Thank you for visiting the website of HR Expert Australia (ABN: 38129972185) which is owned and operated by HR Expert Consulting International Pty Ltd (ACN 129 972 185). By visiting and remaining on this website, you agree to be bound by:
· These terms and conditions (hereafter known as “HR Expert Australia’s Terms & Conditions”); and
· Our Privacy Policy; and
· Our disclaimer; and
· Any additional conditions or notices contained elsewhere on this website.
For the avoidance of doubt, the above items jointly constitute the conditions of the supply, use and access to this website.
1. Joining HR Expert Australia
You can join HR Expert Australia online. The process by which this occurs is:
o You register your details on HR Expert Australia, noting that such details will be held in accordance with our privacy policy and that by providing information, you warrant that it is accurate;
o You confirm your order; and
o You pay the amount set out in your invoice on time and in full.
For the avoidance of doubt, you will be legally obligated to pay the amount due as soon as you confirm your order. Nevertheless, your HR Expert Australia membership will only be activated on receipt of full payment by us (“the Start Date”).
2. Payment By Credit or Debit Card
o When you join HR Expert Australia and pay with a credit/debit card, we will automatically debit that card for all payments that become due during the duration of your subscription to HR Expert Australia (including for any renewal of that subscription). If you wish to change or update your payment method, you must provide us with one month’s written notice that you wish to do so. If you do not do this, we will continue to debit the relevant card; and
o By providing us with a credit or debit card, you warrant that you are entitled to use that credit or debit card, and agree to indemnify us against any breach of this warranty. You further agree that this clause will not merge on termination of your membership.
3. Minimum Age Requirement
Members of HR Expert Australia must be at least 18 years of age. Anyone under the age of 18 is not entitled to become a member in their own right. By joining HR Expert Australia, you warrant that you are at least 18 years of age, and note that if we discover this to be incorrect, we may immediately terminate your membership and retain all funds already remitted to us.
4. Membership Term
The minimum HR Expert Australia membership period is 12 months from the date that you join HR Expert Australia. Your membership will roll over and continue each year thereafter unless you by give us one month’s written notice that you wish to end your membership of HR Expert Australia on any 12 month anniversary of the Start Date. Each 12 month period is referred to in these terms as the “Licence Period”.
5. Membership Renewal
We will make a reasonable attempt to contact you at least once, by email or telephone, prior to your annual subscription becoming due, to ensure you wish to continue your membership.
Please note that if you pay an annual subscription by credit/debit card it is your responsibility to let us know, giving us one month’s notice in writing before payment is taken, if you wish to cancel your membership.
We cannot provide any refunds on subscriptions paid. Please note that if your subscription is not received by the due date, we reserve the right to suspend or terminate your membership and licence.
6. Rights and Restrictions
o As an HR Expert Australia member and on payment of the subscription fees, you will have a non-exclusive, non-transferable licence (subject to the ability to transfer the licence within your organisation with our consent, as set out in clause 9) to access and download our full library of human resources materials including policies, procedures, templates, handouts, and other documents for your personal use during the Licence Period. This licence is personal to you and you may not transfer, sub-licence, sell, assign, or otherwise dispose of the materials that you download. You may not, without our prior written permission pass copies of the HR Expert Australia materials to any other individual. For the avoidance of doubt, there are no restrictions on the number of documents you can download whilst you remain a member and you will not be charged any download fees over and above your annual subscription;
o You may not copy (in whole or in part) any document to which you are provided access in accordance with subclause (a);
o You must retain the copyright statement on the documents to which you are provided access in accordance with subclause (a). You will only use the documents in the format provided by us and without distortion, cropping, reconfiguring or amendment;
o Notwithstanding subclause (c), where documents are provided as Microsoft Office Documents (for example in the case of most policies and forms) you may amend these documents to reflect your preferred ‘look and feel’ by adding your own organisation’s logo, or changing fonts. Moreover, there is no need to make reference to HR Expert or HR Expert Consulting International Pty Ltd on handouts that we make available as Microsoft Word Document.
You irrevocably agree that copyright subsists in all material found on or in:
o This website; and
o Any database, system, or material to which you gain access as a result of your membership of HR Expert Australia, or your use of this website.
7. Security
Access to your user account with us and the material available on HR Expert Australia will be gained by using the username (usually your email address) and a password that you created during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer unattended while you are logged on to our site and should ensure that it is switched off each time you have finished.
You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account. We reserve the right to refuse service or terminate your account if we suspect an unauthorised person is attempting to access it.
8.Membership Transfer
With our prior written consent a HR Expert Australia membership may be transferred to a different individual within the same organisation at any time. This is useful when an employee moves into a new role and is replaced by someone new.
To transfer your membership, you should contact us with details of the individual to whom the membership should be transferred. The proposed new member will be required to agree to these terms and conditions of use (and to the terms of all of the documents by which you have agreed to be bound), and on receipt of an agreement from that member confirming that he or she agrees to be bound, the proposed new member be allowed to take over your membership without incurring additional costs.
9. Corporate Membership
The licence granted in these term applies to you as an individual only. Where an organisation is comprised of more than one person who wishes to l access and/or use HR Expert Australia or any materials, ideas, models or any other intellectual property of HR Expert Australia, every person who wishes to do so have purchase membership of HR Expert Australia individually. In such cases, we may provide a reduced membership fee.
10. Termination of Membership
o We may terminate your membership at any time by giving written notice to you immediately and without refund if you commit any continuing or material breach of these terms (including but not limited to failing to pay any amount which is due to us on time and in full);
When your membership ends (regardless of how it ends) you will immediately:
o Stop using the materials;
o Destroy, or upon our request, return the materials to us; and
o Delete or remove the material from your premises, computer system and storage (electronic or physical).
If requested to do so by us, you shall provide to us a sworn statement confirming you have complied with these obligations set out above (points 1 to 3).
11. GST
Unless otherwise stated, all prices shown on the HR Expert Australia website are exclusive of GST.
12. Disclaimers and Limitations
The content of our website do not constitute advice and should not be relied upon in making or refraining from making, any decision. You agree to indemnify and hold HR Expert Australia and HR Expert Consulting International and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against you arising out your use of the websites. Our websites is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, HR Expert Australia and HR Expert Consulting International will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of its website or any material or services purchased or downloaded from the website. Reliance on information, material, or advice contained within HR Expert Australia shall be at your sole risk. Users of the website and material are encouraged to confirm information received with other sources, and to seek local qualified advice if embarking on any actions that could carry personal or organisational liabilities.
HR Expert Australia and HR Expert Consulting International makes no warranty that the functionality of its website will be uninterrupted or error free, that defects will be corrected or that the website or the server(s) that make them available are free of viruses or anything else which may be harmful or destructive. Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of HR Expert Australia and HR Expert Consulting International for death or personal injury as a result of the negligence of HR Expert Australia and HR Expert Consulting International or that of its employees or agents.
The maximum Liability of HR Expert Australia and HR Expert Consulting International arising in connection with the sale of goods or services, whether arising in contract or by reason of negligence of HR Expert Australia and HR Expert Consulting International, its employees, its agents or otherwise will not exceed 12 months subscription fees or the total amount paid by you to HR Expert Australia and HR Expert Consulting International (whichever is the lesser amount).
We exclude all warranties, rights and remedies other than those stated or implied by the Trade Practices Act or any similar state or territory legislation. To the extent permitted by law our liability for breach of any implied warranty or condition which cannot be excluded is restricted to the resupply of services we have supplied to you or the refund of the costs of those services. You expressly agree that we shall not be liable for any indirect, special, incidental, consequential and/or consequential losses or damages or loss of profit, data or use arising out of the use, performance or viewing of this website. We will use reasonable care in the preparation of the content of all advertising and other material on this site, but we do not warrant that the material on this site is free from errors or omissions, up-to-date or accurate. We shall attempt to ensure that our services and access to this site will be available, but we cannot and do not warrant that our services will be continuous, virus free, secure and uninterrupted.
13. Severability
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14. Copyright on the Website
The contents of the Websites are protected by national and international copyright laws and other intellectual property rights. HR Expert Australia and HR Expert Consulting International or other third party licensors are the owners of the intellectual property rights in all trademarks service marks trading and other names logos designs content drawings illustrations photographs videos graphics and/or software referred to or contained on our Websites. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Websites including but not limited to text, graphics, video, messages, code and/or software except for your own personal use, as permitted by any licence granted in these terms.
15. Our Right to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. If we do vary or amend these terms we will post any such variation or amendment on the Websites. You should therefore regularly visit these pages to review the then current terms and conditions. Your continued use of our website will be taken to constitute acceptance of any amendments to the terms and conditions.
16. Obtain Professional Advice
The information in this website should not be used as a substitute for professional advice and assistance and we strongly recommend you obtain advice before taking any commercial decisions or actions.
17. No endorsement of other organisations
This website may incorporate links to the websites of other organisations. The links should not be taken as implying an endorsement or approval of the content of those websites or the activities of the organisations and businesses responsible for them. We are not responsible for the content of any website linked to or from our site.
18. Accuracy of Information
HR Expert Australia and HR Expert Consulting International do not become involved in the transaction between the advertiser and users of this website. We do not screen all listings on this site, and therefore give no warranty as to the accuracy of the information posted by advertisers, and specifically make no representation as to the accuracy, availability, legality, quality, suitability, viability, or truth of any matter, referred to in any form of advertisement, link or mention of third party services on this site. Further, we do not make any warranty as to the accuracy of the identity of any advertiser or user of this website. We do not endorse or condone any comments expressed by advertisers or third parties on this site, and we disclaim any responsibility for any such comments.
19. Your Responsibilities as to Usage
As a condition of your accessing and use of this website, you warrant that you will not use this website:
o For any unlawful or illegal purpose
o To impersonate any third party, personal, individual or entity
o For any use that is prohibited by these terms and conditions
o For any use that may be in breach of any third party’s rights, intellectual property rights, property rights or copyright
o To publish, distribute, transmit or email any material which may be obscene, defamatory, offensive, threatening, abusive or any kind of material whatsoever that infringes upon the rights of any other person or entity, or constitutes or encourages any conduct that would give rise to civil liabilities, constitute a criminal offence or violate any law or regulation.
o To knowingly transmit any virus or any other computer codes or files that would disable, interrupt, limit or otherwise affect the functionality of any computer hardware or software.
o To engage in any conduct that is false or misleading
o To engage in any conduct that is in breach of Trade Practices Legislation
o To breach the privacy of any third party
You are liable to us for any breaches of the terms and conditions of the use of this site, and you agree to indemnify us against all claims, damages, demands, costs and liability whatsoever caused by your breach of these terms. You agree not to tamper with or affect the operation of this website, or any content on this website.
20. Applicable Law
The terms and conditions and the use of this website will be governed by and construed in accordance with the laws of the State of New South Wales, and the Commonwealth of Australia. We ask you to read and consider these terms and conditions prior to using our website. If you do not agree with the terms and conditions, privacy policy and disclaimers, you should not use our website. Your use of this website constitutes an acceptance by you to be bound by the terms and conditions and other notices disclaimers and policies on this site. If you have any queries about the terms and conditions of use or require further information, you can contact the HR Expert Australia team.
