Terms and Conditions

Terms & Conditions

You (the "Customer"/ "You" / "Your") must agree to these terms and conditions before ordering from Highfield Awarding Body for Compliance Limited ("we" "us" "HABC").

Clicking on the 'place order' button indicates that you agree with all terms and conditions stated herein. You should read these terms and conditions before placing an order, they contain important information.

We have tried to state our terms and conditions as clearly as possible, however, if you have any queries at all about these terms and conditions, please do not hesitate to contact us.

Contents:
  1. Terms
  2. Who we are
  3. E-mail and attachments
  4. Order process
  5. Delivery
  6. The Goods
  7. Digital Downloads
  8. Copyright
  9. Prices and payment
  10. Delivery
  11. Liability
  12. Personal information and data protection
  13. Credit/ Debit card payment
  14. Assignment
  15. Force Majeure
  16. General
  17. Communications

Definitions

Contract has the meaning set out in clause 4.5;

Digital Downloads means training materials (including but not limited to encompass books, presentations and videos) available for purchase and download on the HABC Website;

Goods means the goods purchased by you in accordance with the Contract;

Website means the HABC Website at www.highfieldabc.com; and

Working Day means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

1. Terms

1.1 Subject to any variation under condition 1.3 the Contract (as defined below) shall be on these Terms and the Privacy Policy (as defined below) to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).

1.2 No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

1.3 These Terms apply to all Highfield’s sales of Goods to you and any variation to these Terms and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of HABC. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of HABC which is not set out in the Contract.

2. Who we are

HABC can be contacted directly by any of the means below:

2.1 Mail

UK Office
Highfieldabc.com limited
Highfield Place
Unit 15
Shaw Wood Business Park
Shaw Wood Way
Wheatley Hills
Doncaster
DN2 5TB

Middle East and Asia (MEA) Office
Dubai Healthcare City
Building Number 49
Office - 3rd Floor - 306
Opposite City Hospital
PO Box 505172
Dubai
UAE

2.2 Telephone
UK - 0845 2260350
MEA - 009714 449 4042

2.3 E-mail
UK - info@highfieldabc.com
MEA - customerservices@highfieldabc.ae

2.4 Contacts
Chairman - Richard Sprenger
Chief Executive - Jason Sprenger
Managing Director - Christian Sprenger

3. E-mail and attachments

3.1 HABC will not send you an e-mail with an attachment unless you specifically request it. We will not ask you to confirm any of your details by e-mail. Should you receive an e-mail with an attachment indicating that it is from HABC, and you have not specifically asked for the attachment you should not open it, as it may not be from us.

3.2 All of HABC’s e-mail enabled computers are running up-to-date antivirus software. Although every reasonable effort has been made to ensure that our computers are virus free, we cannot be held responsible for any loss or damage to computers or other equipment, however caused by opening a file from or indicating that it is from HABC.

4. Order Process

4.1 Our privacy and cookies policy (https://www.highfieldabc.com/TermsAndConditions.aspx) (the “Privacy Policy”) sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site you consent to such processing and you warrant that all data provided by you is accurate. It also sets out information about the cookies we use on our site.

4.2. Each order or acceptance of a quotation for Goods by you from HABC shall be deemed to be an offer by you to buy Goods subject to these conditions.

4.3 No order placed by You shall be deemed to be accepted by HABC until a written acknowledgement of the order is issued by HABC or (if earlier) HABC delivers the Goods to You.

4.4 You shall ensure that the terms of your order and any applicable specification are complete and accurate.

4.5 Any quotation is given on the basis that the Contract shall come into existence upon dispatch by HABC of the acknowledgement of order or, if earlier, dispatch of the Goods to you (the “Contract”). Any quotation is valid for a period of 30 days only from its date, provided that HABC has not previously withdrawn it.

5. Delivery

5.1. Unless a specific agreement has been made, the following will apply:

5.1.1 for orders within mainland UK received before 17:00, the Goods will normally be dispatched the following Working Day. Orders will normally be dispatched using a two Working Day service. It should normally take no longer than 4 Working Days to receive the Goods. If you have not received the Goods within 4 Working Days please contact us; and

5.1.2 for orders outside the UK, delivery charges may be shown as £0.00. You may be contacted before shipping to confirm the delivery costs.

5.2 If the delivery arrangements differ from above, you will be informed at the point of ordering, or by e-mail as close as possible to the time of ordering.

5.3 At any time before your order is dispatched, you have the right to cancel your order without payment or prejudice.

5.3.1 In the UK, HABC may charge interest at the higher of either 3% above Barclays Bank plc base rate or the rate as set out in the Late Payments of Commercial Debts Regulations.

6. The Goods

6.1 All Goods are subject to availability. As a result of continuous product improvement the specification or design of Goods may vary from that shown.

6.2 It is your responsibility to ensure the suitability of the Goods offered for any particular purpose prior to purchasing the Goods.

7. Digital Downloads

7.1 The content of our Digital Downloads do not constitute advice and should not be relied upon by you when making or refraining from making any decision.

7.2 Subject to clause 12.3, we will not be liable to you for any economic loss, loss of profit, loss of business, loss of data, loss of revenue, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever which arise out of or in connection with the content, purchase and/or download by you of:

7.2.1 the Digital Download; and/or

7.2.2 materials the same as or similar to the Digital Downloads that are not provided or created by HABC.

8. Copyright

8.1 You acknowledge and agree that HABC and/or its licensors own all intellectual property rights in the Goods. Except as expressly stated herein, the contract does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Goods.

8.2 Subject to clause 9.2, no part of any publication, training materials, CD ROM, DVD, video production or any of HABC’s works may be reproduced by you. These works may not be stored in a retrieval system, or transmitted in any form or by any means electronic, photocopying, recording or otherwise without prior written consent from HABC.

8.3 Notwithstanding clause 8.2, if the Goods you purchase from us include a Digital Download, you shall be entitled to download and use such Digital Downloads from the Website without a licence from us. All intellectual property rights in such Digital Downloads, as between you and us, shall be owned by us both before and after purchase by you of the Digital Download.

8.4 Goods provided to you on a preview only basis must not be used for training purposes until you purchase such Goods and/or must not be provided to and/or made accessible to any third party.

8.5 You must obtain our express written consent to allow you to employ the use of direct links to our website assets (PDF’s, images or other artefacts) from your website. You can obtain this by emailing support@highfield.co.uk.

8.6 Any direct links must be reasonable, proportionate and not place undue bandwidth requirements upon the Website.

8.7 If you fail, or we have reason to believe that you have failed, to comply with clauses 8.5 or 8.6 above, we reserve the right at our sole discretion to restrict your ability to directly link to said assets.

9. Prices and Payment

9.1 You shall pay for the Goods at the point at which you purchase the Goods via the Website. The price of the Goods shall be confirmed prior to you purchasing the Goods.

9.2 All prices in our catalogue, leaflets and on the Website are in GBP, exclude VAT and delivery and were correct when published. We reserve the right to change the advertised price before an order is placed. You shall be notified of such amended price prior to purchasing the Goods.

9.3 The Goods remain the property of HABC until payment has been received by HABC from you in full and cleared funds.

9.4 If you fail to make any payment due to HABC under the Contract by the due date for payment, HABC may charge interest at the higher of either 3% above Barclays Bank plc base rate or the rate as set out in the Late Payments of Commercial Debts Regulations. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amounts, whether before or after judgment. You will pay the interest together with the overdue amount.

10. Delivery

10.1 For delivery timescales please refer to section 5.1.1.

10.2 Risk of loss or damage to the Goods shall pass to you upon delivery whether or not the Goods have been paid for.

10.3 Subject to clause 12.5 damage to Goods must be noted at the time of delivery and claims must be notified to HABC within 14 days of delivery to you. Claims for non-delivery of Goods must be notified to HABC within 7 days of the invoice date.

10.4 Subject to clause 12.5 faulty Goods will be accepted for return within 14 days of delivery to you if they are returned undamaged.

10.5 Subject to clause 12.5 Goods returned to HABC without agreement or in a damaged condition will be rejected and returned to you at your cost.

10.6 Subject to clause 12.5 proof of delivery of returned Goods must be retained by you. Returned videos obtained for preview should be sent by a first class recorded mail option.

11. Liability

11.1 This clause sets out HABC's entire liability to you.

11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

11.3 Nothing in these conditions excludes or limits our liability:
(a) for death or personal injury caused by our negligence; or
(b) if applicable under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the HABC to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.

11.4 Subject to condition 12.2 and condition 12.3:

11.5 Our total liability in contract (including pursuant to an indemnity) tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to a sum equal to the price paid by you for the Goods; and

11.6 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, loss of data, loss of revenue, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

11.7 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Consumer Contract Regulations”). If you are purchasing goods from us as a Consumer, the Terms of this Clause 12.5 will apply.

11.8 You are entitled to a 14 day 'cooling off' period from the date you receive the Goods under the Consumer Contract Regulations, during which time you may return Goods purchased through the Website, subject to condition 12.5.4, for a refund or exchange, for any reason.

11.9 If you wish to exercise your rights under the Consumer Contract Regulations, you can do so by informing us of your intentions in writing or by completing the model cancellation form. Any refund will be limited to the cost of the Goods purchased. You must return the Goods to us within 14 Working Days of the date on which you notify us that you wish to cancel the Contract. You will be liable for all shipping costs incurred in returning the Goods to us. The Goods must be returned undamaged and unused. The Goods must be returned using a recorded and insured delivery service. Non-faulty items returned may be subject to a re-stocking fee.

11.10 Your refund will be issued within 14 days of receipt of the undamaged, unused Goods. We reserve the right not to issue a refund if, upon inspection, the Goods are found to have been used or damaged in any way. This does not affect your statutory rights.

11.11 In respect of Goods purchased with the European Economic Area, the right to cancel does not extend to any un-sealed audio or video recordings, computer software/files, personalised Goods or Goods made to a customer's specification, perishable Goods and / or services and any copyright protected training materials including Digital Downloads.

12. Personal Information and Data Protection

12.1 Please access our Privacy Policy for details as to how we use your information. We do not sell personal information about any of our customers, to any party, for any reason.

12.2 By accepting these terms and conditions, you consent to us holding your personal details for our records only. Your personal details will be held securely and will be used only for our own marketing/promotional purposes, for review by third parties if you have submitted information to an online directory, or for order/payment processing/monitoring. Your personal details WILL NOT be passed on to any third parties without your express permission. If you would like us to remove you from our private records, please contact us supplying your name and address, and your personal details will be removed within 7 Working Days.

12.3 Your credit/debit card details will be kept for the duration of the transaction for which they were supplied only. Upon satisfactory completion of the transaction, your credit/debit card details will be removed and destroyed. No record of them will be kept, electronically or otherwise.

13. Credit/Debit Card Payment

13.1 The secure credit/debit card processing service for this site has been provided by Sage Pay. Your details may be transferred to Sage Pay for the sole purpose of processing any transactions you have instigated.

13.2 Under no circumstances will your credit/debit card information passed on, sold or loaned to any third party. Your credit/debit card information is kept for the duration of the transaction in question only. If you are in any doubt, we are happy to take credit/debit card payments over the phone or accept payment by cheque.

13.3 You should ensure that you have established a secure connection before supplying any credit/debit card information. For more information on how to tell if you are viewing a secure or non-secure site, please see your browser’s documentation.

14. Assignment

14.1 HABC may assign the Contract or any part of it to any person, firm or company.

14.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of HABC.

15. Force Majeure

15.1 HABC reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of HABC including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, you shall be entitled to give notice in writing to HABC to terminate the Contract.

16. General

16.1 Each right or remedy of HABC under the Contract is without prejudice to any other right or remedy of HABC whether under the Contract or not.

16.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

16.3 Failure or delay by HABC in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

16.4 Any waiver by HABC of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

16.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

16.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

17. Communications

For the UK office:
17.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
(a) (in case of communications to HABC) to its registered office or such changed address as shall be notified to the Customer by HABC; or
(b) (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to HABC by the Customer.

17.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b) if delivered by hand, on the day of delivery; or
(c) if sent by fax on a Working Day prior to 4.00 pm, at the time of transmission and otherwise on the next Working Day.

For the MEA office
17.3 All communications between the parties about the Contract shall be in writing and sent electronically or by fax, or delivered by courier by hand:
(a) (in case of communications to HABC MEA) to its registered office or such changed address as shall be notified to the Customer by HABC MEA; or
(b) (in the case of communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to HABC MEA by the Customer.

17.4 Communications shall be deemed to have been received:
(a) if sent electronically on a working day prior to 5.00 pm, at the time of sending and otherwise on the next working day
(b) if sent by courier, two days (excluding Fridays, Saturdays and public holidays) after posting (exclusive of the day of posting); or
(c) if delivered by hand, on the day of delivery and supported with a signature; or
(d)if sent by fax on a working day prior to 5.00 pm, at the time of transmission and otherwise on the next working day.

18. Privacy

18.1 HABC limited is committed to preserving the privacy of all visitors to www.highfieldabc.com or www.highfieldabc.ae. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

18.2 By registering or placing an order on this site, you consent to the collection, use and transfer of your information under the terms of this policy.

18.3 When you visit, register or order products or services on highfieldabc.com you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information. We may also collect information about your usage of our website as well as information about you from [messages you post to the website and] e-mails or letters you send to us.

18.4 Your information will enable us to provide you with access to all parts of our site and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyze the information we collect so that we can administer, support, improve and develop our business.

18.5 In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the site or our services. Further, where you have consented, we might also use your information to let you know about other products and services which we offer which may be of interest to you and we may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted in the future, please let us know.

18.6 The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff working outside the UK and third parties including associated companies (including but not limited to Highfield.co.uk Ltd), some of whom are located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfill and deliver orders, process credit card payments and provide support services on our behalf include other types of recipients. We may also pass aggregate information on the usage of our site to third parties but this will not include information that can be used to identify you.

18.7 Where you have consented when providing us with your details, we may also allow carefully selected third parties, including other companies in our group, to contact you occasionally about products and services which may be of interest to you including. They may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know.

18.8 If our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

18.9 Your information may also be used by any associated company, including but not limited to Highfield.co.uk Ltd.

18.10 Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.

18.11 Unless required to do so by law or as otherwise set out in these terms and conditions, we will not share, sell or distribute any of the information you provide to us without your consent.

18.12 We employ security measures to protect your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

18.13 You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.

18.14 Any changes to our privacy policy in the future will be posted to the site and, where appropriate, through e-mail notification.

18.15 All comments, queries and requests relating to our use of your information are welcomed and should be addressed to include full name, postal and e-mail address and telephone number, as well as the name of a contact person.

19. Cookies

19.1 A 'Cookie' is a small piece of information which we store on your computer. Our system will issue cookies to your computer when you access the site. There are 2 types of Cookie:

  1. First Party Cookies; these are our own cookies and are controlled by us.
  2. Third Party Cookies; these are set and controlled by other organisations.

This site uses First Party Cookies only. Cookies make it easier for you to log on to and use the site during future visits and all of the cookies we use are essential to the effective operation of the site. Some cookies allow us to monitor website traffic in order to personalise the content of the site for you and to schedule maintenance and downtime. You may set up your computer to reject cookies, if you choose to do this, you may not be able to use certain features on our site, in which case please do call us on 0845 2260350 or e-mail us at info@highfieldabc.com and we will deal with your enquiry personally.

First Party Cookies – All Users

Name Purpose
ASP.NET_SessionId Stores server-side, user-specific data relating to a current browsing session.
_utma These are first party cookies for Google analytics and track how many times a visitor has been to the site.
_utmb / _utmc b - c are a pair and work together to calculate how long a visit takes - b takes a time stamp of when a user enters a site - c takes a time stamp of when the user leaves - b expires at the end of the session - c waits 30mins and then expires.
_utmb / _utmc Keeps track of where the visitor came from - what search engine used - what link the user clicked - what key word the user used and where they are in the world.


Additional First Party Cookies – Registered Centres
Name Purpose
HABCUserID Stores a unique identifier to allow the site to remember a user’s identity.
HABCCartId Stores a unique identifier to allow the site to remember purchase details.
RoleID Stores a unique identifier of the current logged in user’s role to ensure that the correct information is presented to them.
CentreID Stores a unique identifier to allow the site to remember a centre’s identity.
CentreNumber Stores the centre registration number to allow the site to remember a centre’s identity.
TutorNumber Stores the tutor registration number to allow the site to remember a tutor’s identity.
InternalVerifierNumber Stores the Internal Verifier registration number to allow the site to remember an Internal Verifier’s identity.
TutorID Stores the unique identifier to allow the site to remember a tutor’s identity.
InternalverifierID Stores the unique identifier to allow the site to remember an Internal Verifier’s identity.
RoleOption Stores the designated role of the current logged in user to ensure that the correct information is presented to them.
HABCLastProductsViewed Stores details of the last products viewed by the user to allow relevant information to be presented.
 
Highfield Awarding Body for Compliance Limited is a company registered in England, registered number 647 8925.
Registered office: Highfield House, Heaven's Walk, Lakeside, Doncaster, DN4 5HZ. VAT registration number 928 5243 09.