Terms & Conditions

1. INTRODUCTION

www.symphonyhr.co.uk (“Website”) is owned and operated by Symphony HR Limited, a limited company, registered in Scotland (No. SC482116), and whose registered office is Tay Street Lane, Dundee DD1 4EF (“Company”).

Please ensure that you read and understand these Terms and Conditions (“Terms”). By viewing and using this Website, you are deemed to have accepted the Terms. We reserve the right to amend or vary the Terms, or the Website content, at any time and at our sole discretion.

If you disagree with these terms of use or any part of these terms of use, you must not use our website.

2. USING OUR WEBSITE

Unless otherwise stated, we own the intellectual property rights contained in our website, www.symphonyhr.co.uk and the materials on the website. Subject to the clauses below, all these intellectual property rights are reserved.

You may view, download FREE and PAID FOR documents from the website for your own business use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

1. republish material from this website (including republication on another website)
2. sell, rent or sub-license our policies or other materials from the website to another party or to your clients (including prospective clients) as we do not grant you a licence to do so. We retain the full licence for our products;
3. show any material from the website to the public and/or your clients including prospective clients;
4. reproduce, duplicate, copy or otherwise exploit material on our website for commercial purposes or gain;
5. edit or otherwise modify any material on the website; to enable you to sell rent or sub-license materials or
6. redistribute material from this website;

Nothing in this clause 2 shall prevent you from using or modifying FREE material downloaded from this website for use in your own company but only for your own company.

Nothing in this clause 2 shall prevent you from adapting PAID FOR documents downloaded from this website for use in your own company, but only for your own company.

3. ACCEPTABLE USE

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

You confirm that any documents purchased via the website are strictly for your own Company’s purposes and are not for resale or given away free to any of your own clients (current or prospective).

4. RESTRICTED ACCESS

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion at any time.

Where we provide you with login details and a password to enable you to access restricted areas of our website or other content or services, you must ensure that such login details and passwords are kept confidential.

We may disable your login details and password at our sole discretion without notice or explanation.

5. LIMITED WARRANTIES

We do not warrant the completeness, accuracy or timeliness of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept current and up to date unless specified otherwise.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

6. LIMITATIONS OF LIABILITY

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

• to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
• we will not be liable for any consequential, indirect, or special loss or damage;
• we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
• we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control; 

7.  INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

8. BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bring court proceedings against you.

9. VARIATION

We may revise our Terms and Conditions from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

10. ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

11. SEVERABILITY

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. EXCLUSION OF THIRD-PARTY RIGHTS

These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

13. PERSONAL DATA

You agree to provide true, accurate, current, and complete information about yourself in any registration or subscription form you complete (“the Registration Information”). You agree to maintain and promptly update the Registration Information and keep it true, accurate, current, and complete.

We will process your personal data in accordance with data protection legislation.

You hereby agree that the Registration Information (and all updates of the Registration Information) and any other information sent to us by you or otherwise obtained by us about you (“the Personal Data”) may be processed by us for the purposes of:

• processing your requests;
• providing you with information by e-mail or other means;
• providing you with information about products and services provided by us and other   parties;
• providing a personalised service;
• maintaining accounts and records;
• statistical analysis and conducting market research surveys;
• assessing and evaluating the use that is being made of the site; and
•  information and databank compilation and administration

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number. When you visit the site, we may send you a cookie. Cookies may be used in the following ways:

• to help us recognise you as a unique visitor (just a number) when you return to the site and to allow us to tailor content;
•  to compile anonymous aggregated statistics that allow us to understand how users use the site and to help us improve the structure of the site.

Two types of cookies may be used on the site – session cookies which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

You have the ability to accept or decline cookies by modifying the settings in your browser, however, you may not be able to use all the interactive features of the site if cookies are disabled.

14. FEE BASED CONTENT

Some content available on our website is available conditional on payment of a one-off charge.

Except where expressly provided in other applicable terms, where one-off charges are charged in respect of download of content from this site (Fees), Fees shall be payable by you in advance at the time, at the time of purchase, by the means of payment and at the rates stipulated by us. All fees are subject to VAT being added.

Where charged, Fees are subject to change at any time. We will make commercially reasonable efforts to inform users who subscribe for Fee-based content and/or services of any such changes in advance. Such information shall be displayed on our website. Where you elect via or in connection with this site to download or receive content for which Fees are payable you represent and warrant that your access/receiving device supports such download/receipt and that it is compatible with the format of the requested content.

After download/sending out of such content:

• Fees paid in advance shall not be refunded, (refer clause 17) and
• Subject to any express limitations, and to the provisions of clause 2 you may save the content on the destination device for which it was intended but you are strictly prohibited from saving it elsewhere, editing or modifying it, copying, distributing, or forwarding it to third parties or allowing third parties to access it. The provisions of these terms relating to site content (as defined below) shall also apply to any such sent/downloaded content.

15. REFUNDS

Due to the digital nature of the products on our website, no refunds can be given. This is to protect our content from those who purchase, download, get a refund but still use the content.

In addition, as everything is digital, there is no way of ‘returning to us’ for a refund as you can do with a physical product. We do, however wish you to be happy with your purchase, so if you have any issues, please do get in touch and we will do our best to help find the best solution.

If you have any technical issues, such as download links not working or corrupt files within a bundle, then please contact let’schat@symphonyhr.co.uk as soon as possible and we will be happy to assist you and help you get the files you paid for.

16. ENTIRE AGREEMENT

These terms of use constitute the entire agreement between you and us in relation to your use of our website and supersedes all previous agreements in respect of your use of this website.

17. LAW AND JURISDICTION

These terms of use will be governed by and construed in accordance with Scottish law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of Scotland.

18. OUR DETAILS

Symphony HR Limited is registered in Scotland under registration number SC482116

Our registered address is Tay Street Lane, Dundee DD1 4EF

You can contact us by email at let’schat@symphonyhr.co.uk

Our VAT number is 201918044

Date:  16 July 2023