These general terms and conditions set out who we are and comprise all the terms of the contract between us for the products and services described on our websites and your use of them. Please read these terms and conditions carefully before completing a subscription for membership and retain a copy for your records.
We may need to update these terms and our website at any time and without notice, so be sure to check these terms regularly. If we have your email address, we may notify you of a change to the terms but do not guarantee this.
It is a condition of using our website, becoming a member and subscribing to our products and services that you agree with these terms and conditions. By using the site, you are agreeing to these terms and conditions.
At present, we offer our services to clients located in the UK and our website is tailored to UK users. If you choose to use our website outside the UK we do not claim that content is available or appropriate for use in other locations, and as such any use is at your own risk. Your country may have different laws affecting safeguarding and we cannot guarantee that we comply with them.
Data Processor has the meaning set out in the DP directive as amended by the GDPR when the latter comes into force;
Data Protection Legislation means the DP directive, the DPA and the GDPR;
Data Subject has the meaning set out in the DP directive as amended by the GDPR when the latter comes into force;
DPA means the data protection act 1998;
DP Directive means directive 95/46/EC of the European parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
GDPR means the General Data Protection Regulation (2016/679);
Guest means a user of the trial, introductory or preview elements of our website which are accessible before registering;
Intellectual Property means copyright, database rights and moral rights, patents, registered and unregistered trade marks and service marks, domain names, registered designs and unregistered design rights, applications for any of the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world;
Safeguarding Lead or Lead User means the person completing the subscription form on behalf of their organisation as detailed in the subscription form;
Permitted Users means the Lead User and the employees or volunteers of the organisation for which the Lead User works;
Personal Data has the meaning set out in the DP directive as amended by the GDPR when the latter comes into force;
Product means those products offered from time to time by the Independent Safeguarding Service CIC;
Services means those services offered from time to time by the Independent Safeguarding Service CIC;
Site Content means all materials on the website from time to time;
Subscription Forms means the online subscription form(s) for our products and services;
Third Party Content means any of the site’s content which is either (a) material which appears on a third-party website or microsite linked to the site or (b) any material which appears on the sites but which is stated to have been produced by a third party;
You means the entity on whose behalf the Lead User is entering into these terms as described in the subscription form (and where appropriate includes the permitted users).
2.1 Once a lead user has completed the subscription form, accepted these terms and conditions and made the relevant payment, we will then issue you with an account along with details of how you can access the services.
2.2 Whether or not we accept any individual permitted user is a matter for our sole discretion.
2.3 The lead user and the permitted users shall be jointly and severally responsible for complying with these terms and maintaining the confidentiality of your registration details, and for all activities that occur under these details including the confidentiality of all content on the site and you must remind the permitted users of this when they are provided with login details.
2.4 You must immediately inform us of any unauthorised use of your login details and any other breach of security of which you become aware which may affect the site.
2.5 We reserve the right at any time to modify the services we provide and to add to or remove content on the site.
2.6 We may invite users to use the site and services as guests free of charge for a limited trial period. Guests may only trial the site and services once unless agreed otherwise in writing with us.
2.7 You shall ensure that all permitted users are made aware of these terms.
2.8 If any permitted user ceases to qualify for access to the services, you must notify us so that we can terminate that permitted user’s registration.
2.9 You shall maintain a written list of all permitted users and shall provide such list to us as we may reasonably request from time to time.
2.10 The services offered to members by the Independent Safeguarding Service CIC may change from time to time at our discretion. The paying of a membership fee does not provide a member automatic right to previous services no longer on offer.
2.11 To provide the most affordable services possible the Independent Safeguarding Service CIC is a wholly online company and as such Services do not include for one-to-one communication via phone or email with members.
2.12 The Independent Safeguarding Service CIC may offer from time to time a ‘Policy Request Service’. If so we reserve the right to not create the policy should we feel it unsuitable from a safeguarding perspective or unviable from a commercial perspective to do so.
3.1 When you subscribe to our service you agree to pay the joining fees and subscription fees and any other charges set out in the relevant subscription form.
3.2 Rates for the services may also be advertised on the site. We reserve the right to vary these rates from time to time as we consider to be appropriate.
3.3 All our fees are exclusive of vat.
3.4 The Independent Safeguarding Service CIC membership fees are structured on potential use by (or benefit to) the member, and are based on number of employees or volunteers in the member organisation. It is the member’s responsibility upon application or renewal to select and pay the appropriate membership fee. If the Independent Safeguarding Service CIC discovers that a member has underpaid, or underestimated its number of employees or volunteers, for whatever reason whatsoever, we reserve the right to terminate membership immediately and/or request additional fees, backdated as might be appropriate.
3.5 Subscriptions are annual, are invoiced annually in advance and may be paid by an annual payment or direct debit. Payment of fees shall be due on the date shown on your invoice. If fees are left unpaid we reserve the right to disable your account until payment is received and/or terminate your account permanently.
3.6 Once an account has been terminated, for whatever reason, mention of the Independent Safeguarding Service CIC, including any ‘Member’ or ‘Accredited’ marks must be removed from physical premises and all other materials, including but not limited to websites, brochures, business cards and stationery.
3.7 Once you have subscribed to the services, the subscription fees you pay will apply for the whole of the subscription period. We will not implement any subscription fee change until the date of your yearly renewal. We will always inform you at least one month in advance of the renewal date of any subscription fee change.
4.1 Your subscription to the services shall commence on the date that we provide you with your account designation. Subject to your right to terminate below, your subscription shall then continue for the specified number of months set out in the subscription form.
4.2 If you are using the site and the services on a trial basis, then we may terminate your trial for any reason and at any time.
4.3 If you commit any material breach of these terms which shall, for the avoidance of doubt, include any breach of clauses 5 (intellectual property), 6 (warranties) or 8 (data protection) or where any term has been breached more than once then we have the right to terminate your account immediately, without refund, on written notice.
4.4 On termination of your account, your rights to receive the services and to access the subscription-only areas of the sites shall cease. Any rights that have accrued to either of us at the date of termination shall remain enforceable after termination.
5.1 The content and material on the site that has been created and produced by the Independent Safeguarding Service CIC, and the Independent Safeguarding Service CIC trade mark and other marks and propriety materials, are intellectual property owned by or licensed to the Independent Safeguarding Service CIC.
5.2 Access to the site and use of the services is subject to a non-exclusive and non-transferable licence permitting you to access and use the site and services on the terms set out below.
5.3 Permitted users may view, download and reproduce free of charge the site’s content in any format or media without specific permission from us subject to the following conditions:
5.3.1 The site’s content may only be used for non-commercial purposes.
5.3.2 The site’s content shall not be reproduced or included in any other work or publication in any medium or modified or shared with any third party, save that permitted users are permitted to the extent necessary to fulfil their legal and statutory safeguarding responsibilities for which the services were originally created and intended to be used.
5.3.3 You may not remove any copyright, corporate logos or other proprietary notices or marks contained in the site’s content or use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
5.3.4 You must not link or make reference to the site or the Independent Safeguarding Service CIC in a way that suggests any association, approval or endorsement on our part where none exists or establish a link to the site from any website that is not owned by you; and
5.3.5 You must not use any of the site’s content in a derogatory manner, in a misleading context or in any way which is illegal.
5.4. As a guest, you are permitted to browse and use the content to a degree reasonable in making a decision on whether to subscribe to the services. As a guest you must not download or attempt to download the content.
5.5 Where any of the sites’ content is clearly third party content (including, for example, where it links to material published by a third-party government agency, national association, expert or local authority), then the above permissions set out in clause 5.3 above do not apply to such third-party content and you must contact the relevant third party directly to get their permission to copy it, edit it, share it with any third party or otherwise exploit it.
5.6 Please note that any materials on third-party websites or microsites linked to the sites will be subject to third-party intellectual property. No licence is granted by us to use, reproduce, adapt, edit, communicate to the public, issue copies to the public or otherwise exploit such material and any such use may be subject to additional third-party terms and conditions. Please check the third-party sites for their terms and conditions.
5.7 If the Independent Safeguarding Service CIC publishes references or links to your material on the site without your specific permission and you object to this use, please contact us in accordance with our ‘your concerns and feedback’ section below. Please provide us with the following information and we will handle your concern accordingly: (a) who you are and, if applicable, who you represent; (b) how we may contact you; (c) the exact and full URL where you found references or links to your material which is the subject of your concern; (d) proof that you are the rights holder; and (e) an explanation as to why the references or links to your material should not be published on our site.
5.8 If you are commissioned by the Independent Safeguarding Service CIC to create and provide any content or material for the site, any such commissioned content or material shall be subject to separate terms and conditions which deal specifically with commissioned contributions.
5.9 However, subject to anything agreed expressly to the contrary in writing between us in specific terms for commissioning content described above, if you submit or upload any content or material to us or to the site (your contribution), by agreeing to these terms you:
5.9.1 Grant to the Independent Safeguarding Service CIC, free of charge, a non-exclusive, worldwide, perpetual and royalty-free licence to use your contribution on the site and in our services; and
5.9.2 Hereby warrant to us that your contribution: (a) is original to yourself (or otherwise that you have all necessary rights and permissions to submit the contribution for use on the sites and in our services); (b) is not (and does not contain anything) unlawful, defamatory, infringing, obscene, sexually explicit, harmful, fraudulent, confidential, libellous, hateful, discriminatory, threatening or otherwise illegal or anything which might constitute a criminal or civil offence or promote violence; and (c) does not contain anything which is in violation or an infringement of any existing intellectual property or other right of any other party whatsoever.
6.1 The Independent Safeguarding Service CIC warrants that it shall exercise reasonable skill and care in providing the services.
6.2 When a lead user completes a subscription form, you are warranting that they are doing so as your authorised agent and that you are not acting as agent for a third party and that you are eligible as a lead user for those services (the requirements will vary depending on the products and services selected as described in the specific product terms).
7.1 While the Independent Safeguarding Service CIC endeavours to ensure that the information on the site is relevant, accurate, complete and up to date, the Independent Safeguarding Service CIC does not give any warranty or guarantee as to the accuracy, completeness, currency or reliability of any of the site’s content or that any such material will meet your requirements. You should not treat any of the Independent Safeguarding Service CIC’s commentary and information as advice and you should not rely on it without seeking independent advice. Furthermore, for reasons of confidentiality, you should not submit (and we will not answer) any specific questions about circumstances relating to specific institutions, organisations or individuals, and any information you upload in breach of this term is at your own risk.
7.2 The Independent Safeguarding Service CIC cannot be held liable for any detriment or loss incurred as a result of adopting, using or implementing any policies, procedures, tools or training provided to our members. Every member is responsible for its own safeguarding duties and the Independent Safeguarding Service CIC will not accept responsibility for any claims by either a member or any third party.
7.4 Any advice or opinions or statements made in any third party content are those of such third party and not the Independent Safeguarding Service CIC. Third party content is not approved, vetted, checked or endorsed by the Independent Safeguarding Service CIC and the Independent Safeguarding Service CIC accepts no responsibility for its contents.
7.5 The Independent Safeguarding Service CIC provides its training through its LiveOnline service:
7.5.1 LiveOnline produce live Webinars that take place at the time and date detailed on the site and currently cannot be downloaded after the event has taken place, although we may decide to offer this service in the future.
7.5.2 To access LiveOnline members may be required to download a plug-in, extension or other small programme to allow connectivity and to access the full suite of online features. It is a Members responsibility to ensure suitable time is allocated for this prior to a booked webinar taking place.
7.5.3 It is a Member’s responsibility to ensure downloadable plug-ins and extensions are permissible by their system administrators as no request for a refund of membership fees will be considered on this account.
7.5.4 The Independent Safeguarding Service CIC may be forced, due to technical issues or restrictions, trainer illness, or for any other legitimate reason, to limit numbers for training sessions, or to cancel them entirely. If so it will endeavour to contact those registered for the course and provide alternative dates as close to the original date as possible.
7.5.5 The content of the Independent Safeguarding Service CIC training courses has been developed by safeguarding experts and validated by its Expert Reference Group. However, it should not be construed as professional advice and it is the sole responsibility of individual members to ensure that their safeguarding practice is fit for purpose.
7.6 The Independent Safeguarding Service CIC has carefully created a suite of Policies, Procedures, Tools, Templates and Training which it believes covers the main needs of the industry, and while they might be amended or added to from time to time it is not the intention of the Independent Safeguarding Service CIC to create an exhaustive suite of services. Organisations should check the Independent Safeguarding Service CIC’s products and services carefully before registering as a Member to ensure what is on offer fits their purposes as no request for a refund of membership fees will be considered on this account.
7.7 While the Independent Safeguarding Service CIC endeavours to ensure the availability of the site at all times, it excludes liability for any unavailability of the site or services. We may have to suspend access to sections of the site for periodic maintenance or, in extreme circumstances such as emergency maintenance, take the site down for a period, but, where possible, we will try and give users advance notice of this.
7.8 Without limiting the foregoing, the Independent Safeguarding Service CIC hereby excludes liability for:
7.8.1 Any loss of profit or business;
7.8.2 Any loss of savings;
7.8.3 Any loss of or damage to data or systems or any business interruption;
7.8.4 Any loss of opportunity;
7.8.5 Any loss of goodwill; in each case whether direct or indirect
7.9 The Independent Safeguarding Service CIC hereby excludes liability for any indirect or consequential loss of any kind.
7.10 Nothing in these terms shall exclude the Independent Safeguarding Service CIC’s liability for personal injury or death caused by negligence or for fraud.
7.11 All other conditions, statements and warranties are hereby excluded to the fullest extent permissible by law.
8.1 Each party shall process the personal data provided to it by the other in full compliance with its obligations under data protection legislation.
8.2 By submitting the subscription form and agreeing to these terms, you hereby warrant that you:
8.2.1 Shall have secured the necessary permissions (given freely, specifically and unambiguously) as may be required by data protection legislation for us to provide any of your permitted users with the services and that any personal data provided to us is accurate;
8.2.2 Shall have secured the necessary permissions from any data subjects that may be referred to in any content that your permitted users upload to the sites which may be available for viewing by other permitted users or the public (depending on the nature of the uploaded content and where it has been uploaded as appropriate).
And you hereby indemnify the Independent Safeguarding Service CIC for all losses, claims, costs and damages incurred as a result of any breach of this warranty.
8.3 Each party shall use its reasonable endeavours to assist the other party by providing information that may be required by data protection legislation to demonstrate compliance with the same provided that the party requesting the assistance shall indemnify the other party for its reasonable costs associated with the same.
9.1 Assignment and sub-contracting: The Independent Safeguarding Service CIC may assign or charge its rights under these terms to any third party. You may not do so. The Independent Safeguarding Service CIC may sub-contract any of its obligations under these terms to any third party.
9.2 Force majeure: We shall not be liable to you for any breach of these terms or any failure to provide or delay in providing the services through the sites resulting from any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of internet access, act of god, fire, explosion or accident, terrorism, war, riot or civil commotion, malicious damage, compliance with any law or governmental or regulatory order, regulation or direction or adverse weather.
9.3 Variations: these terms may not be altered, amended or modified except in writing signed by duly authorised representatives of each of us.
9.4 Entire agreement: No oral representation by the Independent Safeguarding Service CIC, its employees or agents shall be binding on the Independent Safeguarding Service CIC nor shall form part of the terms. Each of the parties agrees that in entering into these terms and the documents referred to in them, it does not rely on any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in these terms. Each of the parties agrees that the only remedy available to it for breach of this agreement shall be for breach of contract under the terms. Nothing in these terms shall operate to limit or exclude any liability for fraud. These terms constitute the entire agreement and understanding of the parties and supersede any previously agreement between them relating to the subject matter of these terms.
9.5 Third party rights: These terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and are not intended to benefit, or be enforceable by, anyone else.
9.6 Waiver of remedies: No failure or delay by the Independent Safeguarding Service CIC to exercise any right or remedy provided under the terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
9.7 No partnership: Nothing in the terms shall be deemed to create a partnership or joint-venture or agency relationship between the parties or confer any right or benefit to any third party.
9.8 Severance: Should any of the terms be deemed unenforceable or illegal, the remaining terms will nevertheless continue in full force and effect.
9.10 Notices: Any notice we need to serve on you under the terms shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to you at your address set out in the subscription form, or such other address as may have been notified by you for such purposes, or sent by fax or email to your fax number or email address as set out in the subscription form. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax or email shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender). For any notice you need to serve on us, the same delivery arrangements shall apply, but the address, fax and email address to effect service shall be as shown on our invoice or the site.
9.11 Governing law and jurisdiction: This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales. Non-contractual obligations (if any) arising out of or in connection with this agreement (including contract formation) shall be governed by the laws of England.