is only available to you for one year following receipt of the Order Confirmation Email. The Course can only be retaken by yourself as an individual or by the individual whose name has been provided to us.

6.2 You are entitled to download and use within your organisation any PDF resources or other additional downloadable materials associated with the Course.

6.3 Courses incorporated in a Package must be taken in their entirety by you and/or the individual named as the registered user.  Package contents may not be split or assigned and/or allocated to other individuals or persons in your organisation. 

6.4  In the event that we change the electronic platform on which the Courses are available, you acknowledge that you may need to take reasonable actions to retain access to any Course that you have purchased, including but not limited to re-registering your details or those of your organisation on a new electronic platform. We will give you notice in advance of any such requirement, together with instructions explaining what actions will be required from you to retain access to any Course that you have purchased.

7. Price, Payment and Delivery

7.1 The price of the Course will be as quoted on our site from time to time, except in cases of obvious error.

7.2 Course prices are exempt from VAT in accordance with HMRCs definition of education exemption as follows: “A Course, class or lesson of instruction or study in any subject, whether or not normally taught in schools, colleges or universities and regardless of where and when it takes place. Education includes lectures, educational seminars, conferences and symposia, together with holiday, sporting and recreational courses. It also includes distance teaching and associated materials, if the student is subject to assessment by the teaching institution”.

7.3 Our Course prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.

7.4 It is always possible that, despite our best efforts, the Course listed on our site may be incorrectly priced. If a Course’s correct price is higher than the price stated on our site, we will normally reject your order and notify you that we are rejecting it.

7.5 If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the Course to you at the incorrect (lower) price.

7.6  Payment for all Courses must be by credit or debit card. We accept payment with Visa and MasterCard. Purchase orders may be accepted for bulk orders totaling £500 or more.  Your credit and debit card information will be handled in accordance with the terms of our Privacy Policy.

7.7 The price of the Course does not include updates and upgrades following publication.  These form part of new versions of the Course which will be available for separate purchase and download.

8. Cancellation of Contract

8.1 To the extent that you purchasing as a consumer, namely, in an individual, personal capacity and not in a professional capacity, you may cancel a Contract at any time within fourteen (14) days beginning on the day you received the Order Confirmation Email, so long as you have not yet commenced any of the Courses ordered.  In this case, you will receive a full refund of the price paid for the Course as soon as possible.  No such rights to cancel shall exist if you are not a consumer.

8.2  If you are not a consumer and wish to cancel your Contract for any other reason (for instance, because you have notified us in accordance with Clause 20 that you do not agree to a change in these terms or in any of our policies, or because you consider that the Course is defective), we will review the Course if applicable and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Course in full as soon as possible.

8.2 To cancel a Contract, you must inform us via email to learning@nspcc.org.uk.

8.3 This provision does not affect your other statutory rights as a consumer.

9. Disclaimer

9.1  We use our best endeavours to provide up to date and accurate information in the Course as of the date of purchase to you.  However, you acknowledge and agree that:

  • The Course is not intended to constitute a definitive or complete statement of the law on any subject nor is any part of the Course content intended to constitute legal advice for any specific situation.
  • We do not undertake any obligation to consider whether the information provided in the Course (including answering a query) is either sufficient or appropriate for any particular actual circumstances.
  • We do not accept any responsibility for action taken as a result of information included in the Courses. You should take specific advice when dealing with specific situations.
  • Research and development changes over time. Therefore, the Course is advisory in nature, reflecting current best practice at the date of publication, and may not reflect all recent legal or best practice developments arising from any unforeseen or emergency law, regulation, code of practice, statutory instrument or other legislation which may be enacted or comes into force during the Term following purchase of the Course by you and may not apply to the specific facts and circumstances encountered by you. 

10. Our Liability

10.1 To the extent permitted by law, we exclude all liability in respect of all claims arising out of or in connection with the provision of clinical advice and care to any service users provided in accordance with any Course and you hereby agree to indemnify us against any claim made against us by a service user or on behalf of a service user to the extent that the claim arises as a result of the default, negligence or other act or omission of you or your personnel.

10.2 Without prejudice to Clause 10.1, we will not be liable under these terms for any loss or damage caused by us or our officers, employees or agents in circumstances where:

  • (a) there is no breach of a legal duty of care owed to you by us or by any our officers, employees or agents;
  • (b) such loss or damage is not a reasonably foreseeable result of any such breach; or
  • (c) any increase in loss or damage or results from any breach by you of any term of these terms.

10.3 Nothing in these terms excludes or limits our liability for:

  • (a) death or personal injury caused by our negligence;
  • (b) fraud or fraudulent misrepresentation;
  • (c) 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;
  • (e) any deliberate breaches of these terms that would entitle you to terminate the Contract; or
  • (f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

10.4 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 price paid by you for the Course.

11. Import Duty

11.1 If you agree with us to buy any Course and use it from outside the UK, the Course may be subject to import duties and taxes from the jurisdiction you use the Course.  You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

11.2 Please also note that you must comply with all applicable laws and regulations of the country in which you take the Course. We will not be liable for any breach by you of any such laws.

12. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be primarily electronic. We will contact you by email or alternatively 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 requirement that such communications be in writing. This condition does not, however, affect your statutory rights.

13. Notices

All notices given by you to us must be given to the NSPCC at NSPCC Learning, NSPCC National Centre, Weston House, 42 Curtain Road, London EC2A 3NH or by email to-learning@nspcc.org.uk. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or two (2) 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 such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

14. Transfer of Rights and Obligations

14.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. Events Outside our Control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, (without limitation) the following:

  • (a) strikes, lock-outs or other industrial action (excluding the affected party's workforce);
  • (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • (e) impossibility of the use of public or private telecommunications networks;
  • (f) the acts, decrees, legislation, regulations or restrictions of any government; and
  • (g) pandemic or epidemic.

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will be able to rely on an extension of time for performance for the duration of the Force Majeure Event. We will use our reasonable endeavours to bring the Force Majeure Event to a close, to mitigate the continuing effects of a Force Majeure Event, or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. Waiver

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

16.3  No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 13 above.

17. Severability

If any court or competent authority decides that any of the provisions of these terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permissible by law.

18. Entire Agreement

These terms 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 these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

19. Our Right to Vary These Terms

19.1 We have the right to revise and amend these terms from time to time.

19.2 You will be subject to the policies and terms in force at the time that you order the Course from us, unless any change to those policies or these terms 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 those policies or these terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted such changes to the terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Course).

20. Law and Jurisdiction

Contracts for the purchase of the Course through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims arising out of or in connection with them) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English Courts.

21. Third Party Rights

A person who is not party to these terms or a Contract shall have no rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

22. Feedback

We may invite you to provide feedback on your purchase, by way of electronic and/or telephone surveys. Participation in such surveys is optional, and any data collected will be handled in accordance with our Privacy Policy. Each individual using the Course consents to being contacted by us to request feedback.

Addendum to Terms of Supply

This Addendum applies to the NSPCC's general Terms of Supply above, and sets out additional terms (“terms”) that apply to the supply of the coping with crying parent education programme (“CWC Course”) listed on our site to you. Please read these terms carefully and make sure that you understand them, before ordering this Course from our site. You should understand that by ordering the Course, you agree to be bound by these terms.

The CWC Course includes an elearning course, a programme manual, an online film and any other materials indicated as forming part of the CWC Course. All references to the CWC Course in these supplemental terms should be construed as references to the all of these materials.

These terms should be read in conjunction with our general Terms of Supply, are supplemental to the Terms of Supply and form an integral and non-separable part the Terms of Supply in relation to the supply of the CWC Course. In the event of any conflict between the wording of these terms and the wording of the Terms of Supply in relation to the CW Course, the wording of these terms shall prevail.

You should print a copy of these terms for future reference.

Note that if you refuse to accept these terms you must not purchase the CWC Course from our site or use the CWC Course. By purchasing or using the CWC Course, you confirm that you have read, understood and accepted these terms.

1. Information About the CWC Course

1.1 The CWC Course is a parent education programme, targeting all new or expectant parents within the perinatal period, with the aim of reducing the incidence of non-accidental head injuries to babies. The CWC Course is designed to be used by professional or voluntary maternity or health care practitioners who support parents during the perinatal period ("Agreed Users"), with the intention being for the CWC Course to be shown to parents to help prepare them for pressures such as infant crying and sleeplessness. Most importantly it highlights the dangers of violent infant shaking.

1.2 The CWC Course is not designed to be purchased and/or used directly by any individuals who are not Agreed Users. We reserve the right to determine, in our reasonable opinion, whether an individual meets the definition of an Agreed User.

2. Agreed Users

2.1 The CWC Course is designed to be used by Agreed Users, as defined and described in Paragraph 1.1 of this Addendum.

2.2 By purchasing the CWC Course:

  • (a) in the case of individuals, you acknowledge that you are an Agreed User and that you will deliver the course to parents in accordance with the guidelines set out in the programme manual that accompanies the CWC Course; and
  • (b) in the case of organisations, you will only make the CWC Course available to the agreed individuals (who must be Agreed Users) and shall procure that such individuals will deliver the course to parents in accordance with the guidelines set out in the programme manual that accompanies the CWC Course. 

2.3 We reserve the right to inform you that you do not (or that one of your agreed individuals does not), in our reasonable opinion, meet the definition of an Agreed User, in which case the license for such individual will be revoked with immediate effect and such individual must stop using the CWC Course.

3. Rights to Use the CWC Course

3.1 On payment of the entire CWC Course fee:

  • (a) in the case of individuals, we grant to you a non-exclusive licence for you to use the CWC Course for your own use for up to three years following receipt of the Order Confirmation Email (which may be extended in accordance with Paragraph 3.3 of this Addendum); and
  • (b) in the case of organisations that bulk purchase the CWC Course, we grant to your organisation a non-exclusive licence for the CWC Course for three years following receipt of the Order Confirmation Email (which may be extended in accordance with Paragraph 3.3 of this Addendum), to be taken solely by such individuals that are then agreed between us and you after your purchase.

3.2  In either case, you cannot "keep" the CWC Course, as it is only available to you for three years following receipt of the Order Confirmation Email. The CWC Course can only be retaken by yourself as an individual or by the individuals agreed between us in accordance with Paragraph 3.1(b) of this Addendum. However, you are entitled to download and use within your organisation any PDF resources or other additional downloadable materials associated with a product.

3.3  If you wish to extend the non-exclusive license described in Paragraph 3.1 of this Addendum, you may request an extension ("Extension Request") at any time up to [14] days prior to the expiry of your existing non-exclusive license. You may submit an Extension Request via email to learning@nspcc.org.uk, following which we will contact you as soon as reasonably practical to agree with you the length of the extension and the price payable by you to us for such extension. We reserve the right to reject an Extension Request for any reason.

3.4  If we agree to an Extension Request in accordance with Paragraph 3.3 of this Addendum, you will receive an email from us or our service providers confirming the length of the extension and the price paid (or payable) by you. Paragraph 3.1 of this Addendum shall be deemed to be amended to reflect the agreed extension period, with such deemed amendment taking effect on the later to occur of: (a) the date on which we send you a confirmation email related to the Extension Request; and (b) the date on which we receive payment from you related to the Extension Request.

4. Obligations of organisations in respect of individuals

4.1 If you are an organisation purchasing the CWC Course on behalf of agreed individuals, you shall procure that only agreed individuals are given access to the CWC Course. Further, you undertake to send each such individual a copy of the Terms and Supply (together with this Addendum), and shall procure that each such individual acknowledges and agrees that such terms apply to them as if they had directly purchased the CWC Course. If any individual does not agree to the terms applying to them as if they had directly purchased the CWC Course, then they should not be given access to the CWC Course (and you agree to notify us accordingly).

4.2 If you are an organisation, you agree that the indemnity set out in Clause 10.1 of the Terms of Supply is hereby extended to cover any claim made against us by a service user or on behalf of a service user to the extent that the claim arises as a result of the default, negligence or other act or omission of any individual who gains access to the CWC Course through you.

Face-to-face and virtual training

These Terms of Supply together with the Privacy Policy, our Cookies Policy, and the Terms of Use, set out the terms on which you may book (order) and we supply the safeguarding and child protection training courses listed on this website (“our site”) to you at one of our approved training venues or via Zoom meeting, as per paragraph 25 below (“F2F Training”). Please read these terms carefully along with any pre-course requirements and make sure that you understand them, before booking any F2F Training from our site. You should understand that by booking any F2F Training, you agree to be bound by these terms and confirm that you comply with any pre-course requirements.  

You should print a copy of these terms of supply for future reference.

Note that if you refuse to accept these terms you must not purchase any F2F Training from our site. Any F2F Training that you do purchase will be purchased on these terms.

Any questions regarding this site and these Terms of Supply should be sent to NSPCC Learning at NSPCC National Centre, Weston House, 42 Curtain Road, London EC2A 3NH or by email to learning@nspcc.org.uk.  

1. Information About Us

1.1 This site is operated by or on behalf of the National Society for the Prevention of Cruelty to Children. We operate the websites https://learning.nspcc.org.uk and https://mylearning.nspcc.org.uk. We are a charity registered in England and Wales under number 216401 and SC037717 in Scotland. The NSPCC Trading Company Ltd. (registered Company in England & Wales no. 890446) is a wholly owned subsidiary or ours which trades on our behalf. Within the context of these terms of use “NSPCC” and “We” mean both the National Society for the Prevention of Cruelty to Children and the NSPCC Trading Company Ltd. We are the UK’s leading charity specialising in child protection and in the prevention of cruelty to children.

1.2  We will accept orders from organisations based outside the UK and Channel Islands, however the payment process and the F2F Training is compliant solely with the laws of England and Wales and/or reflects best social work practice in the United Kingdom rather than the country of purchase.   

2. Your Status

2.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and/or are authorised to do so on behalf of your organisation.

3. How the Contract is Formed Between you and us

3.1 After placing an order, you will receive an email from us or our service providers acknowledging that we have received your order and accepted it (“Order Confirmation Email”). The contract between us and you (the “Contract”) will only be formed when we send you the Order Confirmation Email but will still be subject to availability.

3.2 The Contract will relate only to the provision of the F2F Training we have confirmed in the Order Confirmation Email. We will not be obliged to supply any other F2F Training, nor will any contract be formed between us and you in respect of any other F2F Training, which may have been part of your order until availability of such F2F Training has been confirmed in a separate Order Confirmation Email.

3.3 Where payment by purchase order is selected as part of the registration process, we reserve the right to reject the order (see paragraph 5 below).

4. Our Status

We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against third party sellers.

5. Availability

5.1 If you request to purchase F2F Training other than by credit or debit card payment (namely by means of invoice/Purchase Order) your order will be subject to our review and approval.  If your Order is accepted by us, we will issue an Order Confirmation Email confirming the dates, location (including directions) of the F2F Training.

6. Rights to Use F2F Training Materials

6.1 At the course you will receive training materials, including a course book (Training Materials).  Any such Training Materials are for your own personal use and should not be disseminated either inside or outside of your organisation.

7. Price, Payment and Delivery

7.1 The price of the F2F Training will be as quoted on our site from time to time, except in cases of obvious error.

7.2 F2F Training prices are exempt from VAT in accordance with HMRCs definition of education exemption as follows: “A course, class or lesson of instruction or study in any subject, whether or not normally taught in schools, colleges or universities and regardless of where and when it takes place. Education includes lectures, educational seminars, conferences and symposia, together with holiday, sporting and recreational courses. It also includes distance teaching and associated materials, if the student is subject to assessment by the teaching institution”.

7.3 Our prices for F2F Training are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation Email.

7.4 It is always possible that, despite our best efforts, the F2F Training listed on our site may be incorrectly priced. If the correct price is higher than the price stated on our site, we will normally reject your order and notify you that we are rejecting it.

7.5  If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the F2F Training to you at the incorrect (lower) price.

7.6 Payment for all F2F Training must be by credit or debit card. We accept payment with Visa and MasterCard. Your credit and debit card information will be handled in accordance with the terms of our Privacy Policy.   

7.7 Purchase orders may be accepted for bulk orders totaling £500 or more except in the following circumstances, which must be made by credit or debit card at the time of booking:

            7.7.1     Orders from overseas Customers (outside the UK);

            7.7.2     Orders made within 30 days of the date of commencement of F2F Training. 

Any such Purchase Order requests will be rejected and Customers made via Purchase Order will be rejected and Customers will be advised that immediate payment must be made by credit or debit card at the time of booking.  

7.8  Without limiting its other rights or remedies, where F2F Training is ordered via Purchase Order, NSPCC may cancel the order with immediate effect if Customer fails to pay any amount due under this Agreement no later than 30 days prior to the first date of F2F Training.

8. Our Cancellation Policy

8.1 If you decide to cancel the F2F Training which you have purchased (in full or in part) or are unable to attend, you must inform the NSPCC via email (learning@nspcc.org.uk). 

8.2  Cancellation takes effect on the date NSPCC receives your written cancellation instruction and may be subject to the cancellation charges described in paragraph 8.5 below. 

8.3 If you find you are unable to attend, you may transfer your place to another suitable individual in your organisation.  Alternatively, if you cannot or do not wish to give the place to someone else in your organisation, the NSPCC may, at its sole discretion, accept the fee paid as payment towards a place on the same or another of our training course that takes place within 12 months following the originally booked F2F Training event.  Such transfer is conditional upon you informing the NSPCC of your intentions by email (learning@nspcc.org.uk) at least four weeks prior to the originally booked F2F Training.  Transfer to another individual in your organisation or to another F2F Training event will only be permitted on one occasion only. 

8.4 If you are unable to attend and are not in a position to transfer your place to another person in your organisation or cannot be transferred to another F2F Training event, or otherwise fail to notify the NSPCC of your intention, this will be viewed as Cancellation and the cancellation charges described in paragraph 8.5 will apply:

8.5 If you make a Cancellation, then you must pay NSPCC a charge to compensate NSPCC for the expense and losses which NSPCC will incur as a result of your Cancellation. The Cancellation charges will be calculated in accordance with the table below and either retained by the NSPCC if purchased via this Site or payable to NSPCC if purchased via Purchase Orders) within 14 days or receipt by NSPCC of the Cancellation instruction:

  • 16-12 weeks before the course: 25% of the fee
  • 12-8 weeks before the course: 50% of the fee
  • 8-2 weeks before the course: 75% of the fee
  • Less than 14 days before the course: 100% of the fee
  • Following transfer to another individual or to another course: 100% of the fee.

Please note that cancellation or transfer rights do not apply following transfer of the F2F Training to another individual in your organisation or where the NSPCC has permitted to you transfer to another training course.  100% of the fee will be payable to the NSPCC. 

9. Pre Course Requirements

9.1 It may be a criteria for F2F Training that certain pre-course requirements specified on our Site are met in order to book and attend F2F Training.  In the event that you fail to confirm or falsely confirm that you meet such requirements the NSPCC expressly reserves its right to take the following action (as applicable):

9.1.1    Not to accept an Order;

9.1.2    To cancel an Order, even following issue of an Order Confirmation Email;

9.1.3    To refuse to provide training to the individual concerned;

9.1.4    Not to provide a certificate of course completion relating to the F2F Training. 

10. Consumer Rights (To the extent that you purchasing in an individual, personal capacity and not in a professional capacity – otherwise please refer to paragraphs 8.1 to 8.5 above Cancellation Policy).

10.1  If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) days beginning on the day you received the Order Confirmation Email, so long as you have not yet commenced any of the F2F Training ordered.  In this case, you will receive a full refund of the price paid for the F2F Training in accordance with our refunds policy (for which, please see paragraph 8 above). No such rights to cancel shall exist if you are not a consumer.

10.2 To cancel a Contract, you must inform us via email to learning@nspcc.org.uk.

10.3 This provision does not affect your other statutory rights as a consumer.

11. Disclaimer

11.1 We use our best endeavours to provide up to date and accurate information in our F2F Training as of the date of the first day of delivery of any F2F Training.   However, you acknowledge and agree that:

  • The F2F Training is not intended to constitute a definitive or complete statement of the law on any subject nor is any part of the F2F Training content intended to constitute legal advice for any specific situation.
  • We do not undertake any obligation to consider whether the information provided in the F2F Training (including answering a query) is either sufficient or appropriate for any particular actual circumstances.
  • We do not accept any responsibility for action taken as a result of information included in the F2F Training. You should take specific advice when dealing with specific situations.
  • Research and development changes over time. Therefore, the F2F Training is advisory in nature, reflecting current best practice at the date of publication, and may not reflect all recent legal or best practice developments arising from any unforeseen or emergency law, regulation, code of practice, statutory instrument or other legislation which may be enacted or comes into force during the Term following purchase of the F2F Training by you and may not apply to the specific facts and circumstances encountered by you. 

12. Our Liability

12.1 To the extent permitted by law, we exclude all liability in respect of all claims arising out of or in connection with the provision of clinical advice and care to any service users provided in accordance with any part of the F2F Training and you hereby agree to indemnify us against any claim made against us by a service user or on behalf of a service user to the extent that the claim arises as a result of the default, negligence or other act or omission of you or your personnel.

12.2  Without prejudice to paragraph 11.1, we will not be liable under these terms for any loss or damage caused by us or our officers, employees or agents in circumstances where:

  • (a) there is no breach of a legal duty of care owed to you by us or by any our officers, employees or agents;
  • (b) such loss or damage is not a reasonably foreseeable result of any such breach; or
  • (c) any increase in loss or damage or results from any breach by you of any term of these terms.

12.3 Nothing in these terms excludes or limits our liability for:

  • (a) death or personal injury caused by our negligence;
  • (b) fraud or fraudulent misrepresentation;
  • (c) 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;
  • (d) any deliberate breaches of these terms that would entitle you to terminate the Contract; or
  • (e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

12.4 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 price paid by you for the F2F Training.

13. Applicable law and Jurisdiction.

Contracts for the purchase of F2F Training through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims arising out of or in connection with them) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English Courts.

14. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be primarily electronic. We will contact you by email or alternatively 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 requirement that such communications be in writing. This condition does not, however, affect your statutory rights.

15. Notices

All notices given by you to us must be given to the NSPCC at NSPCC Learning, NSPCC National Centre, Weston House, 42 Curtain Road, London EC2A 3NH or by email to learning@nspcc.org.uk. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or two (2) 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 such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

16. Transfer of Rights and Obligations

16.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17. Events Outside our Control

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).

17.2  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, (without limitation) the following:

  • (a) strikes, lock-outs or other industrial action (excluding the affected party's workforce);
  • (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • (e) impossibility of the use of public or private telecommunications networks;
  • (f) the acts, decrees, legislation, regulations or restrictions of any government; and
  • (g) pandemic or epidemic.

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will be able to rely on an extension of time for performance for the duration of the Force Majeure Event. We will use our reasonable endeavours to bring the Force Majeure Event to a close, to mitigate the continuing effects of a Force Majeure Event, or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18 Waiver

18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

18.3 No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.

19. Severability

If any court or competent authority decides that any of the provisions of these terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permissible by law.

20. Entire Agreement

These terms 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 these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

21. Our Right to Vary These Terms

21.1 We have the right to revise and amend these terms from time to time.

21.2 You will be subject to the policies and terms in force at the time that you order the F2F Training from us, unless any change to those policies or these terms 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 those policies or these terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted such changes to the terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the F2F Training).

22. Law and Jurisdiction

Contracts for the purchase of the F2F Training through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims arising out of or in connection with them) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English Courts.

23. Third Party Rights

A person who is not party to these terms or a Contract shall have no rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

24. Feedback

We may invite you to provide feedback on your purchase, by way of electronic and/or telephone surveys. Participation in such surveys is optional, and any data collected will be handled in accordance with our Privacy Policy.  Each individual booking/participating in the F2F Training consents to being contacted by us to request feedback.

25. Virtual training

We use Zoom Pro for delivering our live virtual training.

  • You’ll need to sign up to Zoom and agree to the Zoom Privacy Notice in order to attend virtual training.
  • No confidential or sensitive data should be shared during the virtual event.
  • In order to take your training securely and for the best possible experience please use Zoom version 5.0 or above.
  • We recommend installing the latest version of your web browser before beginning your course. Prior to the event, you can test your internet connection at https://zoom.us/test
  • Your trainer will contact you prior to your training date with details of how to login on the day of your session and setting up Zoom. You can also visit the Zoom website for technical support. https://support.zoom.us/hc/en-us/articles/206175806.

PDF toolkits

These Terms of Supply together with the Privacy Policy, our Cookies Policy, and the Terms of Use, set out the terms on which we supply any PDF Toolkit (“Toolkit”) listed on this website (“our site”) to you. Please read these terms carefully and make sure that you understand them, before ordering any Toolkit from our site. You should understand that by ordering any Toolkit, you agree to be bound by these terms.  

You should print a copy of these terms of supply for future reference.

Note that if you refuse to accept these terms you must not purchase any Toolkit from our site. Any Toolkit that you do purchase will be purchased on these terms.

Any questions regarding this site and these Terms of Supply should be sent to NSPCC Learning at NSPCC National Centre, Weston House, 42 Curtain Road, London EC2A 3NH or by email to learning@nspcc.org.uk.

1. Information About Us

1.1 This site is operated by or on behalf of the National Society for the Prevention of Cruelty to Children. We operate the websites https://learning.nspcc.org.uk and https://mylearning.nspcc.org.uk. We are a charity registered in England and Wales under number 216401 and SC037717 in Scotland. The NSPCC Trading Company Ltd. (registered Company in England & Wales no. 890446) is a wholly owned subsidiary or ours which trades on our behalf. Within the context of these terms of use “NSPCC” and “We” mean both the National Society for the Prevention of Cruelty to Children and the NSPCC Trading Company Ltd. We are the UK’s leading charity specialising in child protection and in the prevention of cruelty to children.

1.2 Any Toolkit available via this site is intended for use by social work, social care and counselling professionals only.  For example, child protection agencies, local authorities, foster care organisations, education authorities and other statutory agencies.  Our PDF Toolkits are not designed to be purchased and/or used directly by any individuals who are not a social work, social care or counselling professional. We reserve the right to determine, in our reasonable opinion, whether an individual meets the definition of a social work, social care or counselling professional. We will accept orders from outside the UK and Channel Islands, however the payment process and the Toolkit itself is compliant solely with the laws of England and Wales and/or reflects best social work practice in the United Kingdom rather than the country of purchase.   

2. Your Status

2.1 By placing an order through our site, you warrant that:

  • (a) you are legally capable of entering into binding contracts and/or are authorised to do so on behalf of your organisation; and
  • (b) you are a social work, social care or counselling professional. 

3. How the Contract is Formed Between you and us

3.1 After placing an order, you will receive an email from us or our service providers acknowledging that we have received your order and accepted it (“Order Confirmation Email”). The contract between us and you (the “Contract”) will only be formed when we send you the Order Confirmation Email but will still be subject to availability.

3.2  The Contract will relate only to the Toolkit we have confirmed in the Order Confirmation Email. We will not be obliged to supply any other Toolkit, nor will any contract be formed between us and you in respect of any other Toolkit, which may have been part of your order until availability of such Toolkit has been confirmed in a separate Confirmation Email.

3.3  Where payment by purchase order is selected as part of the registration process, we reserve the right to reject the order (see paragraph 6 below).

4. Our Status

We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against third party sellers.

5. Consumer Rights (To the extent applicable)

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) days beginning on the day you received the Confirmation Email, so long as you have not yet commenced the course. In this case, you will receive a full refund of the price paid for the Toolkit in accordance with our refunds policy (for which, please see Clause 9 below). You agree that if you have opened the Toolkit then you will lose your right to cancel the Contract during those fourteen (14) days. No such rights to cancel shall exist if you are not a consumer.

5.2 To cancel a Contract, you must inform us via email to learning@nspcc.org.uk.

5.3 This provision does not affect your other statutory rights as a consumer.

6. Availability

If you purchase by credit or debit card payment the Toolkit will be available immediately on receipt of our Order Confirmation Email.

If you request to purchase a Toolkit other than by credit or debit card payment (namely by means of invoice/Purchase Order) your order will be subject to our review and approval.  If your Order is accepted by us, we will issue an Order Confirmation Email and your Toolkit will be available upon receipt of the Order Confirmation Email.

7. Rights to Use the Toolkit

7.1 On payment of the entire fee for the Toolkit:

  • (a) in the case of individuals, we grant to you a non-exclusive and licence without right of sub-license for you to use the Toolkit for your own personal, non-commercial use. You will be able to access or download the PDF from our site for up to one year following receipt of the Order Confirmation Email; and
  • (b) in the case of organisations, we grant to your organisation a non-exclusive and licence without right of sub-licence for your own internal use to be used solely by individuals engaged by your organisation solely for the purposes of the work of the organisation. You will be able to access or download the PDF from our site for up to one year following receipt of the Order Confirmation Email.

7.2 You are entitled to download and use within your organisation any PDF resources or other additional downloadable materials associated with the Toolkit.

7.3 In the event that we change the electronic platform on which the Toolkits are available, you acknowledge that you may need to take reasonable actions to retain access to any Toolkit that you have purchased, including but not limited to re-registering your details or those of your organisation on a new electronic platform. We will give you notice in advance of any such requirement, together with instructions explaining what actions will be required from you to retain access to any Toolkit that you have purchased.

8. Price, Payment and Delivery

8.1 The price of the Toolkit will be as quoted on our site from time to time, except in cases of obvious error.

8.2 Toolkit prices are exempt from VAT in accordance with HMRCs definition of education exemption as follows: “A Toolkit, class or lesson of instruction or study in any subject, whether or not normally taught in schools, colleges or universities and regardless of where and when it takes place. Education includes lectures, educational seminars, conferences and symposia, together with holiday, sporting and recreational courses. It also includes distance teaching and associated materials, if the student is subject to assessment by the teaching institution”.

8.3 Our Toolkit prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.

8.4 It is always possible that, despite our best efforts, the Toolkit listed on our site may be incorrectly priced. If a Toolkit’s correct price is higher than the price stated on our site, we will normally reject your order and notify you that we are rejecting it.

8.5 If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the Toolkit to you at the incorrect (lower) price.

8.6 Payment for all Toolkits must be by credit or debit card. We accept payment with Visa and MasterCard. Purchase orders may be accepted for bulk orders totaling £500 or more.  Your credit and debit card information will be handled in accordance with the terms of our Privacy Policy.

8.7 The price of the Toolkit does not include updates and upgrades following publication.  These form part of new versions of the Toolkit which will be available for separate purchase and download.

9. Our Refunds Policy – To the extent applicable to consumers.

9.1 If you return a Toolkit to us:

  • (a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (per Clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day on which you gave us notice to cancel the Contract. In this case, we will refund the price of the Toolkit; or
  • (b) for any other reason (for instance, because you have notified us in accordance with Clause 20 that you do not agree to a change in these terms or in any of our policies, or because you consider that the Toolkit is defective), we will review the Toolkit if applicable and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Toolkit in full.

10. Disclaimer

10.1  We use our best endeavours to provide up to date and accurate information in the Toolkit as of the date of purchase to you.  However, you acknowledge and agree that:

  • The Toolkit is not intended to constitute a definitive or complete statement of the law on any subject nor is any part of the Toolkit content intended to constitute legal advice for any specific situation.
  • We do not undertake any obligation to consider whether the information provided in the Toolkit (including answering a query) is either sufficient or appropriate for any particular actual circumstances.
  • We do not accept any responsibility for action taken as a result of information included in the Toolkits. You should take specific advice when dealing with specific situations.
  • Research and development changes over time. Therefore, the Toolkit is advisory in nature, reflecting current best practice at the date of publication, and may not reflect all recent legal or best practice developments arising from any unforeseen or emergency law, regulation, code of practice, statutory instrument or other legislation which may be enacted or comes into force during the Term following purchase of the Toolkit by you and may not apply to the specific facts and circumstances encountered by you. 

11. Our Liability

11.1  To the extent permitted by law, we exclude all liability in respect of all claims arising out of or in connection with the provision of clinical advice and care to any service users provided in accordance with any Toolkit and you hereby agree to indemnify us against any claim made against us by a service user or on behalf of a service user to the extent that the claim arises as a result of the default, negligence or other act or omission of you or your personnel.

11.2 Without prejudice to Clause 11.1, we will not be liable under these terms for any loss or damage caused by us or our officers, employees or agents in circumstances where:

  • (a) there is no breach of a legal duty of care owed to you by us or by any our officers, employees or agents;
  • (b) such loss or damage is not a reasonably foreseeable result of any such breach; or
  • (c) any increase in loss or damage or results from any breach by you of any term of these terms.

11.3 Nothing in these terms excludes or limits our liability for:

  • (a) death or personal injury caused by our negligence;
  • (b) fraud or fraudulent misrepresentation;
  • (c) 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;
  • (e) any deliberate breaches of these terms that would entitle you to terminate the Contract; or
  • (f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11.4 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 price paid by you for the Toolkit. 

12. Import Duty

12.1 If you agree with us to buy any Toolkit and use it from outside the UK, the Toolkit may be subject to import duties and taxes from the jurisdiction you use the Toolkit.  You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12.2  Please also note that you must comply with all applicable laws and regulations of the country in which you take the Course. We will not be liable for any breach by you of any such laws.

13. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be primarily electronic. We will contact you by email or alternatively 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 requirement that such communications be in writing. This condition does not, however, affect your statutory rights.

14. Notices

All notices given by you to us must be given to the NSPCC at NSPCC Learning, NSPCC National Centre, Weston House, 42 Curtain Road, London EC2A 3NH or by email to learning@nspcc.org.uk. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or two (2) 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 such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15. Transfer of Rights and Obligations

15.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. Events Outside our Control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, (without limitation) the following:

  • (a) strikes, lock-outs or other industrial action (excluding the affected party's workforce);
  • (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • (e) impossibility of the use of public or private telecommunications networks;
  • (f) the acts, decrees, legislation, regulations or restrictions of any government; and
  • (g) pandemic or epidemic.

16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will be able to rely on an extension of time for performance for the duration of the Force Majeure Event. We will use our reasonable endeavours to bring the Force Majeure Event to a close, to mitigate the continuing effects of a Force Majeure Event, or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. Waiver

17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

17.2  A waiver by us of any default will not constitute a waiver of any subsequent default.

17.3  No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 14 above.

18. Severability

If any court or competent authority decides that any of the provisions of these terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permissible by law.

19. Entire Agreement

These terms 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 these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

20. Our Right to Vary These Terms

20.1 We have the right to revise and amend these terms from time to time.

20.2 You will be subject to the policies and terms in force at the time that you order the Toolkit from us, unless any change to those policies or these terms 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 those policies or these terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted such changes to the terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Toolkit).

21. Law and Jurisdiction

Contracts for the purchase of the Toolkit through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims arising out of or in connection with them) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English Courts.

22. Third Party Rights

A person who is not party to these terms or a Contract shall have no rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

23. Feedback

We may invite you to provide feedback on your purchase, by way of electronic and/or telephone surveys. Participation in such surveys is optional, and any data collected will be handled in accordance with our Privacy Policy. Each individual using the Toolkit consents to being contacted by us to request feedback.