Terms and Conditions of purchase and use of Human’s Standard Documents
Last updated on 22nd of September 2017
1. Acknowledgements
- 1.1 These Terms and Conditions apply to Your purchase and use of Human’s Standard Documents.
- 1.2 Your purchase and use of Human’s Standard Documents:
- 1.2.1 is governed by these Terms and Conditions and Our Privacy Policy; and
- 1.2.2 constitutes your agreement and acceptance to be bound by these Terms and Conditions.
- 1.3 Additional terms, conditions, notices and disclaimers may form part of these Terms and Conditions and should be reviewed at the time that they are provided.
- 1.4 We may amend or replace these Terms and Conditions at any time without further notice to You. You can access the most current and up to date Terms and Conditions at www.humanoutsource.com.au. It is your responsibility to access these Term and Conditions regularly to ensure your compliance.
- 1.5 Your continued use of Human’s Standard Documents constitutes your agreement and acceptance to be bound by any amended or replacement Terms and Conditions.
- 1.6 If you do not agree to these Terms and Conditions, your only remedy is to not purchase or immediately cease use of Human’s Standard Documents.
- 1.7 We expressly reserve Our rights to any matter not referred to in, or rights not granted by, these Terms and Conditions.
2. Human’s Standard Documents
- 2.1 Subject to these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to purchase and subsequently use Human’s Standard Documents.
- 2.2 You acknowledge that Human’s Standard Documents are standard documents and have not been prepared or tailored for Your specific needs and circumstances. Human’s Standard Documents will not always be appropriate or sufficient and should not be relied upon as such. You should always contact us on 1300 723 911 for advice tailored to Your specific needs and circumstances before using Human’s Standard Documents.
- 2.3 Although We make all reasonable attempts to ensure the accuracy and currency of Human’s Standard Documents, We do not accept any responsibility or liability nor make any warranties or representations regarding accessibility, currency, correctness, accuracy, reliability, suitability or otherwise in respect of Human’s Standard Documents.
- 2.4 You acknowledge and agree that:
- 2.4.1 Your purchase and use of Human’s Standard Documents is subject to all applicable laws and is at Your own risk; and
- 2.4.2 Human’s Standard Documents are purchased by You on an “as is” basis and We do not warrant or represent that Human’s Standard Documents:
- 2.4.2.1 are current, accurate and complete;
- 2.4.2.2 do not contain any errors or faults;
- 2.4.2.3 do not infringe the rights of any third parties; and
- 2.4.2.4 are fit for any purpose.
- 2.5 We may make changes to Human’s Standard Documents including to a document’s availability, content and price, at any time, without further notice to You.
- 2.6 Once purchased, Human’s Standard Documents will be available for download in Microsoft Word format. To download and use Human’s Standard Documents You will need to have Microsoft Office, including Microsoft Word and Excel, installed on your computer. It is Your sole responsibility to ensure that Your computer meets these minimum specifications. You will not be eligible for any refund as a result of Your inability to download or use any purchased document to the extent that such inability is cause by Your computer failing to meet these minimum specifications.
- 2.7 We cannot guarantee that any file available for download from or via Our website (www.humanoutsource.com.au) is free from viruses or other conditions that could damage or interfere with data, hardware or software with which such file might be used.
3. Intellectual Property
- 3.1 Except as expressly specified in these Terms and Conditions, you do not have any right, title or interest in or right to use Human’s Standard Documents.
- 3.2 We own and retain all proprietary information, copyright, trademarks and other intellectual property rights (whether registered or unregistered) used or subsisting in Human’s Standard Documents.
- 3.3 Subject to payment by You of the relevant purchase price, You may download, use, copy and modify Human’s Standard Documents for Your normal internal business purposes only.
- 3.4 You must not:
- 3.4.1 distribute to any third party or authorise any third party to use Human’s Standard Documents without Our prior written consent;
- 3.4.2 sub-licence or attempt to transfer Your rights to Human’s Standard Documents without Our prior written consent;
- 3.4.3 commercially exploit Human’s Standard Documents or any information accompanying or made available in relation to Human’s Standard Documents;
- 3.4.4 modify or delete any attribution or legal or proprietary notice in Human’s Standard Documents or any information accompanying or made available in relation to Human’s Standard Documents; or
- 3.4.5 modify any information accompanying or made available in relation to Human’s Standard Documents.
- 3.5 If any third party makes any Claim against You that Human’s Standard Documents infringe their intellectual property rights, You must promptly give Us notice of the Claim, give Us full control over any proceedings and negotiations conducted with the third party (if requested by Us) and provide any assistance reasonably required by Us to defend the Claim. You must not make any representation or public statement about the Claim without Our prior written consent.
4. Limitation of liability
- 4.1 To the maximum extent permitted by law, We exclude any liability to You and You release Us (including our related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns) entirely of all responsibility and liability from any direct, indirect, incidental, consequential, special or punitive loss or damage You or others may suffer (including loss of profits or loss of data or information) in relation to Your purchase or use of Human’s Standard Documents.
- 4.2 Liability which cannot be excluded is limited, to the extent possible, at Our absolute discretion, to:
- 4.2.1 the supply of the goods and services again; or
- 4.2.2 the payment of the cost of having the goods and services supplied again.
5. Indemnity
- 5.1 You hereby agree to indemnify and keep Us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of Your purchase or use of Human’s Standard Documents in breach of these Terms and Conditions.
6. Termination
- 6.1 We reserve the right to immediately terminate Your right to purchase and/or use Human’s Standard Documents if You breach or authorise any third party to breach these Terms and Conditions.
7. General
- 7.1 You must only purchase and use Human’s Standard Documents for lawful purposes and in accordance with any applicable laws.
- 7.2 If any clause (or part of a clause) in these Terms and Conditions is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of any other clause.
- 7.3 We do not waive a right, power or remedy by failing to exercise or delay in exercising the right, power or remedy. A single or partial exercise or waiver of a right under these Terms and Conditions will not prevent any other exercise of that right or any other right.
- 7.4 We may assign, transfer and/or subcontract our rights and/or obligations (in whole or in part) under these Terms and Conditions without notice to You. You may not assign, transfer and/or subcontract Your rights or obligations under these Terms and Conditions without Our prior written consent.
- 7.5 These Terms and Conditions are governed by, and are to be construed in accordance with, the laws of Queensland, Australia.
8. Definitions & Interpretation
- Claim: means a claim, demand or proceedings arising out of a cause of action in connection with the purchase or use of Human’s Standard Documents.
Human’s Standard Documents means any policy, procedure, contract, form, template or other document of a standard or untailored nature offered for use by Us to customers. - Terms and Conditions: means these terms and conditions that apply to the purchase and use of Human’s Standard Documents (including any amendment or replacement of these terms and conditions made available at (www.humanoutsource.com.au) and additional terms, conditions, notices and disclaimers that apply to the purchase of Human’s Standard Documents or are displayed on or in relation to Human’s Standard Documents.
- We, Us or Our: means Human Outsource Pty Ltd.
- You or Your: refers to a purchaser and user of Human’s Standard Documents.