Terms and Conditions

01 Introduction and Acceptance

This website is operated by EWA Employment Law & HR ("EWA", "we", "us" or "our"). References to "you" and "your" mean the individual or organisation accessing our website or purchasing, downloading or using our products or services.
These Terms and Conditions apply to all users of our website and to all purchases, downloads and use of resources supplied by us.
By accessing our website, placing an order, purchasing a Resource, downloading a Resource or otherwise using our services, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.
If you are purchasing or using a Resource on behalf of an organisation, you confirm that you have authority to do so and that these Terms and Conditions are binding on that organisation.
Our Resources are primarily intended for businesses, employers, HR professionals and other organisations. They are not intended to constitute advice to consumers.

02 Resources and Licence

When you purchase or download a template, policy, contract, letter, training material, handbook or other document or material from us (a "Resource"), you are purchasing a licence to use that Resource, not ownership of our underlying intellectual property.
Subject to payment being received in full and compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable licence to use the Resource for your organisation's own internal business purposes.
You may adapt, amend and customise a Resource for your organisation's own circumstances.
You may store copies of the Resource on your organisation's internal systems and provide copies to employees, workers, managers and officers where reasonably necessary for your organisation's internal business purposes.
Unless expressly agreed otherwise in writing, the licence applies to the purchasing organisation only and does not permit use by other businesses, clients or separate legal entities.

03 Copyright and Intellectual Property

All intellectual property rights in our original Resources, including copyright, design, structure, wording, formatting and underlying content, remain owned by EWA Employment Law & HR or our licensors.
Nothing in these Terms and Conditions transfers ownership of our intellectual property rights to you.
Any amendments or adaptations you make to a Resource for your organisation do not transfer ownership of the original Resource or its underlying intellectual property to you.
You must not remove copyright notices, ownership notices, branding or other proprietary notices from a Resource except where reasonably necessary to customise the Resource for your organisation's internal use.

04 Prohibited Use

Important

Our Resources are licensed for internal use by the purchasing organisation. They are not sold for onward distribution or resale.

You must not sell, resell, sublicense, licence, rent, lease or otherwise commercially exploit any Resource.
You must not provide a Resource to another business, organisation, client or third party, whether for payment or free of charge.
You must not upload, publish or make a Resource available on a publicly accessible website, platform, document library, marketplace or file-sharing service.
You must not use a Resource as part of a commercial HR consultancy, employment law, training, document drafting or template service provided to third parties.
You must not reproduce or distribute Resources for use by multiple separate businesses or legal entities under a single purchase.
You must not use our Resources to create, market or supply a competing product or service.
You must not reproduce substantial parts of our Resources in another document, template, product or service for commercial distribution.
You must not share your account, membership access, download access or other credentials with another person where doing so would circumvent the applicable purchase or subscription terms.

05 HR and Employment Law Resources

Our Resources are intended to provide practical starting points and general guidance for employers and HR professionals.
A Resource may require amendment to reflect the circumstances, policies, practices, workforce, contractual arrangements and risk profile of your organisation.
Employment law and related guidance can change. A Resource that was accurate when supplied may subsequently require amendment because of legislative, regulatory, case law or guidance changes.
You are responsible for reviewing a Resource before using it and for ensuring that the final document is appropriate for your organisation and circumstances.

06 No Legal Advice

Important legal information

Our Resources and website content are provided for general information and practical guidance. They should not be treated as a substitute for advice from a suitably qualified legal professional on your particular circumstances.

EWA Employment Law & HR is an HR consultancy and resource provider and is not a regulated law firm.
Nothing on this website, and no Resource supplied by us, creates a solicitor-client relationship or other relationship of legal representation.
We do not provide legal representation in employment tribunal proceedings or other legal proceedings unless expressly agreed otherwise in writing.
You remain responsible for obtaining independent legal advice where appropriate, particularly where a matter involves an actual or potential dispute, tribunal proceedings, litigation, significant financial exposure or complex legal circumstances.

07 Accuracy and Updates

We take reasonable care to ensure that information and Resources supplied by us are accurate at the time they are prepared or supplied.
However, we do not guarantee that every Resource will remain accurate, complete or legally appropriate following subsequent changes to legislation, regulations, case law, official guidance or established practice.
Where a Resource is described as updated or compliant as at a particular date, this refers to the information and legal position reasonably understood to apply at that date.
Unless expressly stated otherwise, purchasing a Resource does not create an ongoing obligation on us to provide future updates or amendments to that Resource.

08 Prices and Payment

Prices displayed on our website are those applicable at the time of purchase, subject to any obvious pricing error.
Payment must be received before access to a paid Resource, download or service is provided, unless otherwise agreed in writing.
We reserve the right to change our prices, products and services at any time. Changes will not affect an order that has already been accepted and paid for, except where required by law.
Where a subscription or recurring payment applies, the applicable subscription terms, cancellation arrangements and payment frequency will be stated at the point of purchase.

09 Digital Products and Refunds

Many of our Resources are digital products supplied by electronic download or electronic access.
Where you purchase a digital product, you acknowledge that digital content may be supplied immediately after purchase.
Where applicable law permits you to request cancellation or a refund, nothing in these Terms and Conditions is intended to remove or restrict those statutory rights.
Where you have expressly requested immediate supply of digital content and acknowledged that this may affect your statutory cancellation rights, the applicable statutory rules relating to digital content will apply.
If you believe a Resource is defective, corrupted, inaccessible or materially different from the description provided, please contact us promptly so that we can investigate and, where appropriate, provide an appropriate remedy.

10 Limitation of Liability

Nothing in these Terms and Conditions excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
Subject to clause 10.1, we shall not be liable for losses that were not reasonably foreseeable to both parties when the contract was formed.
Subject to clause 10.1, we shall not be liable for loss of profit, loss of revenue, loss of business, loss of opportunity, loss of anticipated savings or indirect or consequential loss arising from your use of our website, Resources or services.
You acknowledge that our Resources are general guidance and that responsibility for decisions made by your organisation, including employment decisions, remains with your organisation.
We shall not be responsible for employment tribunal claims, disputes, penalties, losses or other consequences arising from your failure to adapt, review or appropriately apply a Resource to your circumstances.
Nothing in these Terms and Conditions prevents you from exercising any statutory rights that cannot lawfully be excluded or restricted.

11 Website Availability

We aim to keep our website and digital services available, but we do not guarantee that the website or any particular Resource will always be available, uninterrupted, secure or error-free.
We may suspend, withdraw or modify all or part of the website or a service where reasonably necessary, including for maintenance, security, technical or operational reasons.
We are not responsible for interruptions caused by circumstances outside our reasonable control.

12 Data Protection and Privacy

Personal data submitted through our website will be processed in accordance with applicable data protection legislation and our Privacy Policy.
This includes the UK General Data Protection Regulation and the Data Protection Act 2018, as applicable from time to time.
Please refer to our Privacy Policy for further information about how personal data is collected, used, stored and protected.

13 Changes to These Terms

We may update these Terms and Conditions from time to time to reflect changes to our business, services, legal requirements or applicable law.
The latest version will be published on this website and will show the date on which it was last updated.
Changes will not retrospectively alter contractual rights that have already accrued, except where permitted or required by law.

14 General

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, where legally possible. The remaining provisions shall continue in full force and effect.
A failure or delay by us in exercising any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy.
These Terms and Conditions, together with any terms expressly incorporated into them, constitute the agreement between you and us in relation to the relevant purchase or use of our Resources.
Nothing in these Terms and Conditions creates a partnership, agency, employment or joint venture relationship between you and EWA Employment Law & HR.

15 Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
Subject to any mandatory rights or jurisdiction that apply under applicable law, the courts of England and Wales shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with these Terms and Conditions.