Terms and Conditions

1.1          In these Terms, the following words where prefixed by a capital letter shall have the following meanings

(a)           Consultation has the meaning given by clause 4.1;

(b)          DIY HR Package means the online service defined in clause 2;

(c)           DIY Member means a person, firm or business who are signed up and whose membership of the DIY HR Package is active;

(d)          Documents means the documents found in the DIY HR Package whether for sale as part of the DIY HR Package or individually;

(e)          E-Commerce Services means the services available through the Website by which amounts payable to us may be paid to us by online credit card transaction and E-Commerce Process shall mean the process by which those services are provided;

(f)            Membership Fee means the annual price paid for membership of the DIY HR Package as advertised from time to time;

(g)           Telephone Talk Through Service means the service described in clause 4;  

(h)          Terms means these terms and conditions;

(i)             Website means the HRtoolkit website found at the url www.hrtoolkit.co.nz and includes such other websites operated by us.

 

2.1          The DIY HR Package is on online library of human resource documents and templates provided by us. 

2.2          By becoming a DIY Member you get a limited license to download all the Documents contained within the DIY HR Package whilst you remain a DIY Member for the price of your Membership Fee.

2.3          Your Membership Fee gives you access to the DIY HR Package for one (1) calendar year.  You may renew your membership after one calendar year at the Membership Fee then advertised on the Website.

2.4          Alternatively, for non-DIY Members, you may also purchase individual Documents at the price advertised for each Document on the Website.

2.5          Your license to use our Documents is subject to the restrictions contained in clause 3.6.

2.6          We reserve the right to refuse membership of the DIY HR Package.

2.7          Our aim is to provide an uninterrupted online resource accessible at all times of the day.  However we should not be liable if the DIY HR Package becomes unavailable due to a technical fault or any other reason.

 

3.1          Whilst great care has been taken to ensure the accuracy and the suitability of all the Documents they are not a substitute for HR or legal advice and should only be used for general guidance.  The information provided is based upon New Zealand law and best practice applicable at the time of drafting or creation.  If you are unsure about how to complete or use a Document then you should consult us for advice using our Telephone Talk Through Service or consultancy service.

3.2          We do not guarantee that any particular Document will be available in the DIY HR Package. 

3.3          We do not accept any liability, whether direct or indirect, for any loss, damage or expense (including loss of profit) occasioned through the use of our Documents, or any breach by us of these terms.

3.4          The conditions, warranties and guarantees set out in the Sale of Goods Act 1908, Consumer Guarantees Act 1993, or implied by common law are excluded to the fullest extent permitted by law.

3.5          All our Documents are our copyright.  Your purchase of our Documents allows you to adapt such Documents strictly for your own business use on an as required basis.

3.6          You are strictly prohibited from:

(a)           forwarding our Documents in whatever form to another person, firm or business for their use;

(b)          sharing your username and password to the DIY HR Package with another person, firm or business so that they can take advantage of the service provided by the DIY HR Package without paying for it;

(c)           reproducing the Documents in any form whatsoever except for the purposes provided for in clause 3.5 above; and

(d)          using or adapting the Documents for on-sale to another person, firm or business.

3.7          If you wish to use the Documents for any of the purposes stated in clause 3.6 above you must first obtain our consent.

 

4.1          The Telephone Talk Through Service is a service provided by us which allows an unlimited number of telephone calls to us for the purpose of resolving a single HR issue (“Consultation”).

4.2          It shall be in our sole discretion to decide how many telephone calls constitute a Consultation and the duration of those calls.

4.3          Where we believe, in our absolute discretion, that your HR issue is too complex to be resolved through our Telephone Talk Through Service we will advise you of that and refer you to our consultancy service.

 

5.1          Where we carry out work on a consultancy basis or as part of our Telephone Talk Through Service, it is our professional duty to give your affairs proper care, skill and attention. 

5.2          Our Guarantee: Where any advice we provide is incorrect (not arising as a result of any breach by you of clauses 5.3 and 5.4), we agree to take such reasonable steps to remedy or mitigate that advice at our own expense. Otherwise, we make no guarantee that any advice we give you will exclude the possibility of a personal grievance being raised by one of your employees.  

5.3          Full Disclosure: We will throughout the handling of your matter rely on you to supply in a timely manner all information needed to act on your behalf and to tell us promptly of any relevant change in circumstances. We will not check the accuracy of such information unless it is specifically agreed in writing that we are to do so. 

5.4          If you hold information back from us it hinders our ability to assist you and we cannot be held responsible for any non‐disclosure. If you are in doubt whether any information is relevant then it is best to discuss it with us. 

5.5          Confidentiality: We have a duty to keep all the information you tell us confidential from other parties unless we have your instructions to disclose it. Otherwise, only staff who we employ have access to your files and they are under similar duty of confidentiality.

 

6.1          These Terms are an agreement between you and HRtoolKit Limited and apply to:

(a)           Membership of the DIY HR Package;

(b)          The individual purchase of Documents from our Website;

(c)           The Telephone Talk Through Service;

(d)          Consultancy Services.

6.2          These terms may be varied at any time by giving one week’s notice of the change on the Website. 

 

 

7.1          Payment of the following services shall be made online in advance through the Website using our E-commerce Services:

(a)           Membership of DIY HR Package

(b)          The purchase of individual Documents;

(c)           Telephone Talk Through Service.

7.2          You agree not to use our E-Commerce Services for any improper, injurious, offensive or unlawful purpose.

7.3          In using our E-Commerce Services, you represent and warrant that you are over 18 and have legal capacity to contract in New Zealand. If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of our E-Commerce Services.

7.4          Upon completing a transaction using our E-Commerce Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. You should print the transaction confirmation for future reference and your files. We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of our control.

7.5          Suspension of service: We shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all E-Commerce Services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.

7.6          Refunds: A refund will only be provided when it has been proven that there has been an overpayment. When applying for a refund you must provide us with proof of the overpayment. If your refund request is accepted, the refund will be transferred back to the originating credit card or held to your credit against future transactions. No cash refunds will be given.

7.7          Security: Our E-Commerce Services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website (including credit card information) may be read or intercepted by others, even where a Website is stated as being secure. Neither we nor PAYPAL shall have any liability for the interception or 'hacking' of data through the Website by unauthorised third parties.

 

8.1          Unless we quote you for a fixed fee or advice you of a specific rate, we will charge for consultancy work on the basis of our hourly rate (plus GST where applicable) as advertised on the Website.

8.2          Normally, we aim to absorb all personal disbursements (e.g. telephone, faxes, postages, copying etc) within our hourly rate or fixed fee. However, occasionally substantial disbursements are incurred on your behalf which will be charged in addition. We will let you know when this happens. 

8.3          We will invoice you periodically, at agreed milestones, or at the conclusion of an instruction for the work which we carry out.

8.4          Payment of our invoices shall be made within 14 days by direct credit to our nominated bank account.

8.5          Late payment of invoices shall attract interest at the rate of 10% p.a. calculated on a daily basis. We reserve the right to terminate or suspend work in the event that an invoice remains unpaid.

8.6          Where our invoices are not paid within 30 days of the due date, we reserve the right to engage a debt collection agency to recover those fees from you and you shall be liable for any collection costs, legal costs, or other costs incurred in addition to interest and the invoice amount.

 

 

9.1          Termination of membership of DIY HR Package: We reserve the right to terminate your membership of the DIY HR Package without any obligation upon our part to provide a full or partial refund of your Membership Fee in any of the following circumstances:

(a)           you fail to pay your Membership Fees;

(b)          you fail to pay any other fees or costs payable to us within the time stipulated in any invoice to you;

(c)           you breach these Terms;

(d)          you suffer any act of insolvency.

9.2          Membership of the DIY HR Package will terminate automatically on the anniversary of you becoming a member or renewing your membership unless otherwise renewed for a further year.

9.3          Termination of consultancy work: We have the right to cease work immediately by giving you written notice at your last known address if:

(a)           any invoice remains unpaid after the stated payment date;

(b)          you fail without reasonable cause to give us instructions for a period of one month where instructions are required or requested;

(c)           you fail to make a material disclosure of a matter relevant to your case. 

9.4          We also have the right to cease work in any other situation where we have good cause and give you reasonable notice. 

9.5          You may terminate our instructions in writing at any time in which case all fees owing to us become immediately payable. 

 

10.1       When you subscribe to our Website, become a client, or use our E-commerce Services we collect personal information which you provide in the sign up or application form.  You always have access to the information we hold about you subject to the provisions of the Privacy Act 1993.  All information is held in accordance with our Privacy Policy which is available to view on the Website.

10.2       You agree that we may use your personal information to advise you of our services and product offers and send you our newsletter.  You may unsubscribe from our newsletter or any of our email communication at any time.

10.3       You authorise us to collect information about you (including information about transactions processed by you) from time to time through the Website. Any such information collected shall be treated in accordance with our Privacy Policy.

10.4       We also use a payment gateway operated by PAYPAL.  They will also collect information about you (including information about transactions processed by you) from time to time through the Website. Any such information collected shall be treated in accordance with the PAYPAL Privacy policy which can be found at https://cms.paypal.com/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Privacy_full&locale.x=en_US

10.5       Your use of our E-Commerce Services means that you agree to provide information through electronic means. This means you agree to provide any relevant information in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.

 

11.1       We cannot warrant that the E-Commerce Process, and/or your use of our E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce Services are available at all times, subject to maintenance.

11.2       We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.

11.3       Subject to any rights which you may have under the Consumer Guarantees Act 1993, except as expressly prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where we have been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, we are found to be liable to you for any damage or loss which arises as a result of your use of the Website or the E-Commerce Services, our liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.

 

12.1       These terms shall be governed by New Zealand law and you irrevocably accept the jurisdiction of the New Zealand courts.

All transactions which occur through our E-Commerce Process shall be deemed to occur in New Zealand.