Welcome to the Rely on Fire Check Terms & Conditions of Service
These terms and conditions shall apply to the provision of Services by the Supplier to the Customer. In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by the Supplier in writing
Our contact details are as follows:
Trading Address:
Unit 10
Halegrove Court
Cygnet Drive
Stockton-on-Tees
TS18 3DB
Email Address:
enquiries@relyonfirecheck.com
Telephone Number:
0330 175 9550
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Customer” means any individual, firm or corporate body(which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Supplier;
“Commencement Date” means the commencement date for the service as agreed by both parties on acceptance of Fee Proposal;
“Credit Account” means the Customer’s credit account, detailing Services provided and sums owing to the Supplier;
“Credit Account Terms and Conditions” means the terms and conditions governing the Credit Account;
“Fees” means the fees payable by the Customer under Clause 4 in accordance with the Terms of Payment;
“Services” means the services to be provided by the Supplier to theCustomer as set out in the Fee Proposal;
“Supplier” means Rely on Fire Check Ltd;
“Terms of Payment” means the terms of payment of Fees as set out in the Fee Proposal.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and any Fee Proposal’s as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions;
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in theseTerms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2.1 With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment, provide the Services to the Customer.
2.2 The Supplier will use reasonable care and skill to perform the Services.
2.3 The Supplier shall use all reasonable endeavours to complete its obligations under these Terms and Conditions, but time will not be of the essence in the performance of these obligations.
3.1 The Customer may apply for a Credit Account with the Supplier which shall enable the Customer to pay for the Services after their provision to the Customer, subject to these Terms andConditions and to the Credit Account Terms and Conditions.
3.2 The Supplier shall assess the Customer’s eligibility for a Credit Account taking action including, but not limited to, obtaining reports from credit reference agencies.
3.3 The Customer may purchase goods from the Supplier prior to the setting up of a Credit Account, however no credit shall be extended to the Customer by the Supplier unless and until the Credit Account has been set up.
3.4 The Credit Account shall be subject to a credit limit which shall not be exceeded, subject to any express written agreement to the contrary from the Supplier.
3.5 The Supplier shall monitor and record the Customer’s use of the Credit Account and their payment performance. Any and all records kept may be made available to credit referencing agencies who may, in turn, share that information with other businesses for the assessment of credit applications and in the prevention of fraud.
4.1 The Customer agrees to pay the Fees in accordance with the Terms of Payment and the Credit Account Terms and Conditions.
4.2 In addition, the Supplier shall be entitled to recover from the Customer his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services.
4.3 The Customer will pay theSupplier for any additional services provided by the Supplier that are not specified in the Fee Proposal in accordance with the Supplier's then current, applicable daily rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for expenses.
4.4 All sums payable by either Party pursuant to these Terms and Conditions are exclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that Party shall be additionally liable.
5.1 Payment shall be made in accordance with these Terms and Conditions and with the Credit Account Terms and Conditions (where relevant).
5.2 Unless otherwise stated in the Terms and Conditions, payment will be made within thirty (30) days on receipt of the invoice, for works completed. Payment shall be into the bank account mentioned in the invoice.
5.3 The time of payment shall be of the essence. If the Customer fails to make any payment on the due date then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 8% and the base rate of the Bank of England from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
5.4 If at any time the Supplier is not satisfied as to the credit worthiness of the Customer it may give notice in writing to the Customer that no further credit will be allowed to the Customer in which event no further Services shall be provided to the Customer other than against proforma payment and notwithstanding Sub-Clauses 5.2 and 5.3 of these Terms and Conditions, all amounts owing by the Customer to the Supplier shall be payable immediately.
6.1 If the Customer wishes to vary any details of the Fee Proposal, they must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Customer.
6.2 In the event that the Services have been expressly instructed by the Customer, it is understood that work will proceed to completion and charged for in full unless hindered by circumstances beyond the Supplier’s control or unless explicitly stated and agreed otherwise.
6.3 If, due to circumstances beyond the Supplier’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Customer immediately. The Supplier shall endeavour to keep such changes to a minimum and shall seek to offer the Customer arrangements as close to the original as is reasonably possible in the circumstances.
7.1 The Supplier may terminate the agreement immediately if:
7.1.1 the Customer is in breach of any of his obligations hereunder;
7.1.2 the Customer has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of his undertakings or assets;
7.1.3 the Customer has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986;
7.1.4 the Customer ceases or threatens to cease to carry on business; or
7.1.5 any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination of the service through no fault of the Supplier) arise that necessitate for whatever reason the termination of the provision of services.
7.2 In the event of termination under sub-Clause 7.1 the Supplier shall retain any sums already paid to it by the Customer without prejudice to any other rights the Supplier may have whether at law or otherwise.
8.1 Either Party may sub-contract the performance of any of its obligations under these Terms and Conditions without the prior written consent of the other Party. Where either Party sub-contracts the performance of any of its obligations under these Terms and Conditions to any person with the prior consent of the other Party, that Party shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of the Party itself.
9.1 Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s servants or agents or otherwise) in connection with the performance of its obligations under these Terms and Conditions or with the use by the Customer of the Services supplied.
9.2 The Customer shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or his agents or employees.
9.3 The Supplier shall not be liable to the Customer or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations if the delay or failure was due to any cause beyond the Supplier's reasonable control.
10.1 Neither the Customer nor the Supplier shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
11.1 No waiver by the Supplier of any breach of these Terms and Conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions shall be effective only if given in writing and signed by the waiving Party and then only in the instance and for the purpose for which the waiver is given.
11.2 No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
12.1 The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.1 The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in. connection with, the provision of the Services or facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
14.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
14.2 Notices shall be deemed to have been duly given:
14.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
14.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
14.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
14.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
14.3 Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
15.1 These Terms and Conditions(including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
Welcome to the Rely on Fire Check Terms of Training.
These terms will apply to any contract between us for the sale of places of training courses to you (Contract). Please read these Terms of Training carefully and make sure that you understand them, before booking and paying for any training courses from our website. Please note that before booking a place on any training course you will be asked to agree to these Terms of Training. If you refuse to accept these Terms of Training, you will not be able to make any bookings for places on any training courses through our website.
If you are booking places on behalf of a corporation, partnership or other legal entity, and you disclose this to us in the booking process, our Contract under these Terms of Training will be with the organisation you are representing (but you will be personally warranting your authority to bind your organisation to the Contract in accordance with clause 2.1 and that you are duly authorised in accordance with clause 1.1). Except as aforesaid, references to ‘you’ in this Part 3 below are references to the contracting party.
You should print a copy of these Terms of Training or save them to your computer for future reference. We amend these Terms of Training from time to time as set out in clause 3 below. Every time you wish to book onto a training course, please check these Terms of Training to ensure you understand the terms which will apply at that time.
Training is provided by Rely on Fire Check Ltd, a company registered in England & Wales with company number 07672208. Our VAT number is 119 9123 09.
Our contact details are as follows:
Trading Address:
Unit 10
Halegrove Court
Cygnet Drive
Stockton-on-Tees
TS18 3DB
Email Address:
enquiries@relyonfirecheck.com
Telephone Number:
0330 175 9550
1.1 If you are not a sole trader acting on your own behalf, you confirm that you have authority to bind any corporation or other employer or business on whose behalf you use our website to book places on our training courses.
1.2 These Terms of Training contain the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
1.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty not set out in these Terms of Training or in the relevant training descriptions published on our website.
2.1 The contract between you and us for the terms of training is established upon your acceptance of our proposal or agreement, and it encompasses the mutually agreed-upon terms, conditions, and obligations outlined therein
2.2 After you complete a booking on a training course, you will receive an e-mail from us acknowledging that we have received and registered your booking on the selected course.
2.3 Please note that you do not have the right to cancel a booking which has been acknowledged except as specifically set out in these Terms of Training.
3.1 We amend these Terms of Training from time to time. Every time you book a place on a training course with us, the Terms of Training in force at the time of your order will apply to the Contract between you and us.
3.2 We may revise these Terms of Training from time to time to reflect changes in relevant laws and regulatory requirements.
3.3 If we have to revise these Terms of Training as they apply to your booking, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected training courses you are booked on. If you opt to cancel, we will arrange a full refund of the price you have paid for any forthcoming training courses you were booked on.
4.1 The prices of the training courses will be as quoted on our website at the time you submit your order. We use our best efforts to ensure that the prices of the courses are correct at the time when the relevant information was entered onto the system. If we discover an error in the price of listed training courses that you have booked a place, or places on, we will contact you to inform you of this error and we will give you the option of continuing with your booking at the correct price or cancelling your booking. If we are unable to contact you using the contact details you provided during the order process, we will treat the booking as cancelled and refund any amounts paid. Please note we do not have to honour any bookings placed on a course if the incorrect price was paid for it.
4.2 Prices for our courses may change from time to time, but changes will not affect any courses you have already booked and paid for.
4.3 The price of a course includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for your place in full before the change in VAT takes effect.
5.1 All bookings for our training courses are handled via our online booking form.
5.2 A single place on a training course is referred to as a ‘seat’. Each course has a maximum number of 12 seats (unless otherwise stated). A seat relates to a single reservation for a delegate on a training course. Each reserved seat must be paid for in full prior to the delegate attending the course.
5.3 Payment for each training course is taken by the training centre that is hosting the course. To book a seat on a course, a purchase order must be received by the venue hosting the course. You can upload your purchase order to your booking via the online registration process.
5.4 We reserve the right to refuse entry to a training course to any delegate that:
(a) has not provided us with a valid purchase
(b) has an “on hold” credit account
(c) has not paid for their place on a training course in full
5.5 In the event that a delegate is accepted onto a training course and payment has not been made in full, we reserve the right to either cancel the delegate’s seat on the course or take action to collect the payment required for their seat on the course.
5.6 For some courses, the ability to pay via our website via credit or debit card will be available.
5.7 It is the responsibility of the delegate to ensure that the course that the delegate has been booked on is suitable and relevant to the needs of the delegate. We cannot be held responsible for any errors made during the booking process.
6.1 A delegate may transfer their booking from one course to another course up to 20 working days prior to the start of the booked course. Delegates may transfer only once for each original course booking. To transfer, please contact us directly via email at enquiries@relyonfirecheck.com
6.2 Changes to the delegate(s) already registered on a training course will not occur any additional fees and should be emailed to us at enquiries@relyonfirecheck.com along with the course title, date and details of the change.
6.3 Requests for cancellations must be made no later than 20 working days before the start of the relevant training course. To request a cancellation, please contact us directly via email at enquiries@relyonfirecheck.com including the course title, course date, name of delegate, booking code and reason for the cancellation request.
6.4 Bookings that are cancelled by a delegate may be viable for a full refund if the request for booking meets the criteria as defined in Clause 6.3. Refunds are made at the discretion of the Rely on Fire Check.
6.5 We reserve the right to postpone or cancel a training course at any time.
6.6 If a training course is cancelled by us, we will inform all registered delegates on the course as soon as possible. Upon the cancellation of a course, we will offer to each delegate a full refund for the cost of the course or alternative dates for the course.
6.7 We will not be held liable for any expenses, either direct or indirect, or for loss of time, earnings or business, incurred as a result of a postponed or cancelled course.
6.8 If a delegate fails to arrive for the course they are registered on without any prior notification to the provider, no transfer or refund will be available after the course has been delivered.
6.9 Each course has a minimum requirement of six registered delegates prior to delivery. It is at the discretion of Rely on Fire Check whether to cancel the delivery of a course if this minimum attendance has not been reached. If a course is cancelled, you will be notified at least 5 working days prior to the scheduled date of the course where transfer or refund options will be offered to all registered delegates.
Nothing in these Terms of Training limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
7.2 Subject to clause 7.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
7.3 Subject to clause 7.1 our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 (or the contract price, if lower).
8.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
8.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, contact us via email at If u opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
9.1 When we refer, in these Terms of Training, to “in writing”, this will include email.
9.2 The following rules apply to communications between us:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one Business Day after transmission.
(c) 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.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Training.
10.2 You may only transfer your rights or your obligations under these Terms of Training to another person if we agree in writing.
10.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.4 Each of the paragraphs of these terms of Training operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.5 If we fail to insist that your perform any of your obligations under these Terms of Training, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims), save that we shall be entitled to commence and prosecute legal proceedings against you in the courts of any jurisdiction.
Welcome to the Rely on Fire Check website terms and conditions for use.
These terms and conditions apply to the use of the website at https://www.relyonfirecheck.com/ & https://www.app.relyonfirecheck.com/
By accessing this website and/or placing an order via this website, you agree to be bound by these terms & conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The https://www.relyonfirecheck.com/ & https://www.app.relyonfirecheck.com/ websites are operated by Rely on Fire Check Ltd, a company registered in England & Wales with company number 07672208. Our VAT number is 119 9123 09.
Our contact details are as follows:
Trading Address:
Unit 10
Halegrove Court
Cygnet Drive
Stockton-on-Tees
TS18 3DB
Email Address:
enquiries@relyonfirecheck.com
Telephone Number:
0330 175 9550
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 You can pay for goods from our online shop using a debit card or credit card. We accept most major debit and credit cards.
2.5 Payment for the goods and applicable delivery charges is in advance.
2.6 Payment for the goods shall be made at the time you make your order unless where you request to pay via proforma invoice. In the event proforma invoice is requested and subsequently issued, we will not dispatch your goods unless payments has been made and received in full.
3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 All prices are displayed in GBP (UK Pounds), when payments are made and your card will be charged the GBP prices shown.
4.1 If you wish to cancel your order:
(a) you can notify us by email to enquiries@relyonfirecheck.com before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt together with original packaging in a saleable condition for a full refund or exchange. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances:
(a) in the event that the product has been used.
(b) in the case of digital, software, audio or visual products, or where the packaging has been unsealed.
(c) to any products that we have made or customised specifically for you.
The provisions of this clause 4.4 do not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trademark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors.For the purposes of these terms and conditions, any use of extracts from thisWebsite other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the homepage of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Rely on Fire Check logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any relyonfirecheck.com trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with relyonfirecheck.com you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at anytime without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for:
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
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