- About these Terms
These Website Terms and Conditions (“Terms”) govern your use of the Smart Awards Ltd website (“Website”).
By accessing or using the Website, you agree to these Terms. If you do not agree with these Terms, you should not use the Website.
These Terms should be read alongside our:
- Privacy Statement;
- Cookie Statement Policy; and
- any specific terms, policies or agreements applying to Smart Awards services, qualifications, assessments, schemes or online systems.
Where you are an approved centre, training provider, employer, contractor or other organisation with a separate agreement with Smart Awards, that agreement will continue to apply to the relevant services. If there is a conflict between these Website Terms and a specific contractual agreement, the specific contractual agreement will take precedence in relation to those services.
- About Smart Awards
The Website is operated by
Smart Awards Ltd (“Smart Awards”, “we”, “us” or “our”).
Smart Awards provides awarding, qualification, apprenticeship assessment, End-Point Assessment and associated services, including the Network Operative Passport Scheme (NOPS).
Smart Awards is responsible for the content and operation of this Website, subject to these Terms.
Our registered company and contact information is available through the Website and applicable company records.
- Use of the Website
You may use the Website for lawful purposes and to obtain information about Smart Awards and our products and services.
You must not use the Website:
- in breach of any applicable law or regulation;
- for fraudulent or unlawful purposes;
- to attempt to gain unauthorised access to our systems, accounts or data;
- to introduce viruses, malware or other harmful technology;
- to interfere with the operation, security or availability of the Website;
- to obtain or attempt to obtain information to which you are not authorised to have access;
- to impersonate another individual or organisation;
- to provide false or misleading information;
- to infringe Smart Awards’ intellectual property rights or the rights of another person or organisation; or
- in any way that may damage the reputation, systems or legitimate business interests of Smart Awards.
We reserve the right to restrict or suspend access where we reasonably believe that the Website or our systems are being misused.
- Website Information
Smart Awards takes reasonable steps to ensure that information published on the Website is accurate and current.
However, Website information is provided primarily for general information and should not be relied upon as the sole source of regulatory, qualification, assessment, contractual, legal or professional information.
Smart Awards may update, amend or remove Website content without notice.
While we aim to maintain accurate information, we do not guarantee that all Website content will always be complete, current or free from errors.
Where information relates to a regulated qualification or assessment, users should refer to the current official qualification specification, assessment plan, centre documentation, contractual requirements or other controlled Smart Awards documentation where applicable.
- Qualifications and Assessment Information
Information on the Website concerning qualifications, apprenticeship assessments, End-Point Assessment, customised programmes or other products is intended to provide an overview of the services available.
Qualification availability, content, assessment requirements, entry requirements, fees, approval requirements and regulatory status may change.
Publication of a qualification or service on the Website does not automatically:
- approve an organisation to deliver that qualification or service;
- entitle an individual to registration, assessment or certification;
- constitute centre or qualification approval;
- guarantee that a qualification or assessment will remain available indefinitely; or
- override the relevant qualification specification, assessment strategy, assessment plan, centre agreement or Smart Awards policy.
Centres and providers are responsible for ensuring that they use the current approved documentation.
- Regulated and Non-Regulated Products
Smart Awards offers different types of products and services.
Some products may be regulated qualifications, while others may be customised, endorsed or otherwise non-regulated products.
The regulatory status of a product should be determined from the relevant Smart Awards product documentation and, where applicable, the relevant regulatory register.
Nothing on the Website should be interpreted as representing a customised or endorsed programme as a regulated qualification unless it has formally been recognised as such by the relevant regulator.
- Network Operative Passport Scheme (NOPS)
Information provided on the Website concerning NOPS is subject to the applicable NOPS rules, registration requirements, terms, policies and procedures.
Registration on NOPS does not, by itself, replace an employer’s responsibility to determine whether an individual is competent, appropriately qualified, trained, authorised and suitable to undertake particular work.
Employers, contractors and other organisations remain responsible for complying with applicable health and safety, employment, contractual and industry requirements.
- Online Accounts and Systems
Certain Smart Awards services may require access to password-protected systems, portals, applications or other digital platforms.
Where an account is provided, users are responsible for:
- keeping login credentials confidential;
- ensuring that accounts are only used by authorised individuals;
- maintaining accurate account information;
- notifying Smart Awards promptly of suspected unauthorised access;
- complying with applicable system instructions and policies; and
- taking reasonable steps to protect account and system security.
Login details must not be shared with unauthorised individuals.
We may suspend or restrict access where reasonably necessary to protect users, information, assessment security or the integrity of our systems.
- Assessment and Qualification Security
Smart Awards takes the security and integrity of its assessments, qualifications and certification activities seriously.
Unless expressly authorised, users must not:
- copy secure assessment materials;
- disclose confidential assessment content;
- photograph, record or reproduce assessment materials;
- distribute assessment questions or answers;
- upload secure assessment content to websites, social media, artificial intelligence services or other third-party platforms;
- attempt to obtain assessment materials before an authorised assessment; or
- assist another person in circumventing assessment controls.
Suspected breaches may be investigated under Smart Awards’ malpractice, maladministration or assessment-security procedures and may result in regulatory, contractual or legal action where appropriate.
- Intellectual Property Rights
Unless otherwise stated, all intellectual property rights in the Website and Smart Awards materials are owned by, licensed to or otherwise lawfully used by Smart Awards.
This includes, where applicable:
- text;
- graphics;
- logos;
- trademarks;
- qualification materials;
- assessment materials;
- specifications;
- policies and guidance;
- photographs;
- videos;
- databases;
- software; and
- Website design and content.
You may view and download publicly available Website information for legitimate personal or business reference purposes.
You must not reproduce, modify, distribute, sell, commercially exploit or create derivative works from Smart Awards content without prior written permission unless permitted by law or expressly authorised by Smart Awards.
- Smart Awards Name and Logo
The Smart Awards name, branding and logo must not be used in a manner that falsely suggests approval, accreditation, endorsement, partnership or association with Smart Awards.
Approved centres and other authorised organisations may only use Smart Awards branding in accordance with the applicable Smart Awards Marketing and Logo Usage Guidance and any conditions of approval.
Smart Awards may require an organisation to remove or correct inappropriate, misleading or unauthorised use of its name, logo or branding.
- Third-Party Links
The Website may contain links to websites, services or resources operated by third parties.
These links are provided for convenience and information.
Smart Awards does not control third-party websites and is not responsible for their availability, security, accuracy, content or privacy practices.
The inclusion of a link does not necessarily constitute endorsement of the third-party organisation, website, product or service.
Users access third-party websites at their own discretion and should review the applicable terms and privacy information.
- Downloads
Documents and other materials may be made available for download through the Website.
Users are responsible for ensuring that they download and use the current version of any document.
Controlled Smart Awards documents may be amended or replaced. A locally stored or printed copy may therefore become out of date.
Where there is uncertainty, users should check the Website, relevant Smart Awards system or contact Smart Awards to confirm the current version.
- Website Availability
We aim to keep the Website available and operating effectively, but we cannot guarantee uninterrupted or error-free access.
Access may be temporarily unavailable because of:
- planned maintenance;
- system upgrades;
- technical faults;
- cybersecurity incidents;
- telecommunications failures;
- third-party service failures; or
- circumstances outside our reasonable control.
Smart Awards may modify, suspend or discontinue parts of the Website where reasonably necessary.
- Viruses and Cybersecurity
Smart Awards takes reasonable measures to protect its Website and systems.
However, we cannot guarantee that the Website will always be completely secure or free from viruses or other harmful technology.
Users are responsible for maintaining appropriate security, antivirus protection and device safeguards.
You must not knowingly introduce malicious software or attempt to gain unauthorised access to the Website, servers, databases or connected systems.
- Liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
To the extent permitted by law, Smart Awards will not be responsible for losses arising solely from:
- reliance on general Website information where current controlled documentation should reasonably have been consulted;
- temporary Website unavailability;
- third-party websites or services;
- unauthorised or improper use of the Website;
- use of an outdated downloaded document; or
- events outside Smart Awards’ reasonable control.
Where a separate contract exists between Smart Awards and a customer, centre, provider or other organisation, liability relating to the contracted services will be governed by that agreement.
Nothing in these Website Terms limits any rights that cannot lawfully be excluded.
- Privacy and Personal Information
Smart Awards processes personal information in accordance with applicable UK data protection legislation.
Information about how we collect, use, share and protect personal data and about individuals’ data protection rights is contained in our
Privacy Statement.
- Cookies
The Website may use cookies and similar technologies.
Information about the cookies we use and how users can manage their preferences is provided in our Cookie Statement Policy.
Where consent is required for non-essential cookies, those cookies will not be activated unless the appropriate consent has been obtained.
- Information Submitted Through the Website
Where you submit information through a Website form, enquiry facility, registration process or other online service, you are responsible for ensuring that the information supplied is accurate and that you are authorised to provide it.
You must not knowingly submit false, misleading, unlawful or malicious information.
Personal information submitted through the Website will be handled in accordance with our Privacy Statement.
- Complaints
If you have a concern about the Website or information published on it, please contact Smart Awards.
Complaints relating to Smart Awards qualifications, assessments, centres, certification or regulated activities should be made through the appropriate Smart Awards complaints, appeals, malpractice or other applicable procedure.
- Changes to these Terms
Smart Awards may update these Website Terms from time to time to reflect changes to:
- our Website or services;
- legislation or regulation;
- technology or security requirements;
- our products and systems; or
- our business operations.
The latest version will be published on the Website with an updated effective or review date.
Your continued use of the Website following publication of revised Terms will be subject to the updated Terms.
- Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary or, where appropriate, removed.
The remaining provisions will continue to apply.
- Governing Law and Jurisdiction
These Website Terms and any dispute or claim arising from or relating to the Website are governed by the laws of England and Wales.
Subject to any rights that cannot lawfully be restricted, the courts of England and Wales will have jurisdiction in relation to disputes arising from these Terms or use of the Website.
- Contact Smart Awards
If you have questions about these Website Terms and Conditions, please contact:
Smart Awards Ltd
Please use the contact details published on the Smart Awards website.
For related information, please also refer to our:
- Privacy Statement
- Cookie Statement Policy
