Privacy Policy

These Terms and Conditions (the “User Terms”) apply to the extent that you are an individual consumer who is registered to use products or services provided by us, Hydrogen Safe (these products and services are together referred to as the “Services”). If you are accessing the Services in the course of business, our business terms and conditions apply, which can be accessed here. Please read these User Terms and the Quote(s) provided to you (together, the “Agreement”) carefully. By accessing the Services, you confirm that you accept and agree to abide by the Agreement. Terms used in the Agreement shall, unless otherwise defined in a Quote, have the meaning given to them in these User Terms. For the purposes of interpretation, the order of precedence shall be as follows: first, the Quote, and last, the User Terms.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. We would encourage you to read the full terms of this Agreement, and specifically we would draw your attention to: our right to cancel or suspend provision of the Services (Sections 3.5, 4.2 and 11.2), what we are not responsible or liable for (Section 10.4), how we use your personal information (Section 12), the usage restrictions for the Services and Deliverables (as defined below)(Sections 3.5, 8.3 and 8.5), and any fees that may apply if you change or cancel your booking (Sections 5.5 and 5.8). For issues or if you need further information, please email us at enquiries@hydrogen-safe.org.

1. Definitions

1. 1.1Admin Fee means a fixed fee of £100 (plus VAT if applicable), reflecting Hydrogen Safe's reasonable costs of carrying out additional administrative work requested by you after a Quote has been accepted (including rescheduling, liaising with venues or suppliers, updating materials, and corresponding with you).
2. 1.2Affiliate means any legal entity which controls, is controlled by, or is under the common control of Hydrogen Safe (meaning the ownership of more than 50% of assets or stock with control over day-to-day operations).
3. 1.3Background IP means all technology, data, know how, technical expertise, intellectual property and Intellectual Property Rights belonging to or licensed by a Party or its Affiliates prior to the date of a Quote, or which are developed or acquired by, or licensed to, a Party or its Affiliates during the term of the Agreement (in each case other than Deliverables, any New IP, any Improvements and any licence granted to it by the other Party).
4. 1.4Client Information means any confidential or proprietary information, Client Background IP or data provided by you to Hydrogen Safe to enable Hydrogen Safe to perform its obligations under the Agreement, not including Feedback.
5. 1.5Confidential Information means: (i) Hydrogen Safe Materials; (ii) Client Information; (iii) the terms of the Agreement; and (iv) any other information which is identified in writing as "confidential" or "proprietary" or which a reasonable business person would understand, having regard to the nature of the information and the circumstances of its disclosure, to be confidential.
6. 1.6Deliverables means the reports, recordings, course materials and other results of the Services, including the deliverables identified in the Quote.
7. 1.7Documentation means the material, user guides, and manuals provided by Hydrogen Safe to you for use in connection with the Services.
8. 1.8Expenses means the reasonable and documented expenses incurred by Hydrogen Safe to provide Services to you, including hotel, meal, and travel costs.
9. 1.9Fees means the amount payable to Hydrogen Safe for the Services. Fees are inclusive of Expenses but exclusive of Taxes, which will be charged to you separately (if applicable) at the prevailing rate.
10. 1.10Improvements has the meaning given to it in Section 8.6.
11. 1.11Intellectual Property Rights means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trade mark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
12. 1.12Party means Hydrogen Safe or you, as applicable (and "Parties" shall be construed accordingly).
13. 1.13Permitted Purposes means your personal, non-commercial educational purposes, unless otherwise agreed pursuant to a Quote.
14. 1.14New IP means any and all Intellectual Property Rights, which are developed, created, written, made, conceived or generated by Hydrogen Safe (or any of its Affiliates) or their employees, agents, representatives or subcontractors through the conduct of the Services or otherwise under or in connection with the Agreement.
15. 1.15Order Term has the meaning given to it in Section 11.1.
16. 1.16Quote means a written quotation issued by Hydrogen Safe to you (whether by email or other written means), which references these User Terms and sets out the Services to be provided together with the applicable Fees, Expenses, Deliverables, Order Term, and any other terms as agreed.
17. 1.17Section means a section of these User Terms.
18. 1.18Services means the work performed by Hydrogen Safe for you pursuant to a Quote.
19. 1.19Hydrogen Safe Materials means: (i) all Hydrogen Safe Background IP; (ii) Documentation and Deliverables; (iii) New IP; (iv) all other information, data, hardware, software, and other technologies or deliverables that are provided or used by Hydrogen Safe in connection with the Services, not including Third-Party Materials; and (v) any Improvements.
20. 1.20Taxes means value-added or sales, use, import, or any taxes, other than taxes assessed upon the income of Hydrogen Safe, which are chargeable on Services and the Fees payable hereunder.
21. 1.21Third-Party Materials means materials and information, including any open-source or other software, documents, data, content or components that are not proprietary to Hydrogen Safe.

2. About Us

1. 2.1Who we are. We are Hydrogen Training Limited, a company registered in England under company number 16442799 and whose registered office is at Lynwood House, Crofton Road, Orpington, Kent, BR6 8QE, United Kingdom ("Hydrogen Safe", "we", "our", "us").
2. 2.2How to contact us. You can contact us by writing to us at enquiries@hydrogen-safe.org or by telephone on 01959 542606.
3. 2.3How we may contact you. If we have to contact you, we will usually do so at the email address provided in your Quote.

3. Services

1. 3.1Grant of Access. Subject to the terms and conditions of the Agreement, and subject to your agreement to the Quote as outlined in Section 3.2 below, Hydrogen Safe grants you a non-exclusive, revocable, non-transferable, non-sublicensable right for you to access and use the Services set forth in a Quote for the Permitted Purposes during the applicable Order Term. You must not use the Services or Hydrogen Safe Materials for commercial or business purposes.
2. 3.2A Quote shall be deemed accepted, when the earliest of the following occurs: (i) you communicate your agreement to the Quote to Hydrogen Safe in writing (email to suffice); or (ii) Hydrogen Safe receives any payment from you in respect of the Quote.
3. 3.3Hydrogen Safe will use commercially reasonable efforts to make the Services available to you, provided that Hydrogen Safe will not be liable for any availability outage resulting from downtime or maintenance of the Services or from factors outside of Hydrogen Safe's reasonable control. Hydrogen Safe will endeavour to provide the Services within the timeframe set out in the Quote but time is not of the essence for Hydrogen Safe's obligations hereunder.
4. 3.4If applicable to the Services, certificates (digital or printed) are issued only upon successful completion of the training and full payment of Fees.
5. 3.5Use Restrictions. You shall not, and shall not permit any third party to:
   1. copy, modify, or create derivative works of the Hydrogen Safe Materials;
   2. except as expressly set forth herein, rent, lease, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any of the Hydrogen Safe Materials to any third party;
   3. reverse engineer, disassemble, decompile, adapt, or otherwise attempt to derive or gain access to the source code of any Hydrogen Safe Materials;
   4. input, upload, transmit, or otherwise provide to Hydrogen Safe any materials that are unlawful or injurious, or contain or transmit any virus, worm, malware, or other malicious computer code;
   5. access or use the Hydrogen Safe Materials to develop a competing service or product;
   6. without Hydrogen Safe's express prior written consent, use Hydrogen Safe Materials in connection with or in order to train any deep learning, machine learning, large language model and/or other artificial intelligence technologies; or
   7. otherwise access or use the Hydrogen Safe Materials except as expressly authorised in the Agreement.
   Any breach of this Section 3.5 (or any other terms of the Agreement) may result in the termination of the applicable Quote and/or the contract between us, and Hydrogen Safe reserves the right to suspend your access to the Hydrogen Safe Materials upon any such reasonably suspected breach.
6. 3.6Delivery. Delivery of the Services is deemed to occur when the Services (or each Service milestone, as applicable) are completed in accordance with the Quote.

4. Fees

1. 4.1Fees, Expenses and Taxes. You agree to pay Hydrogen Safe the Fees as stated in the Quote in accordance with the terms set forth herein. You will pay the Fees in the currency specified in the Quote. The Fees are all inclusive, including of all Expenses but exclusive of Taxes, which will be charged separately to you (if applicable) at the prevailing rate.
2. 4.2Payment. You will pay Hydrogen Safe the Fees set forth in a Quote within 30 days from receipt of an invoice issued to you by Hydrogen Safe, in accordance with the payment details and method set out on the invoice. Hydrogen Safe may: (i) accrue interest at the lesser of 1% per month or the highest rate permitted in law; and/or (ii) discontinue the provision of Services (including cancelling any booking and suspending your access to Hydrogen Safe Materials) if payment is not received when due. You have no right of set-off.
3. 4.3Credit Card Payment. Should Fees be paid by you using a credit card, you expressly authorize Hydrogen Safe or its agents to charge all Fees incurred pursuant to the Agreement to such credit card, and such authorisation will survive termination of the Agreement until there are no Fees remaining due. If you use a credit card and Hydrogen Safe does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by Hydrogen Safe. You must notify Hydrogen Safe of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Hydrogen Safe from charging the account.
4. 4.4Nothing in this Section affects your legal rights to cancel the contract during the cancellation period as set out in Section 5.

5. Cancellations and Refunds

1. 5.1Right to cancel. You have the right to cancel the Agreement within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the Services during the cancellation period. This is further explained in this Section 5.
2. 5.2The cancellation period will expire 14 days after the day of the Quote is signed by you (or accepted by you electronically through the Hydrogen Safe website (including via clickwrap or similar electronic means)).
3. 5.3To exercise the right to cancel, you must inform us of your decision to cancel the Agreement by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page.
4. 5.4We will not start providing the Services during the 14-day cancellation period unless you ask us to. When you place an order for Services, you will be given the option to request for us to start providing the Services during the cancellation period. By using this option, you acknowledge that you will lose your right to cancel the Agreement. If you do not notify us that you would like us to start providing the Services during the cancellation period, we will not be able to start providing the Services to you until the cancellation period has expired. We are not obliged to accept any such request. This means that if you requested for us to start providing the Services during the cancellation period and the Services are fully performed during this period, you lose your right to cancel and will be required to pay the full price under the Agreement even if the cancellation period has not expired.
5. 5.5Effects of cancellation. If you cancel the Agreement, we will reimburse to you all payments received from you unless you requested for us to start providing the Services during the cancellation period, in which case you must pay us:
   1. for the Services we provided up to the time you told us that you want to cancel this contract;
   2. any reasonable non-recoverable costs actually incurred by Hydrogen Safe as a result of the cancellation, including but not limited to those relating to venue bookings, trainer bookings, accommodation, travel, printing of materials or fees charged by third-party suppliers; or
   3. the full price under this contract, if you lost your right to cancel this Agreement because the Services were fully performed during the cancellation period.
6. 5.6We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Agreement.
7. 5.7We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. 5.8Should you wish to amend any term agreed in a Quote (including any course dates) after the cancellation period, you will notify Hydrogen Safe. If Hydrogen Safe agrees to accept the requested amendment, Hydrogen Safe may charge you the Admin Fee for the additional administrative work involved. Hydrogen Safe will notify you of any Admin Fee before processing the amendment.

6. Representations and Warranties

1. 6.1Subject to the other provisions of these User Terms (and to the extent permitted under applicable law): (i) the content of any Deliverables and Hydrogen Safe Materials is provided "AS IS" and without warranty; and (ii) your sole and exclusive remedy and Hydrogen Safe's sole obligation for breach of the Services warranty is for Hydrogen Safe to use commercially reasonable efforts to correct materially defective Services at no additional charge to you.
2. 6.2Disclaimer. To the fullest extent permitted by applicable law: (i) Hydrogen Safe and its third-party providers hereby disclaim all express or implied warranties, conditions and other terms, whether statutory, arising from course of dealing, or otherwise; and (ii) you assume all risk in using the results of Service(s). In particular, the completion of any training course delivered by Hydrogen Safe does not constitute or imply a certification of competency to safely work with or around hydrogen. Hydrogen Safe disclaims any and all liability for incidents, damages, or losses arising from or subsequent to the delivery of the Services, to the fullest extent permitted by applicable law.

7. Your Obligations

1. 7.1Feedback. You will cooperate with Hydrogen Safe in providing prompt and timely information, notices, and feedback in relation to the Services. You hereby agree that Hydrogen Safe shall own all rights in and to any such feedback you may provide, and to the extent you own any rights in such feedback, you hereby agree to assign all such rights in full to Hydrogen Safe at no additional cost or consequence. You understand that we can use any feedback however we wish, and at our discretion.
2. 7.2Your Obligations. You acknowledge that the ability of Hydrogen Safe to perform Services in the timeframe set forth in a Quote may be contingent upon your timely provision to Hydrogen Safe of Client Information. Hydrogen Safe's time of performance will be increased, day-for-day to match any delay caused by your failure to submit Client Information by the dates set forth in the Quote. Hydrogen Safe will promptly notify you of the estimated impact on its performance, if any, as a result of an event described in this Section 7.2.
3. 7.3You are solely responsible for the Client Information, including its accuracy, legality and quality, and you represent and warrant that you have the necessary rights to the Client Information, so that Hydrogen Safe's use will not infringe or misappropriate any third-party Intellectual Property Rights, or violate any applicable law.
4. 7.4You shall at all times behave respectfully toward trainers and other attendees of Hydrogen Safe courses provided as part of the Services. In particular, you will: (i) refrain from disruptive or inappropriate behaviour; and (ii) follow all instructions and safety guidelines provided by Hydrogen Safe or its designees during in-person sessions. Any failure to so comply may result in your removal from any course provided as part of the Services without a refund.
5. 7.5Where applicable to the Services, you will ensure that you have access to a webcam for all Hydrogen Safe courses and assessments to enable full participation.
6. 7.6Unless otherwise agreed in writing between the Parties, you must not record, audio-record, video-record, screen-record, screenshot or otherwise capture any live training sessions or other core training content forming part of the Services (including presentations or on screen materials), nor copy, reproduce, distribute or share such content with any third party.

8. Ownership of Intellectual Property

1. 8.1Hydrogen Safe (or its third-party providers) owns all Hydrogen Safe Materials and Deliverables and you own all Client Information.
2. 8.2Client Property. Client Background IP shall at all times remain your property. Except as specified in the next sentence, Hydrogen Safe acknowledges that it is granted no right, title, interest or license hereunder, directly or indirectly, under any Client Background IP. In the event you provide to Hydrogen Safe any Client Background IP for use in the Services, you grant Hydrogen Safe a non-exclusive, royalty-free, sublicensable licence during the Term to use, modify or add to such Client Background IP to the limited extent necessary to allow Hydrogen Safe to carry out the Services and prepare and develop the Deliverables for you. For the avoidance of doubt, this licence shall last only until the termination or expiry of the Agreement unless otherwise agreed in writing between the Parties.
3. 8.3Deliverables. Hydrogen Safe hereby grants you a non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up, worldwide right and licence to use the Deliverables that are expressly designated by Hydrogen Safe as materials you may retain (such as training booklets) for the Permitted Purposes. This licence is subject to the use restrictions set out in Section 7.6. For the avoidance of doubt, you are not permitted to provide the Deliverables to any third party(s).
4. 8.4Trade marks. You will not remove, alter or obscure any copyright, trademark, or other proprietary notices of Hydrogen Safe or any third-party on any materials received from Hydrogen Safe and you will reproduce all such notices on all copies of such materials (where copying is permitted).
5. 8.5Your use of Third-Party Materials is licensed by their applicable provider, and Hydrogen Safe makes no warranties and assumes no liability for your use of Third-Party Materials. You acknowledge that certain Third-Party Materials may be subject to third-party licence terms or usage restrictions. You agree to comply with all applicable third-party terms, conditions and restrictions and shall not use the Third-Party Materials in any manner that would violate such terms.
6. 8.6Improvements. Any improvement, development, enhancement, modification or derivative of the Hydrogen Safe Materials or the Deliverables ("Improvements") that is made, developed or created by or on behalf of Hydrogen Safe in the course of providing the Services during the Term (including where this arises from feedback, comments, suggestions or other input you provide) shall vest in and be owned by Hydrogen Safe, together with all related Intellectual Property Rights. For the avoidance of doubt, Improvements do not include Client Background IP, or any Intellectual Property Rights owned by you independently of the Services, and nothing in this Agreement grants Hydrogen Safe any rights to use Client Background IP beyond the limited licence expressly granted under Section 8.2, unless otherwise agreed in writing between the Parties. Any Improvements shall constitute Hydrogen Safe Materials and Confidential Information and shall be subject to the confidentiality obligations set out in Section 9.

9. Confidential Information

1. 9.1In connection with the Agreement, each Party (as the "Disclosing Party") may disclose Confidential Information to the other Party (as the "Receiving Party"). The Receiving Party shall safeguard the Confidential Information using at least the degree of care it uses to protect its own information and in no event using less than reasonable care.
2. 9.2Confidential Information does not include information that: (i) was rightfully known to the Receiving Party without restriction prior to its disclosure by the Disclosing Party; (ii) was or becomes generally known by the public other than by the Receiving Party's breach of the Agreement; (iii) was or is received by the Receiving Party on a non-confidential basis from a third party under no obligation to maintain confidentiality; or (iv) the Receiving Party can demonstrate by written or other documentary records was or is independently developed.
3. 9.3The Receiving Party shall only access or use Confidential Information as necessary to exercise its rights or perform its obligations under the Agreement. Hydrogen Safe will only disclose Confidential Information to those who need to know under the Agreement.
4. 9.4If the Receiving Party is compelled to disclose any Confidential Information, it shall: (i) promptly, and prior to such disclosure, notify the Disclosing Party in writing; and (ii) provide reasonable assistance to the Disclosing Party to oppose such disclosure or seek a protective order. If the Receiving Party remains required by law to disclose such Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that it is legally required to disclose.

10. Liability

1. 10.1Our standards of service. Hydrogen Safe will exercise reasonable care and skill in performing its obligations under the Agreement.
2. 10.2We are responsible to you for foreseeable loss and damage caused by us. If Hydrogen Safe fails to comply with these User Terms, Hydrogen Safe is (subject to the remainder of these User Terms) responsible for loss or damage you suffer that is a foreseeable result of that failure, but Hydrogen Safe is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
3. 10.3We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; or for fraud or fraudulent misrepresentation.
4. 10.4What we are not responsible or liable for. Except as set out in Sections 10.2 and 10.3 above, Hydrogen Safe is not liable to you for any other losses or damages you may suffer, including any indirect or consequential losses.

11. Termination

1. 11.1Term. The term of the Agreement commences on the date of the first Quote entered into by the Parties and, unless terminated earlier in accordance with these User Terms, will continue in effect until the expiration of all active Quotes (the "Term"). Each Quote will continue for the period set forth therein (the "Order Term").
2. 11.2Termination. Either Party may terminate the Agreement if: (i) the other Party commits a breach of any material term or condition of the Agreement and does not cure such breach within 30 days of written notice; or (ii) the other Party's assets are transferred to an assignee for the benefit of creditors, to a receiver or to a trustee in bankruptcy, a proceeding is commenced by or against the other Party for relief under bankruptcy or similar laws and such proceeding is not dismissed within 60 days, or the other Party is adjudged bankrupt.
3. 11.3Effect. Termination or expiration of the Agreement does not relieve either Party of any duty or obligation arising prior to such termination. Upon the termination of the Agreement, all Fees owed by you through the date of termination for Services provided prior to the date of termination will automatically and immediately become due and payable. Upon any expiration or termination of a Quote, all rights and licences herein with respect to such Quote will immediately terminate, and you shall promptly return to Hydrogen Safe or destroy all of the Hydrogen Safe Materials and Hydrogen Safe Confidential Information in your possession or control which are applicable to such Quote (and not any other still-active Quote), provided that, so long as the termination was not due to your uncured material breach or insolvency, you may continue to retain and use any previously received Deliverable in the same manner as prior to the termination or expiration (subject to the use restrictions herein). Upon Hydrogen Safe's request, you shall certify to Hydrogen Safe in writing that you have complied with the requirements of this Section 11.
4. 11.4Survive Terms. The provisions of Sections 1, 3.5, 4.2, 4.3, 5.5, 6, 7, 8, 9, 10, 11, 12 and 13 of these User Terms will survive the expiration or termination of the Agreement and continue in full force and effect.

12. Your Personal Information

1. 12.1We will only use your personal information as set out in our Privacy Policy and Cookie Policy available here: [insert link].

13. Miscellaneous

1. 13.1Independent Contractors. The Parties are independent contractors and nothing in the Agreement will be construed to create a partnership, joint venture or employment relationship between the Parties.
2. 13.2Entire agreement. The Agreement sets forth the entire agreement between the Parties and supersede any and all prior proposals, written or oral, of the Parties with respect to the subject matter hereof.
3. 13.3Modification. Save as outlined in Section 5.8, the Parties may not modify, alter, or amend the Agreement, except by written instrument duly executed by authorised representatives of both Parties.
4. 13.4Waiver. No failure or delay by either Party to exercise any right they may have operates as a waiver of their rights at any future time.
5. 13.5Assignment. You may not assign, transfer, subcontract or otherwise delegate any of your rights and obligations under the Agreement to any third-party (whether directly or indirectly, by operation of law or otherwise) without the prior written consent of Hydrogen Safe, which consent may be granted in Hydrogen Safe's sole discretion. Hydrogen Safe may assign or transfer any of its rights or obligations under the Agreement to any third party without notice to you. Any assignment or transfer in violation of this provision is void.
6. 13.6Binding on Successors. The Agreement shall be binding on the Parties, their successors, and assigns.
7. 13.7Choice of Laws. The Agreement will be construed under the laws of England, without regard to its conflicts of law principles and each Party hereby submits to the exclusive jurisdiction of the Courts of London, England.
8. 13.8Force Majeure. Either Party may be excused from the performance of any obligation under the Agreement, due to any act or condition whatsoever beyond the reasonable control of such Party, including, acts of God, acts of terrorism, acts of nature, acts of government, internet outages, fires, floods, wars, or other catastrophes, labour disturbances, freight embargos; or delays of a supplier or subcontractor due to such causes. Nothing in this Section shall exonerate either Party from its responsibility to make any legally-permissible monetary payment provided for under the Agreement.
9. 13.9Severability. If any provision of the Agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect.
10. 13.10Notice. All notices under the Agreement must be in writing and delivered by commercially established courier service; facsimile with written confirmation of delivery; email with written confirmation of delivery; or via certified mail, return receipt requested, to the addresses specified on the Quote; or at such other addresses as the Parties designate in writing from time-to-time. Notices are deemed delivered when received by any of the above means.
11. 13.11Publicity. You may not use Hydrogen Safe's name or logo except with Hydrogen Safe's express prior written consent.
12. 13.12Third-Party Rights. No term of the Agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a Party to the Agreement.
13. 13.13Interpretation. Headings contained in these User Terms are for convenience of reference only and shall not affect the meaning and interpretation of the User Terms. Any words that follow "include", "includes", "including", "in particular", or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition, or description preceding those words.
14. 13.14Electronic Signatures. Each Party consents to the other Party's use of electronic signatures on the Quote. Neither Party may object to the legal effect or enforceability, as a result of such electronic signature, which will be considered to be an original binding signature.