Conditions of Sale

Please ensure you read Optimus conditions of sale thoroughly as it governs Your use of Optimus or Optimus in association with SHEilds Ltd services and limits our liability to you. By enrolling onto an Optimus in association with SHEilds course You are deemed to have accepted the conditions of sale outlined in this document.

1. Definitions

1.1. In these Conditions the following terms shall have the following meaning:-

"Accredited Course Provider" means Optimus or Optimus in association with SHEilds Ltd

"Application Form" means the form submitted by You to Optimus or SHEilds Ltd when You apply to enrol or register for a Qualification or Assessment with SHEilds Ltd;

"Conditions" means these Optimus or Optimus in association with SHEilds Ltd General Terms and Conditions for Students;

"Enrolment Fee" means the fee payable by You when You apply to become a student/candidate of Optimus in association with SHEilds;

"Guide(s)" means the guides issued by an "Awarding Body" from time to time in respect of SHEilds Ltd Qualification's;

"Malpractice Policy" means the latest policy relating to malpractice, which may from time to time be amended;

"NEBOSH" means the National Examination Board in Occupational Safety and Health (a company limited by guarantee under company number 2698100) of Dominus Way, Meridian Business Park, Leicester, LE19 1QW;

"Assessment" means assessments of practical units and/or examinations which contribute towards Your qualification;

"Optimus" means Optimus Seventh Generation Limited, a company incorporated in Scotland under the Companies Act 2006 (No SC257198) and having its registered office at Optimus House, Prospect Road, Arnhall Business Park, Westhill, Aberdeenshire, AB32 6FE

"Policies" means the policies of SHEilds Ltd and Awarding Bodies as amended, updated or added to from time to time.

"Registration Fee" means the fee payable by You when you register to undertake a specific Qualification/Assesment with Optimus or Optimus in association with SHEilds Ltd

"Scripts" means the document containing your answers to Assessments;

"SHEilds Ltd" means a company incorporated in England (No SC4623681), SHEilds House, 24 Priory Tec Park, Hessle, UK, HU13 9PB

"Awarding Body" means NEBOSH, IOSH or other organisation providing accreditation for Qualification's to SHEilds Ltd;

"You" or "Your" refers to You, the student or prospective student for SHEilds Ltd Qualification's;

2. Scope of Conditions of Sale

2.1. These Conditions govern Your relationship with Optimus or Optimus in association with SHEilds Ltd and the Awarding Body which may come into force through any registration or enrolment You commit to through Optimus or Optimus in association with SHEilds Ltd. For the avoidance of any doubt Awarding Bodies are not responsible for the provision of teaching, tutorial or other such services at any venue or centre.

2.2. Pursuant to clause 2.1 these Conditions shall set out the basic obligations of Optimus or Optimus in association with SHEilds Ltd and Your obligations and responsibilities which includes but is not limited to fees and payments.

2.3. When You enrol upon a programme of study for Your Qualification's Your contract for that programme of study is with Optimus or Optimus in association with SHEilds Ltd. the Awarding Body is not a party to this contract.

3. Payment of Fees

3.1. Optimus and SHEilds Ltd fees are subject to UK VAT

3.2. Optimus and SHEilds Ltd course fees exclude examination registration and sitting fees unless specified

3.3. The full fee or an official purchase order must accompany Your purchase or application for the programme. Where a purchase order is received, the invoiced fees are payable within 30 days. Any company sponsoring an applicant is responsible for the fees in all circumstances.

3.4. You may also be liable for further additional fees (including but not limited to a fee for reviewing marks, registration fees, renewal fees and additional administration fees) which may not be set out in Your contract with Optimus or SHEilds Ltd or the Awarding Body.

4. Enrolment, Transfer and Cancellation

4.1. By enrolling for a qualification with Optimus in association SHEilds Ltd (whether You apply directly or whether a third party applies on Your behalf) You accept these Conditions.

4.2. Your enrolment with Optimus or Optimus in association with SHEilds Ltd will only be effective if and when Optimus or Optimus in association with SHEilds Ltd sends to You its official enrolment receipt and Optimus has received in full the Enrolment Fee and (if applicable) any other fee specified by it.

4.3. Enrolment is for the purposes of identifying You, to Optimus or Optimus in association with SHEilds Ltd with whom You are studying, tracking progress through Qualification's, confirming Your eligibility to participate in Awarding Body Assessments and confirming previous units attained by You which count towards Awarding Body Qualification's.

4.4. When enrolling for a qualification You are agreeing to abide by the regulations for that qualification, as set out by the Awarding Bodies to that qualification.

4.5. Qualification's, in part or whole, cannot be transferred to another party.

4.6. Optimus reserves the right to postpone or cancel any open courses in the case of insufficient delegate numbers. Every effort will be made to transfer delegates to an alternative course where possible.

In the event that a booking is cancelled by the client, course postponed by the client or a transfer requested to an alternative date, the following charges will apply and reflect the time and resources committed by Optimus.

Notification of cancellation or postponement must be received in writing by the client.

Open Courses

  • Cancellation up to 15 days - No Fee
  • Cancellation 14 days or less - Full Course Fee
  • Delegate did not attend - Full Course Fee
  • Expenses already incurred by Optimus

Elearning Courses

  • After seven days following the date of purchase have elapsed fee paid are non-refundable.

Requests for refunds must be made in writing to: This email address is being protected from spambots. You need JavaScript enabled to view it. or Optimus House, Prospect Road, Arnhall Business Park, Westhill, AB32 6FE.

4.7 No refunds will be offered to You for part or fully completed courses.

4.8 No refunds will be offered to You if any course material has been downloaded from Your qualification(s).

5. Programme of Study

5.1. The qualification material supplied to You at the start of Your programme is written to meet the requirements of the published syllabus at that time. These materials, when used in conjunction with any supplementary materials provided during Your period of study and the tutorial support, provide all the information required for successful completion of Your programme.

5.2. Each enrolment is for a single user only. On registration, You will be allocated a user name and password ("ID"). You are responsible for all use of the Services using Your ID and for preventing unauthorised use of Your ID.

5.3. The price quoted to You or stated within our brochures and or website(s) is correct at the time of publication and is subject to change at any time.

5.4. Over the period of Your programme You will have access to Your course tutor by email, forums, letter and telephone during normal UK working hours from Optimus or Optimus in association with SHEilds Ltd.

5.5. Your course access shall not exceed 12 months from the date of purchase.

5.6. Optimus and SHEilds Ltd accepts no responsibility for changes to the availability or syllabus content of the accredited courses as set by the Awarding Body. Should Your syllabus be phased out, at any time during Your study or assessment period, we can only extend this to the last available date for which Your course is valid. Students wishing to transfer to a new syllabus will incur a charge for this as deemed appropriate by us. In the event of changes to the syllabus and assessment criteria, we reserve the right to alter the content or structure of a course without prior notice being given to You.

6. Eligibility for study

6.1. All Optimus or Optimus in association with SHEilds Ltd Qualification's are delivered and examined in English (unless specified in the advertised course description).

6.2. Should English not be Your first language, it is Your responsibility to ensure that Your proficiency in both written and oral English is of a sufficient standard to enable You to meet the demands of both Your studies and the examination(s).

6.3. Qualification's official titles which include the word "National" are based upon UK legislation and are not designed for none UK based applications.

6.4. Qualification's official titles which include the word "International" are based upon no specific Countries legislation, however, are based on international codes of best practice are designed for International applications.

7. Assessments and Reasonable Adjustments

7.1. It is Your responsibility to ensure You have registered for the appropriate examination, date and venue. Optimus and SHEilds Ltd cannot be held responsible for mistakes.

7.2. Optimus or Optimus in association with SHEilds Ltd Assessment closing dates are set independently of the Awarding Body.

7.3. For assessment registrations received after SHEilds Ltd closing date, SHEilds Ltd reserve the right to refuse acceptance of Your application.

7.4. Where SHEilds Ltd accept late assessment registrations, an additional charge will apply.

7.5. You have the right to apply for reasonable adjustment should You feel You will be at a disadvantage during Your Assessment.

7.6. Your application for reasonable adjustment must be accompanied by substantiated evidence of Your disadvantage.

7.7. Your application for reasonable adjustment must be sent to; email: This email address is being protected from spambots. You need JavaScript enabled to view it. or SHEilds House, 24 Priory Tec Park, Saxon Way, Hessle HU13 9PB UK and must be received by SHEilds Ltd prior to Your selected examination registration closing date.

7.8. Additional charges may be incurred by You for the implementation of Reasonable Adjustments

8. Registration for NEBOSH Assessments

8.1. When registering for assessment to a qualification You are agreeing to abide by the regulations for that assessment, as set out in the NEBOSH "Guide" to that qualification.

8.2. Refund of fees will be made in respect of cancelled registrations only where corroborated by a medical certificate or doctor's note relating to the inability of the candidate to sit the examination(s) through illness. In such cases the fee will be refunded less a deduction of 30% to cover administration costs. Refunds will not be made in respect of any additional costs incurred by the candidate. All claims for refunds must be made no later than one calendar month following the examination(s).

8.3. Fees and registrations are not transferable to alternative examinations or later examination sittings, or between candidates

9. Optimus and SHEilds Ltd Liability

9.1. Optimus and SHEilds Ltd expressly excludes liability for:

9.2.1 Any loss or damage to Your property unless caused by the negligence of Optimus or SHEilds Ltd or its employees;

9.2.2 Any loss of profit, loss of earnings, loss of opportunity or loss of living expenses or any indirect loss suffered by You due to the breach by Optimus or SHEilds Ltd of any obligation to You or due to any other act or omission or negligence of Optimus or SHEilds Ltd or its employees or agents.

9.3. Neither You nor Optimus nor SHEilds Ltd shall have any liability to each other for any failure or delay in the performance of obligations due to any cause beyond the relevant party's reasonable control.

9.4. Optimus or SHEilds Ltd shall have no liability to You should its website be unavailable to access at any time or fails to perform within usual parameters or at all. Neither Optimus or SHEilds Ltd does not guarantee that its website is free from virus and will be uninterrupted or error free.

10. Memberships

10.1. The memberships which are advertised as being available upon completion of Optimus or Optimus in association with SHEilds Ltd courses are not guaranteed and are subject to the individual applying and being accepted by the membership body.

10.2. Applying for memberships with awarding bodies may incur additional fees which are for the Candidates own account.

10.3. All memberships are subject to acceptance by the applicable institutes, some levels of memberships with the institutes require a minimal amount of practical experience in addition to Qualification's.

10.4. The level of membership offered is at the discretion of the applicable institute at all times.

10.5. Progression from GradIOSH to CMIOSH is through an IPD scheme administered by IOSH and is at IOSH discretion.

11. Termination

Optimus or SHEilds Ltd may terminate Your enrolment or registration at any time by written notice if:

11.1 You breach these Conditions or any terms and conditions contained in any letter confirming Your enrolment or any documents or Policies issued by Optimus or SHEilds Ltd or the Awarding Body at any time; or

11.2 You fail to pay any fees due to Optimus or SHEilds Ltd; or

11.3 You have provided Optimus or SHEilds Ltd whether through a third party or otherwise with any false or misleading information; or

11.4 You do not meet all of the administrative or academic requirements specified in the Guides issued by the Awarding Body; or

11.5 Any of the instances set out in clause 12 below occur; or

11.6 You are involved in any malpractice pursuant to the Awarding Bodies Malpractice Policy.

11.7. Should Optimus or SHEilds Ltd terminate Your learning programme there will be no refund of any funds paid.

12. Verbal or Physical Abuse

Optimus or SHEilds Ltd will not tolerate verbal or physical abuse of its employees or agents. Any such incident of abuse may lead to:

a) restriction of communications with You to a specified means e.g. via letter or email only or

b) in cases which Optimus or SHEilds Ltd, at their sole discretion, considers to be serious or in repeated cases of physical or verbal abuse, termination of enrolment and / or registration with Optimus or SHEilds Ltd and the Awarding Body, and / or exclusion from future enrolment or registration with Optimus or SHEilds Ltd and the Awarding Body.

13. Intellectual Property Rights and Nebosh Website

13.1 All copyright and other intellectual property rights in Course material purchased from SHEilds Ltd shall remain vested in SHEilds Ltd and such materials may not be reproduced/copied/distributed in any way without the prior written consent of SHEilds Ltd or as required by law.

13.2 All copyright and other intellectual property rights in Course material purchased from Optimus shall remain vested in Optimus and such materials may not be reproduced/copied/distributed in any way without the prior written consent of Optimus or as required by law.

13.3 If You access Optimus or SHEilds Ltd website You must do so only subject to Optimus or SHEilds Ltd terms of use on their website. You are responsible for keeping secure Your password and student personal identification number and You agree not to disclose it to any third party.

14. General

14.1 Failure by Optimus or SHEilds Ltd to enforce strict compliance with these Conditions by You shall not be considered to be a waiver of any provisions of these Conditions. No waiver by Optimus or SHEilds Ltd of any breach by You of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

14.2. Optimus or SHEilds Ltd will post parchments/certificates by standard royal mail (unless recorded delivery is requested and paid for by You), Optimus or SHEilds accept no responsibility for non delivery of items posted.

14.3 If any provision of these Conditions is invalid or unenforceable in whole or in part; the validity of the other provisions of these conditions and the remainder of the provision in question, shall not be affected.

14.4 A person who is not a party to the contract governed by these Conditions shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted to an Accredited Course Provider further to these Conditions but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

14.5 The contract governed by these Conditions shall be governed by and interpreted in accordance with English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

15. Data Protection

15.1 Optimus and SHEilds Ltd will hold personal information about You and will use the information as follows:-

15.1.1 To process Your applications to Optimus or SHEilds Ltd and administer Your enrolment and registration for Awarding Body Assessments;

15.1.2 To respond to requests from employers or employment agencies by providing verification or otherwise of information provided by You to employers or employment agencies of Qualification's gained through Optimus or SHEilds Ltd You hold in connection with applications for employment;

15.1.3 To respond to queries raised by You or the Awarding Body

15.1.4 To deal with any disciplinary matters in respect to You;

15.1.5 To recover any monies owed by You to Optimus or SHEilds Ltd;

15.1.6 To administer Optimus or SHEilds Ltd policies;

15.1.7 To notify You of Your Awarding Bodies Assessments results;

15.1.8 To liaise with the Awarding Body and exchange information relating to You;

15.1.9 To make You aware of services Optimus or SHEilds Ltd and other similar organisations can offer including information on current and future courses and Qualification's unless You have notified us that You have opted out of receiving such information;

15.1.10 To carry out research to help Optimus or SHEilds Ltd to improve and plan its Qualification's;

15.1.11 For research purposes (in which case Your details will be anonymous); and

15.1.12 As otherwise permitted by the Data Protection Act 1998.

15.2 If You are studying outside the European Economic Area Optimus or SHEilds Ltd may need to transfer Your personal information to the course providers with whom You have enrolled outside the European Economic Area to use Your information so that services intended by these Conditions can be provided to You. Countries outside the European Economic Area may not give the same level of protection to Your personal data as is available in the European Economic Area. By enrolling with Optimus or SHEilds Ltd where You are studying outside the European Economic Union You explicitly consent to such transfer of Your personal information.

15.3 You hereby consent to Optimus or SHEilds Ltd emailing Your results to You if it so decides.

15.4 You hereby consent to Optimus or SHEilds Ltd featuring Your results on its website. In this event Your results will be accessible only to You and SHEilds Ltd and identifiable via Your student Username and Password.

16. Additional information

16.1 By enrolling onto an Optimus or Optimus in association with SHEilds Ltd course You agree to accept our stakeholders terms and conditions which can be found on their websites or by following the below links:
NEBOSH General Terms & Conditions for Students Version 2
IOSH Terms & Conditions

16.2 Optimus are a registered UK Company 257198

16.3 Optimus are VAT registered in the UK, VAT No 829169104

16.4 Optimus UK Head Office: Optimus House, Prospect Road, Arnhall Business Park, Westhill, AB32 6FE

16.5 Optimus UK telephone number +44(0)1224 766700

16.6 Optimus UK main email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

16.7 Optimus UK Website: www.optimus-she.com

17. Statutory Rights

These Conditions shall not affect your statutory rights as a consumer.