| 1. |
Definitions |
| 1.1 |
In these Terms & Conditions the following words shall
have the following meanings unless otherwise expressly stated:
Our Email Address means info@myhrguide.co.uk;
we
means Premier Employer Solutions Limited (us and our will be construed
accordingly);
Website means our website with
its homepage at www.myhrguide.co.uk;
you means the company on behalf of whom you are
contracting (your
will be construed accordingly). |
| 1.2 |
The headings contained in these Terms & Conditions are
for convenience of reference only and shall not affect its interpretation. |
| 1.3 |
Words indicating the singular shall include the plural
and vice versa. Words indicating a gender shall include each gender.
|
| 1.4 |
The words and phrases including and in particular
shall be without limitation to the generality of any preceding words
and any preceding words shall not be construed as being limited to
a particular class where a wider interpretation of those words and
phrases is possible. |
| 2. |
Registration |
| 2.1 |
You agree to our privacy policy (which is accessible
by clicking here).
|
| 3. |
User ID |
3.1 |
You agree to keep the User ID safe, confidential and
not to disclose it to any third party. You agree to use the User ID
solely to log in to the Member Area. |
| 4. |
Your use of the Member Area |
| 4.1 |
From the Member Area, you will have access to the materials
appropriate to your subscription level, including guidance documents
on employment procedures, processes and downloadable templates. |
| 4.2 |
The content in the Member Area is subject to change,
as from time to time it will be replaced or supplemented with other
content. |
| 4.3 |
You agree to the following in respect of the information
and documents available from the Member Area (collectively the Information):
|
|
4.3.1 |
The Information which we provide is of an indicative
nature only. Consequently we do not offer any assurances in relation
to the accuracy nor the completeness of the Information. However,
we do warrant that we will use reasonable endeavours to provide accurate
Information. Furthermore, we warrant that we will use reasonable skill
and care in performance of our obligations. |
|
4.3.2 |
The Information we provide is by way of general guidance, and it
does not constitute legal nor tax advice. If you require such specialist
advice or if you wish to tailor the Information to your specific circumstances,
then please contact us with such a request by sending an email to
Our Email Address, and we will provide you with details of our separate
charges and engagement terms to provide such tax and/or legal advice,
under which we will accept higher liability than under these Terms
& Conditions (provided that you are accepted as a client by us
under those separate engagement terms). |
|
4.3.3 |
You must not use the Information as the sole basis for making any
decision as to whether or not to take any action. |
|
4.3.4 |
The Information is not a substitute for professional advice. Before
using any Information in circumstances where you wish to rely upon
the Information, you must seek professional advice in respect of your
use of it. |
| 4.4 |
We exclude all implied terms, conditions and warranties
to the maximum extent permitted by law. We do not provide any assurance
that the Information will be fit for a particular purpose or that
the Information will be of satisfactory quality. |
| 4.5 |
By using the Member Area, you are confirming that you
are satisfied with the basis on which the Information is provided
(including without limitation the limitations and exclusions of liability
set out in these Terms & Conditions). |
| 4.6 |
You confirm that you will be using the Information solely
for your own internal business purposes. |
| 4.7 |
You agree that you will not re-sell nor make available
to any third party the whole or any part of the Information nor the
User ID. You agree that you will not re-sell nor make available
to any third party the whole or any part of the Information nor the
User ID. |
| 4.8 |
We and our licensors retain ownership of all copyright
and other intellectual property rights in the Information.
|
| 5. |
Limitation of Liability |
| 5.1 |
Nothing in these Terms & Conditions shall restrict
or exclude our liability for death or personal injury. Nothing in
these Terms & Conditions shall restrict or exclude our liability
for fraud. We also do not exclude or limit any liability which may
not be lawfully excluded or limited. |
| 5.2 |
We shall not be liable to you for consequential, special
or indirect losses, or the following losses whether direct or indirect:
loss of profits; loss of revenue; economic loss; loss of business
or contracts; loss of anticipated savings or goodwill; loss of data;
(or any losses arising from a claim by a third party for any of the
above losses) whether arising under contract, statute, tort (including
without limitation, negligence), or otherwise. |
| 5.3 |
Subject to Clause 5.1, our aggregate liability for
all claims arising under or in connection with these Terms & Conditions
(whether arising under contract, statute, tort (including without
limitation negligence) or otherwise) shall be limited to the sum of
the annual Subscription Fee paid by you to us in the year in which
the event giving rise to the claim arose. |
| 6. |
Contracts (Rights of Third Parties) Act 1999 |
| 6.1 |
These Terms & Conditions do not intend any third
party to have any benefit under these Terms & Conditions. Therefore
no third party shall have the right to enforce any provision of
these Terms & Conditions.
|
| 7. |
Severability |
| 7.1 |
If at any time any part of these Terms & Conditions
becomes void or unenforceable under any applicable law it shall
be deemed to be deleted from these Terms & Conditions and the
remaining provisions of these Terms & Conditions shall continue
unaffected.
|
| 8. |
Events Beyond Our Control |
| 8.1 |
We will not be liable for any acts or omissions which
are due to any events or circumstances beyond our reasonable control. |
| 8.2 |
Our Website is hosted by a third party company and
therefore there may be times when the website is inaccessible due
to outages and maintenance. However, we do not envisage that such
unavailability would last for prolonged periods at a time such that
it materially affects your access to the Member Area over the course
of your annual membership. However, you must acknowledge that we
are unable to offer any guaranteed availability times in relation
to the Member Area. If you do have any continued problems in relation
to access, please send an email to Our Email Address and our customer
service team will look into it.
|
| 9. |
Assignment |
| 9.1 |
You may not assign nor subcontract any or all of
your rights and obligations (whether in whole or in part) under
these Terms & Conditions, without our prior written consent.
|
| 10. |
Entire Agreement |
| 10.1 |
These Terms & Conditions and the content on our
Website contain the entire agreement between you and us with respect
to the subject matter of the Terms & Conditions and supersede
all other written or oral communications between you and us. The express
terms and conditions in these Terms & Conditions are in lieu of
all warranties, conditions, terms, representations, statements, undertakings
and obligations whether express or implied by statute, common law,
custom, usage or otherwise all of which are hereby excluded to the
fullest extent permitted by law. You hereby confirm that you have
not relied upon any representations, communications or other matters
which have not been expressly stated in these Terms & Conditions.
Notwithstanding any provision to the contrary, nothing in these Terms
& Conditions limits or excludes our liability for fraudulent misrepresentations. |
| 10.2 |
To the extent of any conflict between the content
on the Website and these Terms & Conditions, these Terms &
Conditions shall prevail.
|
| 11. |
Notices |
| 11.1 |
You agree to provide all notices in relation to these
Terms & Conditions by email to us at Our Email Address, or alternatively
in writing to us, marked for the attention of the Customer
Services Manager at Parkway House, Hambrook Lane, Stoke Gifford, Bristol BS34 8QB.
|
| 12. |
Law and Jurisdiction |
| 12.1 |
These Terms & Conditions and any dispute or claim
arising in connection with them shall be governed by the laws of England
and shall be subject to the exclusive jurisdiction of the English
Courts to which you irrevocably submit. |
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