The Construction Helpline Terms & Conditions will now be referred to as Terms and Conditions (“Terms”).
CONSTRUCTION HELPLINE IS THE TRADING NAME OF CONSTRUCTION HELPLINE LIMITED
Company No. 07445228 (Registered in England & Wales) Construction Helpline Ltd. is a leading company which assists individuals and companies to get the CSCS (Construction Skills Certification Scheme) Card as well as booking candidates for their Health Safety & Environmental course and test Construction NVQs.
DEFINITIONS
This website <a) is owned and operated by Construction Helpline Limited. The terms “Construction Helpline”, “we”, “us”, “our” and “ours” when used in these Terms and Conditions means Construction Helpline Limited. The terms “you”, “your” and “yours” when used in these Terms and Conditions means any user of this website and means any user of this website who wishes to purchase a product or service from the website or by phone. If you are acting on behalf of a business, you confirm that you have authority from that business authorizing you to use their credit card and purchase from our website. The term “Consumer” is used to denote any user of this website who purchases a product not during the business. Gender words importing one gender include all other genders, words importing the singular include the plural and vice versa and any reference to a person include a reference to a company authority board department or other body.
AGREEMENT
Access to and use of the website and the information, materials, and services available through the website is subject to all applicable laws and regulations and these Terms and Conditions. These terms and conditions shall be binding on any individual or company, business or partnership that purchases goods or services or makes bookings with Construction Helpline on any of its websites or by telephone. By accessing the website, you agree to these Terms and Conditions, which form a legally binding agreement. If you do not agree, please exit the website. These terms apply to authorized users of our website. We reserve the right to revise or amend Construction Helpline’s terms at any time. New Terms will apply only to sales and contracts after the new rules come into effect. The Terms on our website at the time you place your order will be the Terms which apply to you. We do not sell products or services to persons under the age of 16. If you are under the age of 16, you may only purchase products or services on our website with authority given by either a parent or guardian. These Terms and Conditions may be changed by us from time to time without specific notice to you. The latest Terms and Conditions will be posted on the website, and you should always review these Terms and Conditions before using the website to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access the website. If you cannot access the Terms and Conditions via the Internet, we can provide a copy of the most recent Terms and Conditions by e-mail upon request at query@constructionhelpline.com Access to the website (or portions thereof) and the use of information, materials, products, or services provided through this website (or portions thereof), is not intended and is prohibited, where such access or use violates applicable laws or regulations. These Terms and Conditions are effective from 6th March 2012 until further notice
SERVICES AND INFORMATION
Every order that you place on the website and via telephone will be subject to acceptance following these Terms. By agreeing to the Terms and Conditions on live chat you are permitting Construction Helpline to contact you and send you various offers on your email which they release on a timely basis related to their products like a test, card, course etc. All purchases/orders made by telephone or online are subject to following both general & specific conditions
YOUR ORDER
Every order that you place on the website will be subject to acceptance following these Terms. All purchases/orders made by telephone or online are subject to following both general & specific conditions. The receipt of payments by us shall constitute full acceptance of all terms & conditions as detailed here, on the part of the payer. We do not accept liability if payment is refused or declined by the credit/debit card supplier (due to the customer quoting incorrect card details or for any other reasons). We do not guarantee the date upon which service will be provided, a test to be taken or product to be delivered as this may be subject to change. In some cases, this will be affected by third-party services, our delivery partner’s efficiency. In this agreement, you explicitly acknowledge and fully accept that your order pertains to and is exclusively for, the provision of a product or service i.e. the arrangement of a ‘test’, the processing of a ‘card application’ or the supply of ordered revision materials and or other products or services similarly, but that your order is NOT for a date and time when such products or services may take place or be delivered. Once an order has been placed or paid for, you shall not have the right of cancellation to obtain a refund due to the specific reasons like delay in receipt of any of the services or products ordered or variation to your preferred choices for their receipt of any of the products or services ordered, nor for any other reason for that matter. Should you choose to cancel a paid-for order you will forfeit any monies paid in that regard. Furthermore, under the terms of this agreement, you explicitly accept that you will not be entitled to and will not receive any refund through such order cancellation. Your order and payment for one or more CSCS cards are valid for 90 days from the date of payment. You must present a correctly and fully completed CSCS card application form with all requisite application supporting documents to us before the expiry of these 12 weeks. Once 90 days have passed since you paid for a CSCS card without presentation to us of a fully completed CSCS application form with requisite application supporting documents, the right to obtain our service in processing a CSCS card application will be expired and we will not provide the service without receiving further complete payment of the service fees applies. Under the terms of this agreement, you explicitly accept that you will not be entitled to a refund of any kind in this matter and that all payments already made in this regard are accepted as forfeited. You are responsible for attending the test centre on the correct date at the correct time.
We accept orders by two ways:
Telephone Booking
You may call us on us helpline number and place your order with our sales executive. Phone bookings for test dates will be confirmed and placed immediately for the dates chosen by you. Any information provided by our agents over the phone will be purely objective to allow you to make the best possible choice dependent on your circumstance. All advice and services would be based on the information you would provide to our agents. Every effort must be taken on your part to ensure you provide as much relevant information as possible to enable us to provide you with the correct information and accurate test bookings. Any wrong bookings placed over the phone due to the provision of misleading information to our agents will not be refunded or cancelled. In an event of an agent is at fault, the order will be rebooked at no additional cost. Before making payment, you will be asked to indicate agreement to our Terms. An auto-generated invoice confirming your order details will be emailed to you at the email address you provide.
Online booking
You can make an online booking by choosing the product or service you wish to purchase via the website and by the website terms. Payment via this on-line booking service by you will be considered that you accept the website terms as set out herein. Before you pay for the product it is mandatory to fill in the details in the booking form. Once you have completed the booking form and provided valid details you will be able to proceed further to make payment in full. Before making payment, you will be asked to indicate agreement to our Terms. An auto-generated invoice confirming your order details will be emailed to you at the email address you provide.
The date and time are chosen by are subject to availability
Where the desired date is unavailable no refund is given but we will offer you an alternative date and time available within the same test centre or different test centre as per your specific needs. Bookings placed online before 7 pm Mon-Fri & 4 pm Sat will be confirmed on the same day. Any bookings placed on Sunday will be confirmed on Monday. Please inform us immediately if there are any errors in your order. We reserve the right to cancel any order and/or refuse access to the website. Completion of the contract will also not take place where we have notified you that we cannot accept your order.
CITB Tests
The CSCS card and CITB test fee are non-refundable under any circumstances
Any bookings placed online after 7 pm Mon-Fri & 4 pm Sat will be confirmed the following working day. Any bookings placed on Sunday will be confirmed on Monday. You are responsible for attending the test on the correct date at the correct time. Test bookings are made on a live system, and on a first come first serve basis. Once your test is booked, it cannot be cancelled unless requested 4 working days before the actual test date. In case of online booking, the date and time chosen by you online are not guaranteed as they are subject to availability. A booking is only confirmed once you receive an email confirmation. Before this, the test times can be subject to change. You must have a valid form of photo ID (valid passport/driving license). In case you do not have a valid form, it is mandatory to carry correctly filled wavier form at the test centre. It is your responsibility to make us aware if you do not have a valid form of ID so that a waiver form can be sent to you. Total fee for test: £42.00 Special Offers-Free Test, Card Offers and Course Offers Refund Policy. Once your test is booked and you have received a booking confirmation email, any other product within the offer (such as the course or the card) is non-refundable.
Waiver Form
The waiver form can be obtained by calling our Customer Services team on 02071999800. It is your responsibility to get the form from us via email and to fill it out correctly. Please ensure that your form is duly signed by your sponsor or doctor and they must clearly state “who they are? Also, your form must include a recent photograph and it must be signed by you and your sponsor. It is your responsibility to read the form and fill it out correctly and ensure you take it along to the test centre with you. This form is valid for one test only. Click Here to Download Waiver Form.
Rescheduling Policy
If you wish to reschedule the test you booked with us, you must contact us by email: query@constructionhelpline.com or by calling us on 0207 199 9800, providing us with the First Name, Surname and Invoice number. You must inform us at least 72 Hours before your test. If you fail to contact us as set out above, your fees will not be refunded.
Retake tests
- The retake option is permitted only if you take the original test.
- The retake option is valid only for 60 days after you have taken the first test of your original booking.
- The normal fee for a retake is £11.99 if you book it at the time of the original test, or else it would £42.00.
- If you pass in the original test then, your retake fees would not be refunded.
- The fee amount is non-transferable for any other test.
- You cannot buy the retake alone. If you fail a test and have not originally opted for the retake
- along with your test, you are required to pay the normal fee for the test.
Following are the terms and conditions
- The full CSCS card fee is never refundable as we charge a £24 administrative fee.
- The full Skill card fee is never refundable as we charge a £24.99 administrative fee.
- The part-refund of £36 can only be done for the card if the card has not already been submitted to the relevant body to be issued.
- Should any other circumstances arise, it will be to the discretion of the manager as to the
- Decision made with regards to a refund.
- CSCS card is valid for 5 years: however, trainee cards may be valid for one or 3 years.
- Any bookings placed online after 7 pm Mon-Fri & 4 pm Sat will be confirmed the following working day. Any bookings placed on Sunday will be confirmed on Monday.
- The card usually takes 35-40 working days to be issued after the delegate passing the test.
- However, there can be an unexpected delay from time to time and it can take between 35-60 working days.
Construction Courses
- Bookings are only confirmed upon you receiving a confirmation email. Before this, they can be subject to change.
- It can take a few days for the joining instructions to be released but should be with you 1 week before the course commences.
- You must take a valid form of ID and your NI number to the course.
- In case of online booking, customers may go through the course at any point of time. But, for course assessment, customer needs to contact us on our main lines.
Cancellation policy for Courses
The customer is required to give the company notice if they want to cancel the services. The following charges shall be payable by the customer to the company about that part of the Services to be cancelled or amended, where the customer gives notice of cancellation or amendments of the Services within the timeframes given below:
- 29 days or more no cancellation fee
- 22-28 days or more before the commencement of the Services-25% of the fees due:
- Or 15-21 days before commencement of the Services-50% of the fees due:
- Or 8-14 days before commencement of the Services-75% of the fees due:
- or 0-7 days before commencement of the Services- 100% of the fees due.
NVQ’s
- At the time of booking, you must make an advance deposit of minimum 60% of the NVQ course cost.
- Course registration will be done.
- The assessor will be in contact.
- The assessor will analyse whether you are experienced enough to undergo training for the NVQ.
- If assessor denies then customer will get refund after deduction of NVQ registration cost + 25% of admin fee.
- A duly signed declaration is mandatory (I have agreed to the terms and conditions.)
- Once the declaration is signed the remainder of the monies for the total NVQ will be due.
- Should you fail to complete the NVQ, no monies will be refunded.
- If any customer agrees to pay the NVQ cost in instalments and at any point of time changes decision then there will be a deduction of registration cost + 25% of admin fee whichever is applicable or both.
The CSCS card and test fee are non-refundable under any circumstances.
Test bookings are made on a live system: therefore, they are subject to availability and on a first come first served basis and reservation or place holding cannot be made either online or by phone. Bookings will only be made and confirmed upon confirmation of payment. Any bookings placed online after 7 pm Mon-Fri & 4 pm Sat will be confirmed the following working day. Any bookings placed on Sunday will be confirmed on Monday. During the conversation, our sales executive will take your details about the exam for which you want to appear, the preferred exam is taken date, associate trade to that exam, qualification you have so far achieved, membership of any construction body (if relevant), CSCS card for which you want to apply and any necessary personal details (please see the website’s privacy policy) which will include the date of birth, National Insurance Number, address, telephone number and email address. You will be asked to provide your debit/credit card details to complete the payment over the phone. Once the payment is received and the order can be confirmed it is transferred to our back-office coordinator who checks the availability of the exam date and will book the test on behalf of that customer if that date is available. A confirmation letter/email will be sent to you to confirm the scheduled exam date, time, and location. If your preferred date is not available another date will be offered to you. Please note that we do not take responsibility if you do not receive any confirmation email as it is your responsibility to provide the correct email address. We will not send a test booking confirmation by post unless specifically requested by you because you do not have a current email address. We do not take responsibility if you do not receive a postal test booking confirmation. We do not take responsibility if the preferred date or time for your test is not available but where we can provide you with the next available date/ time at your preferred test centre we will endeavour to do so.
Once your test is booked, it cannot be cancelled and can only be rescheduled if requested 72 Hours before the exam.
We only process the card application on your behalf. We do not issue any cards. We cannot guarantee that you will get the card as that is subject to the sole authority of the Construction Skills Certification Scheme to accept or reject a customer’s application. If you are not awarded a card no fee will be refunded.
Online and Telephone Bookings – check telephone references
You can make an online booking by choosing the product or service you wish to purchase via this website and per the website terms. Payment via this on-line booking service by you will be considered that you accept the website terms as set out herein. Before you pay for the product it is mandatory to fill in the details in the booking form. Once you have completed the booking form and provided valid details you will be able to proceed further to make payment in full. Before making payment, you will be asked to indicate agreement to our Terms. An auto-generated invoice confirming your order details will be emailed to you at the email address you provide.
The date and time chosen by you online are not guaranteed and is only subject to availability.
Where the desired date is unavailable no refund is given but we will offer you an alternative date and time available within the same test centre or different test centre as per your specific needs.
Bookings placed online before 7 pm Mon-Fri & 4 pm Sat will be confirmed on the same day. Any bookings placed on Sunday will be confirmed on Monday. Please inform us immediately if there are any errors in your order. We reserve the right to cancel any order and/or refuse access to the website. Completion of the contract will also not take place where we have notified you that we cannot accept your order.
PAYMENT
Our prices for revision materials include postage, packaging, and handling charges. A price remains valid only for the day of your visit to Construction Helpline website or the day on which you call our call centre. Construction Helpline charges a fee for its service, where we make test bookings on behalf of customers. This is made up of the single fee that we charge you, the booking fee plus our admin fee for processing the booking.
For H S & E Test + Retake Order:
Test Fee: £53.99
Admin Fee: Above cost includes admin fee
Our fee applicable from time to time is set out in our website and if you are not aware of our fee before booking or confirming your booking you should check our website, speak to one of our operatives or email us in advance of the booking being confirmed. Once the booking has been confirmed you will be legally bound to pay our fee. The price that you pay for the product will be the price that is displayed on the website at the “confirmed purchase” stage. Note that the price for an item may change from when you first placed it in the shopping basket. Placing an item in your basket does not reserve the price shown at that time. We cannot confirm the price of a product until you have placed the order and reached the “confirmed purchase” stage. Any discounts we offer are time-limited and are dependent on product availability. Accordingly, the price of such products may change from time to time. Construction Helpline accepts payment by credit/debit cards, bank transfers. We require full cleared payment before we book any test or dispatch any products to you. We will take payment from your credit card at the “confirmed purchase” stage. If we are unable to supply the product that you have ordered, we will contact you by telephone [and/or e-mail] to offer you either a full refund or a substitute product. If we do not receive a response from you within 24 hours of our first attempt to contact you, we will refund the total amount we deducted from your credit card. We will endeavour to ensure that all prices on our website are accurate. However, errors may occur. If an error is found in the price of the product you have ordered, we will contact you as soon as possible. If a product’s correct price is lower than the price stated on our website, we will charge the lower amount to your credit card and send the product to you. If a product’s correct price is higher than our stated price, then we will give you the option of either continuing with your purchase at the correct price or cancelling the order affected by the error. We will deem the order cancelled if we do not receive a response from you within 24 hours of our first attempt to contact you. In such a case, we will refund the total amount we deducted from your credit card. All prices displayed on the website include VAT (where applicable) at the applicable current rates but exclude any applicable delivery charges.
Refunds and replacements
Any statutory rights which you may have as a consumer are not affected by these terms. You have the following additional rights: You have a right to cancel a booked test. If you wish to cancel your test, you need to contact us by calling us or writing on the email below:
query@constructionhelpline.com
If at the time you contact us, we have not yet booked your test, you will get a full refund. However, if you contact us after booking confirmation was sent to you (by email or text message), you will not be entitled to cancel, and a refund may be given at management’s discretion. Our CSCS card application assistance service is not refundable but in exceptional circumstances, management may give a refund at its discretion to customers. The person taking a test (“the Candidate”) is however responsible for attending the test centre and taking the test. Construction Help Line is not responsible if the Candidate does not arrive at the test on time; if the Candidate forgets to take a valid proof of his ID to the test if the Candidate fails the test; if the Candidate chooses to do the wrong type of test; if the Candidate makes any other form of error about the test or any related matters.
Rescheduling Policy
If you wish to reschedule the test you booked with us, you must contact us by email: query@constructionhelpline.com or by calling us on +44 (0) 207 199 9800, providing us with the First Name, Surname and Invoice number. You must inform us at least 72 Hours before your test. If you fail to contact us as set out above, you will be obliged to pay the full charge including any booking fee or admin fee.
Books and CD Rom Delivery
Your ordered products will be dispatched same or next working day after receiving cleared payment. We will dispatch to the address that was provided in the ordering form on our website. Books or CD- ROMs will be delivered by 1st Class Royal Mail delivery, and subject to the Royal Mail delivery service will normally be delivered within 3 working days after we have posted your order. We do not take any responsibility if you order incorrect product(s) from us or provide us with incorrect address information.
Return Policy
You have a right to return any book or CD-ROM purchased on our website as well as to ask for a full refund of the price paid to us, providing you do so within 7 working days after the date of receipt of the goods. Note: 7 working day starts on the day we receive your payment. Books or CD-ROMs must be sent to the following address:
Construction Helpline
Construction Helpline Unit 1
11 Batsworth Road,
Mitcham, London, CR4 3BX,
UNITED KINGDOM
We reserve the right to refuse to refund the product price or deduct an appropriate amount from a payment to be refunded if:
- The product returned has been damaged or used.
- If any parts of the training product are missing.
- If the product was used or has any signs that it has been used.
- If CD-ROM has been opened.
- If the product has been returned or sent back after the 7 working day refund period
OWNERSHIP
Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters (“proprietary rights”) related to this Website are protected under applicable copyrights, trademarks and another proprietary (including, but not limited to, intellectual property) rights and are the property of Construction Helpline or the material is included with the permission of the rights owner and is protected under copyright and trademark laws.
ALL RIGHTS RESERVED
You do not acquire ownership rights to any such proprietary rights viewed through this website. Except as otherwise provided herein, none of these proprietary rights may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Construction Help Line Unit 1, 11 Batsworth Road, Mitcham, London, CR4 3BX, UNITED KINGDOM
Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials and/or services available on it to display, download, archive and print in hard copy, portions of this website for personal use only, provided you do not modify the materials and that you retain any copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded, archived, or printed materials.
TRADEMARKS
The Construction Helpline name and its logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are trademarks (whether registered or unregistered) of Construction Helpline (the “Marks”). All other trademarks, product names, company names, logos and trademarks mentioned, displayed, cited, or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. The CSCS and Construction Skills Certification Scheme are the trademarks of the Construction Skills Certification Scheme Ltd. Construction Help Line is not affiliated/associated with any official body within the construction industry. Construction Help Line does not issue the Health Safety & Environmental Test Certificates or CSCS cards. We provide a booking service by making bookings on your behalf to the issuing authorities and bodies and charge a fee for our service. If you require any further information on the CSCS Scheme please visit www.cscs.uk.com The CSCS and Construction Skills Certification Scheme are the trademarks of the Construction Skills Certification Scheme Ltd.
INTELLECTUAL PROPERTY RIGHTS
We are the owner, or the licensee of all intellectual property rights displayed on our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy and may download extracts, of any page(s) from our site for your reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made or hold.
HYPERLINK DISCLAIMER
This website may contain links to websites maintained by unrelated companies and persons. A link to another website does not mean that Construction Helpline approves, endorses, or accepts any responsibility for that website, it’s content or use, or the use of products and services made available through such website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. Such websites are not investigated, monitored, or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
LINKS FROM OTHER WEBSITES
Any link to this Website without our written permission is prohibited. Notwithstanding authorisation to link to this Website, linking to any page other than the initial start page of Construction Helpline is prohibited. Persons providing access to this website via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning entity. Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason. Anyone who provides access to or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
DATA PROTECTION CONSENT
By agreeing to these terms, you agree to the terms of our privacy policy Any communication or material you post or transmit to us over the Internet is and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.
Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail, or any other form of transmission for quality control, security, and other business needs. Notwithstanding the foregoing, all personal data provided to us as a result of this website will be handled following our Privacy Policy.
NO WARRANTIES
We make no representations or warranties concerning the website or its contents, which are provided for use as is. We disclaim all warranties, express or implied, including without limitation the implied warranties of title, non- infringement, merchantability, quality, and fitness for a particular purpose, concerning this website and any website with which is linked. We also make no representations or warranties as to whether the information accessible via the website, or any website with which is linked, is accurate, complete, or current. You accept that our owners, officers, directors, employees and other representatives’ officers, directors, employees, and other representatives shall have the benefit of this clause. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
EXCLUSION OF LIABILITY ABOUT SALES FROM THE WEBSITE
To the extent permitted by applicable law, in no event will we be liable for any damages arising from or relating to any product purchased from the website or the use of or inability to use any such product including, but not limited to any loss of use, lost profits, loss or damage to goodwill or business nor for any consequential, indirect, exemplary, special, or incidental damages whether such damages were reasonably foreseeable or actually foreseen and even if we have been advised of the possibility of such damages. To the extent permitted by applicable law, our aggregate liability (whether in contract, tort or otherwise) for any loss or damage shall, in any event, be limited to a sum equal to the amount paid (if any) or payable by you for the product (s) in question. We will take all precautions we deem reasonable to protect your details. However, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you, unless we are negligent in protecting your details. Nothing in these terms limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence. These Terms give you specific legal rights and you may also have other rights, which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
EXCLUSION OF LIABILITY REGARDING THE USE OF THE WEBSITE
To the extent permitted by applicable law, in no event will we be liable for any damages arising from or relating to any product purchased from the website or the use of or inability to use any such product including, but not limited to any loss of use, lost profits, loss or damage to goodwill or business nor for any consequential, indirect, exemplary, special, or incidental damages whether such damages were reasonably foreseeable or actually foreseen and even if we have been advised of the possibility of such damages. To the extent permitted by applicable law, our aggregate liability (whether in contract, tort or otherwise) for any loss or damage shall, in any event, be limited to a sum equal to the amount paid (if any) or payable by you for the product (s) in question. We will take all precautions we deem reasonable to protect your details. However, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you, unless we are negligent in protecting your details. Nothing in these terms limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence. These terms give you specific legal rights and you may also have other rights, which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
INDEMNITY AND RELEASE
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these terms or your access or use of this website or any of the information, materials, products or services available through this website.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, editing, deletion, suspension, or discontinuance of this Website.
SEVERABILITY
If any provision of these sale terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these sale terms and the remaining provisions of these Sale Terms shall remain in full force and effect.
ASSIGNMENT
These Terms are personal to you and you may not assign, transfer, sub-contract or otherwise part with these Sale Terms or any right or obligation under it except as permitted by these Terms. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Terms or any related contract to any third party.
WAIVER
Failure or neglect by either party to exercise any of its rights or remedies under these Terms will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of these Terms nor prejudice that party’s right to take subsequent action.
FORCE MAJEURE
We shall not have any liability to you or be deemed to be in breach of these Terms from any circumstances, which are beyond our reasonable control (including a delay in delivery caused by force majeure).
THIRD PARTIES
To the extent permitted by applicable law, these Terms do not create or confer any rights or benefits enforceable by any person that is not a party to this Agreement.
AMENDMENTS
We reserve the right to make changes to these Terms at any time. You will be subject to the Terms in force at the time you place your order with us unless any change to these Terms is required to be made by law (in which case it will apply to any orders previously placed by you).
ENTIRE AGREEMENT
You have read and understood these Terms and agree that it constitutes the complete and exclusive statement of the agreement between us concerning the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written and all other communications between us relating thereto. These Terms further contain the entire understanding between you and us for this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
LAW AND JURISDICTION
These Terms are made under English law and this Website is operated from England. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location. You agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to the use of this Website and that the laws of England and Wales shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
CONTACTING US
If you have any questions regarding these Terms or any other matter, you may contact us by writing to us at:
Construction Helpline Limited,
Unit 1, 11 Batsworth Road
Mitcham, London, CR4 3BX
E-mailing us at query@constructionhelpline.com
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