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HR ADVICE ONLINE MEMBERSHIP TERMS AND CONDITIONS

1. ACCEPTANCE TERMS OF USE

Where you (“the User”) continue to browse and use the HR ADVICE ONLINE PTY LTD Web Site (“the
Web Site”), and the products and services offered by HR ADVICE ONLINE PTY LTD through the Web Site
(“Products and Services”), the User is bound by and accepts to be bound by these terms and conditions of
use at all times and as amended from time to time (“Terms of Use”). In these Terms of Use the word “the
User” includes a Subscribed User and a Paid Subscribed User.

2. INTENDED USE IN AUSTRALIA ONLY

HR ADVICE ONLINE PTY LTD acknowledges the Web Site is controlled, operated and maintained in
Australia. The information and materials contained in the Website and in the Products and Services are
specifically intended to be used for Australian purposes and HR ADVICE ONLINE PTY LTD acknowledges
the information and materials contained in the Website and in the Products and Services are not suitable
nor appropriate for use for other locations. The User who accesses and uses the Web Site, the Products and
Services from locations outside of Australia does so at its own risk and shall also be solely responsible for
being compliant with those local laws, rules and regulations.

3. ACCESS TO WEB SITE and THE WORLD WIDE WEB

The User acknowledges that in order to access and use this Web Site the User requires the necessary
equipment, connections and services to access the World Wide Web. The User is responsible for attaining
the necessary equipment, connections and services to access the World Wide Web, including bearing the
cost and expense of same. The User also acknowledges the World Wide Web is a public network, it is not
private, protected nor secure, and the User accepts the risk involved in using it. HR ADVICE ONLINE PTY
LTD cannot guarantee and does not warrant the Web Site will be free from errors, faults, viruses, worms,
Trojan horses or other harmful, debilitating or damaging and unsafe components, software or programs.

4. ACCURACY

Whilst HR ADVICE ONLINE PTY LTD will use its best endeavours to ensure the information and
materials contained in the Website and its Products and Services are accurate, correct, precise and proper,
the User uses the information and materials at its own risk including ensuring the information and
materials meet the User’s requirements suitability and fitness for purpose, and acknowledges some
inaccuracies and errors may be contained therein. The User further acknowledges the information and
materials contained in and offered on the Website and in the Products and Services are not and do not
equate to legal or professional advice nor is it intended that they be relied upon or be construed as being
legal or professional advice or a substitute for legal or professional advice.

5. CHANGES TO WEBSITE, PRODUCTS & SERVICES

HR ADVICE ONLINE PTY LTD may, at its sole discretion, remove, alter, modify, amend or change any
aspect to or part of the Web Site (including but not limited to HR ADVICE ONLINE PTY LTD’s Products
and Services available through the Web Site) without any prior notice.

6. CHANGES TO TERMS OF USE

The content, provisions, terms and conditions of these Terms of Use is subject to change by HR ADVICE
ONLINE PTY LTD without any prior notice.

7. TERMINATION BY HR ADVICE ONLINE PTY LTD

HR ADVICE ONLINE PTY LTD may, at its own discretion, deny the User access to or use of this Web Site,
Products and Services, where HR ADVICE ONLINE PTY LTD deems or believes the User has breached any
provision in these Terms of Use, the User has violated the rights of HR ADVICE ONLINE PTY LTD, the
User has used the Web Site inappropriately or the User has used the Website in a way that brings HR
ADVICE ONLINE PTY LTD into disrepute.

8. USER WARRANTIES and ACKNOWLEDGEMENTS (USER CONDUCT)

The User unequivocally and explicitly warrants and acknowledges it must not:

  • Provide HR ADVICE ONLINE PTY LTD with false details;
  • Post or transmit any obscene, offensive, indecent, defamatory, inflammatory unlawful materials or
    content through the Web Site;
  • Interfere, tamper with, hinder or obstruct the Web Site and the Products and Services (including
    attempting to do same) offered by HR ADVICE ONLINE PTY LTD through the Web Site;
  • Transmit or upload (including attempting to do same) any viruses, worms, Trojan horses or other
    harmful, debilitating or damaging and unsafe components, software or programs through the Web Site;
  • Alter or modify the information and materials contained in and offered on the Website and in the
    Products and Services;
  • Use the Web Site, the Products and Services, or any part thereof, for unlawful purposes or violate any
    applicable laws, rules and regulations;
  • Impersonate another person or falsify an identity;
  • Sell the Products and Services offered by HR ADVICE ONLINE PTY LTD or forward them onto any
    other individual, entity, organisation or association outside of the User’s business;
  • Use the information and materials contained in and offered on the Website and in the Products and
    Services in a way other than for personal use or use in the User’s business.

9. SUBSCRIBED USER/PAID SUBSCRIBED USER REGISTRATION & PASSWORD

Some parts of the Web Site and some of the Products and Services may only be accessible to those who
have subscribed and registered with HR ADVICE ONLINE PTY LTD to become subscribed users
(“Subscribed Users”).
Some parts of the Web Site and some of the Products and Services may only be accessible to those who
have subscribed and registered with HR ADVICE ONLINE PTY LTD to become paid subscribed users
(“Paid Subscribed Users”) and have paid a subscription fee (“Subscription Fee”) for a period of
12 months (“the Term”). The registration page (“Registration Page”) that each Subscribed User/Paid
Subscribed User executes in order to become a Subscribed User/Paid Subscribed User forms part of these
Terms of Use.

At the time of subscribing and registering, the Subscribed User/Paid Subscribed User must provide accurate
and truthful details as requested by HR ADVICE ONLINE PTY LTD. The Subscribed User/Paid Subscribed
User must provide HR ADVICE ONLINE PTY LTD with a correct email address, user name and user
password at the time of subscribing and registering and the Subscribed User/Paid Subscribed User is solely
responsible for maintaining the privacy and confidentiality of those details. By subscribing and registering,
the Subscribed User/Paid Subscribed User unequivocally agrees at all times to be bound by these Terms of
Use as amended from time to time and the Subscribed User/Paid Subscribed User acknowledges it has the
authority to subscribe and register to the Website, the Products and Services.

10. NO CANCELLATION BY THE PAID SUBSCRIBED USER

The Paid Subscribed User may not cancel its subscription and registration within the Term; however, the
Paid Subscribed User may choose not to renew its subscription and registration at the expiration and end of
the Term.

11. PRIVACY POLICY

HR ADVICE ONLINE PTY LTD is committed to providing the User with an efficient service. To perform
its duties professionally, it is necessary for HR ADVICE ONLINE PTY LTD to sometimes collect, use and
sometimes disclose Personal Information about the User. HR ADVICE ONLINE PTY LTD remains
committed to respecting and protecting the privacy and confidentiality of the User’s Personal Information.
‘Personal Information’ is information regarding an individual or entity whose identity is apparent or can be
easily ascertained from that information. This includes the User’s name, address, contact details, financial
and billing information (including A.C.N./A.B.N, and credit card details as required).

The way in which HR ADVICE ONLINE PTY LTD will collect the User’s Personal Information will vary in
accordance with how the User communicates with HR ADVICE ONLINE PTY LTD. It may be collected
electronically through an on-line service (an electronic registration form), directly from the User verbally
(face-to-face attendance or via telephone conversations) or by means of written correspondence (emails,
facsimiles or letters posted to HR ADVICE ONLINE PTY LTD). HR ADVICE ONLINE PTY LTD will
collect Personal Information about the User for the purpose of operating the Website and providing the
Products and Services. HR ADVICE ONLINE PTY LTD would not be in a position to provide these items
without this Personal Information.

At times, HR ADVICE ONLINE PTY LTD may use this Personal Information to notify the User of HR
ADVICE ONLINE PTY LTD’s other products, promotions or special offers and to sustain a relationship
with the User. The User may, at any time, express that it no longer wishes to receive information regarding
these other products, promotions or special offers.

HR ADVICE ONLINE PTY LTD does not use ‘cookies’ on the Web Site to collect information and it does
not buy or sell, rent or lease, or in any way trade Personal Information (such as ‘mailing lists’).
Only in certain circumstances will HR ADVICE ONLINE PTY LTD use or disclose the User’s Personal
Information for a purpose other than primarily what it is collected for. Sometimes it may be necessary for
HR ADVICE ONLINE PTY LTD to disclose this Personal Information to other organisations. The
organisations/type of organisations HR ADVICE ONLINE PTY LTD may disclose Personal Information of
this kind are to other service providers or third parties who assist HR ADVICE ONLINE PTY LTD in
operating the Website and providing the Products and Services (such as a professional printing business,
website designer or HR ADVICE ONLINE PTY LTD’s legal representatives).

Other times it may be necessary for HR ADVICE ONLINE PTY LTD to transfer the User’s Personal
Information to someone who is in a foreign country. In this scenario HR ADVICE ONLINE PTY LTD will
endeavour to take reasonable steps to ensure the recipient of the transferred information uses, holds and
discloses it consistently with Australian privacy laws.

HR ADVICE ONLINE PTY LTD is committed to preserving and securing the protection and integrity of the
User’s Personal Information. It has implemented certain precautions to safeguard this information from
misuse, loss, unauthorised access, modification or disclosure. However, HR ADVICE ONLINE PTY LTD
does acknowledge that data transmitted over the internet is not completely secure. For this reason, HR
ADVICE ONLINE PTY LTD cannot guarantee the security of this Personal Information via the internet
and any such data transmission undertaken by the User is done so at the User’s own risk.

Upon request, the User may access the Personal Information HR ADVICE ONLINE PTY LTD holds about
the User. The User will be able to log in and view this information. Where the User establishes the Personal
Information HR ADVICE ONLINE PTY LTD holds about the User is not accurate, complete or up-to-date,
the User may notify HR ADVICE ONLINE PTY LTD regarding same and HR ADVICE ONLINE PTY LTD
shall take reasonable steps to correct it.

HR ADVICE ONLINE PTY LTD does not anticipate the necessity to collect sensitive information about the
User. ‘Sensitive Information’ is information such as the User’s race, political beliefs, religious beliefs,
sexuality, and so forth. This would only occur in certain circumstances and HR ADVICE ONLINE PTY
LTD would ascertain the User’s consent before collecting this information (unless where the exemptions in
law apply).

HR ADVICE ONLINE PTY LTD is not responsible for the privacy policies or privacy practices of the
organisations it provides links to from the Website. The User should check the respective privacy policies
and practices of those organisations.

Any queries regarding this privacy policy or HR ADVICE ONLINE PTY LTD’s privacy practices, or to gain
access to the Personal Information HR ADVICE ONLINE PTY LTD holds about the User, the User may
submit its queries in writing to:

The Privacy Officer
HR ADVICE ONLINE PTY LTD
714 Main Road
ELTHAM VIC 3095
Alternatively, the User may send HR ADVICE ONLINE PTY LTD an email at the following email
address: [email protected]

12. LINKS TO THIRD PARTIES

The Web Site may contain links to third party web sites. HR ADVICE ONLINE PTY LTD does not:

  • Operate, control, approve, endorse those web sites nor is HR ADVICE ONLINE PTY LTD responsible
    for those web sites and the content, materials, information and graphics they contain;
  • Make any warranties or representations that those web sites do not infringe the intellectual property of
    any person or entity;
  • Make any warranties or representations regarding the quality, accuracy and suitability of purpose of
    those web sites and the content, materials, information and graphics they contain.
    Where the User enters any the third party web site, the User does so at its own risk.

13. INDEMNITY

The User agrees to indemnify, forever release, defend, hold harmless and discharge HR ADVICE ONLINE
PTY LTD and its officers, directors, employees and agents (each an “Indemnitee”) harmless from and
against any and all claims, actions, losses, damages, liabilities, costs and expenses (including, without
limitation, reimbursement for legal fees and disbursements incurred by an Indemnitee in any action
between a party and the Indemnitee, or between the Indemnitee and any third party or any other action)
arising out of or in connection with any of the terms and condition in these Terms of Use, including but not
limited to:

  • Accessing and using the Web Site, the Products and Services;
  • Accessing and using the Web Site, the Products and Services through the use of the World Wide Web
    (including the risks in using the World Wide Web);
  • Accessing and using the Web Site, the Products and Services from locations outside of Australia
    (including but not limited to being compliant with those local laws, rules and regulations);
  • The User’s misuse, abuse and mistreatment of the Website, the Products and Services;
  • The User’s breach of any of the provisions of these Terms of Use;
  • HR ADVICE ONLINE PTY LTD’s changes to the Website, the Products and Services (including the
    removal of any information and materials on the Web Site and any of the Products or Services);
  • Inaccuracy and errors in the information and materials contained in and offered on the Website and in
    the Products and Services;
  • The accuracy, security and confidentiality of the User’s Personal Information;
  • The Website remaining free from errors, faults, viruses, worms, Trojan horses or other harmful,
    debilitating or damaging and unsafe components, software or programs and the User being contaminated
    and infected by same after using the Website;
  • Alterations or modifications made to the IP by any other individual, entity, association or organisation
    other than HR ADVICE ONLINE PTY LTD;
  • Unauthorised Use of the information and materials contained in and offered on the Website and in the
    Products and Services.

14. IP

“Intellectual Property” means all the intellectual property developed and owned by HR ADVICE ONLINE PTY LTD, in or arising out of the Web Site, the Products and Services and the content, information and materials therein contained, whether protectable by statute, at common law or in equity, including all copyright, inventions, patents, designs (whether or not registrable), registered and unregistered trademarks.

All Intellectual Property shall remain, belong to and be the absolute and exclusive property of HR ADVICE ONLINE PTY LTD. The Intellectual Property will not be the subject of any grant of any interest or licence whatsoever.

 

The User must not assign, subcontract or otherwise dispose of any of its rights or obligations, whether in
whole or in part, under these Terms of Use without the prior written consent of HR ADVICE ONLINE PTY
LTD. HR ADVICE ONLINE PTY LTD may assign, subcontract or otherwise dispose of any of its rights or
obligations, whether in whole or in part, under these Terms of Use (“Changes”) at any time and without
obtaining the consent of the User and shall forward to the User written notification of such Changes after
such Changes have occurred. Here “written notice” includes publishing such changes on the Web Site.
Any notice, demand or other communication required or to be given or made pursuant to these Terms of
Use is to be made in writing and may be given by regular post, facsimile transmission, by email or
publishing such notice, demand or other communication on the Web Site.

18. DEFINITIONS

‘Commencement Date’ means the date the User becomes a Subscribed User/Paid Subscribed User.

‘HR ADVICE ONLINE PTY LTD’ means the entity HR ADVICE ONLINE PTY LTD (A.C.N. 149 756 758)
and its officers, employees, directors, agents, executors, administrators, successors, substitutes, agents,
contractors, assignees and representatives.

19. INTERPRETATION

In these Terms of Use, unless the contrary intention appears:

  • Words importing one gender include the other genders;
  • Words importing the singular include the plural and vice versa;
  • Writing includes all means of reproducing words in a tangible and permanently visible form and any
    form of communication sent by post, email, facsimile transmission or published on the Web Site;
  • All monetary amounts are in Australian dollars, unless otherwise expressly stated;
  • A reference to a statute, regulation, proclamation, rule, code or ordinance or provision of a statute or
    regulation proclamation, rule, code or ordinance includes all regulations and other regulations and other
    instruments under it and all amendments, consolidations, modifications, re-enactments or reprint of it
    or any statute, regulation, proclamation, rule, code or ordinance replacing it or of any provision of it;
  • Headings in these Terms of Use have been inserted for convenience only and do not affect its
    interpretation or construction;
  • No rule of construction applies to the disadvantage of a Party because these Terms of Use, or part of it,
    was prepared by or on behalf of that Party;
  • Where a word, expression or phrase is defined and given a particular meaning in these Terms of Use,
    other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
  • Where an action is required to be performed on or by a given day, that act must be performed by 5:00
    pm Eastern Standard Time Australia on that day otherwise it is taken to have been performed on the
    following day;
  • If the time for performing any action under these Terms of Use is on or by a given day and that day is a
    Saturday, Sunday or public holiday, the time for performing the action shall extend to the next Business
    Day.