The following additional terms also apply to your use of our Website or Platform:
Our Website is made available free of charge. Fees in respect of the Platform are set out in the HRDH Platform Agreement.
We may restrict access to some parts of the Website, or the entire Website. We may update and change our Website from time to time. We may suspend or withdraw or restrict the availability of all or any part of our Website for any reason.
From time to time we may: (a) withdraw or amend any of the data available through the Platform without notice; or (b) restrict access to parts of or the entire Platform.
We do not guarantee that our Website or Platform, or any content on them, will always be available, uninterrupted or error-free or meet your requirements.
We are the owner or the licensee of all trademarks, copyright and intellectual property rights in our Website and Platform, and in the material or trademarks published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. You are not permitted to use any intellectual property owned or licensed by us without our prior written approval, or the written approval of the relevant intellectual property owner as the case may be.
Rights to use materials and data made available through the Platform are as set out in the HRDH Platform Agreement.
Use of the Website and Platform and all data or information and content included in or accessible from the Website or Platform is provided on an "as is" and "as available" basis. Such data, information and any responses to any enquiries submitted to us are not, and should not be construed as, any form of professional or other advice and we shall have no liability arising from any reliance placed on any information in or results from the Website or Platform by you, or by anyone who may be informed of or receive any such information. To the fullest extent permissible by law, we and our service providers disclaim all statutory or implied warranties, representations and conditions regarding the Website and Platform and any data and information available on the Website and Platform including, but not limited to, those as to quality, merchantability, fitness for purpose and non-infringement. We are not responsible for the timeliness, accuracy, completeness, deletion, non-delivery or failure to receive or store any information, communications or personalisation settings.
You agree that you:
• are at least 18 years of age and resident in the UK;
• will not misuse our Website or Platform: (a) by using it in any way that: (i) breaches any applicable local, national or international law or regulation; (ii) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or (b) by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• not access, store, distribute or transmit any material during the course of your use of the Website or Platform that: (a) is unlawful, fraudulent, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; (f) is likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, or cause annoyance, inconvenience or needless anxiety, be used to impersonate any person, or to misrepresent identity or affiliation with any person, gives the impression that it emanates from us; or (g) is intended to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• will not attempt to gain unauthorised access to our Website or Platform, the server on which our Website or Platform is stored or any server, computer or database connected to our Website or Platform;
• not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website or Platform and/or data or information in connection with the Website or Platform in any form or media or by any means;
• not attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website or Platform including any benchmarking data;
• will not attack our Website or Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable law. 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;
• will not send, knowingly receive, upload, download, use or re-use any material in connection with the Website or Platform which infringes the rights of us or any third party; and
• will not do or say anything that would bring the Website or Platform or us into disrepute.
In respect of your use of the Platform (if applicable), you will:
• create a user account using the username and password provided by us and will provide a valid email address and any other piece of information deemed necessary as part of HRDH's security procedures and required to enable us to administer the Platform and user account;
• change the password, which was issued to you by us, when you first log in to the Platform. You will keep a secure password for use of the Platform, which you shall change frequently and keep confidential;
• ensure that your account is not used by more than one individual unless it has been reassigned in accordance with the HRDH Platform Agreement, in which case you will no longer have any access or usage rights in connection with the Platform;
• not access all or any part of the Platform and data or information in connection with the Platform in order to build a product or service which competes with the Platform or to provide services to third parties;
• license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform and/or any data or information in connection with the Platform available to any third party who is not an authorised user of the Platform;
• only use information made available through the Platform for the purposes of internal research, analysis, reporting and management decisions related to your/your employers employees (as applicable) and in respect of your/your employers (as applicable) business operations;
• attempt to obtain, or assist unauthorised third parties in obtaining, access to the Platform and/or data contained in the Platform; and
• use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and/or the benchmarking data contained within the Platform and, in the event of any such unauthorised access or use, promptly notify us.
We do not guarantee that our Website or the Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website and Platform (as applicable). You should use your own virus protection software.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
We will not be liable to you 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, our Website; or
• use of or reliance on any content displayed on our Website.
In particular, 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.
Different limitations and exclusions of liability will apply to any liability arising in connection with the operation or supply of the Platform, which are set out in the HRDH Platform Agreement.
Where our Website or the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.