1. Acceptance of Terms

1.1 “First Option” means First Option Safety Group Limited, registered in England and Wales with registered office at 2nd Floor Exchequer Court, 33 St Mary Axe, London EC3A 8AA (number 05533445).

1.2 Your access to and use of https://www.firstoption.group and https://data-firstoption.group (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

1.3 By placing an Order through our site, you warrant that:

1.3.1 You are legally capable of entering into binding contracts;

1.3.2 You are at least 18 years old; and

1.3.3 You are making the purchase pursuant to a business activity and not in the capacity of a ‘consumer’.

2. Advice

The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.

3. Changes to Website

The Website reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the Website shall not be liable to you for any such change or removal; and

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

The Website may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to the Website or otherwise used by the Website as permitted by law.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder unless under the provisions of Clause 7.7 below. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6. Training Course Terms and Conditions

This clause 6 applies to the provision of training (“Training Course”) by First Option, whether online, in person, or using mixed media to deliver the content.

Acceptance of Order

6.1 All Training Courses purchased via this website are subject to the terms and conditions below unless varied in writing by an authorised representative of First Option. The conditions here shall govern the terms upon which we supply Training Courses. An Order is not accepted until First Option Training sends written confirmation of the order to the Purchaser. First Option Training reserves the right to terminate or withdraw any Training Course without notice to the Purchaser.

Course Fee

6.2 The Course Fee includes attendance of the Training Course and all Training Course handouts. The Course Fee does not include accommodation, meals, travel or any other expenses that may be incurred by participants. Places purchased for online courses expire one year from date of purchase if unused.

Payment Terms

6.3 The Course Fee is due for payment at the time of booking or according to the terms stated on the invoice for account customers. VAT is charged at the current rate of 20%. All prices are exclusive of VAT (VAT Reg No GB404618080).

Substitutions and Cancellations by Client / Participant

6.4 For offline Training Courses, substitute may be enrolled in a participant’s place provided we are notified in writing before the first day of the Training Course. However, two or more participants may not share a place at an event. Customer may cancel or reschedule attendance of any course, but First Option Training will apply the following charges:

6.4.1 Notice Period Cancellation Charge per participant 6 working days or more 0% of the course fee (on the condition a course is rescheduled within 14 days of original course date) 2-5 working days 75% of the course fee 0-2 working days 100% of the course fee.

6.4.2

For online, self-led courses, clients can reassign places already purchased to another participant via their account provided the original participant has not started the course.

Cancellations and Changes by First Option

6.5 If First Option changes the location of the Training Course, we will try to give our participants as much advance notice as possible of any such change. If the participant is unable to attend the Training Course at the revised location, we will refund 100% of any prepaid Course Fee. However, we will not be liable for any other costs incurred including (for example) travel charges or any consequential damages, even if we were advised of them.

6.5.1 If First Option has to cancel the Training Course for any reason, then we will refund 100% of any prepaid Course Fee, but we will not be liable for any other costs incurred, including but not limited to travel charges or any consequential damages, even if we were advised of them.

Alterations to the Training Course Programme

6.6 It may become necessary for First Option to make alterations to the content, instructors, timing, venue or date of the Training Course compared to the advertised programme.

Warranty and Liability

6.7.1 The participant accepts that it is their responsibility to verify that the Training Course is suitable for the requirements of the participant attending and that the participant has the necessary level of competence to be able to achieve the objectives of the Training Course.

6.7.2 First Option shall have no liability for any use of, or any inability to use, any material supplied or knowledge gained from participation in the Training Course. First Option’s liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the Training Course out of which the loss or damage has arisen. First Option Training will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.

Copyright

6.8 The Training Course content and materials remain the copyright of First Option Training. Unauthorised copying or redistribution of the Training Course materials is prohibited unless agreed in advance in writing by First Option Training.

7. Retainer Client Subscriptions

This clause applies to the purchase of support packages (“Services”).

7.1 The subscription plan to our Services consists of recurring periodic charges of an amount and frequency as agreed to by you when you placed your Order (“Periodic Charges”). By entering into this Agreement, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all Periodic Charges prior to cancellation. You authorise us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. First Option may submit periodic charges (e.g. monthly) without further authorisation from you until you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before First Option could reasonably act. To terminate your authorisation or change your payment method, log into your My Account page and manage your automatic subscription.

7.2 By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you, on the subscription terms set out in the order you have completed.

7.3 You can cancel your subscription at any time by turning off the automatic subscription feature in your Account settings. You will not be charged for any cancellation. You will continue to enjoy access to the Services until the end of the current billing period for which you have already paid a Periodic Charge.

7.4 You can re-subscribe at any time following your cancellation, but we reserve the right not to permit resubscription where we have previously elected to terminate a subscription for Services by you.

7.5 If the price of your subscription changes, you will be notified by email at the email address associated with your Account. It is your responsibility to ensure your email address is kept up-to-date. Unless you elect not to renew the subscription, the next Periodic Charge will be charged at the new price.

7.6 For multi-user subscriptions you can assign places to others who will also receive the Services associated with that subscription. You may change the users occupying those places whenever you wish by visiting your Account. You can also assign one or more other users ‘manager’ status to enable them to assign and reassign places with access to the Services.

Retainer Subscription Benefits

7.7 The following apply to the benefits associated with Services’ subscription tiers. First Option reserves the right to add, remove or modify subscription tiers and their associated benefits at its sole discretion.

The First Option KnowledgeBase

7.7.1 The First Option online KnowledgeBase (“KnowledgeBase”) is a compendium of production-related safety information including Risk Assessment templates and other materials.

7.7.1.1 For the avoidance of doubt, access to KnowledgeBase alone does not satisfy your obligation under The Management of Health and Safety at Work Regulations 1999 to seek safety advice from a “competent person“.

7.7.1.2 In accessing KnowledgeBase resources, you agree that you will access the content solely for your own use. None of the content may be downloaded, copied, reproduced, transmitted, stored, or distributed for resale without the prior written consent of the copyright holder.

‘Freelancer’ Services Tier

7.7.2 Subscribers to the ‘Freelancer‘ tier receive access to KnowledgeBase. Subscribers need to be logged in to get full access.

‘Team’ Services Tier

7.7.3 Subscribers to the ‘Team‘ tier receive access for five users to the First Option online KnowledgeBase and access to the Advice Line team during office hours (9am-6pm) for telephone and email advice on general health and safety issues, regulations, compliance for productions and events, on the requirements and specification of safety equipment, support and advice when dealing with the enforcement authorities, Risk Assessment review (comment and guidance on client produced risk assessments). Please note that reviews requiring longer than 1 hour or specialist safety advice will be referred to our wider adviser team at additional cost. You will be advised of this cost and your agreement sought before we proceed.

‘Elite‘ Services Tier

7.7.4 Subscribers to the ‘Elite‘ tier receive the same benefits as the ‘Team‘ tier and, in addition, access to the Advice Line for 20 users (additional places can be purchased pro rata), referral by telephone of urgent out-of-hours matters to our Duty Safety Consultant, access to lists of pre-vetted safety critical suppliers and contractors, and access to the First Option KnowledgeBase for all users with the client’s with email addresses on the client’s corporate email domain. Subscribers to the ‘Elite‘ tier also receive a 10% discount on online Risk Assessment Awareness (RAW) training, onsite support days from a qualified consultant, and most other First Option services.

8. General

Amendment and Waiver

8.1 This Agreement may not be amended except in a writing signed by both parties. No waiver of any terms of this Agreement occurs unless in writing signed by the party waiving its rights.

Force Majeure

8.2 First Option shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of god, or any causes beyond the reasonable control of First Option, including availability of the Website.

Notices

8.3 All notices requests, demands, waivers and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, or email, or mailed (certified or registered mail, postage prepaid) to The Operations Manager, First Option Safety Group, 2nd Floor Exchequer Court, 33 St Mary Axe, London EC3A 8AA. Email: info@firstoption.group.

Your Contact Details

8.4 First Option Training will use the contact details you provide during the registration process to contact you. We will also use this email to send you notices regarding subscription renewals and other billing information. We may also include you on our mailing list, which we use to contact you from time to time with information on our other activities and events. You can unsubscribe from the mailing list at any time. We will never provide your details to a third party without your prior consent.

Limitation of Liability

8.5.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.5.2 To the extent permitted by law, the Website will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

8.5.3 The Website makes no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

8.5.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Website for death or personal injury as a result of the negligence of the Website or that of its employees or agents.

Assignment

8.6 Your rights under this Agreement are not property rights and may not be transferred to third parties. You are not authorised to resell any participant places to any external or third parties without the prior written agreement of First Option Training.

Entire Agreement

8.7.1 These terms and conditions represent a complete statement of the agreement between the parties and supersede all prior discussions, correspondence and representations. Our brochures and advertisements are for information purposes only and are not intended to form any agreement between First Option and the recipient.

8.7.2 These terms and conditions are subject to change without notice and changes will apply to any order received after the date of the change. These terms and conditions may not be varied except in a written agreement signed by an officer of First Option. First Option’s acceptance of a purchase order containing different terms and conditions does not modify or supersede these terms and conditions.

8.7.3 Waiver by First Option of any of the terms herein or the granting of time or indulgence by First Option Training to you shall in no way affect First Option’s rights hereunder.

8.7.4 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

8.7.5 Use of the Website is also governed by our Privacy Statement which is incorporated into these terms and conditions. To view the Privacy and Cookies Policy, please click on the link above.

8.7.6 You agree to indemnify and hold the Website and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Website arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8.7.7 These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.