Terms and Conditions for Sale and Use of Website

BACKGROUND:

These Terms of Sale set out the terms under which Paid Content, accessed via Subscriptions, is sold by Us to business customers through this website, www.thehrcrowd.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription.  You will be required to read and accept these Terms of Sale when ordering a Subscription.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

 

  1. Definitions and Interpretation

    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;

“Data Protection Legislation”

means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;

“Paid Content”

means the digital content sold by Us through Our Site;

“Subscription”

means a subscription to Our Site providing access to Paid Content;

1. Business Customers and Consumers

  • These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and Paid Content from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein

2. Subscriptions, Paid Content, Pricing and Availability

  • Where any updates are made to Paid Content, that Paid Content will continue to match our description of it as provided to you before you purchased your Subscription to access the Paid Content.  Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

  • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.

  • All prices are checked by Us before We accept your order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it).  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 5 working days, we will treat your order as cancelled and notify you of this in writing.

  • If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens. 

  • We may from time to time change Our prices.  Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.  We will inform you of any change in price at least 30 days before the change is due to take effect.  If you do not agree to such a change, you may cancel the Contract.

3. Orders – How Contracts Are Formed

  • If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible.  If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.

  • No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email.  Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.

  • Subscription Confirmations shall contain the following information:

    1. Your Subscription ID;

    2. Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;

    3. Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;

  • In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you.

  • Any refunds duewill be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

  • Refunds will be made using the same payment method that you used when purchasing your Subscription.

4. Payment

  • Payment for Subscriptions must always be made in advance.  Your chosen payment method will be charged when We process your order and send you a Subscription Confirmation.

  • Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

  • If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. If you do not make payment within 5 working days of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.

  • If you believe that We have charged you an incorrect amount, please contact Us at hello@thehrcrowd.com as soon as reasonably possible to let Us know.  You will not be charged for Paid Content while availability is suspended.

5. Provision of Paid Content

  • Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription or until the Contract is otherwise ended.

  • In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

    1. To fix technical problems or to make necessary minor technical changes;

    2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements; or

    3. To make more significant changes to the Paid Content.

  • If We need to suspend availability of the Paid Content for any of the reasons, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We tell you that it is going to last) for more than 5 working days, you may end the Contract.

6. Fair Usage of Email Support Services

  • We operate under a Fair Usage Policy in regard to our email Support Services to ensure that customers are receiving fair and equal quality support from our team.

  • An enquiry should be a one-off enquiry where there is a specific question that requires a response. If the enquiry is deemed too detailed or wide in scope to be dealt with under the contact package, we will inform you as soon possible. We reserve the right to provide a response to an enquiry through the contact package and then provide a quote to undertake any subsequent work. 

  • We aim to respond to e-mail queries within 48hours however, where a customer asks multiple questions, either across one chat or multiple, they should expect their response time to increase.

7. Licence

  • When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for commercial purposes.  The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).

  • The licence granted to you is subject to the following usage restrictions and/or permissions:

    1. You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

    2. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

8. Ending Your Subscription

  • The subscription is for an initial minimum period of 6 months, and in relation to a monthly paid subscription, unless terminated in accordance with the terms of this agreement (or otherwise by operation of law), shall continue thereafter from month to month.

  • Following the initial 6 month period, you may cancel your Subscription at any time, however subject section 9 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription, whereupon the Contract will end.

  • If you purchase a Subscription by mistake, please inform Us as soon as possible and do not attempt to access any Paid Content.  Provided you have not accessed any Paid Content since the start date of the Subscription We will be able to cancel the Subscription and issue a full refund.  If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription up until the expiry date.

  • If you wish to exercise your right to cancel, you may inform Us of your cancellation by email to hello@thehrcrowd.com, cancellation is effective from the date on which you send Us your message. Please provide Us with your name, address, email address, telephone number, and Subscription ID.

  • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.

  • Where applicable, refunds will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

  • Refunds will be made using the same payment method that you used when purchasing your Subscription.

9. Ending the Contract Because of Something We Have Done (or Will Do)

  • You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content, or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription.  If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.

  • If availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. 

  • If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately.  If you end the Contract for this reason, We will issue you with a refund.

  • You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation. 

10. Our Liability

  • We provide information, advice and services in good faith based upon information available at the time. We do not warrant the accuracy of information provided. It is for the client to decide whether or not to accept our advice in making their own management decision. The HR Crowd accepts no liability for the consequences of its information, opinions and advice whether direct or indirect.

  • We will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of the Contract (or these Terms and Conditions), be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and Services

  • We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

  • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

 

11. Events Outside of Our Control (Force Majeure)

  • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

  • If any event is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

    1. We will inform you as soon as is reasonably possible;

    2. We will take all reasonable steps to minimise the delay;

    3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

    4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;

    5. If the event outside of Our control continues for more than 5 working days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription.

12. Confidentiality

  • Each Party undertakes that, except as authorised in writing by the other Party, it shall, at all times during the continuance of the Contract:

    1. keep confidential all Confidential Information;

    2. not disclose any Confidential Information to any other person;

    3. not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract;

    4. not make any copies of, record in any way or part with possession of any Confidential Information; and

    5. ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions stated above.

13. Communication and Contact Details

  • If you wish to contact Us with general questions or complaints, you may contact Us by email at hello@thehrcrowd.com.

  • For matters relating the Paid Content, your Subscription or cancellations, please contact Us by telephone by email at hello@thehrcrowd.com.

  • All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given;

    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or

    2. when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or

    3. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid.

14. Complaints and Feedback

  • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

  • If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us by email at hello@thehrcrowd.com

15. How We Use Your Personal Information (Data Protection)

  • All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

  • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy 

16. Other Important Terms

  • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

  • You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. 

  • The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

  • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

  • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

  • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.

17. Law and Jurisdiction

  • These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

  • Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Waiver

  • The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.