Terms of website use
This document (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.cleanlinetraining.co.uk including our Control of Substances Hazardous to Health Regulations 2002 (COSHH) awareness training (our site), whether as an employee or an administrative user.
If you are an administrative user additional terms apply, please click here and ensure that you read and understand the additional terms (as well as those in this document) prior to accepting our terms of use. In accepting the terms you are agreeing to accept them both in relation to your use as an individual and that of the company that employs you and/or to which we have provided access to the site.
Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Information about us
www.cleanlinetraining.co.uk is a site operated by Bunzl UK Limited (We or Our), trading as Bunzl Catering Supplies. We are registered in England and Wales under company number 2902454 and have our registered office at York House, 45 Seymour Street, London W1H 7JT. Our main trading address is Epsom Chase, 1 Hook Road, Epsom, Surrey, KT19 8TY. Our VAT number is GB635908614. Bunzl UK Limited is a subsidiary of Bunzl plc (www.bunzl.com).
References to You and Your are to both you as an individual accessing our site and Your employer or such other entity which has authorised you to access our site on its behalf or to facilitate Your COSHH awareness training and/or provide You with access to certain other information set out our site.
Disclaimer of Liability - YOUR ATTENTION IS DRAWN SPECIFICALLY TO THIS SECTION.
The content on our site is provided for general information only and is not tailored to meet your individual legal requirements. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
We do not assume any responsibility or liability for any duty or obligations You or any business may have under COSHH or any other regulations, laws or statutory requirements.
In particular:
- any COSHH awareness training provided on our site is merely intended to complement the internal COSHH training which You/a business must provide to its employees. We offer no guarantees that the COSHH awareness training provided on our site will constitute compliance by a business with its obligations under COSHH;
- We are not assuming any responsibility or liability in respect of any regulatory duty You/a business has to provide training to its employees on COSHH and safe use of products;
- any product resource sheets provided on our site offers only general advice on how to use the products. The information on our site is not a substitute for reviewing the safety data sheets for the relevant products. You and all users of the products should refer to the safety data sheets for those products and the product labels when using them. If You are an individual you should speak with Your employer should you have any questions in relation to any of the products detailed on our site and in relation to COSHH compliance.
We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date;
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to You or any other user of our site for any loss, damage, cost or expense whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site;
- use of or reliance on any content displayed on our site; or
- errors, omissions or misleading statements on our site.
To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, We may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and We are under no obligation to update such material.
Accessing our site
Access to our site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, We may restrict access to some parts of our site, or our entire site, to users who have registered with Us.
If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for You to have access to our site. You are also responsible for ensuring that all persons who access our site through Your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in 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 of each of the Product Information Sheets and Safety Data Sheets and as many copies of Your COSHH Awareness Completion Certificates as you would like from our site for Your personal reference and You may draw the attention of others within Your organisation to material posted on our site.
You must not modify the copies of any materials You have printed off 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.
"BUNZL" (and the logo) is an EU registered trade mark of Bunzl plc.
Information about you and your visits to our site
We process information about You in accordance with Our privacy policy. By using our site, You consent to such processing and You warrant that all data provided by you is accurate.
Data Sharing
Personal data may be transferred between Us and the entity (usually your employer) that has provided you with the access code to use our site in accordance with a data sharing agreement in relation to the same. By using our site, You consent to such transfer of personal data.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our site or to Your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You must not establish a link from any website nor may You create a link to any part of our site.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against You for breach of these conditions in Your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on You. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact Head of IT, Bunzl UK & Ireland, Epsom Chase, 1 Hook Road, Epsom, Surrey KT19 8TY.
Thank you for visiting our site!
Administrative Users Only
Data Sharing
Personal data may be transferred between You and Us in accordance with our data sharing agreement. By using our site, You consent to transfer of personal data and You warrant that you will comply with and otherwise be bound by the terms of our data sharing agreement.
Linking to our site
You may link to our login page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by You.
Our site must not be framed on any other site, nor may You create a link to any part of our site other than the login page. We reserve the right to withdraw linking permission without notice.
Terms of access
You have been provided access to our site because you are a qualifying Bunzl own name chemical customer or You have paid a licence fee to us. Your continued access to our site and that of Your employees is condition upon, You:
- complying with Our instructions which will be issued to You from time to time;
- continuing to:
- purchase an average net minimum spend of £1500 per delivery location of our Bunzl own name chemical branded products per annum (Minimum Spend), such Minimum Spend including at least 5 different products from our Bunzl own name chemical range; and/or
- pay such licence fee as shall be agreed between us having regard for the number of employee users;
- not being in breach of Your contract with us.
AUTHORITY
In accepting the terms you are agreeing to accept them both in relation to your use as an individual and that of the company that employs you and/or to which we have provided access to the site (Employer). You hereby warrant that you have authority to accept these terms on behalf of your Employer.
BUNZL UK LIMITED (TRADING AS BUNZL CATERING SUPPLIES): PRIVACY POLICY
This policy explains how we collect and use your personal information. Personal information is information that can identify you – for example your name, email address or mobile phone number. Your personal information is an important asset for us and we aim to use it responsibly and to keep it secure. If you want to know more about how we use your personal information, please contact us.
What do we use your personal information for?
We use your personal information for various purposes including:
- Taking and fulfilling orders
- Processing payments
- Communicating with suppliers
- Keeping accounts and other business records
- Carrying out marketing, electronic or otherwise
- Complying with legal or regulatory requirements
- Dealing with complaints or queries from our customers
- Generating data analytics to monitor and improve the performance of our website.
We believe that it is in our legitimate interests, or is necessary for the performance of a contract, to collect and use personal information to operate our business and to provide a service that you have requested. In some cases we may be under a legal duty to use or disclose personal information, for example to comply with a request from an official body.
Do we share your personal information?
We may share your personal information, but this will be done on a ‘need to know’ basis and only where it is necessary to do so or where we are required to share information. We may share personal information when we buy or sell any businesses or assets. We aim to put the necessary safeguards in place to ensure that personal information that the company is legally responsible for remains properly protected and is used appropriately when in the hands of a third party.
Do we transfer personal information overseas?
Sometimes we may need to send personal information overseas, for example as part of the fulfilment of an order. When we have to do this, we aim to put the necessary safeguards in place to ensure that the information remains properly protected and is used appropriately wherever it is located geographically. This will usually be achieved by contractual means.
How long do we keep your personal information?
We aim to keep your information for only as long as is necessary for our business needs and in compliance with any legal or regulatory duties to retain personal information for a particular period. However long we retain personal information for, we will make sure it is subject to appropriate security.
What rights do you have over your personal information?
You enjoy the following rights:
- To obtain a copy of your personal information or to have it transferred to another organisation
- To have any inaccurate personal information corrected
- To have your personal information erased if its retention is no longer justified
- To have the use of your personal information restricted – i.e. not accessed or used
- To object to your personal information being processed.
We will always give you the rights that you are legally entitled to but the rights set out above are qualified ones. Any requests will be assessed on a case-by-case basis.
Do you have to provide your personal information to us?
You are never required to provide personal information to us but you may need to do so when you enter into a contract for the provision of our services. We will not be able to provide our services unless you provide us with the personal information we need to do so.
Do we use your personal information for marketing?
Yes, we may use your personal information to carry out marketing but we aim to only contact people who want to receive marketing. If you object to marketing – whether electronic or otherwise – please let us know and we will stop contacting you.
Do we use cookies?
Yes, we use cookies to make our website work properly, to monitor its usage and to display content that we believe will be relevant to you. If you register with us or if you continue to use our site then you agree to our use of cookies.
You can block cookies by adjusting your browser settings. However, if you choose to block all cookies you may not be able to access all, or parts, of our site and some features will not work properly.
Who can you complain to if you have a concern?
If you have any concerns about the way we handle your personal information, please contact us in the first instance using the contact details below and we will do our best to help you. If we cannot not resolve your problem to your satisfaction, then you can contact your local data protection agency at The Information Commissioner’s Office. Email: casework@ico.org.uk. Tel: +44 1625 545 700. Website: https://ico.org.uk.
Please contact us if you want to know more about how we handle your personal information.
Head of IT, Bunzl UK & Ireland, Epsom Chase, 1 Hook Road, Epsom, Surrey. KT19 8TY. Tel: 01372 736 300.
DATA SHARING AGREEMENT
THIS AGREEMENT is between (1) Bunzl UK Limited (We and Us as the case may be), trading as Bunzl Catering Supplies, a company registered in England and Wales (company no. 2902454) with registered office at York House, 45 Seymour Street, London W1H 7JT; and (2) the company that employs the person accepting the terms of this agreement and/or to which we have provided access to the site (You and Your as the case may be).
Background
(A) We own and operate the Website which provides COSHH awareness training to You and Your Employees.
(B) In order to use the Website, You will input certain Data into the Website in relation to Your Employees (subject to each Employee having first agreed to such transfer) (Input) and We will store the Data and only use it for the purposes of providing COSHH awareness training and related information to Your Employee.
Agreed terms
1. Interpretation
1.1 The definitions and rules of interpretation in this clause 1apply throughout this agreement.
Applicable Law: the laws of England and Wales and the European Union and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to the Licence and/or the control and/or use of the Data.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Data: the salutation, name, address, postcode, email address and other information relating to Your use of the Website and that of Your Employees including access to COSHH awareness training and use of the Safety Data Sheets and Product Information Sheets by You and Your Employees.
Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Employee: those of Your employees or contractors whose details You Input and/or to whom You issue a Unique ID to enable each of them to access and use the Website.
Licence: shall have the meaning set out in clause 3.2.
Purpose: to enable You to monitor access by Your Employees to the Safety Data Sheets and Product Information Sheets and COSHH awareness training accessed via the Website.
Report: reports relating to and containing information on the Purpose.
Website: www.cleanlinetraining.co.uk.
1.2 Words in the singular include the plural and in the plural include the singular. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.3 References to clauses and to parties are, unless otherwise provided, references to the clauses of and to parties to this agreement.
1.4 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Any phrase introduced by the words including, includes, in particular or for example or similar shall be construed as illustrative and shall not limit the generality of the related general words.
2. Commencement and duration
2.1 This agreement shall take effect on the date that You or one of your Employees first accesses or otherwise uses the Website (whichever is earlier) and shall continue until terminated in accordance with the terms of clause 9.
3. Data Ownership and Licence
3.1 The Data shall remain Our property at all times.
3.2 You hereby grant Us a non-exclusive licence to use the Data solely for the Purpose and in accordance with terms of this agreement (Licence).
3.3 We shall be entitled to permit access to the Website and Data to such of our suppliers, contractors and group companies as is necessary to enable us to operate the Website and for all purposes including those contemplated by this agreement.
3.4 The Licence shall terminate forthwith upon termination of this agreement.
3.5 We do not warrant the accuracy or the content of the Data and shall not be liable to You or Your Employees in respect thereof.
4. Data Transfer
4.1 You may Input and download Reports (in CSV format) using a secure connection from time to time.
5. Recipient Obligations
5.1 In consideration of Us transferring the Customer Data to You and the grant of the Licence to You, You hereby agrees that You shall:
- (a) process and otherwise use the Data and the Reports only for the Purpose;
- (b) procure that the Data and the Reports are only accessed by such of Your employees who need to access them for the Purpose;
- (c) not transfer Data outside the European Economic Area without the prior written consent of Us and, where We consent to such transfer, to comply with:
- (i) the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing an adequate level of protection to any Data (including the Reports) that is transferred; and
- (ii) any reasonable instructions notified to it by Us.
5.2 You shall procure that the Data:
- (a) is protected and remains in a secure location requiring login access;
- (b) is into a secure location;
- (c) is securely archived to ensure that it is not available for future use unless and to the extent requested by an Employee;
- (d) is at all times keep secure and otherwise in accordance with best industry practice.
6. Discloser Obligations
6.1 We shall procure that the Website:
- (a) contains a link to a privacy policy which shall include details of the extent of the Purpose; and
- (b) enables each Employee to elect for its Data to be included in the Reports and used for the Purpose.
6.2 You shall procure that each Employee has consented to the transfer of the Data, for the avoidance of doubt, there shall be no obligation on Us to transfer to You any Data the consent for which has not be obtained or recorded as having been obtained.
6.3 We shall store the Data in a secure, non-public archive location.
7. Data Protection
7.1 The parties acknowledge and agree that for the purposes of Data Protection Legislation, each of them shall, in relation to the Data held by each of them, be a Data Controller.
7.2 Each party shall, in relation to the Data:
- (a) at all times comply with the provisions of Data Protection Legislation and all other applicable laws and regulations;
- (b) notify the other (within five Business Days) if it receives:
- (i) a request from any of Your Employees to have access to that person's Data; or
- (ii) a complaint or request relating to Our and/or Your obligations under the Data Protection Legislation; or
- (iii) any other communication relating directly or indirectly to the processing of any Data;
- (c) provide the other party with full co-operation and assistance in relation to any complaint or request made in respect of any Data, including by:
- (i) providing the other party with full details of the complaint or request; and
- (ii) complying with a data access request within the relevant timescales set out in the Data Protection Legislation.
7.3 You shall, in relation to the Data:
- (a) take reasonable steps to ensure the reliability of any of its personnel who have access to the Data;
- (b) not transfer or permit any third party access to Data;
- (c) within 5 Business Days of being notified by Us:
- (i) make such updates to the Data as We shall require;
- (ii) cease processing or otherwise using the Data; and/or
- (iii) delete the Data from Your records.
8. Parties Obligations
8.1 Each party shall immediately notify the other party in the event that it becomes aware of any breach or potential breach of Data Protection Legislation (or in the case of You clause 5) in relation to the Data.
8.2 You shall, at all times, indemnify the Us and keep Us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by the Us arising from any breach of Your obligations under this agreement.
8.3 Each party shall review this agreement on a recurring 6 monthly basis to ensure that it remains in continuous adherence with the terms hereof and that compliance with Data Protection Legislation by that party continues.
9. Termination
9.1 The Input, transfer of Data and downloading of the Reports shall cease upon termination of this agreement in accordance with this clause 9 but You may continue to use the Reports to the extent that they are in your possession at the date of such termination.
9.2 Without limiting its other rights or remedies, You may terminate this agreement by giving Us 3 months' written notice.
9.3 The provisions of clauses 1, 3.1, 3.3, 3.4, 3.5, 5, 6.3, 7, 8, 9.1, 9.3, 10, 11,13, 14, 15, 16, 17, 18and 19shall survive the termination of this agreement.
10. Consequences of termination
10.1 On expiry or termination of this agreement for any reason and subject to any express provisions set out elsewhere in this agreement all rights and licences granted pursuant to this agreement shall cease save as set out in this clause.
10.2 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
11. Limitation of liability:
11.1 Nothing in this agreement shall limit or exclude either party's liability for:
- (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
- (b) fraud or fraudulent misrepresentation.
11.2 Subject to clause 11.1:
- (a) We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement; and
- (b) Our total liability to You in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1.00.
12. Assignment and novation
12.1 You shall not, without the prior written consent (not to be unreasonably withheld or delayed) of Us, assign, transfer, mortgage, charge, [subcontract,] declare a trust over or deal in any other manner with any or all of its rights or obligations under this agreement.
12.2 We may assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this agreement.
13. Variations
13.1 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14. Waiver
14.1 A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
15. No partnership or agency
15.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
16. Severance
16.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
16.2 If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
17. Third party rights
17.1 A person who is not a party to this agreement shall not have any rights to enforce its terms.
18. Notices
18.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or commercial courier.
18.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 18.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
18.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Governing law and Jurisdiction
19.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).