Commercial terms and conditions of sale
Please note the following additional terms and conditions that shall apply :
Section 2A Service Description - the DFS Services, Compliance Services, Academy Services and Audit Services, provided by us to you, available at https://www.navitassafety.com/service-descriptions/
Section 2B – Data Protection Details – sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data available at: https://www.navitassafety.com/data-protection/
Section 3 – Terms and Conditions – sets out the terms and conditions applicable to the provision of services https://www.navitassafety.com/terms-and-conditions/
1. About us
Company name: Navitas Digital Safety Limited
Company number: 08861678
We are registered in England and Wales.
Registered office:
Unit 7 Grove Court
Grove Park, Enderby
Leicestershire, England
LE19 1SA
2. Our contract with you
2.1. Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods and / or services by us to you (Contract). Except as otherwise expressly stated, no other terms are implied by trade, custom, practice or course of dealing. Specific Goods and / or Services have additional terms and conditions applicable to them. The terms and conditions applicable to such Goods and / or Services are linked at the top of this page and shall apply to the Contract in full and as applicable relevant to your order. If there is any conflict or inconsistency between these Terms and the additional terms and conditions, the following order of precedence shall apply: Section 2B; Section 3; these Terms; Section 2A.
2.2. Entire agreement. The Contract, and any additional terms and conditions referred to within it, is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3. Placing an order and acceptance
3.1. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods and or services specified in the order subject to these Terms (individually Goods and Services).
3.2. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4 .
3.4. Our acceptance of your order takes place at the earlier of: (1) when we send the email to you to accept it; and (2) we despatch the Goods to you and / or commence the provision of any Services, and in either case, at which point the Contract between you and us will come into existence.
4. Our goods and services
4.1. The images of the Goods and / or Services on our site are for illustrative purposes only.
4.2. Once an order has been placed by you, you are not entitled to any refund or cancellation.
4.3. Goods and / or Services shall be made available to you in accordance with the relevant additional terms applicable to your purchase.
5. Price
5.1. The prices of the Goods and / or Services will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
However, we reserve the right to cancel and refund any orders where we discover that the price displayed was not correct.
5.2. Prices may change from time to time, but changes will not affect any order you have already placed.
5.3. The prices exclude VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
5.4. All payments are to be made by credit or debit card. The payment types accepted will be shown at the time you proceed with checking out your order.
6. Our liability
6.1. References to liability in this clause 13 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
6.2. We only supply the Goods and / Services for use by your business, and you agree not to use them for any other purpose.
6.3. Nothing in these Terms limits or excludes our liability for:
6.3.1. death or personal injury caused by our negligence;
6.3.2. fraud or fraudulent misrepresentation;
6.3.3. any other liability that cannot be limited or excluded by law.
6.4. Subject to clause 6.3 , we will under no circumstances be liable to you for:
6.4.1. any loss of profits, sales, business, or revenue; or
6.4.2. loss or corruption of data, information or software; or
6.4.3. loss of business opportunity;
6.4.4. loss of anticipated savings;
6.4.5. loss of goodwill; or
6.4.6. any indirect or consequential loss.
6.5. Subject to clause 6.3 and clause 6.4, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price you have paid for the Goods and / or Services under your order.
7. General
7.1. Assignment and transfer.
7.1.1. We may assign or transfer our rights and obligations under the Contract to another entity.
7.1.2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
7.2. Variation. We may update the Contract from time to time and shall notify you accordingly of any changes.
7.3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive anyrights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
7.4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
7.5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. The Contract is governed by English law and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.