Crucial Safety Terms & Conditions

This document sets out the Terms and Conditions you agree to when using Crucial Safety’s website and learning management system, or otherwise working with us. If you are reading a non-English version of this document please be aware that the original version is in English and any questions about meanings will refer back to the English language version. This can be found by clicking on the English language flag at the top of the Crucial Safety website and then searching the links at the bottom of the webpage.

Crucial Safety is a trading name of IGHW Consultancy Ltd.

These Terms and Conditions (“terms”) apply to users of Crucial Safety’s website (“website”) and learning management system (“LMS”). The LMS is owned and operated by Learndash. They also apply to clients working with Crucial Safety on a bespoke basis. Where “us”, “we” and “our” appear in this document they refer to Crucial Safety.

You should read these terms with our Privacy Policy which sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

By using Crucial Safety’s website and / or by signing up to a course on Crucial Safety’s LMS and / or by otherwise working with us, you agree to be bound by and to comply with these Terms and Conditions, our Privacy Policy, our Pre-Training Statement as well as any additional terms laid out by Learndash. If you do not agree with these terms, our Privacy Policy, our Pre-Training Statement or any additional terms laid out by Learndash, you must not sign up to a course on the LMS. At the time of writing, Learndash’s privacy policy can be found at https://www.learndash.com/privacy-policy/    Alternatively, you can find this Learndash webpage by using a search engine. 

1. Terms of use for the website

• You agree to use the website and the LMS only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of, the website and the LMS.
• You may not impersonate another person on either the website or LMS.
• You may not probe, scan or test the vulnerability of the website or the LMS, nor breach the security or authentication measures on the website or the LMS.
• You may not interfere – by any automatic or manual device, program, algorithm or methodology – with the proper working of the website or LMS or any transaction being conducted on the website or LMS, or with any other person’s use of the website or LMS.

2. Terms of use – copyright and intellectual property

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) and all original content located on the website or LMS shall remain vested in Crucial Safety and the relevant copyright holders. Original content will be branded as Crucial Safety content and you must not use or otherwise pass on the original content outside the context of the course. In particular you must not pass on content to individuals or organisations who have not registered for and paid for the course.  

Unless otherwise specifically stated, you may not copy, reproduce, republish, disassemble, de-compile, download, post, broadcast, transmit, or make available to the public any Crucial Safety material, portion, file, content or information. You may not remove any trademark, copyright, or other notice displayed on Crucial Safety materials.

Failure to comply with this clause may result in legal action taken against you by Crucial Safety. 

3. Accuracy of content and information

The content of Crucial Safety training materials has been carefully checked to the extent possible. Prior to starting any course participants are expected to read the Crucial Safety pre-training statement, and all warranties, terms and conditions of satisfactory quality and fitness for purpose are excluded to the fullest permitted by law. In particular, Crucial Safety and its partners shall not be liable for any direct, indirect, consequential, or other damages, injuries (whether physical or psychological) or deaths suffered by a trainee or any third party resulting from the use of the content on the Crucial Safety website or LMS.

The Crucial Safety training material may be updated at any time to reflect new knowledge, educational improvements, to correct any formal or theoretical error that has come to light, or for any other reason.

Any link from either the website or the LMS is not intended to be, nor should be construed as, an endorsement of any kind by us. When we link to an external website we will try to use a sensible approach to make it clear that you are leaving the website or the LMS.

These terms apply only to Crucial Safety’s website and LMS, and not to other websites. Be sure to read the Terms of Use and Privacy Policy of other websites visited.

4. Refunds

DUE TO THE NATURE OF ONLINE TRAININGS, REFUNDS WILL NOT BE OFFERED FOLLOWING PURCHASE OF A COURSE.  PRIOR TO PURCHASE YOU SHOULD TAKE ONE OF THE FREE ONLINE TRAINING SESSIONS OFFERED ON THE WEBSITE TO CHECK YOUR CONNECTIVITY AND CONFIRM YOU CAN ACCESS THE TRAINING MATERIALS. FOR PAID-FOR COURSES YOU WILL ALSO NEED TO CONNECT TO AND USE ONLINE MEETING SOFTWARE SUCH AS ZOOM, MS TEAMS, WHATSAPP OR SIMILAR. YOU MUST ENSURE YOU CAN DO SO PRIOR TO PURCHASING A PAID-FOR COURSE.

You should carefully check the content and price of each training prior to purchase to ensure it is the correct training for you. If in doubt, please contact Crucial Safety to seek further information about the content and price of courses, and their suitability for your requirements.  

5. Service compliance and security

Although we try to design, programme and provide the best possible website and LMS, we do not guarantee that the website or LMS or any content, service or feature of the website or LMS will be error-free, uninterrupted, compliant with all hardware and software, or that any defects will be corrected, or that your use of the website or LMS will provide expected results. The website and LMS – and its content – are delivered on an “as-is” and “as-available” basis.

Some IT skills are necessary to use the website and LMS, and some equipment is required. In particular:

• You must use a reliable broadband internet service to access the contents of the LMS, in particular audio and video content (1+Mbps), and to take part in the interactive learning pod sessions. You should check whether your broadband internet service is sufficiently reliable to access training materials by taking the test session on the website. 
• You must have an audio speaker or headphones to listen to the audio and video and a microphone to take part in the interactive learning pod sessions. You will likely find that your computer and/ or mobile telephone has both a speaker and microphone you can use.
• You must have a modern web browser that complies with current web standards. 
• You must have a software suite properly installed and configured on your computer to process standard text, spreadsheet or presentation files.
• You must have Adobe Acrobat Reader installed to view additional download material.

IMPORTANT: Non-compliance with any of the above criteria could lead to the user experiencing technical problems that would not be the responsibility of Crucial Safety or Learndash.

In case of difficult connection conditions, you agree to indemnify both Crucial Safety and Leardash. Neither Crucial Safety nor Learndash can offer technical advice on how to resolve technical issues related to your personal digital and technical set up, whether it be related to computers, mobile phones or other devices you are using to access the website or LMS. Any technical advice must be sought locally by you. 

You accept that although we make efforts to develop the most secure website and LMS possible, we cannot guarantee that any files or data you download from the site will be free of viruses or contamination or destructive features. You must take appropriate steps to ensure that you regularly check for viruses when using the website or LMS on any device.

Likewise, it is your responsibility to both secure and remember your platform credentials (username and password) on the LMS.

6. User accounts

To access online training content on the LMS you are required to set up an account with Learndash.

You are entirely responsible for keeping your account information secure and confidential (including username and password) and for what occurs under your user account as a result of you failing to keep this information secure and confidential.

In particular, you should:

• as a minimum, use a 12-character password mixing small and uppercase letters, numbers, and symbols (if permitted).
• do not use a password you use on other websites
• always disconnect from/logout of the LMS when leaving your computer and/or device
• never transmit your credentials by email without encryption

By using Crucial Safety’s LMS:

• You acknowledge and agree to immediately notify Crucial Safety of any suspicious or unauthorised use of your user account. Use hello@crucial-safety.org or the contact form on the website. Please immediately change your password following unauthorised use. 
• You undertake not to share your log in details for the LMS with any other individual, or to allow any other individual to use your LMS account.
• You undertake not to share any course-related materials with any other individual who is not taking part in the course.
• You undertake not to use anyone else’s LMS account.
• You acknowledge that neither Crucial Safety nor Learndash are liable for any loss or damage arising from your failure to comply with these obligations.
• You accept the terms set out in the Crucial Safety Privacy Policy.

7. Expected behaviour during online training courses

Participants taking part in online trainings are expected to behave in a responsible and respectful way towards their fellow learners and the staff of Crucial Safety and Learndash. Participants are asked to respect the rules of the course, including the use of the Chatham House Rule*, and the avoidance of any kind of discrimination against, or bullying behaviour targeted at, fellow learners. 

*The Chatham House Rule is: participants are free to use the information received (during a training course), but must not reveal the identity or the affiliation of the speakers (i.e. who the speaker is or which organisation they work for), or the identity of any of the other participants in the course.

A simpler way of saying this is: you can’t say who was in your meeting, which organisations they were from, or who said what. But you are free to use what was said.

Complaints against individual participants should be sent to hello@crucial-safety.org laying out the cause of the complaint, who is making the complaint, a witness to the incident (where possible), and including any evidence. Discrimination or bullying during training courses, whether in-person or online, will not be tolerated and participants who are found to have participated in either of these will be asked to leave the course with no refund given. Their access to the learning management system will be revoked.

8. Force majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, diseases or pandemics; natural disasters; mechanical, electronic or communications failure or degradation; or other ‘acts of God’.

9. General liability terms

You agree to exclude to the fullest extent permissible by law all liability for damages, injuries, and deaths, and direct, indirect, or consequential loss or otherwise incurred by you or any third party arising out of, or in any way connected with, the use of the website, the LMS, or the content of either, or the content of any in-person training, consultancy or mentoring services provided.

You will defend, indemnify, and hold harmless us, our directors, employees, and agents from, and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms and Conditions.

Crucial Safety is not liable for any use that may be made of the information contained in the website, the LMS, or any information or advice linked to in-person training, consultancy or mentoring services.

10. Changes to these Terms and Conditions

Crucial Safety may revise and amend these terms from time to time. If we make changes to these Terms and Conditions, we will update them on our website, so please check the relevant web page regularly. Users and clients who use our services are bound by any changes to these terms after such changes have been posted on the website.

Signed: Ian Woodmansey

Date: 23 November 2020 (updated 25 November 2021)

Ian Woodmansey, Director, Crucial Safety