Terms and Conditions

HR Staff Manager Terms and Conditions –Coach Portal

 

The following terms and conditions outline the basis on which HRC Aust-NZ Pty Ltd (“HR Coach”) provides its online HR Staff Manager products and services to you. You must read the terms and conditions.  By using HR Staff Manager, the contents and features, related user guides and materials, including all functionalities available through www.hrstaffmanager.com.au, hereinafter referred to as the "Website", you agree to be bound by the terms of this Licence.   This agreement will continue for the term that HR Coach provides the Website to you, other than for certain obligations outlined below which survive beyond the term of this agreement.

 

Access to the Website

Use of the Website is solely verified by user login and password. You represent and warrant that you are authorised to use the Website and that you have capacity to be bound by these terms and conditions.

You agree to keep your username and the password that you use to log into the Website confidential. You are entirely responsible for maintaining the confidentiality of all access details of your Account. HR Coach does not accept any responsibility for breaches of your security. You agree to notify HR Coach immediately of any unauthorised use of your Account or any other breach of security.

 

Access to the Coach Portal of the Website is provided to authorised distributors only.  HR Coach has sole discretion in granting authorisation status to distributors and may discontinue your access at any time for any reason. HR Coach will review the authorisation status of distributors at a minimum of once per calendar year.  HR Coach grants you a personal, non-exclusive, non-transferable, limited licence to use the Website on the terms of this Licence for the authorisation period. If your authorisation status is terminated, you will no longer have access to the Website.

 

Your right and entitlement to use the Website concludes at the end of the authorisation period and is not linked to the dates of release, registration or provision by HR Coach of any Upgrades and/or Updates. Upgrades and/or Updates will be developed and included in the Website at HR Coach's sole discretion, and HR Coach does not warrant or represent that it will develop or release any Upgrades and/or Updates during the term of the authorisation Period or Licence.

 

Trial Version

You may create Trial subscriptions for Clients via the Coach Portal for the sole purpose of demonstrating the Website and providing Clients the opportunity to enter into a subscription to access the Website under separate Terms and Conditions.   Any unauthorised use of the Trail Version option is prohibited.

 

Use of the Website

You will not yourself or allow others to engage in any unlawful or prohibited use of the Website including, but not limited to:

  • To use the Website for unlawful purposes or any purpose prohibited by the terms of this Licence;
  • To use the Website in any manner that could damage, disable, overburden or impair any HR Coach server, or the networks connected to HR Coach's server or otherwise interfere with any other person's use and enjoyment of the Website;
  • To gain unauthorised access to any services or other accounts, computer systems or networks connected to the HR Coach server or Services, through hacking, password mining or any other means;
  • To obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
  • To knowingly or recklessly post, link to, install or transmit, or permit third party users to post, link to or to transmit:
    1. Any material that is abusive, threatening, harmful, malicious, defamatory, obscene, pornographic, profane or otherwise unlawful;
    2. Any material containing a virus or other hostile computer program; or
    3. To post, link to or transmit any material that constitutes or encourages a criminal offence, gives rise to civil liability or infringes the intellectual property rights of any third parties.
  • To knowingly or recklessly transmit, or permit third party users to transmit unsolicited emails in breach of Australian or New Zealand law.

You are responsible for any and all activities that occur under your Account by any person. HR Coach will not be liable for any loss that you may incur as a result of unauthorised use. You may be held responsible for losses incurred by HR Coach or any third party due to any unauthorised use of your Account.

 

Internet access, telecommunications networks, firewalls and security

You acknowledge and agree that use of the Website requires internet access which may be affected by factors beyond the control of HR Coach. Any access to the internet and storage of data on servers may involve risks and that while as far as possible HR Coach will try to, it cannot guarantee security. HR Coach does not guarantee the uninterrupted availability of the Website, features or applications of the Website, its servers (or the servers of third parties, which HR Coach may engage to provide the whole or part of the Website) because these may be dependent upon third party networks and security measures over which HR Coach has no control.

 

You acknowledge that HR Coach will not be responsible for any such delay or interruptions and that HR Coach will not have any liability to you for any failure or delay in delivering the Website to you.

Speed of internet access will vary and may be affected by factors beyond the control of HR Coach.  You acknowledge and accept that any access to the internet involves security risks and new threats to internet security are continually evolving; and you accept responsibility for maintaining your own security regarding access to the internet and protection of your data.

 

Technical Support Services

As an authorised distributor you agree to provide primary technical support services to any and all Clients accounts created via your Coach Portal.  Any commissions or rebates paid to you by HR Coach will be considered payment for primary technical support services to Client accounts associated with your Coach login.  You must not charge any additional fees to the Client in respect of technical support services.  In the event that you are unable to provide assistance as an authorised distributor, HR Coach may provide technical or help desk assistance. You may be required to pay charges for technical support, including technical support to reset account passwords, in accordance with the then current technical support policy.

 

Our technical support consultants are not available to you to provide general, legal, employment, industrial relations or other professional advice or to train you (it is assumed that you are already reasonably familiar with the Website) or to resolve any networking or interface computing or local IT problems that you may have. You agree that the determination of the nature of your query for these purposes may be made by our technical support consultants.

 

You acknowledge that HR Coach cannot guarantee that you will not experience some delay in having one of our technical support consultants answer your query. You will appreciate that as call volumes fluctuate so too will our response time.

 

Payments

Within 30 days of receiving eligible Client Subscription fees during the authorisation period, HR Coach will provide to the Coach a report detailing client fees receipted and a computation of the applicable commission.  Commission amounts will be paid to the Coach’s bank account via EFT upon receipt of a valid tax invoice from the Coach.  HR Coach reserves the right to terminate your access at any time for any reason including, but not limited to, a breach of any of these terms and conditions. If your access is terminated, or you choose to stop using your access or do not use the access, any commission, rebate or other fees payable to you will cease.

 

GST

All fees and charges disclosed on the Website are inclusive of GST at the current rate and may be increased as a result of any changes in the rate of GST. GST has the meaning used in the A New Tax System (Goods and Services Tax) Act 1999 and any applicable rulings issued by the Australian Commissioner of Taxation. 

 

Privacy

In providing the Website to you, HR Coach undertakes to comply with the terms of its Privacy Policy.

All documents, forms and other information created by you through the use of the Website are maintained on secure servers. HR Coach, its distributors, partners and suppliers will take all reasonable steps to maintain the confidentiality of, and restrict access to, this information and will not disclose any of this information to anyone unless required to do so by law. HR Coach does not warrant, and cannot ensure, the security of any information that you transmit to HR Coach, its distributors, partners and suppliers and any information which you transmit is therefore transmitted at your own risk.

 

Intellectual Property

The Website and its content is licensed not sold, despite any reference to "purchase" or "sale" in this Licence or in any invoice or purchase order for the supply of the Subscription. HR Coach reserves all rights not expressly granted to you. HR Coach is the either the owner or is licensed to use the intellectual property rights, including copyright, in the Website and retains ownership of the copyright and all other intellectual property rights in the Website including without limitation, all forms, documents, agreements, templates, notes or materials produced in connection with the Website, before or during the term of your subscription, and any material, methodologies, software, know-how or procedures notified or provided to you.

 

HR Coach grants you a restricted licence to use and print the forms, documents, agreements, templates, notes and user guides available as part of the Website and created through the use of the Website within the ordinary course of your business and in respect of your employees only. You may not provide the materials or any part thereof to any third party.

 

Subject to the intellectual property attributable to the underlying forms, documents, agreements, templates, and notes, the information provided by you will remain your property.  Where you have elected to share any documents, templates or other information with a Client, you are granting that Client a non-exclusive, non-expiring license to use the intellectual property rights, including copyright via the Website.  HR Coach is not responsible for any documents, templates, advice or information that you provide to a Client.  Any and all services that you provide to the Client will be under a separate agreement directly between you and the Client and HR Coach is not a party to said agreement.

 

Any infringement of HR Coach’s intellectual property rights including, but not limited to, the copying, reproduction or distribution of HR Coach’s information or software outside of the terms of the restricted licence granted above, will constitute grounds for immediate termination of your subscription in addition to any other action HR Coach may take to protect its rights.

 

Variation

To the extent permitted by law, HR Coach may vary any of the terms and conditions of this Licence upon providing you with thirty (30) days notice in writing and a copy of the replacement terms and conditions. No new terms will come into force until the commencement of your renewed Subscription Period. HR Coach will display any new terms and conditions on the Website and you should check the website regularly. Your continued use of the Website following such renewal will represent an agreement by you to be bound by the terms and conditions as amended.

 

HR Coach may, without your consent, assign, novate, subcontract or otherwise transfer the benefit of this agreement together with its rights and obligations or any part thereof or otherwise arrange for another person or third party provider to perform any part of this agreement or to discharge the obligations of HR Coach under any part of this agreement to any company of reasonable standing and reputation, provided however, HR Coach shall procure from the third party a covenant in favour of the end user, that the provider will be bound by the provisions of this agreement.

 

Disclaimer

The information contained in the Website may contain features designed to assist you in complying with the requirements of relevant legislation. In providing you with information which may relate to relevant legislation, HR Coach is not engaged in rendering legal, accounting or other professional services and that nothing in the Website constitutes legal, financial, employment, industrial relations, superannuation or other professional advice. Legal, accounting or other relevant professional advice should be obtained before taking any action in reliance on the Website.

 

The help sections contained in the Website are not a substitute for obtaining the appropriate independent professional advice. If legal advice or other expert assistance is required, you should seek the service of the appropriate competent professional.

 

In providing the Website to you, HR Coach will rely on the information provided by you. You acknowledge that the content of the documents created using the Website will depend on the information you provide. If you are unsure whether certain documents are appropriate for your situation, HR Coach recommends that you seek legal or professional advice. HR Coach does not make any representation concerning, nor warrant the accuracy, adequacy or completeness of, the information provided on the Website.

 

Limited Warranty

To the full extent permitted by law, HR Coach excludes any and all express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness, fitness for purpose or otherwise of any information or advice contained in the forms, documents, agreements, templates, notes or associated materials produced in connection with the Website.

 

HR Coach provides the Website to you on an "as is" basis and without any representations by HR Coach or any of its authorised distributors and associates regarding the use, performance or results of the use, of the Website. While HR Coach has endeavoured to make sure that the Website works substantially as per the specifications published by HR Coach from time to time, HR Coach does not guarantee or make any warranty that:

  • the Website will work on all computer hardware platforms or configurations; or
  • the Website will be error free; or
  • that its use will be uninterrupted.

Limitation of Liability

Certain laws, including the Australian Consumer Laws, may imply certain guarantees, conditions and warranties into this Licence or impose certain guarantees, conditions and warranties by law and give you certain rights and remedies that cannot be excluded or modified. This license does not exclude or modify any of those rights if to do so would contravene that law or make any part of this Licence void.

 

Except as required by Australian Consumer Laws, HR Coach excludes all guarantees, conditions, warranties and rights that may be implied into this Licence or imposed by law. If conditions, warranties or other rights for your benefit are implied in this Licence or otherwise conferred by law and it is not lawful to exclude, restrict or modify them, then those guarantees, conditions, warranties and other rights will (but only to the extent required by law) apply to this Licence.

 

In relation to goods or services not ordinarily acquired for personal, domestic or household use, HR Coach (and its distributors') liability for breach of any guarantees, implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law and at the option of HR Coach, to repair of the goods, or the cost of repairing the goods, to replacing or re-supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again. You acknowledge that this clause, and any reliance on it by HR Coach, is fair and reasonable.

 

HR Coach (and its authorised distributors) will not be liable to you or any other person for any direct or indirect loss, damages, liability, costs or expenses suffered by you or any other person relating to the performance or non-performance of the Website, including but not limited to the availability of the Website, loss of data, or any breach of this Licence or provision of technical support (whether by telephone or remote access or other means).

 

HR Coach's maximum liability for damages arising in connection with this Licence or the supply of the Website is limited to the amount paid by you for the Website for the year in which any such claim is formally made by you.

 

You agree that HR Coach (and its authorised distributors) will not be liable, other than as required by Australia Consumer Law or as expressly set out in this Licence, and that you will indemnify HR Coach (and its authorised distributors) from any liability, loss, damage, costs or expenses which HR Coach (or its authorised distributors) may suffer or incur as a result of your use of the Website (including any claims made against HR Coach (or its authorised distributors) by third parties.

 

Except as required by Australian Consumer Law, HR Coach, its employees, agents, contractors and the authors disclaim any and all liability and responsibility to any person, whether a user of the Website or not, in respect of anything (including, without limitation, any error in or omission from the Website), and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help, contained in the Website.

 

Except as required by Australian Consumer Law, HR Coach and its authorised distributors disclaim all liability for any corruption of data, inability to access data, loss of data, breach of privacy, or downtime as a result of or arising from the use of the Website.

 

General Items

These terms and conditions are governed by the laws of the State of Queensland. Both parties irrevocably submit to the exclusive jurisdiction of the Courts of Queensland.

 

The license to use the Website is restricted to the legal entity entering into this agreement. You cannot assign or otherwise transfer the benefit of your subscription without HR Coach's prior written consent.

 

The waiver by any party of a breach of any of these terms and conditions shall not be construed as a waiver of any succeeding breach or as a waiver of the term or condition itself.

The failure of a party, at any time, to require performance by the other party of any provision shall not affect that party's right to require such performance at any time in the future.

 

If any provision of these terms and conditions is found to be illegal, wholly or partly invalid or otherwise unenforceable then, from the date of the invalidity, illegality or unenforceability if the offending provision can be read down to make it legal, valid and enforceable without materially changing its effect, it must be read down to the extent necessary to achieve that result and otherwise the offending provision must be severed from these terms and conditions and the remaining provisions shall operate as if the severed provision had not been included.

 

Contact Details

HRC Aust-NZ Pty Ltd

ABN 54 154 245 057

admin@hrcoach.com.au

Revision Date: 14 August 2014  Effective Date: 15 September 2014