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PROSERVARTNER HR & PAYROLL SOLUTIONS TERMS AND CONDITIONS

WHO WE ARE AND WHAT WE DO

  • We are Proservartner HR & Payroll Solutions Limited a company registered in England under company number 09842400 whose registered address is 4 Woodstock Avenue, Sutton, SM3 9EF ("we"/ "us"/ "our").

  • We are an online human resources and payroll tool.

  • We own and operate the website www.pophr.co ("Website") and the human resources tool ("HR Tool") www.hrplatform.co (collectively referred to as "POP HR").

  • These Terms apply as between a business user of POP HR ("you"/ “your”) and us. Your agreement to comply with and be bound by these terms and conditions ("Terms") is deemed to occur upon you registering for an online account ("Account") and upon any use of POP HR.

  • If you do not agree to be bound by these Terms, you should stop using POP HR immediately.

  • We may update POP HR from time to time. Any content on POP HR may be out of date at any time and we are under no obligation to update it.

  • We do not guarantee that POP HR, or any content on it, will always be available or be uninterrupted or free from errors or omissions. We may suspend, withdraw, discontinue or change all or any part of POP HR without notice. We will not be liable to you if for any reason POP HR is unavailable at any time or for any period.

  • You are responsible for making all arrangements necessary for you to have access to POP HR.

  • You are responsible for ensuring that all persons who access POP HR through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

  • POP is directed to people residing in the United Kingdom. We do not represent that content available on or through POP HR is appropriate or available in other locations. We may limit the availability of POP HR or any service or product described on our site to any person or geographic area at any time. If you choose to access POP HR from outside the United Kingdom, you do so at your own risk.

ACCOUNT

  • To use our HR Tool you will have to create an administrator member (“Administrator”) account (“Administrator Account”) which will have unrestricted access to all registered users in their organisation (“Member User”) who open an account ('Member Account'). Collectively an Administrator Account and Member Account shall be referred to as Account.

  • By registering for an Administrator Account you confirm that you are unconditionally authorised on behalf of the organisation to create an account for the organisation, act as the Administrator and upload their information to POP HR.

  • Upon creating a Member Account you confirm that you have the knowledge and consent of the individual to whom the data pertains to upload their information to POP HR.

  • You may only register for an Account if you are over 18 years old.

  • Each Account is restricted to one User.

  • You will be asked to choose a user ID and password for your Account. The user ID must not be liable to mislead and must comply with the Content Rules(hyperlink). You must not use your Account or user ID for or in connection with the impersonation of any person.

  • The HR Tool can be accessed and used by logging into your Account through our Website.

  • You must treat your password as confidential and must not disclose it to any third party. You are responsible for any activity on POP HR arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  • If you know or suspect that anyone other than you knows your user ID or password, you must promptly notify us at admin@hrplatform.co.

  • We have the right to disable any user ID or password at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

  • We may suspend or cancel your Account at any time in our sole discretion without notice or explanation. You may cancel your Account on POP HR at any time by following the guidelines detailed on POP HR (such guidelines may be amended from time to time.)

  • If we delete an Administrator Account all connected Member Accounts will be deleted and access to the data may be lost. If the Administrator Account is deleted by you, all connected Member Accounts will be deleted.

GRANT OF LICENCE

  • Upon acceptance of your registration for an Account we grant you a non-exclusive licence to use the HR Tool subject to the terms and conditions contained in these Terms (“Licence”).

  • You shall use the HR Tool only for processing data for internal business purposes only.

  • You acknowledge that you are licensed to use the HR Tool only in accordance with these Terms and not further or otherwise.

TERM

  • The Licence shall commence on us accepting your registration for an Account and shall continue unless your Account is terminated in accordance with any of the provisions of these Terms.

USE OF PROSERVARNTER HR TOOL

  • Once you have registered for an Account on our Website you will be provided with access to the HR Tool.

CONTENT RULES

  • You must follow these content rules (“Content Rules”) when using POP HR.

  • Any content put on POP HR by you must be accurate and must not:

    • Be illegal or unlawful, libellous, maliciously false, obscene of indecent;

    • Infringe any intellectual property right;

    • Infringe any right of confidence, right of privacy or right under data protection legislation;

    • Constitute an incitement to commit a crime;

    • Be in contempt of any court, or in breach of any court order;

    • Be in breach of racial or religious hatred or discrimination legislation;

    • Be blasphemous;

    • Be in breach of any official secrets legislation;

    • Depict violence;

    • Be pornographic, lewd, suggestive or sexually explicit.

  • Users retain ownership rights in the content placed on POP HR, and are required to grant us and other users of POP HR a limited licence to use, store and copy that content and to distribute and make it available to third parties.

  • We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to POP HR constitutes a violation of their intellectual property rights, or of their right to privacy.

  • We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you to POP HR.

  • We have the right to remove any content posted to POP HR if, in our opinion, the content does not comply with these Content Rules.

PRICE AND PAYMENT

  • We reserve the right to change our prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.

  • Where any payment is required to be made on a day that is not a business day in England, it may be made on the next following business day in England.

  • In the event that prices are changed during the period between registering for an Administrator Account and us processing that registration and taking payment, you will be contacted prior to your order being processed with details of the new price.

  • All prices are exclusive of VAT.

  • Payment of the Fee can be made by direct debit or online debit or credit card payment.

  • Any sums which are overdue for payment may incur interest on a daily basis at 4% above the base rate of Bank of England from time to time until payment is made in full of any such outstanding sums.

LICENCE

  • When content is posted to POP HR, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use and process the content and data uploaded to POP HR.

  • We may sub-license the rights licensed under these Terms.

  • You warrant that you have the authority to post the content and data to POP HR.

  • Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, un-publish or edit any or all of your content.

PERFORMANCE

  • You hereby indemnify us and hold us harmless from and against any and all claims, demands, proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind and whether in tort or contract, threatened, claimed or awarded against or otherwise incurred by us arising out of or in connection with a breach of these Terms.

  • If performance of our obligations under these Terms is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Default”):

    • We shall, without limiting our other rights or remedies, have the right to suspend your Account until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent the Default prevents or delays our performance of any of our obligations;

    • We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations; and

    • You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Default.

DISCLAIMERS

  • We make no warranty or representation that POP HR 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, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of POP HR.

  • POP HR is provided “as is” and on an “as available” basis. We give no warranty that POP HR be free of defects and / or faults.

  • We accept no liability for any disruption or non-availability of POP HR 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.

  • The content on POP HR is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on POP HR.

  • Although we make reasonable efforts to update the information on POP HR, we make no representations, warranties or guarantees, whether express or implied, that the content on POP HR is accurate, complete or up-to-date.

  • Any images, descriptive matter or advertising supplied by us and any descriptions or illustrations contained on POP HR are for the sole purpose of giving an approximate idea of our services described in them. They shall not form part of an agreement or have any contractual force.

  • Whilst every effort has been made to ensure that all descriptions of services offered by POP HR correspond to our actual services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.

  • We will process any information that you have provided to us or uploaded to POP HR in accordance with our Privacy Policy.

LIMITATION OF OUR LIABILITY

  • Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

  • To the maximum extent permitted by law we exclude all liability howsoever arising.

  • To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to POP HR or any content on it, whether express or implied.

  • Notwithstanding clause 55 we will never be liable to you in any event for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • Use of, or inability to use, POP HR; or

    • Use of or reliance on any content displayed on POP HR.

  • Notwithstanding clause 55 we will not be liable for:

    • Loss of profits, sales, business, or revenue;

    • Business interruption;

    • Loss of anticipated savings;

    • Loss of business opportunity, goodwill or reputation; or

    • Any indirect or consequential loss or damage.

  • Notwithstanding clause 55 we will not be liable for any loss or damage to you caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of POP HR or to your downloading of any content on it, or on any website linked to it.

  • We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VIRUSES

  • We do not guarantee that POP HR will be secure or free from bugs or viruses.

  • You are responsible for configuring your information technology, computer programmes and platform in order to access POP HR. You should use your own virus protection software.

  • You must not misuse POP HR by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to POP HR, the server on which POP HR is stored or any server, computer or database connected to POP HR. You must not attack POP HR via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use POP HR will cease immediately.

LINKING TO OUR SITE

  • You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Deep linking (i.e. links to specific pages within the site) requires our express permission.

  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

  • You must not establish a link to POP HR in any website that is not owned by you. You must not establish a link to the HR Tool.

  • POP HR must not be framed on any other site, nor may you create a link to any part of POP HR other than the Website home page.

  • We reserve the right to withdraw linking permission without notice.

  • The website in which you are linking must comply in all respects with the content standards set out in these Terms.

  • If you wish to make any use of content on our site other than that set out above, please contact admin@hrplatform.co

LINKS TO OTHER WEBSITES

  • POP HR may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability 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 POP HR does not imply any endorsement of the sites themselves or of those in control of them.

ACCEPTABLE USE POLICY

  • You may only use POP HR in a manner that is lawful and that complies with these Terms. Specifically:

    • You must ensure that you comply fully with any and all local, national or international laws and/or regulations;

    • You must not use POP HR in any way, or for any purpose, that is unlawful or fraudulent;

    • You must not use POP HR to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

    • You must not use POP HR in any way, or for any purpose, that is intended to harm any person or persons in any way.

  • When submitting any user content (or communicating in any other way using POP HR), you must not submit, communicate or otherwise do anything that:

    • Is obscene, deliberately offensive, hateful or otherwise inflammatory;

    • Promotes violence;

    • Promotes or assists in any form of unlawful activity;

    • Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

    • Is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

    • Is calculated or is otherwise likely to deceive;

    • Is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

    • Misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 73);

    • Implies any form of affiliation with POP HR where none exists;

    • Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

    • Is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

  • We reserve the right to suspend or terminate your access to POP HR if you materially breach the provisions of these Terms. Specifically, we may take one or more of the following actions:

    • Suspend, whether temporarily or permanently, your Account and/or your right to access POP HR;

    • Remove any content submitted by you that violates these Terms;

    • Issue you with a written warning;

    • Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

    • Take further legal action against you as appropriate;

    • Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

    • Any other actions which we deem reasonably appropriate (and lawful).

  • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms.

INTELLECTUAL PROPERTY

  • Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer or otherwise that appears on or forms part of POP HR unless uploaded by you, is our property or that of our affiliates or other relevant third parties. By continuing to use POP HR you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

  • You may not reproduce, copy, distribute, store or in any other fashion re-use any material from POP HR unless otherwise indicated on POP HR or unless given express written permission to do so by us.

  • We, at all times retain title to the HR Tool and you may not at any time claim any right or title in the HR Tool or any information contained therein.

  • All copyright and other rights subsisting in the HR Tool are and shall remain our property. The right to use POP HR operates only as a licence and does not bestow any ownership rights upon you. No assignment shall be deemed to have taken place.

CANCELLATIONS

  • Either us or you may terminate your Account. If we terminate your Account, you may be notified by email and an explanation for the termination may be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

  • If you terminate your Account you may be refunded the amount of the Fee paid for the period following the month in which the termination of your Account was made (“Refunded Amount”)

  • If we terminate your Account, any current or pending payments on your Account will be cancelled and access to your Account may be terminated immediately.

REFUNDS

  • In most circumstances you will not be entitled to a refund on any sums paid to us.

  • In exceptional circumstances we may consider a request for a refund. Any request will be determined by us and any refund made in our sole discretion.

PRIVACY

  • Use of POP HR is governed by our Privacy Policy which is incorporated into these Terms by this reference. To view the Privacy Policy, please click on the link on POP HR.

  • POP HR places cookies onto your computer or device. Full details of the cookies used by POP HR, their uses and your legal rights with respect to them are included in our Privacy Policy. By accepting these Terms, you are giving us consent to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS

  • We reserve the right to change POP HR, its content or these Terms at any time. You will be bound by any changes to the Terms from the first time you use POP HR following the changes. If we are required to make any changes to these Terms by law, these changes will apply automatically.

NO WAIVER

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

PREVIOUS TERMS AND CONDITIONS

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

THIRD PARTY RIGHTS

  • Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between you and us.

COMMUNICATIONS

  • All notices / communications shall be given to us either by post (see address above) or by email to admin@hrplatform.co. 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.

  • We may from time to time send you information about our services. If you do not wish to receive such information, please click unsubscribe in the email.

FORCE MAJEURE

  • Neither party to these Terms shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

LAW AND JURISDICTION

  • These Terms and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and you and us agree to submit to the exclusive jurisdiction of the Courts of England and Wales.