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General conditions

Any download of guides, tools or templates (hereafter the Products) is subject to legally binding terms and conditions. Carefully read all of the applicable General Conditions as set out below.

If you accept these General Conditions, check the ‘I accept the General Conditions’ box below. That action is the equivalent of your signature, indicating that you accept the General Conditions and that you intend to be legally bound by them.

1.     Application

1.1. These General Conditions apply to all offers to and agreements with any company, organization and person that/who contacts HRM Toolshop through the internet, and more specifically through the Website www.hrmtoolshop.com when placing an order. These General Conditions always apply to any purchase made by the client through www.hrmtoolshop.com and exclude any purchasing conditions of the client.

1.2. By placing an order, you acknowledge to have read and unreservedly accepted the General Conditions.

1.3 With its HRM Products, HRM Toolshop is only targeting professionals in the Human Resources sector and/or business professionals with human resources responsibilities (hereafter Professional). Any license granted under these general conditions is subject to your qualification as a Professional. By placing an order, you warrant that you are.

 

2.     HRM Toolshop Products

2.1. Over the years, our HRM Toolshop consultants have developed practical tools for organizing and optimizing companies’ human resources management. Their knowledge and expertise has been compiled in a vast range of documents such as process flows, checklists, policies, templates, workshops, manuals, etc., treating specific as well as general HRM topics (hereafter the Products). As from now, HRM Toolshop is also offering these Products to other Professionals under a license model.

 

3.     License

3.1. For the purpose of this clause Intellectual Property Rights will have the following meaning: all intellectual, industrial and other property rights (irrespective of whether these are registered or not), including but not limited to copyrights, related rights, marks, trade names, logos, drawings, models or applications for registration as a drawing or model, patents, patent applications, domain names, knowhow, as well as rights to databases, computer programs and semi-conductors.

You explicitly acknowledge (1) that all Intellectual Property Rights related to the Products belong to HRM Toolshop or a third party with whom HRM Toolshop concluded an agreement in this regard and (2) that this agreement does not grant you any title nor any other right than the license rights granted in this article.

3.2. License Model:

(i) You obtain a non-exclusive, non-transferable user license to use the Products that you are granted a license for, within your own organization (that is, for one and the same legal entity), or in the context of your own consultancy activities with respect to your own clients. This license does not allow you to commercialize the Products, either online or offline. The content of these Products must be kept strictly confidential, and must not be disclosed to any third party, except within your own organization or to your own clients, in the context of your own consultancy activities.

(ii) You can download the Tools & Templates from the HRM Toolshop Website in Excel, PowerPoint, Visio or Word, depending on the format in which the Product has been developed. These are marked with HRM Toolshop’s logo. You are allowed to remove this logo in the context of a legally licensed use of these Tools & Templates. This does not apply for the guides (the How-to-Guides) which are only provided as a JPG file.

(iii) The user license applies to the purchased product subject to the full license fee being paid, for a period of 3 years and for the whole world.

3.3. Notwithstanding any user license being attributed to you, the HRM Toolshop consultants retain their moral right to integrity on their work. This means that the consultants, or HRM Toolshop on behalf of the consultants, can act at all times against any amendment or adjustment to their creations that can damage their honor or reputation.

3.4. You commit to respecting the Intellectual Property rights of the HRM Toolshop Products and to making reasonable efforts to protect these rights. If you are aware of any violation of these rights, you shall immediately inform HRM Toolshop.

3.5. The license provided to you in accordance with article 4.2 does not cover the use, communication and/or publication of the photographs used in the Products. These photographs must thus be removed by you from the Tools & Templates. If you want to use, communicate and/or publish these photographs, please contact Shutterstock Inc. (www.shutterstock.com) in order to obtain a user license.

 

4.     Price

4.1. You owe the license fee applicable at the moment that you place your order. The prices are always specified in Euro VAT inclusive.

4.2. HRM Toolshop reserves the right to amend the prices and to adjust any potential input errors on the Website, without this giving rise to an obligation to pay any damages to you.

 

5.     Concluding the agreement

5.1. Your agreement with HRM Toolshop is concluded in English.

5.2. The agreement is concluded in accordance with the following steps:

(i)          You place an order on the Website by first clicking on the Product or Products of your choice and then clicking the link ‘Add to Cart’;

(ii)        You receive an overview of your order. This allows you to detect and rectify any potential input errors. The total license fee will be adjusted automatically. If you want to proceed, click ‘Next Step’.

(iii)      Next, you will be shown a screen on which you should enter the following data (unless you already have an HRM Toolshop account, in which case you can log in with your user name and password and immediately go to Step 2 where you must choose the payment method):

1: Your Details:

Validate all data by clicking on the link ‘Next step’. You can return to the previous step to detect and rectify potential input errors by clicking the ‘Previous step’ link. Regarding the use of your personal data, we refer to the privacy policy in the User Terms Website.

(iv)      The General Conditions of HRM Toolshop will appear on your screen, including the license conditions. These conditions should be read carefully. You can print these conditions or save them on the hard disc of your computer for later consultation. By checking the box ‘I accept the General Conditions’ these General Conditions will apply to your order. Only then you will be able to proceed to the next step.

In order to proceed with your order, you should click the link ‘Next step’. You can return to the previous step to detect and rectify potential input errors by clicking the link ‘Previous step’.

(v)        Verification and Confirmation of your Order: You receive a list of the Products that you ordered and the total license fee for your order.  You can return to the preceding step to detect and rectify potential input errors by clicking the link ‘Previous step’. By clicking the link ‘Confirm Order’, your order will be final. You will be sent to the Ogone platform (see 7. Payment Modalities), where your financial data will be processed.

(vi)      Once you have carried out this procedure and your payment has been accepted, you will receive our confirmation of receipt and the acceptance of your payment through our Website and in a separate email. This confirmation will include a summary of your purchase, as well as the download details for the Products for which you bought a license. You can print this confirmation or save it on the hard disk of your computer.

There is a valid agreement between you and HRM Toolshop once HRM Toolshop has accepted your payment (bullet vi). As from then, you can download and use the purchased Products, in accordance with the user license.

 

6.     Payment Modalities

6.1. The person who places the order will be considered as the license holder and warrants payment of the order.

6.2. Payment takes place via American Express, Visa, Mastercard, Paypal, Bancontact/Mister Cash, KBC/CBC Online, ING HomePay, Belfius Direct Net, iDEAL, Giropay.

All payments are certified by Ogone. With one mouse click you will be sent to the Ogone platform, where your financial data will be processed. Your financial data will be invisible for HRM Toolshop. HRM Toolshop will only receive the result of the transaction.

HRM Toolshop limits the registration of data to those required for handling the order and for the communication with you as a license holder. 

 

7.     Liability

7.1. All HRM Toolshop’s obligations are obligations of means. The Products are the result of the expertise and experience of HRM Toolshop’s consultants in HRM matters. However, different approaches are possible for similar or identical HRM questions. HRM Toolshop’s Products are the personal answer of the HRM Toolshop consultants to these topics, which were formulated based on numerous years of HRM knowledge building and experience in different companies, industries, locations. It is your responsibility as a Professional, to assess if the Products are appropriate for the HRM question at hand, the applicable national or supranational legislation, the company culture, existing contractual relationships, etc. In other words, the Products complement your professional expertise, but can in no way replace it and cannot be considered as legal advice. HRM Toolshop cannot be held liable if a Product should not be suitable for you, your organization or your client.

7.2 HRM Toolshop cannot be held liable for damages resulting from mistakes, even serious mistakes (with the exception of fraud) committed by HRM Toolshop or its employees/ consultants.

7.3 Furthermore, HRM Toolshop’s liability is in every way limited to your direct damages (excluding indirect damages such as result damages, loss of time, etc.) and limited to the license fee that you have paid to HRM Toolshop for the Products that caused these damages.  

 

8.     Force Majeure

In the event that HRM Toolshop is not able to perform its obligations under this agreement as a result of force majeure, a strike, a fire or any other unforeseen circumstances, such as illness or death, it reserves the right to terminate the agreement without any damages being due.

 

9.     Unavailability of the Website – Amendments

9.1. HRM Toolshop reserves the right to amend this Website, as well as these General Conditions, i.a. if required by technical evolution, evolution in IT security systems, or amendments in the applicable legislation and regulations.

9.2. HRM Toolshop also reserves the right to suspend its service delivery through this Website for maintenance reasons or to upgrade or adjust the system, without giving any explanation or justification. HRM Toolshop has no liability for any costs, losses or damages of any kind arising as a consequence of suspending its service delivery on the Website.

 

10. Privacy

You can only place an order through HRM Toolshop’s Website if you agree to provide correct and complete information about yourself, as requested during the ordering process. HRM Toolshop respects and protects your privacy. We attach a great deal of importance to treating all your personal data with the utmost care and confidentiality. For more information about our privacy policy HRM Toolshop refers to its User Terms Website.

 

11. Applicable Law - Jurisdiction

The validity, interpretation, and implementation of this Agreement shall be governed by Belgian law. All disputes with respect to the Agreement shall be submitted to the competent Court in Ghent, Belgium.

 

12. About HRM TOOLSHOP

Owner: HRM Toolshop bvba, Stationsstraat 9, 9240 Zele doing business under the commercial name HRM Toolshop

Telephone Numbers: +32/(0)478 88 46 34 - +32/(0)461 55 23 59

Principal Activity: HRM Consultancy and licensing HRM Tools & Templates.

Official Company Identification: 0836.976.574

VAT Number: BE0836.976.574

For any questions or comments, you can e-mail us at info@hrmtoolshop.com.

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