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Terms and Conditions

Introduction

Myhradvisor.co.uk is a website operated by MyHRAdvisor Limited (“My HR Advisor”, “we” or “us”). MyHRAdvisor Limited is registered in England and Wales under company number 12768282 and its registered office is at Bartle House, Oxford Court, Manchester, England, M2 3WQ.

These general Terms and Conditions (“Terms”) are an agreement (“Agreement”) between you and My HR Advisor and cover your use of the information, products and services made available through myhradvisor.co.uk (the “Website”). By using the Website, you agree to be bound by these Terms, as well as our Privacy Policy.

This Agreement governs any use of the Website as a guest, fee paying member or otherwise.

You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring any contact details you provide us with are correct and up to date. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

The Website is offered to you conditional upon your acceptance of these Terms and any notices contained in these Terms and the Website itself. Please read these Terms carefully before you start using the Website. By using the Website, you agree to these Terms.

You must be the legal age of majority in your country of residence in order to use the Website. Use of the Website is not permitted by those under the age of 18.

 

My HR Advisor Information is not a Substitute for Legal Advice

My HR Advisor provides a platform for internet-based HR Consulting and Publishing, providing general HR information, document templates and other items, and is for use by employers only.

The information and documents provided by My HR Advisor along with the content on our Website related to employment law is provided for your private use and does not constitute legal advice from qualified lawyers and should not be relied upon as such. We cannot guarantee that Information is correct, current or up-to-date, or suitable for every situation. HR consultants will review any information you provide us with for accuracy or sufficiency, or apply best practice to the specific facts of your situation.

The documents available on the Website are customisable templates reasonably fit for use by you as a starting point for the preparation of HR documents. They are only intended to be used as templates, to be adapted by you to meet your individual requirements. Therefore, if you need legal advice for your specific problem please consult an employment lawyer.

Your use of the Website does not create a lawyer-client relationship between you and My HR Advisor, or between you and any My HR Advisor employee or representative and you are responsible for representing yourself in any legal matter you undertake through our Website, unless you are otherwise represented by a lawyer.

 

HR Advice

When you use our Website, you will have the opportunity to submit HR-related questions via our HR Advice service (“Questions”).

Questions may be answered by HR Consultants employed by My HR Advisor or on a consultancy basis by My HR Advisor. 

After you submit a Question:

  • for simple matters, an answer will be provided by a HR Consultant (a “Simple Answer”); or
  • for more complicated matters we may recommend you contact an Employment Lawyer.

Disclaimers

You agree with us that the Simple Answers do not constitute legal advice and that no duty of care will be established (either in tort or in contract) between you and the HR Consultant we connect you with.

We reserve the right to reject questions you ask without providing a reason. However, our reasons for rejecting questions are typically that:

  • we do not undertake that type of work;
  • we do not presently have anyone available who undertakes that type of work;
  • you are unable or unwilling to pay for the work required;
  • there are ethical, regulatory or other reasons to refuse (for example a suspicion of money laundering, conflict of interest, insurance issues); or
  • your case is too complex or difficult or we do not have the relevant skills and experience.

Fair use

Your use of HR Advice is subject to you using the service fairly and in line with the membership option you have subscribed to. However, in the event you do genuinely encounter more than the number of advice questions in a single month, we aim to be reasonable and also help you with this issue (at our complete discretion).

 

Memberships

A My HR Advisor subscription gives you access to the specified services for a year.

If you are enrolled in the My HR Advisor annual payment subscription, your subscription will end on the day prior to the anniversary of subscribing.  Should you wish to continue using the services, you will need to choose a new subscription on the Website and set up a new payment plan or pay in full. 

If you are enrolled in the My HR Advisor monthly payment subscription, following the minimum contractual period of 12 months, the membership will continue on a month by month basis at which point you may choose to cancel your plan at any time before the date of the next monthly renewal. You must give us 14 days notice of your intent to cancel the membership. If you do so, you will be charged to the end of the month, during which time you will continue to have access to the Website and services.

Except as set out below, there are no refunds or credits for partial months.

Cancellation of your membership

Annual memberships that have been paid for upfront and in full will automatically end at the end of the 12-month subscription and no further payments will be due unless you choose to subscribe to a new membership.

Monthly plans will automatically renew every month until cancelled by you. Unless you notify us 14 days before the renewal date of the membership that you wish to cancel, your subscription will automatically renew following the minimum contractual period of 12 months. All cancellation requests must be sent via email to [email protected] 

Fees

We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive. 

Price increases will only impact new membership subscriptions and not current subscriptions. Where a membership has expired, the member will need to renew their membership at the current price at the time of sale.  

From time to time, we may also offer different subscription terms and membership benefits.

Except as set out below, membership fees are non-refundable. 

Payment processing services on the Website are provided by Stripe Payments Europe, Ltd trading as Stripe (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom. By subscribing to a membership or purchasing a product on the Website, you agree to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and you authorise My HR Advisor to share with Stripe such information and transaction information related to your use of the payment processing services provided by Stripe as is considered appropriate.

If you are enrolled in a My HR Advisor subscription and fail to provide a full subscription payment on time or if we are unable to charge your designated payment method for any reason, we reserve the right to suspend your paid membership until your designated payment method can be charged again.

A Failed Payment means an outstanding payment for which Stripe, as instructed by the My HR Advisor, has been unable to make a successful charge against the payment details provided by you.

In the case of a Failed Payment still being outstanding 24 hours after the payment is due, you authorise My HR Advisor automatically to instruct Stripe to retry the charge. 

Refunds

You have 14 (fourteen) calendar days (the Statutory Period) from the date you signed up to cancel your membership and be eligible for a refund.

If you cancel your membership before the end of the Statutory Period, you may request a refund of any fee paid. Any request for a refund has to be made before the end of the Statutory Period otherwise you will not be entitled to a refund.

If you request a refund before the end of the Statutory Period, we reserve the right to deduct fees representing the number of days you have used the service to the date of cancellation. In this case, your membership will come to an end on the date of cancellation. To request a refund, please contact us at [email protected]

No refund shall be paid under any of the following circumstances:

  • The Statutory Period has lapsed and we correctly collected a fee for any active membership or other subscription service;
  • The collection of any fee for any single (or multiple) document(s) following your express consent to receiving the document during the Statutory Period and acknowledgement of your right to cancel being lost; or
  • The collection of any fee for your use of the HR Advisor service during the Statutory Period, and in such circumstances you acknowledge that your right to cancel has been lost.

For the purposes of point 2 above, you consent to receive the document during the Statutory Period and acknowledge that your right to cancel has been lost.

My HR Advisor will not issue any refunds either in full or in part where access to any product is withdrawn due to a breach or suspected breach of these Terms & Conditions by the Customer.

 

Intellectual Property Rights

For the purposes of these Terms, “Intellectual Property Rights” means any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyrights, software rights, database rights, rights in and to business names, product names and logos, processes, trade secrets, confidential information and any similar rights in any jurisdiction.

My HR Advisor shall retain and be assigned all rights, title, interest and Intellectual Property Rights in relation to the legal forms, legal documents, letters, legal guides, articles and all other content found on the Website (the “Content”).

Except as otherwise provided in these Terms, you must not:

  • reproduce, modify, translate or create derivative works of any Content;
  • sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any Content; or
  • circumvent or disable any security or technical features of the Content.

All Content is Copyright © MyHRAdvisor and/or its suppliers, affiliates and partners. All rights reserved.

Unlawful or Prohibited Use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You will not use the Website in any manner which could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You will neither obtain nor attempt to obtain any materials or information through any means not intentionally provided for on the Website.

The Content is protected by copyright and all other applicable Intellectual Property Rights set out above. Content is for your personal use only and not for resale. Your use of the Website does not entitle you to resell any Content from the Website. For the avoidance of doubt, your use of the Website constitutes your acceptance of these Terms and your promise that you will not resell or otherwise attempt to commercially benefit from the Content without our written express consent.

Our status (and those of any identified contributors) as the authors of material on the Website must always be acknowledged and you must not use the material in a derogatory manner. If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

My HR Advisor reserves the right to withdraw (without refund) access to any product where it is believed (solely by My HR Advisor) that usernames & passwords have been disclosed to a third party or documents have been shared.

 

Use of Services

You are responsible for all use made of your account. 

When registering to use the Website, you will be required to set up a password for your account, which shall be kept confidential. 

To register with an account, you shall enter your billing details and set up a Stripe account.  The Package you are subscribing to shall be confirmed in the Order. 

You  warrant that during your subscription:

  • You will not allow your account to be used by any other user unless it has been reassigned in its entirety to another User by My HR Advisor, and in which case you shall no longer have any right to access or use the Service;
  • all registration information you submit shall be true, accurate, current and complete and you shall maintain the accuracy of such information;
  • if you underpay the Price to My HR Advisor by allowing multiple Users to share a your account, then without prejudice to My HR Advisor’s other rights, you shall pay My HR Advisor an amount equal to such underpayment as calculated in accordance with My HR Advisor’s price list within ten (10) Business Days of the date of us notifying you of such underpayment. 

You agree that you will not:

  • access all or any part of the service or Website in order to build a product or service which competes with the service or the Website; or
  • use the Website to provide services to third parties; 
  • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the service, the Website and or any materials available as part of the service or Website available to any third party except the Users, or
  • attempt to obtain, or assist third parties in obtaining, access to the Services or the Website.

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of the Website and, in the event of any such unauthorised access or use, promptly notify My HR Advisor using either the Contact page on the website or by email to [email protected].

 

Data Protection

Any personal information you provide to us via the Website is governed by our Privacy Policy, available on the website.

 

Third-Party Websites

The Website may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. My HR Advisor does not sponsor and is not legally associated with any third party Linked Sites. 

My HR Advisor does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) My HR Advisor will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) My HR Advisor does not warrant or support any service provided by the third party.

 

Liability Disclaimer

The information, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information on the Website. My HR Advisor and/or its suppliers may make improvements and/or changes to the Website at any time. Information and opinions received via the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

You acknowledge that any document (or part thereof) purchased may, in the future, need to be amended in response to changes in the law or commercial practice. We are not responsible for advising you of any such changes or amendments.

Although My HR Advisor will use its reasonable efforts to keep the Website available and the information on the Website reasonably accurate, My HR Advisor and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. My HR Advisor and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Guest users

You use the Website at your own risk. Neither My HR Advisor nor it’s employees and subcontractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the Website (whether under these Terms or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).

Fee paying members

My HR Advisor’s liability to you for any loss or damage is limited to damages of an amount equal to the subscription fee received by My HR Advisor for the twelve month subscription period prior to the date on which the liability arose.

Under this paragraph:

“My HR Advisor’s liability” includes that of any company in our group and our and their respective agents employees, subcontractors;

“You” includes any other party claiming through you; and

“Loss or damage” includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the use of the Website, whether under this agreement or other agreement or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence.

This section of the Terms does not affect claims relating to death or personal injury caused by negligence and does not limit or exclude any liability for fraudulent misrepresentation.

Service contact

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our team at [email protected]

 

Other

As a user of the Website, you agree that you will not:

  • Attempt to impersonate another user or person, or use the username of another user.
  • Sell or otherwise transfer your profile and/or subscription.
  • Attempt to access any portions of the Site that you are restricted from accessing.
  • Harass, annoy, intimidate, or threaten any of our employees, contractors, agents, or other users.
  • Delete the copyright or other proprietary rights notice from any of the content.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Falsely imply a relationship with us or another company with whom you do not have a relationship. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.

Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.

We may provide you with notices, including those regarding changes to the Terms by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.

A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.

 

Modifications

We aim to update the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

If you have any questions or concerns, please visit our Contact page at any time.

 

Entire Agreement

Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.

 

Assignment

You must not assign or otherwise transfer the Terms, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms.

 

Waiver

Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

 

Force majeure

Neither party shall have any liability under or be deemed to be in breach of the Contract for any delays or failures in the performance of the Contract which result from Force Majeure. The party subject to the Force Majeure event shall promptly notify the other party in writing when such the event causes a delay or failure in performance and when it ceases to do so. If the Force Majeure event continues for a continuous period of more than 14 days, either party may terminate the Contract by written notice to the other party.

 

Applicable Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of England and Wales.