SIMPLY HR WEBSITE TERMS AND CONDITIONS

ACCEPTANCE OF TERMS

Your use of www.simplyhr.com.au, its online application and all web pages directly or indirectly accessible from or linked to www.simplyhr.com.au, is subject to the terms that follow. By using this website, you agree to these terms. If you do not accept these terms, you must not use this website.

INTERPRETATION

Unless the context otherwise requires:

the term 'Simply HR’, ‘our’, 'us' or 'we' refers to Simply Human Resources Pty Ltd ACN 138 497 999
the term 'you' or ‘your’ refers to the user or viewer of our website
the term ‘terms’ means these website terms and conditions
the term ‘website’ means the website www.simplyhr.com.au
words importing the singular include the plural and vice-versa
the word ‘includes’ or ‘including’ is not a word of limitation
no rule of construction applies to our disadvantage because we prepared these terms
headings are for convenience only and do not affect the interpretation of these terms
the term ‘person’ includes a company, association, partnership, joint venture and trust
references to ‘$’ or ‘dollars’ are to the lawful currency of Australia

INTELLECTUAL PROPERTY

The materials, content, services and goods on or available through our website, including their selection and arrangement, may be protected by copyright and/or other intellectual property laws including treaties and international conventions. Any unauthorized use of the materials, content, services or goods available on or through our website may violate such laws. All rights of the respective intellectual rights holders in the material, content, services and goods on or available through our website are expressly reserved and Simply HR does not grant you any express or implied right or license under any intellectual property laws (including copyright) in respect of such material, content, services or goods except as expressly authorised in these terms.

You are permitted to save or print off not more than two copies of the materials or content displayed on our website for your own non-commercial, personal reference, however, you gain no intellectual property rights whatsoever in anything you print off or save. To the fullest extent permitted by law, no portion of the materials, content, services or goods on or available through our website may be reproduced, copied, extracted or summarised for, or distributed to, a third party whether for a fee or not.

TRADEMARK

The Simply HR design logo with a figure over the word ‘HR’ and shadowed letters are submitted for trademark registration and are approved for indexing and awaiting final approval. These are protected by the trademark laws and other intellectual property laws of Australia.

ACCEPTABLE USE OF THIS SITE

Our website and the materials, content, services and goods on it are intended for providing information about Simply HR’s business to existing and prospective clients seeking to find human resources consultancy services. These include areas of Simply HR’s expertise e.g. – human resources policies and procedures, HR templates, advice pertaining to human resources management in the areas of recruitment and selection, induction, on-boarding, employee development, managing performance, OH&S and employee termination. It is your responsibility to ensure that your use of our website complies with the terms.

PRIVACY POLICY

Simply HR will only use and disclose your information in accordance with its current privacy policy, available on our website. If you cannot find it, please email info@simplyhr.com.au for a copy of our privacy policy.

LINKS TO OTHER SITES AND DISCLAIMER

Our website may contain links and pointers to websites operated by third parties. These links are provided solely as a convenience to you and not as an endorsement by Simply HR of the contents of such third-party websites. Simply HR is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access or use linked third-party websites, you do so at your own risk and we disclaim all liability, and you agree to hold us harmless from same, for any information, materials, goods or services posted, offered or advertised at or through any of the linked sites. Without limiting this:

we do not endorse or recommend any goods or services posted, offered or advertised or any information or material contained in that linked site
we are not liable to you for any failure of goods or services posted, offered or advertised in those linked sites or for any deficiency or incorrectness in any information or material contained in those linked sites
we do not warrant that linked sites will have the same or similar terms of use or privacy policy as we have or that the linked sites are as secure as our website or free from computer viruses, corruption or other damaging or disabling programs and we are not liable to you in respect of such matters.

USE OF OUR WEBSITE

In respect of our website:

you agree to be bound by our privacy policy as found on our website
the content of our website is for your general information and use only
we do not provide any representation or warranty as to the accuracy, timeliness, performance, reliability, completeness or suitability of the information and materials found or offered on our website and to the fullest extent permitted by law:

- your use of such information or materials is entirely at your own risk

- it is your own responsibility to ensure that any information, materials, goods or services available on or through our website meet your specific requirements

- we are not liable to you in respect of such information or materials

you acknowledge that information and materials on our website may contain inaccuracies or errors
we do not provide any representation or warranty that our website or anything available for download is free from computer viruses, corruption or other damaging or disabling programs
unauthorised access or use of our website is prohibited (including hacking)
you may not create a link to our website from another website or document without our prior written consent
if you are acquiring goods or services from us through our website, you agree to only enter current, complete, proper and accurate information and we shall not be liable to you for any failure on your part to abide by this requirement
we may suspend the operation of part or all of our website for maintenance or upgrade purposes or for any other reason at anytime
we may change the layout, content or any other aspect of our website at anytime
we may terminate your access or use at anytime
you must not add to or alter or interfere with our website in any way including without limitation as to its use, operation, functionality, structure or presentation except for entering information expressly permitted by the functions we make available on our website and then only in accordance with these terms
anything that you are permitted to enter must not breach any third parties intellectual property rights or contain any computer viruses, corruption or other damaging or disabling programs and must not be defamatory, threatening, abusive, pornographic, scandalous, a breach of privacy or confidentiality, offensive, derogatory, unlawful or something that may cause harm or embarrassment to any person
you must not use it to engage in spamming or attempt to collect or retrieve any information, other than that information which we make available publicly, from it by any means whether electronic, manual or otherwise

LIMITATION OF LIABILITY

To the fullest extent permitted by law in no circumstances (including without limitation as a result of negligence) will we be liable for any damages, losses or expenses including without limitation direct, indirect, special, incidental, or consequential damages, losses or expenses or any damages, losses or expenses due to loss of data, income, profits, business or goodwill, arising in connection with:

our website or access or use thereof or inability to access or use by you
any linked sites or access or use thereof or inability to access or use by you
any failure of performance, error, omission, interruption, defect, delay in operation or transmission of our website
any computer virus or corruption or other damaging or disabling programs being present on or affecting our website or anything available to download from our website
any line or system failure
any information or materials found or offered on our website being inaccurate, untimely, unreliable, incomplete or unsuitable
any blogs or comments entered on our website
you entering non-current, incomplete, improper or inaccurate information on our website when acquiring goods or services from us through our website
us enforcing or attempting to enforce or delaying in enforcing any of our rights
loss or damage contributed to by you

even if we or our representatives, are advised of the possibility of such damages, losses or expenses.

To the fullest extent permitted by law:

all implied warranties, terms and conditions including those implied by use, trade, custom or otherwise are hereby excluded
our liability under any warranty, term or condition which cannot be legally excluded is limited at our option to: (a) in the case of goods, replacing or resupplying the goods or paying for the cost of replacing or resupplying the goods; (b) in the case of services, to resupplying the services or paying for the cost of resupplying the services
any limitation of liability, disclaimers or indemnities given by you in our favour or which operate in our favour also extend in favour of our directors, officers and employees
if your use of our website or the contents results in the need for servicing or replacing equipment or data, Simply HR is not responsible for those costs
our website and its content are provided on an "as is" basis without any warranties of any kind, express or implied

INDEMNITY

You agree to indemnify us from and against all claims, demands, suits, proceedings, costs, losses, damages, expenses and all other liabilities (including without limitation legal costs on a full indemnity basis) suffered, paid or incurred by us arising from any breach by you of these terms or our privacy policy.

INCONSISTENCY

If you acquire goods or services with us through our website and accept our point of sale terms and conditions but there is an inconsistency between these terms and those point of sale terms and conditions, those point of sale terms and conditions prevail to the extent of the inconsistency in respect of that particular acquisition.

AMENDMENTS

We reserve the right to amend, vary or replace any of our terms or privacy policy at anytime without notice. As such, it is your responsibility to return to this page before using our website in the future to check the terms and privacy policy applicable at that time.

SEVERABILITY

Any provision of our terms or privacy policy which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of our terms or privacy policy or affecting the validity or enforceability of that provision in any other jurisdiction.

WAIVERS

The failure to exercise or delay in exercising by any party of any right conferred by these terms or at law shall not operate as a waiver and the single or partial exercise of any right by that party shall not preclude any other or further exercise of that or any other right by that party.

ASSIGNMENT

You cannot assign your rights or obligations under our terms or privacy policy, however, we can assign our rights and/or obligations under these terms and/or our privacy policy.

GOVERNING LAW

Our terms and privacy policy are governed by, and you agree to submit to, the laws applicable in the State of Queensland, Australia.

JURISDICTION

You agree to submit to the jurisdiction of the courts of Queensland, Australia and any Federal Courts of Australia in respect of any legal action or proceedings with respect to our terms or privacy policy.

POINT OF SALE TERMS AND CONDITIONS

ACCEPTANCE OF POINT OF SALE TERMS AND CONDITIONS

You should read the terms and conditions set out below before acquiring any goods or services from us using this website.

These terms and conditions apply to the acquisition of goods and services through this website. In using this website for this purpose, you agree to be bound by these terms and conditions. If you do not understand or accept these terms and conditions, you must refrain from acquiring goods and services from us using the website.

Any terms or conditions put forward by you which are in addition to or different to these terms and conditions shall be of no effect unless accepted by us in writing.

PRIVACY POLICY AND WEBSITE TERMS AND CONDITIONS

We strongly draw your attention to the terms of our privacy policy and our website terms and conditions, both of which are available to view on our website. You should make yourself familiar with those documents before placing your order for goods and/or services with us through our website. By placing your order with us you agree that you have read and understand and agree to comply with our privacy policy and our website terms and conditions.

INTERPRETATION

Unless the context otherwise requires:

the term 'Simply HR’, ‘our’, 'us' or 'we' refers to Simply Human Resources Pty Ltd ACN 138 497 999
the term 'you' or ‘your’ refers to the customer ordering the goods and/or services through our website
the term ‘terms and conditions’ means these point-of-sale terms and conditions
the term ‘goods’ means the goods or products that you order from us through our website
the term ‘services’ means the services that you order from us through our website
the term ‘website’ means the website www.simplyhr.com.au
words importing the singular include the plural and vice-versa
the word ‘includes’ or ‘including’ is not a word of limitation
no rule of construction applies to our disadvantage because we prepared these terms and conditions
headings are for convenience only and do not affect the interpretation of these terms and conditions
the term ‘person’ includes a company, association, partnership, joint venture and trust

PAYMENT AND PRICE

You must pay for the goods and services by credit card using the ordering facility on this website, or by cheque or money order. Under no circumstances will goods be dispatched (by mail or electronically) or services provided until payment has been received in full. If you make an order but your cheque or money order is not received by us within 7 days of the placement of the order or is not met on presentation, we may cancel the order either with or without notification to you.

All of our prices are quoted in Australian dollars and are inclusive of goods and services tax (GST). In all other respects, the price is exclusive of all other taxes, duties, levies and charges imposed or levied in Australia or overseas in connection with the supply of the goods and/or services to you and if such amounts are imposed or payable, they will be payable by you in addition to the price.

CANCELLATION BY US

You acknowledge that goods and services may be listed on our website at an incorrect price, with incorrect information, are unavailable due to error or oversight or because they have been withdrawn from sale, are no longer printed or are unavailable due to circumstances beyond our reasonable control. In these circumstances, Simply HR reserve the right to cancel the transaction notwithstanding that your order has been accepted or confirmed and/or your credit card has been charged, cheque or money order cashed or payment receipted. We reserve this right of cancellation at anytime up until, in the case of goods, the point of delivery of the goods to you or, in the case of services, the point at which the services are provided to you.

If a cancellation of this nature occurs after we have received payment from you, we will promptly issue a credit to your credit card account for the amount as charged or refund the amount paid.

DELIVERY

Although we will use reasonable endeavours to provide the goods or services to you by the due date for delivery or supply, this time is not of the essence. We shall not be liable to you for any loss or damage you suffer arising out of any failure by us to provide the goods or services on the agreed or specified date or within a reasonable time.

In the case of goods, delivery takes place

if the goods are delivered electronically, at the time of delivery into the nominated inbox
if the goods are delivered by a means other than electronic, on the earlier of the time the goods pass into your (or your agent’s) possession or the time when we deliver same to the relevant delivery address

The goods will be delivered in the manner described on this website. In usual cases all goods will be emailed in ‘soft’ copy unless otherwise arranged.

In the case of services, delivery occurs at the point when we provide the services to you.

RISK AND TITLE TO GOODS

Ownership and risk of damage to the goods passes to you at the time of delivery of the goods. Please note though our continued intellectual property rights as referred to below.

INTELLECTUAL PROPERTY

To the fullest extent permitted by law, despite the fact that you are acquiring goods and/or services from us, you gain no intellectual property rights of any kind in respect of the goods and/or services except the right to use such goods and services for your own personal use. For clarity, to the fullest extent permitted by law, the right to use for your own personal use does not include the right to reproduce, copy, extract or summarise for, or distribute to, a third party any part of the goods or services whether for a fee or not.

The materials, content, services and goods on or available through our website, including their selection and arrangement, may be protected by copyright and/or other intellectual property laws including treaties and international conventions. Any unauthorized use of the materials, content, services or goods available on or available through our website may violate such laws. All rights of the respective intellectual rights holders in the material, content, services and goods on or available through our website are expressly reserved and Simply HR does not grant you any express or implied right or license under any intellectual property laws (including copyright) in respect of such material, content, services or goods except as expressly authorised in these terms and conditions.

REFUNDS/REPLACEMENTS

To the fullest extent permitted by law, once goods or services are delivered to you, there is no refund or replacement available unless, in the case of goods, an error has occurred by Simply HR in sending you the wrong product, in which case you agree to promptly return the wrong product to us (if delivered to you other than by electronic means) and permanently delete the wrong product from your computer system (if delivered to you by electronic means).

LIMITATION OF LIABILITY

our website or access or use thereof or inability to access or use by you
any linked sites or access or use thereof or inability to access or use by you
any failure of performance, error, omission, interruption, defect, delay in operation or transmission of our website
any computer virus or corruption or other damaging or disabling programs being present on or affecting our website or the goods or services we supply electronically to you or anything available to download from our website
any line or system failure
any information or materials found or offered on our website being inaccurate, untimely, unreliable, incomplete or unsuitable
any blogs or comments entered on our website
you entering non-current, incomplete, improper or inaccurate information on our website when acquiring goods or services from us through our website
us enforcing or attempting to enforce or delaying in enforcing any of our rights
any delay in delivery or non-delivery of the goods or services
any cancellation by us of your order
loss or damage contributed to by you
the content of the services or the goods or any information or manuals accompanying the goods being or becoming out-of-date or unenforceable due to changes in the law or legislation
any errors or omissions in the content of the services or the goods or any information or manuals accompanying the goods
the use of the goods or services

even if we or our representatives, are advised of the possibility of such damages, losses or expenses.

To the fullest extent permitted by law:

all implied warranties, terms and conditions including those implied by use, trade, custom or otherwise are hereby excluded
our liability under any warranty, term or condition which cannot be legally excluded is limited at our option to: (a) in the case of goods, replacing or resupplying the goods or paying for the cost of replacing or resupplying the goods; (b) in the case of services, to resupplying the services or paying for the cost of resupplying the services
any limitation of liability, disclaimers or indemnities given by you in our favour or which operate in our favour also extend in favour of our directors, officers and employees
if your use of our website or the contents results in the need for servicing or replacing equipment or data, Simply HR is not responsible for those costs
our website and its content are provided on an "as is" basis without any warranties of any kind, express or implied

LEGAL ADVICE AND DISCLAIMER

The goods and services offered by us and their content do not constitute the provision of legal or other professional or expert advice. The content of the services and the goods and any information or manuals accompanying the goods may be or become out-of-date or unenforceable (including due to changes or developments in case law or legislation). As such, it is your responsibility to obtain appropriate legal and other professional or expert advice before using the goods or relying upon the services provided for any purpose.

To the fullest extent permitted by law, Simply HR expressly disclaims any liability arising from the use of the goods or reliance upon the services provided. Simply HR does not warrant that the services provided or the content of the goods is suitable for your particular circumstances.

If you require legal or other professional or expert advice or assistance, you should seek the services of a competent lawyer, professional or expert.

INDEMNITY

PRIVACY POLICY

Simply HR will only use and disclose your information in accordance with its privacy policy (or as required by law), a copy of which is available to view on the website.

THIRD PARTIES

Simply HR does not sell or deal in personal or customer information. Simply HR may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Simply HR may use the information that you provide to improve its website and its goods or services.

GOVERNING LAW

These terms and conditions are governed by, and you agree to submit to, the laws applicable in the State of Queensland, Australia.

JURISDICTION

You agree to submit to the jurisdiction of the courts of Queensland, Australia and any Federal Courts of Australia in respect of any legal action or proceedings with respect to these terms and conditions.

GENERAL

Without limiting any other disclaimers or exclusions or limitations of liability, to the fullest extent permitted by law, we accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

INDEMNITY

INCONSISTENCY

If there is any inconsistency between our website terms and conditions and these terms and conditions, these terms and conditions prevail to the extent of the inconsistency in respect of your particular acquisition of goods and/or services.

AMENDMENT

Simply HR reserves the right to amend these terms and conditions at any time and those changes once made shall take effect in respect to all subsequent acquisitions of goods and/or services through our website. You should therefore check these terms and conditions every time you use the website and only if you accept these terms and conditions should you proceed to place your order for goods and/or services through the website.

SEVERABILITY

Any provision of our terms and conditions which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of our terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

WAIVERS

The failure to exercise or delay in exercising by any party of any right conferred by these terms and conditions or at law shall not operate as a waiver and the single or partial exercise of any right by that party shall not preclude any other or further exercise of that or any other right by that party.

ASSIGNMENT

You cannot assign your rights or obligations under these terms and conditions, however, we can assign our rights and/or obligations under these terms and conditions.

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