Workplace Partners
Terms and Conditions of use
Introduction: This service is provided to you by Workplace Partners. Do not use this website and products unless you have read these terms and condition. If you use our website and products, including any information contained in it in any way, you do so on the basis that you accept and agree to our terms and conditions.
At the end of these terms and conditions, you will be given the choice of accepting or rejecting the terms and conditions. If you accept the terms and conditions, you may use our website and products. If you reject our terms and conditions, you will not be able to use our website and products, including any information contained in it in any way. If you use any of our products including documents that you purchase from us, you do so on the basis that you accept our terms and conditions.
DO NOT use this website and products, including any information contained in it in any way, unless you have read the relevant terms and conditions and accept them.
Business Use Only: Workplace Partners website provides products for purchase and use by small to medium businesses operating in Australia. This product may not be suitable for large business or publicly listed businesses. Our products are not suitable for private or household use.
Intellectual Property: This website and products are owned by or licensed to us and will remain the exclusive property of Workplace Partners. Our trademarks and Intellectual Property may not be used in connection with any other products or services without our prior written consent.
Use of our website and products does not constitute a transfer of any Intellectual Property rights from us to you. You are not permitted to reproduce any information, document or materials on our website for sale. You are authorised to view and use our products including saving an electronic copy and print out a copy solely for use within the purchasing entity/business. You are not authorised to copy, reproduce, upload, disseminate, directly or indirectly to any person for any purpose other then for use within the purchasing entity/business.
We expressly reserve all copyright and trademark in all documents, information, and materials on our website.
Amendment of Terms: Workplace Partners reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the website and products.
Workplace Partners Does Not Give Legal, Tax or Accounting Advice: Whilst the documents and information has been prepared by experienced practitioners in the fields of employment, industrial relations, human resources and workplace health and safety, Workplace Partners is not a legal practitioner and is not an incorporated legal practice. This website is not intended to give you legal advice or provide you with any legal services; it is intended to provide you with useful products, links and information.
The documents and information we provide is general and may not be suitable for every business and situation. We recommend that you seek independent legal or professional advise before using any of our products and information.
Limitation Of Our Liability: While Workplace Partners makes every effort to ensure the accuracy of the information provided, the accuracy may be affected by changes to Commonwealth law, State and Territory laws, policy, or by judicial consideration or interpretation. Workplace Partners or any person acting on their behalf do not give any guarantee, undertaking or warranty whatsoever in relation to the information including in relation to the accuracy, completeness, currency or the interpretation of any award, the Fair Work Act, employment law generally or any decision or determination of a court or tribunal of the information. Workplace Partners also gives no guarantee that our website or its server is free of viruses or any other harmful components. By agreeing to use the website, product, and information, you agree to indemnify and hold harmless Workplace Partners and any person acting on their behalf from and against any loss or liability suffered by a user or a third party, arising out of the provision of the information, howsoever caused, including due to the negligence of the Workplace Partners or any person acting on their behalf.
You agree that Workplace Partners shall not be liable for any damages suffered as a result of using the website and products. Use of the website and products is at your own risk.
As stated above, Workplace Partners recommends that you seek independent legal or professional advice before using any of our products and information.
Other Websites: Our website and products may contain links to other websites. We are not responsible for any information or other links contained on these websites. Links and information on these websites are provided simply for your convenience and we does not imply endorsement, or approval of them. If you access these links you do so at your own risk.
Consumer Law: Nothing in these terms and conditions are intended to exclude any applicable Consumer Guarantees under the Competition and Consumer Act 2010 (Cth). Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then Workplace Partners relies on Section 64A of the Competition and Consumer Act 2010 (Cth). In that our liability for any breach of a term of this agreement is limited to:
- Where there is a supply of products, to the replacement or resupply of equivalent products, or the payment of the cost of having the products supplied to you again.
- Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.
If you misuse or breach these terms and conditions: If we become aware that you have breached these terms and conditions and that we have lost revenue through your breach of these terms and conditions, then you agree that we may take steps the following steps:
- recover any revenue we have lost including interest;
- our costs of discovering our loss and the extent of it;
- our costs of recovering the revenue;
- end your right to use the website and products; and
- deny you any further access to our website, products and services.
This clause does not limit in any way the recovery by Workplace Partners of all other amounts from you which are recoverable at law in respect of any breach of these terms and conditions by you.
Your Information: We do not sell or deal in personal or business information. Your information will only be used for our internal purposes to identify marketing information and statistics and customer service generally to improve our website, products and services,
We may disclose information in good faith where required to do so:
- by law or by any court;
- to enforce the terms and conditions of any of our client agreements;
- to protect our rights, property or safety and that of our employees, contractors, clients, or third parties; or
- to relevant institutions with the purpose of preventing fraud.
Jurisdiction: These terms and conditions are subject to the laws of South Australia If there is a dispute between you and us that results in litigation then you submit to the jurisdiction of the relevant courts or tribunals of South Australia.
Competitor Business: If you own, operate, work, or are contracted to a business that provides similar products or services to us then you are a competitor business. You are expressly excluded, and we do not permit you to use, reproduce the documents, information or materials on our website either directly or through a third party.
If we become aware that you have breached this term and that we have lost revenue through your breach of this term, we may take steps the following steps:
- recover any revenue we have lost including interest;
- hold you accountable to profits that you might make from such unpermitted use;
- our costs of discovering our loss and the extent of it;
- our costs of recovering the revenue; and
- deny you any further access to our website, products and services.
Severability: If any of these terms and conditions is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the term or condition (or where possible, the offending part) is to be severed without affecting the enforceability, validity or legality of the remaining terms and conditions (or parts of those), which will continue in full force and effect.
Definitions and interpretation
In these terms and conditions:
‘Workplace Partners’ means Workplace Partners Pty Ltd ABN 57 161 891 050, its agents, officers, successors, authors, licensors and advisers and ‘we’, ‘our’ and ‘us’ have a corresponding meaning;
‘Website’ includes the website, the interface, user system, documents, information, and the services which we make available to you which are ancillary to these services, including telephone helpline;
‘document’ means a document you order which is generated by our service;
‘lawyer’ means a registered Australian legal practitioner;
‘product’ means a document or other service which you order from us;
‘you’ means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
the singular includes the plural and vice versa; and
a reference to currency is a reference to Australian dollars.
You agree that each of these definitions has the same meaning wherever they appear on our website.