Terms and conditions

BACKGROUND:

This agreement applies as between You, the User of this Website and HR Heroes Ltd, the owner of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon Your first use of the Website. If You do not agree to be bound by these terms and conditions, You should stop using the Website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

Account
means collectively the personal information, payment information and credentials provided by User which, in association with payment of the Subscription Fee, entitles and enables User to access specific Paid Content throughout the Subscription Period;

Content
means, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Free Content
means any Content that is accessible to User without payment of a Subscription Fee;

HR Heroes” / “We” / “Us” / “Our
means HR Heroes Ltd registered in England, Company Number 0873796 whose registered address is Broadstone Mill, Broadstone Road, Stockport, Cheshire, SK5 7DL

Paid Content
means Content accessible to User only upon the creation of an Account and the payment of a Subscription Fee;

Subscription Fee
means a one-off sum of money paid by User to activate its Account and then to enable it to access specific Paid Content throughout the Subscription Period. This payment may be repeated to activate subsequent subscriptions without limitation. For the avoidance of doubt, Subscription Fee levels are quoted exclusive of VAT but payment must be made inclusive of VAT;

Subscription Period
means a one-off sum of money paid by User to activate its Account and then to enable it to access specific Paid Content throughout the Subscription Period. This payment may be repeated to activate subsequent subscriptions without limitation. For the avoidance of doubt, Subscription Fee levels are quoted exclusive of VAT but payment must be made inclusive of VAT;

User” / “Users
means any third party that accesses the Website and is not employed by HR Heroes whether or not acting in the course of their employment;

Website
means the website that You are currently using, namely www.hrheroes.co.uk and any sub-domains of that website unless expressly excluded by their own terms and conditions.

“You” / “Your”
Means User / Users.

2. Intellectual Property

Intellectual property in the Content belongs to Us or to Our licensors. By continuing to use the Website You acknowledge that the Content is protected by applicable United Kingdom and International intellectual property and other laws.

3. Use of Free Content

You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website exclusively for personal, commercial or educational purposes unless otherwise indicated on the Website or unless We have given You Our permission in writing.  Specifically You agree that You will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by HR Heroes.

4. Use of Paid Content

Payment of a Subscription Fee grants You a non-exclusive, perpetual licence as follows, subject to the Exceptions and restrictions at clause 5 below:

•   to use specific Paid Content for Your own personal or business purposes and to create derivative works therefrom (together the “Permitted Use”);
• only for the purposes of supporting the Permitted Use, to reproduce, print and make back-up copies on any computer system;

5. Exceptions and Restrictions

• You shall not distribute any of the Paid Content or any part of it to any third party whatsoever, whether or not on a chargeable basis.
• You shall not use the Product (or any part thereof) for any purpose which We consider rivals or competes with Us.
• The copyright and all other applicable intellectual property rights in the Products remain exclusively Our property.
• The provisions of of the Copyright Designs and Patents Act 1988. We waive Our moral rights contained in Sections 77 – 79 of that Act.

6. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under Our control.  We assume no responsibility for the content of such websites and disclaim any liability whatsoever for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7. Links to this Website

Those Users wishing to place a link to this Website on independent websites may do so only to Our Website’s the home page (www.hrheroes.co.uk) without prior permission from Us..

8. Accounts

• You will need to create an Account before paying any Subscription Fee to activate a Subscription providing access to specific Paid Content. The creation of that Account will entail you submitting certain personal information, which may vary according to the type of Account that You choose.  By continuing to use this Website You hereby represent and warrant that any / all such information that You may submit will be accurate and truthful; and that You will keep that information accurate and up-to-date. Your creation of an Account will be further affirmation of that representation and warranty.
• Sharing of accounts is not permitted.  You must keep Your Account details confidential and must not reveal Your Username and Password to anyone.  If You use a shared computer, it is recommended that You do not save Your Account details in Your internet browser.
• When choosing Your Username You are required to adhere to the terms set out above.  Any failure to do so could result in the suspension and/or deletion of Your Account.

9. Subscriptions

• You are required to pay a Subscription Fee, plus Value Added Tax, on the date that You activate Your subscription.  Subscription Fee levels (quoted exclusive of VAT) are shown on the Subscriptions page of Our Website, www.hrheroes.co.uk
• Your first Subscription Fee payment will be at the price advertised on the Website on that day, plus VAT.  We reserve the right to change Subscription Fees from time to time and to make any special offers to any customers as We alone deem appropriate.
• All transactions processed through this Website are handled by PayPal (Europe) S.à r.l. & Cie, S.C.A., Société en Commandite par Actions, with registered office at 22-24 Boulevard Royal, L-2449, Luxembourg. RCS Luxembourg B 118 349 (hereinafter “PayPal”). No payment details are collected or processed by HR Heroes. We do not accept responsibility for any problems you may have in making payment through PayPal.
• If You terminate Your Subscription You will continue to have access to the Paid Content for the remainder of then current Subscription Period up until the renewal date whereupon access will cease unless You choose to pay the Subscription Fee and renew Your subscription.
• If You have subscribed in error You must inform HR Heroes ([email protected]) within 24 hours of subscribing and must not use the Website or its Content during that time.  If any use can be traced to Your Account, no refund will be provided.

10. Disclaimers

• Either You or We may terminate Your account and (where relevant) Your subscription.  If HR Heroes terminates Your Account or subscription, You will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, We reserve the right to terminate without giving reasons
• If HR Heroes terminates Your account as a result of Your breach of these Terms and Conditions You will not be entitled to any refund.
• If HR Heroes terminates Your account or subscription for any other reason, You will not be refunded any remaining balance of Your Subscription Fee..
• If HR Heroes terminates Your account or subscription, You will cease to have access to Paid Content from the date of termination.
• If You terminate Your account or subscription, You will continue to have access to Paid Content for the remainder of Your subscription period as per sub-Clause 10.3.

11. Disclaimers

• The terms of Our Privacy Policy are hereby incorporated.
• You have already given Your permission for the Website to place certain cookies onto Your computer but You are still entitled to change Your mind and opt-out by adjusting Your internet browser’s settings to restrict and delete cookies as detailed in your internet browser’s help menu.
• Opting out of cookies will not invalidate Your Subscription, but if, having paid a Subscription Fee and then, having decided to opt-out of receiving cookies from Us, you are unable to access Paid Content, please contact us for help at [email protected]

12. Disclaimers

• We make no warranty or representation that the Website will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure. The above disclaimer notwithstanding, We hope that Paid Content meets or exceeds Your expectations, and in the event that You have a bona fide complaint, We would ask You to email Us at [email protected] within 48 hours of purchase explaining why You were disappointed, giving your bank account details and attaching the VAT invoice that was issued to You.
• Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.
• No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
• Commercial use of the information on this Website is permitted, however HR Heroes makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
• Whilst every effort has been made to ensure that all descriptions of services available from the Website correspond to the actual services available, We are not responsible for any variations from these descriptions.
• Whilst We have used reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

13. Availability of the Website and Modifications

• The Service is provided “as is” and on an “as available” basis.  We gives no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
• We accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
• WE reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

14. Limitation of Liability

• Our maximum limit of liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of Our breach of these Terms and Conditions shall be limited to the value of a User’s current subscription.  We will not accept any liability whatsoever for any other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law.
• Nothing in these Terms and Conditions excludes or restricts Our liability for death or personal injury resulting from any negligence or fraud on the part of HR Heroes.
• Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

15. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

16. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

17. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between You and HR Heroes.

18. Communications

• All notices / communications shall be given to Us either by post to Our registered office or by email to [email protected].  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
• HR Heroes may from time to time send You information about Our products and/or services.  If You do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email You receive from Us.

19. Law and Jurisdiction