General Terms and Conditions
The following Terms and Conditions of Engagement are applicable to the supply of online DIY HR (human resource) services and products offered by Stapleton Consulting (“the Work”). DIY HR is a subsidiary ‘sister’ brand of Stapleton Consulting and is included in the definition of “the Work”.
Stapleton Consulting and DIY HR is also called “we” or “us” in these Terms and Conditions. The Client means the person or business accepting these Terms and Conditions and is also referred to as “you” or “yourself”.
These Terms and Conditions of Engagement are current and effective from 1 February 2021.
Your request to commence the Work in accordance with the purchase of a DIY HR course and completion of the onboarding process constitutes your acceptance of the General Terms and Conditions of Engagement and any other express terms and conditions of engagement mutually agreed between us and you in writing at the time of the course purchase.
Variations and Additional Terms
Any instructions from you to vary or alter the scope of our services will be treated as a variation.
Notwithstanding anything in these Terms and Conditions, our fee may be increased by the amount of any reasonable increase in cost of our services between the date of the course purchase and the date we commence providing our services to you and where such increase is beyond our control.
These Terms and Conditions, and any other express terms and conditions of engagement mutually agreed between us and you in writing, compromise all the terms, representations and warranties between the parties. Any implied terms, conditions or warranties are expressly excluded from these Terms and Conditions.
Stapleton Consulting provides online human resource education courses focusing on generalist and specialist HR services including recruitment and employee benefits.
Our DIY HR services may be provided via an online platform, video conferencing, in-person, over the phone, or via email.
We reserve the right to refuse you our services or access to DIY HR.
The Advice We Provide
Where we provide HR advice, it is our professional duty to give your affairs proper care, skill and attention.
We will throughout the duration of the Work, rely on you to supply in a timely manner all information needed to work on your behalf and to tell us promptly of any relevant change in circumstances for any real time examples used. We will not check the accuracy of such information unless it is specifically agreed in writing that we are to do so.
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.
Where any advice we provide is incorrect, and does not arise from you failing to disclose all information, we agree to take 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.
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 people who we employ or engage as contractors have access to your files and they are under similar duty of confidentiality.
About DIY HR
DIY HR is an online ‘virtual’ HR online learning and subscription service provided by Stapleton Consulting. DIY HR offers online HR consultancy services and resources in an online-learning environment and via a cloud-based file sharing portal.
DIY HR has its own brand but is very much part of Stapleton Consulting.
You may access DIY HR and our consultancy services at any time. Nothing shall preclude you from using one or the other.
By subscribing to DIY HR and purchasing one or more of the online products at the listed fee(s) you get a limited license to download the resources made available (excluding any video content) via DIY HR.
Your license to use DIY HR is restricted to the terms outlined in this document.
It is our goal to provide an uninterrupted online resource accessible at all times of the day. However we will not be liable if DIY HR becomes unavailable due to a technical fault or any other reason.
Whilst great care has been taken to ensure the accuracy and the suitability of the information provided via DIY HR, they are not a substitute for HR or legal advice and should only be used for general guidance.
The information we provide is based upon New Zealand law and best practice applicable at the time of drafting or creation. If you are unsure about how to use or apply the information available, please consult us for advice using our consultancy service.
We do not guarantee that any particular information will be available via DIY HR. Nor do we accept any liability, whether direct or indirect, for any loss, damage or expense (including loss of profit) occasioned through the use of DIY HR, or any breach by us of these terms.
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.
During your DIY HR subscription, you may access consultancy services via email or telephone, for the purpose of resolving an HR issues or HR issues of a general nature.
It shall be in our sole discretion to decide how many emails or phone calls are reasonable for your subscription. You may incur an additional consultancy fee, separately to your subscription fee for exceeding the HR coaching allocated or for handling an unreasonable level of email or telephone queries. In this instance, you will advised in advice of our intention to apply such fees at the time. Our fees shall be calculated at rates advised to you at the time of us giving you notice.
At our sole discretion, we may advise you that your HR issue is too complex to resolve via email or the telephone. In this instance you will be referred onto our consultancy service.
DIY HR Fees
You may purchase a DIY HR course, module or product (“the Course”) for the fee advertised on the Website at the time. You may have access to (“the Course’) for a minimum term of 6 months from the purchase date. You may extend your access to the Course by purchasing a subscription. DIY HR products and services provided by a third party online platform. Payment for these products and services are made by credit card via a third party e-commerce payment provider (“E-Commerce services”). We use Stripe and ThriveCart.
DIY HR Subscription Payment Terms
Payment of the following services can be made online in advance through the Website using our E-commerce Services:
- Annual subscription to DIY HR online courses
- The purchase of any mini-courses or individual online resources (‘the Documents’)
- Payment for monthly subscription services or products listed on our website
You agree not to use our E-Commerce Services for any improper, injurious, offensive or unlawful purpose.
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 (or debit 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.
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 store your transaction confirmation for future reference.
We shall have no liability for transactions which are incorrect as a result of inaccurate data entry whilst providing E-Commerce Services or for loss of data or information caused by factors outside of our control.
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.
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.
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 Stripe or ThriveCart shall have any liability for the interception or ‘hacking’ of data through the Website by unauthorised third parties.
Stapleton Consulting reserves the right to engage subcontractors to carry out the Work should the need arise.
We are an independent consultancy service provider without the authority to bind you by contract or otherwise and neither us or our personnel are agents or employees of you by virtue of this Agreement.
Use of Personal Information
We are committed to adhering to the requirements laid down by the Privacy Act 1993 to ensure that any information provided to us by a candidate is kept and used for lawful purposes.
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.
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.
Promotion and Marketing
By providing us with your email address, you consent to receiving promotional material from us.
By providing personal information to us, whether verbally or in writing by whatever means then you expressly acknowledge that you have read and understood the terms and conditions related to Personal Information and because of this, you consent to us collecting personal information about you and disclosing and using that information as set out in the Policy.
Exclusion of Liability
While we make every effort to ensure the content of our website(s) provide accurate information, the website is provided on an ‘as is’ basis and the information provided is for general guidance only and does not constitute any advice of any kind.
We make no representations or warranties of any kind with respect to this website or its contents. In particular we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the website(s). The information contained in the website(s) may contain technical inaccuracies, or errors is expressly excluded to the fullest extent permitted by law.
Neither We or any one else affiliated with Stapleton Consulting or DIY HR (i.e. Directors or Shareholders or Employees) shall be liable for loss of damages arising out of or in connection, with the use of this website or reliance on its contents. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct or indirect or consequential damages, loss of data, income or profit, loss of or damages to property and claims of third parties.
Notwithstanding this, none of the exclusions and limitation in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
New Zealand Website
Our websites are New Zealand websites and are only targeted at New Zealand employers and employees. The websites are only relevant for use in New Zealand. If you do not intend to use this information in New Zealand, then do not use our website or its contents and images for information gathering purposes. In listing your place of residence and delivery address in our online form(s), you are representing to us that you are a resident of New Zealand. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.
These terms are subject to New Zealand law and you irrevocably accept the jurisdiction of the New Zealand Courts.
Persons under 18
We do not sell products or provide services for children or persons under the age of 18. If you are under 18 years of age, you may use our website(s) only with the involvement of a parent or guardian.
Any intellectual property rights held by the parties at the commencement of the Work will belong to that respective party. All intellectual property rights arising from the performance of the Work will be held by the Parties jointly. Intellectual property jointly created has been for your benefit.
You must not distribute intellectual property jointly created for the benefit of a third party without prior consent from us.
We are the proprietor and licensee of the DIY HR and Stapleton Consulting copyright in the website(s), its contents (paid or unpaid) and images and no part of these websites may be reproduced without our express permission or the permission of the copyright holder.
Copyright and DIY HR
All our online resources are our copyright. Your purchase of a DIY HR Course, the Documents or resources allows you to adapt the information strictly for your own business use on an as required basis.
You are strictly prohibited from:
- forwarding our Documents in whatever form to another person, firm or business for their use;
- sharing your username and password to DIY HR with another person, firm or business so that they can take advantage of the service provided by DIY HR without paying for it;
- reproducing the Documents in any form whatsoever except for the purposes provided for in these Terms; and
- using or adapting the Documents for on-sale to another person, firm or business.
If you wish to use the Documents for any of the purposes stated above you must first obtain our express consent.
Health and Safety
Where we provide consultancy services at your place of work, you must provide us a list of known identified risks relevant to the Work and any health and safety management plans (or similar) operated by you that is relevant to the Work. We do not assume any of your obligations under the Health and Safety at Work Act 2015.
Limitation of Liability
The Consumer Guarantees Act 1993, the Fair-Trading Act 1986, the Contract and Commercial Law Act 2017 and other statutes may imply warranties or conditions or impose obligations on us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, condition or terms imposed on us, our liability shall, where it is allowed be excluded or if it is not able to be excluded, only apply the minimum extent required by the relevant statute.
Except as otherwise provided by law we shall not be liable for any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by you or any other person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the Work.
You shall indemnify us against all claims and loss of any kind whether caused or arising because of our negligence or otherwise brought by any person in connection with any matter, act, omission or error by us.
Failure by us to enforce any of these DIY HR Terms and Conditions, and/or our Consultancy Terms and Conditions and/or any terms and conditions of engagement mutually agreed between us and you in writing, shall not be deemed to be a waiver of any of our rights or obligations under this contract.
E-Commerce Limited Liability
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.
We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.
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.
DIY HR Cancellation
You may terminate your DIY HR subscription by giving not less than 1 months’ notice of termination which shall be deemed to expire on the next anniversary of the commencement of your membership (”the Subscription End Date”). You shall be liable for all Subscription Fees up until the Termination Date.
Where you have purchased the Course and wish to cancel during the first 6 months, you shall be liable for the full purchase price.
Where your Subscription requires you to pay a monthly Subscription Fee and you cease paying your monthly Subscription Fee prior to the Termination Date or without giving proper notice of termination, you shall be liable for the yearly cost of access DIY HR plus any Consultancy Fees incurred by us in providing consultancy support based on our flat hourly rates at the time. We shall credit any monthly payments made by you during your current Subscription year in reduction of your liability under this clause.
In the event of a dispute or disagreement arising out of the contract between us and you, either party may give written notice no later than 14 days following the event/s giving rise to the dispute, to the other party specifying the nature of the dispute or disagreement, the remedy sought and requiring that the dispute or disagreement be determined and settled in accordance with this clause.
On receipt of the notice, the parties shall each appoint a representative who has authority to determine the grievance or dispute, and those two representatives shall meet as soon as reasonably possible to see if they can determine the grievance. All discussions, meetings and correspondence between the two representatives shall be deemed without prejudice and without concession of liability and shall not be used by either party in any later proceedings unless both parties agree, or agreement is reached by one party fails to honour the agreement.
If the two representatives cannot reach agreement within 30 days of being appointed, either party may refer the dispute to mediation.
These terms and conditions are governed by the law of New Zealand.