This Website is operated by Jaluch International Limited and we cannot provide any documents to you until you have agreed to our Terms and Conditions. Please read the Terms and Conditions carefully, and if you wish to proceed click the ‘accept’ button. By clicking the ‘accept’ button and by proceeding to use our website you confirm that you have read, understood and agree to the Terms and Conditions and that you agree to be bound by them. Once accepted the Terms and Conditions will form the contract between Jaluch International Limited and you, and you will then be asked to provide your card details. After payment is processed, you will be sent a login and password by email to allow you to access the Product. You must ensure that all persons who access the Website through your internet connection are aware of all of the Terms and Conditions and that they comply with them.
If you are taking part in any introductory promotional offer, please note we operate a fair use policy. We view anything over 5 downloaded documents excessive. If you are seen to be abusing the offer we reserve the right to terminate your membership. The rest of the terms and conditions stated below also apply.
1 Definitions and Interpretation
1.1 In the Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account”: means your account through which you can access and use the Product after registration on the Website and your payment of the Fee; “Fee”: means the fee paid by Users for their chosen subscription , to access and use the Product for one year;
“Fee Period”: means one year commencing on payment of the Fee;
“Documents”: The documents (in any form of media, including on-line, software downloads, removable data storage or soft or hard copies) owned by Jaluch International Ltd and used by it in connection with the HR and H&S Services, available from the Docs Wizard Portal, including without limitation letters, forms, policies, handbooks contracts, guidance notes, audits, checklists and video clips.
“Jaluch International Limited”: means Jaluch International Limited, registered in England and Wales with company number 4583855 (references to “we”, “us” and “our” should all be read as referring to Jaluch International Limited);
“Permitted Use”: means the use of the Product as set out in Clause 2;
“Product”: means Docs Wizard which includes the HR and H&S forms, templates, documents, checklists, guidance, audits, video clips and information provided by Jaluch International through this Website each of which is an individual document;
“Trade Marks”: HR Docs Wizard (registered in the UK No. 00003210367), Docs Wizard (registered in the UK No. 00003262398) and any other trademarks (whether registered or unregistered) notified to user from time to time.
“User”: means any third party that accesses the Website and is not employed by Jaluch International Limited and acting in the course of their employment (references to “you”, “your” and “yours” should all be read as referring to you as a User); and
“Website”: means the website that you are currently using (www.docswizard.co.uk) and any sub-domains of the site (e.g. subdomain.hrdocswizard.co.uk) unless expressly excluded by their own terms and conditions.
2 Permitted Use
2.1 Subject to the Terms and Conditions, the payment of the Fee and the restrictions in Clause 4 below you shall be granted a non-exclusive perpetual licence:
2.1.1 to use the Website and the Product and any of the forms and/or documents therein for your own personal and/or business purposes;
2.1.2 only for the purposes of supporting the Permitted Use, to reproduce, print and make back-up copies of Product documents on any computer system; and
2.1.3 to copy, modify, adapt, merge, translate, disassemble, or create derivative works of Product documents.
3 Exceptions and Restrictions
3.1 The Permitted Use is subject to the following exceptions and restrictions:
3.1.1. You will not sell any of the Product or Product documents (or any part thereof) to third parties;
3.1.2. You will not distribute any of the forms and/or documents contained within the Product (or any part thereof) to third parties for sale or resale (or free of charge) whether as part of a package or as a separate product;
3.1.3. You will not use the Product or Product documents (or any part thereof) for any purpose which rivals or competes with Jaluch International Limited. In the event of a dispute between a User and Jaluch International Limited it shall be for Jaluch International Limited to define “rival” and/or “competing” purposes;
3.1.4. You will not rent, lease, sub-licence or loan any of the Product or Product documents (or any part thereof) to third parties; and
3.1.5 You will not use the Website or Product for commercial purposes, for collecting User’s details or personal information, for promoting other services or products, for data mining or market research purposes, or for knowingly harming or attempting to harm the Website, the Product or any User.
3.2 Subject to sub-Clause 3.1, you may use the Product in the course of your business to facilitate and execute transactions and to manage any and all relevant business affairs, which purpose may require the distribution of copies of the forms and/or documents contained within the Product to third parties.
3.3 The restrictions in sub-Clause 3.1 are subject to the provisions of the Copyright Designs and Patents Act 1988.
3.4 The, Permitted Use licence is only granted provided that you acknowledge our Website as the source of the Product and acknowledge Jaluch International Limited’s copyright in the Product (including but not limited to all forms, templates, documents, checklists, guidance and information available in the Product).
3.5 All restrictions in this Clause 3 shall apply to the Product, any and all parts thereof, and any derivative works created by you using the same.
3.6 All licences, consents and restrictions contained in these Terms and Conditions shall be limited to the normal duration of copyright in literary works as defined in the Copyright Designs and Patents Act 1988, Section 12 (the life of the author, plus 70 years).
3.7 If you submit content to the Website or to us via the Product, you must comply with the following content standards and the Terms and Conditions.
3.7.1 Content submitted must comply with applicable law in the UK and any country from which the submission is made, and must reference the sources of information and content as appropriate.
3.7.2 Content submitted must not: i) be made in breach of any legal duty owed to a third party including infringing any copyright, database right or trade mark of any other person, or ii) include spam or advertising, third party brand names or trademarks, computer code or website URLs; or iii) be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or iv) contain material which is defamatory, offensive, threatening or discriminatory.
3.8 For any content that you submit to the Website, you agree that we will have the right to use, edit, copy and distribute this content and disclose it to third parties, for the purposes of review and update at our discretion. By submitting content, you confirm and warrant that you have the authority to grant us these rights over it.
3.9 If we believe, in our reasonable opinion, that you have not complied with the Terms and Conditions, we reserve the right to suspend your Account or disable your access to the Website and Product via your user identifier. Please note that any unauthorised use of the Website, the Product or its content may give rise to a claim for damages and may be a criminal offence.
4 Availability and Access
4.1 During the Fee Period, you shall have access to the Product (or the relevant part thereof) as determined by your chosen subscription and via your Account.
4.2 You are responsible for making all arrangements to enable you to access the Website and Product and for putting in place suitable security and protection software on your equipment for access and use of the internet and online services.
4.3 From time to time for technical reasons we may be required to suspend operation of the Website or restrict access to it without notice to you. You acknowledge that the Website and Product may not be available all of the time and that your use of it may not be uninterrupted or error-free.
4.4 The Website and the Product are provided “as is” and on an “as available” basis. While we try to ensure that the Website and the Product (or any part thereof) are free from software bugs, viruses and other malicious or harmful items, we give no warranty that the Website or the Product (or any part thereof) will be free of defects and/or faults or that they will be completely secure or free of such items.
4.5 It is important that you keep the user identifier and password to your Account confidential and not disclose them to anyone else. Please change your password on a regular basis and inform us immediately on telephone number 01425 479888 if you know or suspect that your Account is no longer secure.
4.6 The Website and the Product documents have been developed in accordance with employment law in England and Wales. Care should be taken and legal advice sought if you are managing employment situations in Northern Ireland or Scotland, or anywhere outside the UK. If you access the Website from outside the UK, you are responsible for compliance with any applicable local laws.
Jaluch International Limited is the owner or licensee of all intellectual property rights in the Product and the Website. The Website, Product and any part of it (including but not limited to all forms, templates, documents, checklists, guidance, audits, video clips and information) are copyright of Jaluch International Limited or its licensors, and all rights are reserved.
6 Fees, Payment and Purchases
6.1 All Fees appearing on this Website are exclusive of Value Added Tax or other appropriate country taxes. Value Added Tax or other appropriate country taxes shall be added to any and all sums due at the point of sale. We may increase the Fee from time to time, but not more than once in any twelve month period.
6.2 All transactions processed through this Website are handled by Stripe Inc., our online payments provider. No payment details are collected or processed by Jaluch International Limited, and Stripe Inc. is obliged to comply with card payment industry security standards to keep all of your personal information and payment details confidential and secure. By giving us your payment details, you confirm that the card being used is yours or that you have the authority to use it. We do not accept responsibility for any problems you may have in making payment through Stripe Inc. Please refer to their terms and conditions for further information.
6.3 Upon the successful completion of payment, your subscription, with the Fee Period of one year shall commence. Immediately following the end of the Fee Period, and subject to your payment of the Fee, your subscription shall automatically renew for a further Fee Period unless you tell us that you do not want it to renew by selecting ‘cancel recurring payment’ in the billing preferences section of your Account. You shall pay the applicable Fee for any new Fee Period.
7 Product and Liability
7.1 We will use reasonable endeavours to correct in a timely manner any defects in the Product of which we are made aware.
7.2 Our disclaimer is displayed when you use the Product and it forms part of the Terms and Conditions. You should read the disclaimer and you should ensure that the Product and any Product document (or part thereof) acquired from Jaluch International Limited meets your specific requirements and is appropriate and complete in all respects for its intended purpose. We give no representation or warranty that such material will be fit for its intended purpose, useful to you, or of satisfactory quality. You should seek any necessary legal advice, and be aware that any reliance you place on the Product (or any part thereof) is at your own risk. You acknowledge that the information, documents and forms provided by Jaluch International Limited are not intended to replace legal or other professional advice and that we strongly advise that such advice be sought in all cases where such advice is necessary or appropriate and particularly in any circumstances where you are in any way unsure about the legal aspects of the Product or related matters.
7.3 You acknowledge that any Product document (or part thereof) purchased may, in the future, become out-of-date or 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.
7.4 As far as is permitted by law, we exclude all warranties and representations that may apply to the Website or the Product (or any part thereof).
7.5 No liability shall attach to Jaluch International Limited, our directors or officers, our employees, or retained consultants for loss or damage of any nature including lost profits, loss of use, loss of business opportunity, goodwill or reputation, or any indirect or consequential losses suffered as a result of; the use of or reliance on the Product, inability to use the Product, viruses or other technologically harmful material that may affect your equipment, or for any errors, deficiencies or omissions in any Product document or any part of the Product.
7.6 We accept no liability for any disruption or non-availability of this Website resulting from any causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.7 Our total liability to you in respect of any losses arising from your use of the Website or the Product (or any part thereof) shall in no circumstances exceed 125% of the Fees paid and payable by you for your annual subscription.
7.8 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by circumstances outside our reasonable control that directly or indirectly delays or prevents our timely performance.
8 Refunds and Cancellation
8.1 We operate a refund policy that shall, at all times, be subject to our discretion. Any User wishing to receive a refund should contact us on telephone number 01425 479888 or at our address above for further information.
8.2 You may cancel your Account and obtain a refund of the Fee (less our administration fee if/where applicable) provided that you have not made any use of the Website or Product for document access or document download purposes.
9 Changes to the Website, the Product and these Terms and Conditions
We reserve the right to change this Website, the Product and the Terms and Conditions at any time and we may change, withdraw or correct any Product documents or Website content at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.
10 Information about you
11.1 Waiver: Failure by Jaluch International Limited to enforce the performance of any provision in these Terms and Conditions shall not constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
11.2 Severance: In the event that one or more of the provisions of the Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of the Terms and Conditions shall be valid and enforceable.
11.3 Entire Agreement: The Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between you and us, both oral and written.
11.4 Law and Jurisdiction: The Terms and Conditions are governed by the laws of England and Wales. You and we both agree to the exclusive jurisdiction of the courts of England over any dispute or claim arising from or related to a visit to the Website, although we retain the right to bring proceedings against you for any breach of the Terms and Conditions in your country of residence or any other relevant country.
11.5 To contact us, please telephone 01425 479888 or by email email@example.com.