HR Australia Terms & Conditions – Effective 01 January 2023
These Terms and Conditions are incorporated into every contract for the supply of Goods or Services by HR Australia to its Customers. Whenever a Customer orders or accepts Goods or Services from HR Australia it does so on these Terms and Conditions.
PLEASE READ THESE TERMS and ALL HR AUSTRALIA POLICIES including the Privacy Policy (collectively the “Agreement”) carefully before entering into a Contract with HR Australia.
1. DEFINITIONS
In these Terms and Conditions:
(a) ‘Contract’ means any contract for the supply of Goods or Services entered into between HR Australia and the Customer with such contract being subject to the terms and conditions set out herein;
(b) ‘Customer’ means any person who acquires Goods or Services from HR Australia under a Contract;
(c) ‘Consumer Law’ means the Competition and Consumer Act 2010 (Cth), any statutory amended or re-enactment thereof for the time being in force and any other relevant and applicable State and/or Commonwealth legislation;
(d) ‘Goods’ means all goods agreed to be supplied by HR Australia to the Customer under any Contract;
(e) ‘GST’ means a goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999;
(f) ‘Price’ means the quoted price that appears on a written quotation from HR Australia, including a quotation provided to the Customer by email transmission or otherwise, or the quoted price that appears on HR Australia’s website. Unless otherwise expressly agreed to in writing by HR Australia, the price is valid to the date appearing on the quotation from HR Australia, the Price of Goods or Services supplied by HR Australia will be at HR Australia’s price list for Goods or Services at the time the Goods are supplied or the Services are performed, less any prior agreed discounts;
(g) ‘Services’ means all services agreed to be supplied by HR Australia to the Customer under any Contract;
(h) ‘HR Australia’ means HR Australia (ABN 72 608 244 187) and its agents, servants and employees and any related bodies corporate as defined in the Corporations Act 2001 (Cth) (if such related body corporate is named as party to the Contract);
(i) ‘You’ or ‘Your’ means the Customer.
2. SCOPE OF HR AUSTRALIA GOODS AND/OR SERVICES
(a) HR Australia provides a platform for Customers to obtain a HR Manual containing: commentary, forms, policies and templates for the use of businesses in managing their human resources function.
(b) You expressly agree that HR Australia has no responsibility and makes no warranty as to the truth or accuracy or currency of any aspect of the information provided by HR Australia or for any subsequent use by you of the material contained in the Manual.
(c) You acknowledge that we have recommended that you obtain independent legal advice specific to your business and its requirements prior to use by you of any of the documentation contained in the Manual.
3. TERMS AND CONDITIONS
These Terms and Conditions:
(a) Unless HR Australia otherwise agrees in writing, these are the only terms and conditions for the supply of Goods or Services, by HR Australia to the Customer, to which HR Australia will be bound and, the Customer agrees that these Conditions will, in all circumstances, prevail over the Customer’s Conditions of Purchase (if any);
(b) Supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods or Services;
(c) Do not limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees provided under the Consumer Law, including the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth) (“Non Excludable Guarantees”); and
(d) Are accepted by the Customer when the Customer registers as a customer of HR Australia or when the Customer enters into a Contract.
4. QUOTATION
Any quotations or estimate or price given by HR Australia (the “Quote”) is not an offer to contract, and no order or request for Goods or Services given to HR Australia following a quotation, estimate or price, or otherwise will bind HR Australia until it is accepted by HR Australia in writing, in its absolute discretion. All quotations, estimates or prices are subject to withdrawal or variation by HR Australia at any time prior to acceptance of a request by the Customer for Goods or Services from HR Australia.
5. FORMATION OF CONTRACT
(a) By placing an order for Goods or Services either through the HR Australia website or by contacting HR Australia in writing by email transmission or otherwise, the Customer is deemed to have accepted these Terms and Conditions.
(b) On the request of any Goods or Services from the HR Australia website or by contacting HR Australia, in writing by email transmission or otherwise, a tax invoice is issued which details the request for Goods or Services as HR Australia has received it. If the Customer finds any discrepancies, HR Australia must be notified in writing immediately but within no more than 24 hours.
(c) An order is accepted subject to the price quoted by HR Australia, the scope of the Goods or Services requested by the Customer and any variation to that scope and to the conditions thereof. Receipt of an order or request for Goods or Services by HR Australia from the Customer does not constitute acceptance by HR Australia.
(c) Generally, the HR Australia website indicates the availability of goods or services, nevertheless, such information is purely indicative and not binding on HR Australia. Where HR Australia is unable to provide the Goods or Services within the time frame requested by the Customer or within the time frame indicated by HR Australia on their website or on any written quotation, we will contact you as soon as we become aware of such an issue, and provide an estimated date of delivery of the goods or an estimated date of completion of the Services, if available, or offer an alternative scope of work for the Goods or Services, if appropriate.
6. NO RELIANCE
Customer acknowledges, agrees and warrants that it has not entered into a Contract, incorporating these Terms and Conditions in reliance on any express or implied representation, warranty, promise or statement of any kind made by HR Australia or on HR Australia’s behalf, other than as expressly set out in the Quote. Customer warrants and represents that the Customer has made and relies solely on the customer’s own enquiries concerning the Goods or Services.
7. PRICE
Customer is responsible for and must pay HR Australia the total tax invoice amount for all Goods and Services which will comprise:
(a) the Price;
(b) all other costs and expenses which may be incurred by HR Australia at the request of Customer arising from any variation or addition to the original quotation or request for Goods or Services; and
(c) all Government taxes and/or charges, including GST.
8. PAYMENT
(a) Payment in full in clear funds of the total tax invoice amount shall be made by Customer through the payment platform nominated by HR Australia.
(b) HR Australia may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of HR Australia (“Escrow Provider”).
(c) By buying the Goods or Services from HR Australia, You agree to be bound by the Escrow Provider’s Privacy Policy which is located on the Escrow Provider’s website and You hereby consent and authorise HR Australia and the Escrow Provider to share information and payment instructions You provide with one another, and, to the extent required to complete your transaction, with any third party service provider(s). By registering with HR Australia or by requesting Goods or Services from HR Australia, You agree to be bound by Escrow Provider’s terms and conditions which are located on their website. HR Australia confirms that the services offered by the Escrow Provider are Third Party Services and subject to further terms provided by the Third Party Service Provider.
(d) HR Australia currently use Paypal as an Escrow Provider. You can find their terms and conditions by clicking on the following links:
Paypal Terms and Conditions
https://www.paypal.com/au/webapps/mpp/ua/paypalhereterms-full
Paypal Privacy Policy
https://www.paypal.com/au/webapps/mpp/ua/privacy-full
Paypal User Agreement
https://www.paypal.com/au/webapps/mpp/ua/useragreement-full
You should also make your own enquiries for any additional conditions that may apply when using the Escrow Providers.
(e) HR Australia makes no representations or warranty as to the Third Party Services. However, if you experience issues with a Third Party Service, please contact HR Australia by obtaining the details for HR Australia on its contact page on HR Australia’s website.
9. DELIVERY
HR Australia will make all reasonable efforts to deliver the Goods and/or Services to the Customer within a reasonable time, but HR Australia shall not be liable for any failure to deliver or delay in delivery for any reason.
10. ELIGIBILITY TO CONTRACT
(a) You must be able to form legally binding contracts under applicable law. HR Australia goods and services are not available to persons under 18 years of age. If You do not qualify to use HR Australia’s goods or services, You must not order the Goods or use the Services.
(b) HR Australia may, at its absolute discretion, refuse to accept any request for its Goods or Services.
11. LIMITATION OF LIABILITY
(a) HR Australia and the Customer agree that HR Australia’s liability under these Terms and Conditions is governed solely by the Consumer Law.
(b) Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Consumer Law, the exclusion of which from a Contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law HR Australia specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any service supplied), arising out of or in any way connected with any transaction between HR Australia and Customer.
(c) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, HR Australia specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the HR Australia platform.
(d) Except for liability in relation to a breach of any Non-excludable Condition, HR Australia’s liability to any Customer of their Goods or Services is limited to the total amount of fees paid by that Customer to HR Australia for the Goods or Services with respect to which any incident causing liability of HR Australia occurred.
(e) HR Australia’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to supplying again or paying the cost of supplying again, the Services in respect of which the breach occurred or for replacing the Goods.
12. CUSTOMER WARRANTY
Customer warrants that he/she places the order for the Goods and /or Services as principal and that he/she will be personally liable to observe these Terms and Conditions.
13. WAIVER
The failure of HR Australia at any time to insist on performance of any provision of these Terms and Conditions is not a waiver of HR Australia’s rights at any time later to insist on performance of that or any other provision.
14. SEVERANCE
If any provision of these Terms and Conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall so far as possible be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired.
15. INTELLECTUAL PROPERTY
(a) Copyright in all photographs, drawings, designs, specifications, catalogs and other similar works supplied to the Customer by HR Australia is vested in HR Australia, as licensee under an agreement with HR Australia (ABN 72 608 244 187) and the Customer shall not copy or reproduce or allow the copying or reproduction of any such works without the prior written consent of HR Australia.
(b) The Customer shall not use the HR Australia name and/or any names or marks attached to any of the Goods or Services the subject of this contract for advertising or promotional purposes or in any manner or medium whatsoever without the prior written consent of HR Australia.
16. CANCELLATION
A Contract is not cancelled without the consent of HR Australia. Subject as aforesaid, such cancellation must be written and must be received by HR Australia not more than twenty-four (24) hours after the date of the Contract.
17. YOUR PRIVACY
Your personal information will be handled by us in accordance with our Privacy Policy which can be accessed by clicking HERE.
18. SURVIVAL
If any of these terms are or later become illegal or unenforceable, the illegal or unenforceable part of those terms are taken to be severed from these terms, but all other terms remain in place.
19. GOVERNING LAW
The supply of Goods and Services in Australia under these Terms and Conditions is governed by the law of the State of Queensland and HR Australia and the Customer expressly consent to the exclusive jurisdiction of the Courts of Queensland, and specifically those in the District of Southport, with respect to any dispute which arises under a Contract and HR Australia and the Customer agree that any dispute in relation to a Contract shall be heard in the District of Southport in Queensland.