Terms & Conditions of Sale
TERMS AND CONDITIONS OF SALE – NFU Mutual SafetyHub (NON-CONSUMER)
NFU Mutual Risk Management Services Limited (“RMS”), is a company registered in England and Wales. Company Number: 03350057 Registered Office: Tiddington Road, Stratford Upon Avon, Warwickshire CV37 7BJ VAT Number: 272 7826 32
Contact Information for Customer Support: 0800 132029
These Terms will apply to any contract between us for the sale of the Product (Contract). Please read these Terms carefully and make sure that you understand them, before ordering the Product from this site or an NFU Mutual agent. Please note that before placing an Order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order the Product.
You should print / retain a copy of these Terms (or save them to your computer) for future reference.
We amend these Terms from time to time as set out in clause 17. Every time you wish to renew your subscription for the Product, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Your attention is specifically drawn to clauses 1, 3, 11 and of these terms. Amongst other things, these clauses describe the purpose and limitations of the product. It also sets out the extent of our liability to you in respect of the product.
1. The product, eligibility and order process
1.1 The Product:
Product 1 - NFU Mutual SafetyHub for small farms enables farmers to take control of their health and safety online, in a simple, accessible and affordable way and follows a series of multiple choice questions. By regularly interacting with the system and working through the sub-modules, it will quickly help to assess safety critical risks and generate a series of personalised action plans showing practical steps farmers can take to minimise risks. The site is developed in bite size sections so farmers can complete the process in stages, and at times that suit them. It’s compatible across various browsers and platforms and provides a series of hints, tints, self-help guides, videos and illustrations. Further information on the product is available from NFUM Agents, RMS or by accessing the website via http://www.nfumutual.co.uk/farming/rms where an introduction video outlines the system.
Product 2 - NFU Mutual SafetyHub for RMS customers provides an area for their documents to be stored and accessed following face to face consultancy from and RMS Health & Safety Consultant. A range of articles and sector specific information will also help and support businesses in their health and safety duties. An electronic copy of the RMS Guidance manual is also accessible. Further information on the product is available from NFUM Agents, RMS or accessing the website via https://www.nfumutual.co.uk/business/risk-management/
1.2 Eligibility: The Product is available for purchase by Eligible Businesses located in the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands (‘Territory’).
1.3 You should not purchase the Product:
(a) if you are a consumer;
(b) if you are not an Eligible Business; or
(c) if you are not located within the Territory.
1.4 Pre-Validation Questionnaire: To establish whether your business is eligible for NFU Mutual SafetyHub for small farms (“an Eligible Business”), you will first need to complete a pre-validation questionnaire. The questionnaire can be found at www.nfumutualsafetyhub.co.uk or, if you are ordering the product via an NFU Mutual agent, this questionnaire will be made available to you by the agent. To assess whether you are an Eligible Business (and therefore whether our Product is suitable for you), it is important that you provide us with complete and accurate information in response to the questionnaire. Users of NFU Mutual Safety for RMS customers are not required to complete the validation questionnaire as they are appraised for suitability of products at the point of sale.
2. Order process and contract formation
2.1 If you are purchasing the Product online, the Site will guide you through the steps you need to take to place an order for the Product. This includes completion of the pre-validation questionnaire referred to in clause 1.4 above. If you are an Eligible Business, you will be able to pay for the Product online via our third party supplier’s website. Please note that your payment details will be held by our third party supplier and not by us. Before entering your payment details, we recommend that you refer to the third party supplier’s, which is available for download at www.barclaycard.co.uk/personal/privacy-policy.
2.2 If you do not wish to purchase the Product online, you can purchase the Product via an NFU Mutual agent. The NFU Mutual agent will guide you through the steps you need to take to place an order with us. This includes the manual completion of the pre-validation questionnaire referred to in clause 1.4 above where required.
2.3 After you place an order and have paid your subscription fee, you will receive an e-mail from us acknowledging and accepting your order. The confirmation email will contain a link to the Product on the Site and, once on the Site, you will be directed to set up an online account.
2.4 In each case, the Contract between us will only be formed once we receive your subscription payment and we have communicated by way of e-mail from our place of business the following: (i) our acknowledgement of receipt of that payment and /or (ii) an acknowledgement and acceptance of your order.
3. The Product
3.1 Purpose of the Product: Please note that:
(a) the Product is designed to:
(i) increase awareness of some of the health and safety risks and responsibilities that may be applicable to an Eligible Business;
(ii) provide practical advice to help alleviate the health and safety risks; and
(iii) provide practical advice to assist an Eligible Business to comply with its health and safety responsibilities that have been identified, applying industry guidance where appropriate;
(b) the Product is not intended to be a definitive list of an Eligible Business's legal and regulatory responsibilities and / or industry guidance and is not an exhaustive list of the health and safety risks applicable to an Eligible Business; and
(c) the Product is only an educational tool and guide which, if followed, can be used as an opportunity to review and improve the current working practices and measures within an Eligible Business with the aim of improving health and safety compliance and management of risks.
3.2 Customer's Responsibilities: It is solely the customer's responsibility to:
(i) use (and ensure that all employees use) the Product in accordance with the recommendations set out in clause 3.6;
(ii) to follow (and ensure that all employees follow) the Outputs and any other guidance generated by the Product; and
(iii) to implement any recommendations which have been generated by the Product.
(iv) to provide certain information about your business, and when prompted from time to time, update the said information. The information that you provide will be used to automatically generate information, guidance and a list of recommendations (the ‘Outputs’). It is your responsibility to ensure that the information that you provide is accurate and complete. Further, to ensure that the Outputs remain up to date and relevant to your business, you must notify us of any changes in circumstances. If you fail to provide complete and accurate information, or you fail to notify us of any change in circumstances, then the Outputs that are generated by the Product may not reflect the circumstances and responsibilities applicable to your business.
3.3 Changes in Circumstances: If the circumstances applicable to your business change at any time, such that the information you have given previously when first ordering and / or using the Product may no longer be complete or accurate and / or may now be misleading, then you must, as soon as reasonably practicable, update this information to ensure that the Outputs can be updated to accurately reflect the new circumstances applicable to your business. You can update this information by visiting the ‘My Account’ pages of the site.
3.4 In no circumstances will we be liable to you for any loss or damage that is suffered by you if and to the extent that such loss or damage arises as a result of your failure to comply with this clause 3.4.
3.5 Your Failure to provide information: In no circumstances will we be liable to you for any loss or damage that you have suffered as a result of or in connection with our Product where:
(d) you have provided incorrect, incomplete or misleading information in response to our pre-validation questionnaire and subsequently purchased our Product;
(e) you have failed to comply with your responsibilities set out in clause 3.2; and / or
(f) have failed to notify us of a change in circumstances in accordance with clause 3.3
3.6 Restrictions on Use: The Product and any Outputs generated by it from time to time must only be used by your business and / or its employees for internal business purposes. The Product and / or the contents of any Outputs must not be made available to any third party except:
(g) with our prior written consent;
(h) where you are required to do so by law or regulation.
3.7 Prompts and Reminders: We may email you from time to time to send, for example: reminders; seasonal notifications; details of changes to modules and sub-modules; and with information about our offers, services and training. You can change your contact preferences via the ‘My Account’ pages located on the Site.
4. Price of product
4.1 When purchasing the Product online, the price of the Product will be as quoted in UK pounds sterling on the Site at the time that an order is submitted. We take all reasonable care to ensure that the price of the Product is correct at the time when the relevant information was entered onto the system. However please see clause 4.5 for what happens if we discover an error in the price of the Product ordered.
4.2 When purchasing the Product via an NFU Mutual agent, the agent will notify you of the cost of the Product prior to your submitting your order with them.
4.3 RMS reserves the right to change prices published on the Site for the Product at any time, but changes will not affect any Order that has already been placed
4.4 The price of the Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
4.5 It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. If we discover an error in the price of the Product a customer has ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
5. How to pay
5.1 When purchasing the Product online, you can only pay for Products using a debit card or credit card. You will be directed to our third party service provider who will take your payment details.
5.2 When purchasing the Products via an NFU Mutual agent, you may pay for the Product by cash or cheque.
5.3 Payment for the Products is in full, in advance, unless we have agreed alternative payment terms with you in writing. Failure to make payment, in full, at the time of Order is a material breach of these Terms.
6. If there is a problem with the product
6.1 We will use reasonable endeavours to maintain the Product and to ensure that it is available for use. In the event that there is a problem with the Product and / or the Site we will use reasonable endeavours to rectify the problem as soon as reasonably practicable.
6.2 In order to maintain the Product, there may be times when we need to complete routine planned or emergency maintenance work and the Site may be unavailable for you to use during these times. We will use reasonable endeavours to keep such downtime to a minimum.
6.3 In the unlikely event that there is a problem with the Product or you are dissatisfied with it for any reason, you can contact us and let us know in accordance with clause 18.
6.4 In the event that the Site is unavailable for use for a period of 60 days or more, you may opt to cancel the contract, in which case, please contact us in accordance with clause 18.
7. Contract duration and renewal
7.1 We will supply the Product to you for a period of one (1) year from the start date of your contract with us.
7.2 Shortly before your contract with us is due to expire, we will contact you to ask whether you wish to renew your subscription to the Product. Please note that your subscription to the Product will not renew automatically. To renew your Product, you must follow the instructions that we will provide to you as part of our reminder(s).
7.3 Where you wish to renew your subscription for the Product please note that such renewal shall be deemed to be a new Contract and will be subject to terms and conditions applicable to the Product at the time of renewal.
8. Your rights to cancel the contract
8.1 You may cancel the Contract for the Product in the following circumstances:
(a) within 21 days following the Contract being formed between us (please refer to clause 2.4 for details of the contract commencement date);
(b) In accordance with clause 17 (Our Right to Vary the Terms);
(c) In accordance with clause 12 (Events Outside of our Control); or
(d) In accordance with clauses 6.4 (Site unavailable for 60 days) or 8.2 (material breach of these Terms).
8.2 Without limiting its other rights or remedies, either party (non-defaulting party) may terminate the Contract with immediate effect by giving written notice to the other party (the defaulting party) if the defaulting party commits a material breach of these Terms and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so.
8.3 To cancel the Contract, you must contact us in accordance with clause 18.
9. Our rights to cancel the contract
9.1 We may cancel the Contract for the Product in the following circumstances:
(a) In accordance with clause 8.2 (your material breach of these Terms);
(b) In accordance with clause 12 I (Events Outside of our Control);
(c) Where we do not receive payment for the Product from you in cleared funds and you fail to remedy the breach within seven (7) days of being requested to do so by us in writing;
(d) Violation of any applicable regulations, guidelines or laws;
(e) For any reason, by providing you with at least 30 days notice in writing.
10. Consequences of cancellation or expiry
10.1 In the event that the Contract is cancelled by a Party pursuant to clause 8 or 9, then:
(i) Provided you have paid in advance for the Product and we have received the Price in cleared funds, we will arrange a refund of the price of the Product on a pro rata basis to cover any cancelled period of your subscription (i.e. any period during which you were unable to access the Product due to such termination);
10.2 On cancellation or expiry of the Contract for any reason:
(a) Your access to the Product shall be terminated, but prior to cancellation or termination of the Contract, certain useable material will be available for you to download (in PDF format) or print for your own records provided that you must only use such materials in accordance with these Terms including (without limitation) clause 3.6 (Restrictions on Use);
(b) The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(c) Clauses which expressly or by implication survive termination shall continue in full force and effect.
11. Limitations on liability
11.1 The Product is designed to identify and help raise awareness of and to assist Eligible Businesses to comply with health and safety responsibilities. Although we make reasonable endeavours to ensure that the Outputs generated by the Product continue to be up to date and to provide useful information and practical recommendations, we make no representations, warranties or guarantees, whether express or implied, that:
(a) the Outputs are up-to-date;
(b) the Outputs represent a complete and exhaustive list of an Eligible Business's legal and regulatory responsibilities or industry guidance; or
(c) the guidance or recommendations are the most appropriate means of meeting health and safety responsibilities;
In all cases, Outputs are generated as guidance only. It is and will remain your responsibility to ensure that you are aware of and comply fully with any and all health and safety, legal, regulatory and other responsibilities that are applicable to your business. In no circumstances shall we be responsible or liable for any failure by you to comply with any legal, regulatory or other responsibility applicable to your business. Where you are uncertain, you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any Output of our Product. In these circumstances, we may also be able to provide you with face to face health and safety consultancy services. For more details, please visit our website at www.nfumutual.co.uk/rms, or you can contact a member of the RMS sales team on 0800 132029.
11.2 Limitations on guidance: please note that the outputs generated by the product are based on laws, regulation and industry guidance applicable in England and Wales only. whilst the laws, regulations and industry guidance applicable to eligible businesses located elsewhere in the territory may be similar to those applicable in England and Wales, if you are an eligible business located outside of England or Wales, then please be aware that there differences. If you are a business located outside of the territory, you should not purchase our product as it may not be suitable for you. For all eligible businesses using the product (whether located in England and Wales or elsewhere), we draw your attention to clauses 3 (purpose of the product) and 11.1 (no reliance on information) of these terms in any event.
11.3 We only supply the Products for internal use by your business, and you agree not to use the Service for any other purpose (including for resale purposes).
11.4 Nothing in these Terms limits or excludes our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
(iv) any other liability which cannot be limited or excluded by applicable law.
11.5 Subject to clause 11.4 , 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.
11.6 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this contract.
11.7 Subject to clause 11.4, 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 the price paid by you for the Product.
11.8 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Product. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product is suitable for your purposes.
12. Events outside our control
12.1 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 12.2.
12.2 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.
12.3 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.
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 consecutive days. To cancel please contact us in accordance with clause 18.
13. Use of our site
Your use of our site is governed by our ‘Terms of website use’ and ‘Acceptable Use Policy’. Please take the time to read these, as they include important terms which apply to you.
14. How we use your personal information
15. About you
15.1 You are not a consumer (as defined in Regulation 4 of The Consumer Contracts (Information, Cancellation and Additional Charges) regulations 2013). You represent and warrant that you have full authority to bind any business (including any affiliates) on whose behalf you use our Site to order the Product.
15.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or in the Contract.
16. Account Details
16.1 When you register to use the Product, you will be issued with or will be asked to choose a password. You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
17. Our right to vary these Terms
17.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
17.2 Each time you purchase an annual subscription for the Product, the Terms in force at the time of your order will apply to the Contract between you and us for the duration of your subscription.
17.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; or
(b) changes to the Product.
17.4 If we have to materially revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the material changes. You may cancel the Contract if we change these Terms to your material disadvantage, in which case, you must contact us in accordance with clause 18. If you opt to cancel in these circumstances, we will arrange a refund of the price on a pro rata basis to cover any cancelled period of your subscription.
18. Communications between us
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 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 sent by pre-paid first class post or other next working day delivery service or e-mail.
18.3 A notice or other communication shall be deemed to have been received: 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 e-mail, one Business Day after transmission.
18.4 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Other important terms
19.1 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.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us as business entities. 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.
19.4 Each of the paragraphs of these Terms 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.
19.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
19.6 Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.
19.7 This 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.
19.8 You and 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).