Terms and Conditions

MYERSON HR PORTAL TERMS OF USE

1. Access to Myerson HR Portal
   • These are the terms (Terms) upon which Myerson Limited (Co No: 15557117) whose registered office is at Grosvenor House, 20 Barrington Road, Altrincham, Cheshire, WA14 1HB (Myerson, we, us, our) permit you to access our portal, www.hr.myerson.co.uk (Myerson HR Portal) and access and use the documents, articles, information and Templates (defined below) contained on the Portal (Information).
   • These Terms are in addition to any other terms you are required to comply with by any third party when accessing and using the Myerson HR Portal.
   • You are permitted to access, view, download and use the Information and in particular Templates for the purpose of using the same for the internal employment and HR operations of your business (the Permitted Purpose).
   • Myerson HR Portal and the Information is made available to you for the Permitted Purpose as either part of our engagement to provide you with Myerson HR retainer or other legal services (Myerson Engagement) or as part of an arrangement agreed by us with you (whether or not you are an existing client of Myerson) to allow you free self-service access to the Myerson HR Portal (typically for 6 months) (Self-Service Access), You only have the right to access the Myerson HR Portal during the period that your Myerson Engagement is in place with us or (in the case of Self-Sevice Access) during the period expressly agreed by us.
   • Myerson HR Portal is operated by a third-party provider and therefore we do not guarantee that Myerson HR Portal and/or any information will always be available, be uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of the Myerson HR Portal and/or any Information for business and/or operational reasons at any time. We will try to give you reasonable notice of any such suspension or withdrawal but will not be obliged to do so.
   • If you are using the Myerson HR Portal on a Self-Service Access basis then you agree that we are providing you free access to the Myerson HR Portal and the Information on a marketing basis only for the purposes of you evaluating the quality of services offered or featured by Myerson on the Myerson HR Portal and not as part of the provision of any legal services to you and that accordingly no solicitor-client retainer or relationship shall exist as between you and us during any period of Self-Serice Access in relation to your use and access of the Myerson HR Portal and the Information and that, notwithstanding anything to the contrary set out in these Terms, Myerson shall have no liability to you as a result of you accessing and using the Myerson HR Portal or the Information on a Self -Service Access basis.
2. Changes to these Terms
   • We may amend these Terms from time to time. Every time you wish to use Myerson HR Portal, please check these Terms to ensure you understand the terms that apply at that time.
   • These Terms (as amended) shall apply each time you access the Myerson HR Portal.
3. Your use of Templates and Information
   • The Information provided on the Myerson HR Portal includes template contracts of employment and other template employment and HR related documents (Templates). You acknowledge and agree that:
     • your use of Templates are subject to your compliance with these Terms;
     • if you amend any provisions within a Template (other than the standard required factual information such as your company details or an employee’s details) without having obtained our advice and approval on the same, you do so at your own risk and such amended Template and your use of the same will not fall within the scope of the Myerson Engagement;
     • although Templates are standard employment template documents, they may not be suitable in all circumstances;
     • if you have any queries or are unsure about whether to use a particular Template, you should speak to a member of the Employment team;
     • no Template can be definitive and Templates can be improved;
     • when using any of the Templates:
       • you must notify any corrections, amendments or improvements you become aware of to your contact in our Employment team;
       • you must read any drafting notes and/or assumptions that accompany the Template before using the same;
     • whilst we will use our reasonable endeavours to:
       • ensure that Templates are, as at the date the relevant Template is uploaded to the Myerson HR Portal, up to date with current employment law; and
       • address any changes or updates to Templates that are required as a result of a change in law and, to the extent possible, do this within 10 business days from the date the change in the law is enacted,

Templates may not always be up to date and are date stamped with the date of creation and the dates of any updates or revisions made to the same;

• any use of the relevant Template which is to be updated, or is in the process of being updated, by us within the timescale specified in clause 1.7(b) during this period will be at your own risk, unless you discuss the same with us prior to your use of the Template, as such Template may not be legally compliant as at the date of your intended use.

• You are responsible for any assumptions, assessments or use you make of the Information (including Templates) that is not in accordance with our instructions or advice we provide to you.
• You agree to:
  • only access, view, download and use the Information for the Permitted Purpose;
  • not attempt to disable the software protection associated with Myerson HR Portal;
  • not share your user identification code or password with anyone else; and
  • not permit any other person to access Myerson HR Portal unless we specifically agree otherwise.

1. User Identification Codes and Passwords
   • You acknowledge that in order to gain access to Myerson HR Portal, we require certain personal information (name and email address) which will have been provided to us either directly by you or a third party on your behalf. We will process such personal data in accordance with our Privacy Notice available on the Myerson website - https://www.myerson.co.uk/data-protection-policy, for the sole purpose of facilitating your access to the Myerson HR Portal for the Permitted Purpose and, subject always to such Privacy Notice, for our own marketing purposes only as detailed in such Privacy Notice.
   • If you choose or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other individual or third party.
   • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.
   • If you know or suspect that anyone other than you or members of your distribution group know your user identification code or password, you must promptly notify us at itinfo@myerson.co.uk.
2. Confidentiality
   • Any Information accessed by you is confidential, and you agree:
     • to keep the information confidential:
     • to only use the Information for the Permitted Purpose; and
     • not to disclose Information in whole or in part to any third party other than in accordance with this clause 5.
   • You may only disclose Information:
     • to your employees, officers, representatives or advisers who need to know such Information for the Permitted Purpose, provided that you:
       • inform such persons of the confidential nature of the Information before disclosure;
       • procure that such persons shall comply with the obligations set out in this clause 5; and
       • remain liable for the failure of such persons to comply with this clause 5; or
     • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

1. No Warranty
   • Save where the Information we provide comprises of Templates, you agree and acknowledge that:
     • the Information is provided for general information only and no representation or warranty, express or implied, is made or given as to the adequacy, accuracy, reliability or completeness of the Information or as to the reasonableness of any assumptions on which any of it is based;
     • neither Myerson nor any of its partners, directors, employees or clients have any liability to you or any person to whom Information is made available, resulting from the use of the Information;
     • in making the Information available, Myerson is under no obligation to provide any additional information or to update or correct any inaccuracies which may become apparent in any of the Information;
     • that the Information may be from third-party data sources of which Myerson has no control;
     • you are responsible for any assumptions, assessments or use made of the Information; and
     • the Information is not intended to be legal advice upon which any reliance should be placed, it is provided for general information purposes and as a tool to aid your business for the Permitted Purpose only.
   • Where the Information we provide comprises of Templates, you acknowledge and agree that your use of Templates is subject to clause 3 of these Terms, and either the terms of our Myerson Engagement with you or the terms set out in clauses 1.4 and 1.6 relating to the provision of Self-Service Access to you.
2. Intellectual Property Rights
   • All intellectual property rights in the Information belong to and shall remain the exclusive property of Myerson.
3. Termination of your Myerson Engagement
   • Upon termination or expiry of your Myerson Engagement or your Self-Service Access:
     • you will no longer have the right to access and use the Information or the Myerson HR Portal;
     • with the exception of any Templates, you have downloaded prior to the date of expiry or termination of your Myerson Engagement and which are currently being used within your business as at the date of termination, your right to use any Information and download any further Information from the Myerson HR Portal shall cease immediately;
     • any use you make of any Information and/or Templates you have previously downloaded prior to the date of expiry or termination of your Myerson Engagement from the Myerson HR Portal shall be at your own risk and you acknowledge that they may be out of date as Myerson will only update Information and Templates that are available on the Myerson HR Portal; and
     • Myerson shall have no duty to inform you of any changes in law, amendments or updates to any of the Information or Templates you may have downloaded as part of your access to and use of the Myerson HR Portal during your Myerson Engagement.

1. Limitation of Liability
   • Save as expressly set out in your Myerson Engagement, we exclude all implied conditions, warranties, representations or other terms that may apply to Myerson HR Portal or any Information.
   • Subject to clause 4, we will not be liable to you or any other person 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:
     • the use of, or inability to use, the Myerson HR Portal; or
     • the use of or reliance on any Information.
   • In particular and subject to clause 4, we will not be liable for the following arising under or in connection with the use of, or inability to use, the Myerson HR Portal, or the use of or reliance on any Information:
     • 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.
   • We will not be liable to you or any other person 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 your use of the Templates in breach of these Terms. Any other liability we may have in relation to your use of the Templates in compliance with these Terms will be governed by the terms of your Myerson Engagement.
2. Governing Law and Jurisdiction
   • These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You agree to the exclusive jurisdiction of the Courts of England.