| The HR Advance Website (this "Website") is owned and operated jointly by Australian Business Pty Ltd (ABN 56 077 016 874) and Australian Business Lawyers referred to as "The Operators". This Website is operated on the World Wide Web ("WWW"). The material on this Website is copyright © 2006 to The Operators and other copyright owners. The Website contains intellectual property, including without limitation software, belonging to The Operators and others, which provides employment related products and services ("HR Advance"). All content, information and software provided on and through this Website ("Content") including, but not limited to, the forms, documents, agreements or other materials, products or services arising from HR Advance ("Materials") may only be used in accordance with the following terms and conditions ("Terms of Access and Use").
1. Access
1.1 Access to this Website is conditional on:
(a) your acceptance, without alteration, of these Terms of Access and Use; and
(b) your payment, in full, to Australian Business Pty Ltd or any approved resellers or distributors of all fees and charges for HR Advance.
1.2 By accessing, or by continuing to access, this Website you are agreeing to be bound by these Terms of Access and Use.
1.3 The terms and conditions relating to the purchase of the Materials are contained in our HR Advance Customer Agreement please click here to view. If you proceed to view, purchase or use any of these Materials, you are agreeing to be bound by the terms and conditions of the HR Advance Customer Agreement.
2. Use of this Website and the Content
2.1 The Operators will issue a unique username and password (the "Login") to you once you have been granted access. The Operators will grant access to HR Advance once you have:
(a) paid for HR Advance by credit card; or
(b) been issued an invoice or receipt by Australian Business Pty Ltd, or its approved resellers or distributors for HR Advance.
2.2 The Login is exclusive and non-transferable. You agree not to disclose the Login to any other person.
2.3 Except for the limited use set out in clause 2.4, or with the express written consent of The Operators, you may not use this Website, or the Content, for any of the following purposes:
(a) the reproduction of the Content in any material form;
(b) the distribution of the Content in any material form;
(c) re-transmission of the Content by any medium of communication;
(d) uploading and/or reposting the Content to any other site or location on the WWW, on-line service or bulletin board; and
(e) "framing" the material on this Website with other material on any other WWW site or location, on-line service or bulletin board.
2.4 Notwithstanding the restrictions on use of the Content, you may download and print Content from the Website for use within your business, but only with respect to the relationship between your business and its employees, or the relationship between your business and persons who provide personal services to your business, provided you do not remove any copyright and trade mark notices contained on the material. If you wish to use the Content for any other purpose, including but not limited to assisting another business to prepare documents pertaining to a relationship between that other business and its employees, you must first purchase a license from The Operators, its approved resellers or distributors that permits that form of use.
2.5 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any software, device, or manual process to monitor or copy this Website or the Content without The Operators’ prior written permission. Any unauthorised use of this Website or its Content is prohibited.
2.6 You may not modify or copy:
(a) The layout of this Website; or
(b) Any computer software or code contained in this Website.
3. INTELLECTUAL Property Rights
3.1 The Operators and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Materials, the Content and/or services provided by this Website. Except as expressly provided in these Terms of Access and Use, nothing set out in these Terms of Access and Use shall be construed as conferring any transfer, license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all Materials, Content and Website are protected by copyrights, trademarks, patents or other proprietary rights and laws owned by The Operators or others.
3.2 In consideration of you paying, in full, the fees and charges for HR Advance to The Operators, The Operators grant you a non-exclusive and non-transferable licence to:
(a) Use the Materials in accordance with these Terms of Access and Use and the terms and conditions of the HR Advance Customer Agreement; and
(b) Reproduce the Materials for your own personal use in accordance with these Terms of Access and Use and the terms and conditions of the HR Advance Customer Agreement.
4. Links to other websites
4.1 This Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of The Operators (the "External Web Sites").
4.2 In relation to External Web Sites, which are linked to this Website, The Operators:
(a) Provide the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by The Operators of the External Web Sites;
(b) Are not responsible for the material contained on those External Web Sites; and
(c) Make no warranties and accept no liability in relation to material contained on those External Web Sites.
5. Warranty
5.1 This Website is provided on an "as is, as available" basis.
5.2 To the full extent permitted by law The Operators disclaim any and all express or implied warranties, guarantees or representations regarding:
(a) The accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content, the Materials and/or on any External Web Sites; and
(b) The merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website, the Content, the Materials and/or on any External Web Sites.
5.3 The Operators do not warrant, guarantee or make any representation that:
(a) This Website, the Content, the Materials, or the server that makes the Website available on the WWW are free of software viruses;
(b) The functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or that
(c) Errors and defects in this Website or the Content will be corrected.
6. Liability
6.1 The Operators will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) Acting, or failing to act, on any information contained on or referred to on this Website, the Content, the Materials and/or any of the External Web Sites; or
(b) Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website, the Content and/or any External Web Sites.
6.2 The Operators are not liable to you for:
(a) Errors or omissions in the Website, the Content, the Materials or on External Web Sites;
(b) Delays to, interruptions of or cessation of the services provided in the Website, the Content, or External Web Sites; or
(c) Defamatory, offensive or illegal content on the Website, the Content or the Materials, whether caused through negligence of The Operators, their employees or independent contractors, or through any other cause.
6.3 You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website or the Content.
6.4 To the extent that the limitation of liability contained in this clause 6 is prohibited, you agree that The Operators’ sole obligation to you for any loss, injury, claim, liability or damage of any kind resulting from your access and/or use of this Website shall be limited to the refund of the fees and charges paid by you to The Operators.
7. Terms and conditions relating to Information provided by you
7.1 You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) You are authorised to provide the material and/or information;
(b) The material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) The material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(d) The material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales or any law in any jurisdiction where the material and/or information is or will be available to The Operators and their respective officers, employees and agents.
7.2 By uploading any material to this Website which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the "intellectual property") on to the Website, you are granting The Operators a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) Reproduce, use and exploit the intellectual property, for the purpose of providing you with products and services, including without limitation HR Advance, under these Terms of Access and Use, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to The Operators and their respective officers, employees and agents; and
(b) Allow The Operators to sub-licence others the same rights granted to The Operators in clause 7.2(a) above.
8. Indemnity
8.1 You will at all times indemnify, keep indemnified, defend and hold harmless The Operators and their respective officers, employees and agents (referred to below as "Those Indemnified"), from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access and Use by you, and use of the material and/or information supplied by you under these Terms of Access and Use.
9. Confidentiality and Use of information provided by you
9.1 Except as permitted in clauses 9.2 and 9.3 below, The Operators will treat as confidential information all material and/or information provided to this Website by you. The Operators will not disclose confidential information to any third party except where the third party is either contracted or licensed to The Operators to assist The Operators in fulfilling their obligations under these Terms of Access and Use.
9.2 If you purchase additional HR Advance products or services then you agree that The Operators may disclose the material and/or information provided by you under these Terms of Access and Use and/or the Materials to third parties for the purpose of providing you with the additional HR Advance products or services.
9.3 You agree that The Operators may consolidate material and/or information provided by you to this Website in a manner that does not allow your business to be identified. The Operators and/or others authorised by The Operators may gather, process, publish or otherwise disclose the consolidated material and/or information.
10. Termination of Access
10.1 The Operators may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and The Operators have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
11. Refund of fee
11.1 If, for any reason, you want The Operators, approved resellers or distributors to refund any fees or charges, or part thereof, that you have paid to The Operators for HR Advance you must provide The Operators, approved reseller or distributors with a written request, with reasons, for the refund.
11.2 The Operators will consider and, at its sole discretion, determine whether or not, and on what terms, a refund may be payable.
12. Relevant jurisdiction
12.1 If any part of these Terms of Access and Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and Use and the severed part will not affect the validity and enforceability of any remaining provisions.
12.2 These Terms of Access and Use will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
12.3 You agree to the jurisdiction of the courts of the State of New South Wales to determine any dispute arising out of these Terms of Access and Use.
YOUR ACCESS OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS AND USE
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