Terms and Conditions


1. WHO WE ARE AND WHAT WE DO

 

(a) We are HR B.A. Pty Ltd trading as HR Business Assist ABN 81 619 447 273 a company registered in Australia (“we” / “us” / “our”).

 

(b) We are an online and in person human resources consultancy firm.

 

(c) We own and operate the website www.hrbusinessassist.com.au (“Website”) and the human resources platform (“HRBA Platform”).

 

(d) These Terms apply as between a business user of any of HRBA’s services (whether subscription or ad hoc) or HRBA’s online Human Resource Information System (known as “HR Help”) (“you” / “your”) and us.  Your agreement to comply with and be bound by these terms and conditions (“Terms”) is deemed to occur upon you ticking your agreement to the terms and conditions or upon you registering for an online account (“Account”) or any other account / engagement of HRBA and upon any use of HR Help.

 

(e) If you do not agree to be bound by these Terms, you should stop using HRBA’s services, the HRBA Platform and/or HR Help immediately and contact our office to discuss.

 

(f) We may update the Website, the HRBA Platform or HR HELP from time to time.  Any content on the Website, the HRBA Platform or HR Help may be out of date at any time and we are under no obligation to update it.

 

(g) We do not guarantee that the Website, the HRBA Platform or HR Help, or any content on them, will always be available or be uninterrupted or free from errors or omissions.  We may suspend, withdraw, discontinue or change all or any part of the Website, the HRBA Platform or HR Help without notice.  We will not be liable to you if for any reason the Website, the HRBA Platform or HR Help is unavailable at any time or for any period.

 

(h) You are responsible for making all arrangements necessary for you to have access to the Website, the HRBA Platform and/or HR Help.

 

(i) You are responsible for ensuring that all persons who access the Website, the HRBA Platform or HR Help through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

(j) The Website, the HRBA Platform and HR Help is directed to people residing in Australia.  We do not represent that content available on or through the Website, the HRBA Platform or HR Help is appropriate or available in other locations.  We may limit the availability of the Website, the HRBA Platform or HR Help or any service or product described on our Website to any person or geographic area at any time.  If you choose to access the Website, the HRBA Platform or HR Help from outside Australia, you do so at your own risk.

 

2. HR HELP ACCOUNT

 

(a) You agree to give HRBA employees (“HRBA’s Administrators”) full permission to manage and maintain HR Help on behalf of your organisation.

 

(b) In accordance with clause 2(a) above, you agree the management and maintenance of HR Help includes the management and maintenance of company / department (“Company / Department”), manager (“Manager”) and employee (“Employee”) user accounts (collectively known as “User Accounts”).   Please note that for the purpose of HR Help and these terms and conditions, Employee User means any employee, contractor or other type of worker.

 

(c) The User Accounts refer to system roles in HR Help and includes, but is not limited to the following:

 

(i) Company name;

 

(ii) Company departments;

 

(iii) Employees;

 

(iv) Contractors;

 

(v) Work experience;

 

(vi) Internships;

 

(vii) Volunteers; and

 

(viii) More.

 

(d) The User Accounts are provided to all workers in HR Help as part of the system set up and does not determine if they are or are not employees, with respect to their employment or engagement with your organisation.  You agree to give HRBA’s Administrators permission to create User Accounts on behalf of your organisation.

 

(e) You agree that HRBA’s Administrators will have ongoing unrestricted access to all User Accounts on behalf of your organisation.

 

(f) You agree it is the organisation’s responsibility to provide HRBA’s Administrators with current and correct workforce and/or company information, for the ongoing use of HR Help.

 

(g) You agree that you have the knowledge and consent of your workforce to whom the worker and / or company information pertains to upload such information to HR Help as a User Account.

 

(h) You agree any of your workers and / or company information provided to HRBA’s Administrators by the organisation is therefore providing HRBA’s Administrators with permission and access to such information for the purpose of providing HR subscription services to the organisation.

 

(i) You agree it is the responsibility of your organisation to advise HRBA’s Administrators which workers of your organisation are to be assigned with either a Manager Role, i.e. communal user account for Management access or an Employee User Account.

 

(j) You agree it is the responsibility of your organisation to advise HRBA’s Administrators of new workers to be set-up with a Manager User and / or Employee User Account in HR Help.

 

(k) You agree it is the responsibility of your organisation to advise HRBA’s Administrators when a worker is no longer employed or otherwise engaged by the organisation and to subsequently de-activate their User Account.

 

(l) You agree if a worker of the organisation with a Manager User Account accesses and/or uploads any worker and/or company information to HR Help, the organisation therefore give HRBA’s Administrators permission and access to such information for the purpose of providing HR subscription services to the organisation.

 

(m) You agree each worker of the organisation is restricted to one User Account unless otherwise agreed and that all User Accounts count towards active users.

 

(n) You agree HR Help can be accessed and used by your workers either by logging into such User Accounts throughout our Website link and / or a HR Help link provided by the HRBA Administrators to the organisation.

 

(o) You agree that if a worker of the organisation is asked to choose a username and password for their User Account, that the User Account ID and password must not be liable to mislead.

 

(p) You agree workers of the organisation will not and must not use their User Accounts or username and password in connection with the impersonation of any person.

 

(q) You agree all workers of the organisation will and must treat their username and password as confidential information and must not disclose such confidential information to any third party.

 

(r) You agree all workers of the organisation who have access to a Manager User Account are responsible for their User Account, in connection with the other managers within the organisation who may also have access to the same Manager User Account and any and all Employee User Accounts which they have approval and access to and any activity on HR Help arising out of any failure to keep such username and password/s confidential may be held liable for any losses arising out of such a failure.

 

(s) You agree all workers of the organisation are responsible for their User Account and any activity on HR Help arising out of any failure to keep their username and password confidential may be held liable for any losses arising out of such a failure.

 

(t) If you know or suspect that anyone other than you and / or a registered and approved Manager of your User Account knows your username and / or password, you must promptly notify us at info@hrbusinessassist.com.au.

 

(u) HRBA’s Administrators have the right to disable any Company / Department, Manager and / or Employee username or password at any time if in any of the HRBA’s Administrators’ reasonable opinion consider any Employee and / or Manager to have failed to comply with any of the provisions of these Terms.

 

(v) HRBA’s Administrators may suspend or cancel Company / Department, Employee and / or Manager User Accounts at any time at our sole discretion without notice or explanation to the organisation, Employee and / or Manager.

 

(w) The organisation, Employee and / or Manager may request to cancel their User Account at any time.  This does not however cancel the subscription service.

 

(x) You agree that any error (i.e. in respect of the deletion of information, uploading of information, etc.) performed by our organisation, an Employee and / or member of the organisation, is the sole responsibility of the organisation and will not reflect on any of the HRBA’s Administrators.

 

(y) You agree that you will not allow any third party to have access to the HRBA Platform or HR Help or any of their information without the express written authority from us.

 

3. GRANT OF LICENCE

 

(a) Upon acceptance of your registration for an Account we grant you a non-exclusive licence (“Licence”) to use the HRBA Platform and/or HR Help subject to the terms and conditions contained in these Terms.

 

(b) You shall use the HRBA Platform and / or HR Help only for internal business purposes.

 

(c) You acknowledge that you are licensed to use the HRBA Platform and / or HR Help only in accordance with these Terms and not further or otherwise.

 

(d) You acknowledge that the software provided under this Licence is provided by a third party to HRBA and therefore the software is subject to that third party Licence.

 

(e) When content is posted to either the HRBA Platform and / or HR Help, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use and process the content and data uploaded to the HRBA Platform and / or HR Help.

 

(f) We may sub-license the rights licensed under these Terms.

 

(g) You warrant that you have the authority to post the content and data to the HRBA Platform and / or HR HELP.

 

(h) Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, un-publish or edit any or all of your content.

 

4. TERM

 

(a) The Licence shall commence on us accepting your registration for an Account and you paying the fees payable from time to time for the use of the HRBA Platform and / or HR Help or any other services provided to you by HRBA.

 

(b) The minimum period for subscription services is 12 months from the registration of your Account, regardless of whether you are paying the full amount upfront or monthly by instalments.

 

(c) The Licence shall continue to renew year to year unless your Account is terminated in writing and in accordance with any of the provisions of these Terms.

 

(d) If you do not intend to renew your Account, you must advise us in writing at least two (2) weeks prior to the renewal date.

 

5. CONTENT RULES

 

(a) You must follow these content rules (“Content Rules”) when using the HRBA Platform and / or HR Help.

 

(b) Any content put on the HRBA Platform and / or HR Help by you must be accurate and must not:

 

(i) be illegal or unlawful, libellous, maliciously false, obscene of indecent;

 

(ii) infringe any intellectual property right;

 

(iii) infringe any right of confidence, right of privacy or right under data protection legislation;

 

(iv) constitute an incitement to commit a crime;

 

(v) be in contempt of any court, or in breach of any court order;

 

(vi) be in breach of racial or religious hatred or discrimination legislation;

 

(vii) be blasphemous;

 

(viii) be in breach of any legislation;

 

(ix) depict violence; and / or

 

(x) be pornographic, lewd, suggestive or sexually explicit.

 

(c) Users retain ownership rights in the content placed on the HRBA Platform and / or HR Help, and are required to grant us and other users of the HRBA Platform and / or HR Help a limited licence to use, store and copy that content and to distribute and make it available to third parties.

 

(d) We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to the HRBA Platform and / or HR Help constitutes a violation of their intellectual property rights, or of their right to privacy.

 

(e) We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you to the HRBA Platform and / or HR Help.

 

(f) We have the right to remove any content posted to the HRBA Platform and / or HR Help if, in our opinion, the content does not comply with these Content Rules.

 

(g) We rely on the information you provide to us and the information you have provided is taken to be accurate.

 

(h) You are required to complete and return to us, the documentation we send to you which includes, but is not limited to, new client onboarding details.  This such documentation includes but is not limited to, you providing us with details of the authorised contacts we are permitted to provide advice to and speak to in relation to your subscription service with us.

 

(i) If an authorised contact asks us for information relating to their personal circumstances and where it would mean there is a conflict of interest, we will not provide advice to such authorised contact, and they will be advised to contact the relevant governing body for advice relevant to their circumstances.

 

(j) You are required to provide us with details of your workers, including, but not limited to:

 

(i) employee / contractor name;

 

(ii) date of birth;

 

(iii) employing / engaging entity;

 

(iv) specifying which Modern Award, Enterprise Agreement or Industrial Instrument (if relevant) covers the workers;

 

(v) classification level (if relevant);

 

(vi) employment status and basis;

 

(vii) employment contract, contractor agreement or other, as relevant; and

 

(viii) hours of work.

 

(k) You will be required to provide this information to us within two (2) weeks of your initial commencement date.

 

(l) You are required to update HRBA when any details change, when necessary.

 

(m) If the number of your workers increase and your subscription falls into the next bracket of worker numbers, we may automatically deduct (and / or invoice you for) the amount corresponding to the next worker numbers bracket higher and you authorise us to do so.

 

(n) If you do not maintain your workers’ details with us, this could affect the advice provided to you and can further mean you may receive irrelevant updates in relation to legislative updates we issue.

 

(o) Further, if you do not maintain your worker details with us and / or are found to have been withholding such details from us, and in turn means that your subscription falls into the next bracket of worker numbers, we reserve our right to backdate costs associated with this information.

 

(p) Your subscription service with us may include a Workplace Audit.

 

(q) The Workplace Audit is not to be taken as a full and comprehensive audit of all HR and / or worker documentation, but rather an audit to alert you to some main areas of risk in relation to employment law.

 

(r) The Workplace Audit needs to be completed within four (4) weeks of your subscription commencement date, unless otherwise agreed with us.

 

(s) Workplace Audits do not and will not accrue from year to year.

 

(t) If your business / you are located more than 25 kilometres from us, the Workplace Audit will be completed remotely, unless you attend our offices, or another agreed location, or you agree to pay for all associated costs with us travelling to you to complete the Workplace Audit.

 

(u) Where your subscription service with us includes any face-to-face or on-site visits, this will be face-to-face or on-site where you are located within 25 kilometres from us.  Where you are located 25 kilometre or more from us, the subscription inclusion of face-to-face or on-site time will be completed remotely, unless you attend our offices, or another agreed location, or you agree to pay for all associated costs with us travelling to you.

 

6. PRICE AND PAYMENT

 

(a) We reserve the right to change our prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated periodically.

 

(b) Where any payment is required to be made on a day that is not a business day in Queensland, it may be made on the next following business day in Queensland.

 

(c) In the event that prices are changed during the period between registering for an administrator account and us processing that registration and taking payment, you will be contacted prior to your order being processed with details of the new price.

 

(d) All prices are exclusive of GST unless otherwise stated.

 

(e) Payment of the fee can be made by direct debit or credit card payment through a third party provider.

 

(f) Payments made may incur a transaction fee, details of which will be provided at the time of purchase.

 

(g) Our bills are payable within seven (7) days of the date of the invoice.  If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at the rate of 14% per annum, calculated daily and charged monthly.

 

(h) If overdue payments go beyond 30 days billing, HRBA reserves the right to suspend services and products until payment is received in full.

 

(i) Any services that are performed by us, on your request, that are outside of any such subscription inclusion will be billed to you during our billing cycle, with ad hoc pricing charged at six (6) minute increments or an hourly, daily rate, or as otherwise agreed.

 

(j) You may obtain your file/s at any time (prior to destruction) upon payment of a reasonable fee associated with the retrieval of all your information.

 

7. PERFORMANCE

 

(a) You hereby indemnify us and hold us harmless from and against any and all claims, demands, proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind and whether in tort or contract, threatened, claimed or awarded against or otherwise incurred by us arising out of or in connection with a breach of these Terms.

 

(b) If performance of our obligations under these Terms is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Default”):

 

(i) we shall, without limiting our other rights or remedies, have the right to suspend your Account until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent the Default prevents or delays our performance of any of our obligations;

 

(ii) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations; and

 

(iii) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Default.

 

8. DISCLAIMERS

 

(a) We make no warranty or representation that the HRBA Platform or HR Help will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.  We make no guarantee of any specific results from the use of the HRBA Platform or HR Help.

 

(b) The HRBA Platform and HR Help is provided “as is” and on an “as available” basis.  We give no warranty that the HRBA Platform or HR Help be free of defects and / or faults.

 

(c) We accept no liability for any disruption or non-availability of the HRBA Platform or HR Help resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. You acknowledge that you cannot hold HRBA responsible for any losses to any of your information that is stored on HR Help.

 

(d) The content on the HRBA Platform and HR Help is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the HRBA Platform or HR Help.

 

(e) Although we make reasonable efforts to update the information on the HRBA Platform and HR Help, we make no representations, warranties or guarantees, whether express or implied, that the content on the HRBA Platform or HR Help is accurate, complete or up-to-date.

 

(f) Any images, descriptive matter or advertising supplied by us and any descriptions or illustrations contained on the HRBA Platform or HR Help are for the sole purpose of giving an approximate idea of our services described in them.  They shall not form part of an agreement or have any contractual force.

 

(g) Whilst every effort has been made to ensure that all descriptions of services offered by HRBA correspond to our actual services, we are not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.

 

(h) We will not be liable for any part of our advice that is conditional upon assumptions where further information or events made any part of our advice incorrect.

 

(i) We will process any information that you have provided to us or uploaded to HR Help in accordance with our Privacy Policy.

 

(j) We are not obligated to provide any support services.

 

9. LIMITATION OF OUR LIABILITY

 

(a) To the maximum extent permitted by law we exclude all liability howsoever arising.

 

(b) This clause does not affect consumer rights arising under the Competition and Consumer Act 2010 (cth).

 

(c) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, the HRBA Platform or HR Help or any content on them, whether express or implied.

 

(d) Notwithstanding this clause we will never be liable to you in any event for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

(i) use of, or inability to use the HRBA Platform or HR Help; or

 

(ii) use of or reliance on any content displayed on the HRBA Platform or HR Help.

 

(e) Notwithstanding this clause we will not be liable for:

 

(i) loss of profits, sales, business, or revenue;

 

(ii) business interruption;

 

(iii) loss of anticipated savings;

 

(iv) loss of business opportunity, goodwill or reputation; or

 

(v) any indirect or consequential loss or damage.

 

(f) Notwithstanding this clause we will not be liable for any loss or damage to you caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the HRBA Platform or HR Help or to your downloading of any content on it, or on any website linked to it.

 

(g) We assume no responsibility for the content of websites linked on our site.  Such links should not be interpreted as endorsement by us of those linked websites.  We will not be liable for any loss or damage that may arise from your use of them.

 

10. VIRUSES

 

(a) We do not guarantee that the HRBA Platform or HR Help will be secure or free from bugs or viruses.

 

(b) You are responsible for configuring your information technology, computer programmes and platform in order to access the HRBA Platform or HR Help. You should use your own virus protection software.

 

(c) You must not misuse the HRBA Platform or HR Help by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to the HRBA Platform or HR Help, the server on which the HRBA Platform or HR Help is stored or any server, computer or database connected to the HRBA Platform or HR Help.  You must not attack the HRBA Platform or HR Help via a denial-of-service attack or a distributed denial-of service attack.  In the event of such a breach, your right to use the HRBA Platform or HR Help will cease immediately and you will be liable for all costs associated with repairing any damages caused by you.

 

11. LINKING TO OUR SITE

 

(a) You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  Deep linking (i.e. links to specific pages within the site) requires our express permission.

 

(b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

(c) You must not establish a link to the HRBA Platform or HR Help in any website that is not owned by you.  You must not establish a link to the HRBA Platform or HR Help.

 

(d) The HRBA Platform and HR HELP must not be framed on any other site, nor may you create a link to any part of the HRBA Platform or HR Help other than the Website home page.

 

(e) We reserve the right to withdraw linking permission without notice.

 

(f) The website in which you are linking must comply in all respects with the content standards set out in these Terms.

 

12. LINKS TO OTHER WEBSITES

 

(a) The HRBA Platform and / or HR Help may contain links to other sites.  Unless expressly stated, these sites are not under our control or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on the HRBA Platform or HR Help does not imply any endorsement of the sites themselves or of those in control of them.

 

13. ACCEPTABLE USE POLICY

 

(a) You may only use the HRBA Platform or HR Help in a manner that is lawful and that complies with these Terms.  Specifically:

 

(i) you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

 

(ii) you must not use the HRBA Platform or HR Help in any way, or for any purpose, that is unlawful or fraudulent;

 

(iii) you must not use the HRBA Platform or HR Help to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

 

(iv) you must not use the HRBA Platform or HR Help in any way, or for any purpose, that is intended to harm any person or persons in any way.

 

(b) When submitting any user content (or communicating in any other way using the HRBA Platform or HR Help), you must not submit, communicate or otherwise do anything that:

 

(i) is obscene, deliberately offensive, hateful or otherwise inflammatory;

 

(ii) promotes violence;

 

(iii) promotes or assists in any form of unlawful activity;

 

(iv) discriminates against, or is in any way defamatory of, any person, group or class of persons, including but not limited to their race, sex, religion, nationality, disability, sexual orientation or age;

 

(v) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

 

(vi) is calculated or is otherwise likely to deceive;

 

(vii) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

 

(viii) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-clause);

 

(ix) implies any form of affiliation with the HRBA Platform or HR Help where none exists;

 

(x) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

 

(xi) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

(c) We reserve the right to suspend or terminate your access to the HRBA Platform or HR Help if you materially breach the provisions of these Terms. Specifically, we may take one or more of the following actions:

 

(i) suspend, whether temporarily or permanently, your Account and / or your right to access the HRBA Platform or HR Help;

 

(ii) remove any content submitted by you that violates these Terms;

 

(iii) issue you with a written warning;

 

(iv) take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

 

(v) take further legal action against you as appropriate;

 

(vi) disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and / or

 

(vii) any other actions which we deem reasonably appropriate (and lawful).

 

(d) We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms.

 

14. INTELLECTUAL PROPERTY

 

(a) Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer or otherwise that appears on or forms part of the HRBA Platform or HR Help unless uploaded by you, is our property or that of our affiliates or other relevant third parties.  By continuing to use the HRBA Platform or HR Help you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.

 

(b) You may not reproduce, copy, distribute, store or in any other fashion re-use any material from the HRBA Platform or HR Help unless otherwise indicated on the HRBA Platform or HR Help or unless given express written permission to do so by us.

 

(c) We, at all times retain title to the HRBA Platform and HR Help and you may not at any time claim any right or title in the HRBA Platform or HR Help or any information contained therein.

 

(d) All copyright and other rights subsisting in the HRBA Platform or HR Help are and shall remain our property.  The right to use the HRBA Platform and HR Help operates only as a licence and does not bestow any ownership rights upon you.  No assignment shall be deemed to have taken place.

 

15. KNOW HOW AND SOFTWARE

 

(a) We maintain ownership of all knowhow provided by us to you including but not limited to all documents, templates, reports, forms, agreements and advices produced in connection with the HRBA Platform or HR Help and anytime.

 

(b) We or our third party software provider maintain ownership of any software provided by you as part of any service offered by HRBA.

 

16. CANCELLATIONS

 

(a) You acknowledge and agree on acceptance of these Terms that the minimum period of subscription engagement between you and HRBA is 12 months, which is to be paid in either a yearly advancement or in monthly intervals.

 

(b) You acknowledge that you may not be eligible to terminate your subscription (either yearly or monthly) payments and that you may not be eligible for a refund of any kind.  You acknowledge that any subscription payments may continue to be due and owing to HRBA for the remaining period up to the end of the 12 month subscription period.

 

(c) Either party (HRBA or you) may terminate your Account in accordance with these Terms.  We reserve our right upon termination of your Account by either party (HRBA or you).

 

(d) If we terminate your Account, you may be notified by email and an explanation for the termination may be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

 

(e) We reserve our right if you elect to terminate your Account as a result of a “change of mind”.

 

(f) We reserve our right if you elect to terminate your Account in general.  We will consider such elections of termination on a case by case basis.  Contact our Accounts Team via email at accounts@hrbusinessassist.com.au for further information or clarification.

 

(g) Your subscription continues regardless whether you elect to actively utilise the services or not.

 

(h) For clients utilising HR Help, should you wish to cancel your subscription after the initial 12 month minimum period is served, a fee commensurate with recovering all data from HR Help may be charged.

 

17. REFUNDS

 

(a) In most circumstances you will not be entitled to a refund on any sums paid to us.

 

18. PRIVACY

 

(a) Use of the HRBA Platform and HR Help is governed by our Privacy Policy which is incorporated into these Terms by this reference.  To view the Privacy Policy, please click on the link on our Website.

 

(b) The HRBA Platform and HR Help may place cookies onto your computer or device.  Full details of the cookies used by the HRBA Platform or HR Help, their uses and your legal rights with respect to them are included in our Privacy Policy.  By accepting these Terms, you are giving us consent to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.

 

19. CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS

 

(a) We reserve the right to change the Website, the HRBA Platform or HR Help, their content or these Terms at any time.  You will be bound by any changes to the Terms from the first time you use the HRBA Platform or HR Help following the changes.  If we are required to make any changes to these Terms by law, these changes will apply automatically.

 

(b) We will endeavour to notify you of any changes to the Terms contained in this document, however it is noted that there is no obligation on HRBA to advise of any changes.  The Terms as set out in this document are always available via our website or you can contact us via email at info@hrbusinessassist.com.au to obtain a copy at any time.

 

20. NO WAIVER

 

(a) In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

21. PREVIOUS TERMS AND CONDITIONS

 

(a) In the event of any conflict between these Terms and any prior versions thereof, the provisions of these shall prevail unless it is expressly stated otherwise.

 

22. THIRD PARTY RIGHTS

 

(a) Nothing in these Terms shall confer any rights upon any third party.  The agreement created by these Terms is between you and us.

 

23. COMMUNICATIONS

 

(a) All notices / communications shall be given to us either by post (GPO Box 1572, Brisbane, QLD, 4001) or by email to info@hrbusinessassist.com.au.  Such notice will be deemed received three (3) days after posting if sent by post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

(b) We may from time to time send you information about our services.  If you do not wish to receive such information, please click “unsubscribe” in the email.

 

24. FORCE MAJEURE

 

(a) Neither party to these Terms shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

 

25. LAW AND JURISDICTION

 

(a) These Terms and the relationship between you and us shall be governed by and construed in accordance with the Law of Queensland and you and us agree to submit to the exclusive jurisdiction of the Courts of Queensland.