The HR Management App by Management Solutions Australia Pty Ltd (MSA) welcomes you. We invite you to access and use our websites and mobile applications, including, without limitation, hrmanagementapp.com and the HR Management App (collectively the “Websites”).
References throughout these Terms and Conditions to “we”, “us”, “our”, “HR Management App”, “hrmanagementapp.com”or “MSA” means Management Solutions Australia Pty Ltd (ABN 26 514 226 357) or any employee or agent of MSA responsible for dealing with you.
References throughout these Terms and Conditions to “you”, “your”, “the visitor”, “Visitors” or “the client” means a visitor to any website owned by us and/or a customer of ours, and will include any agent or representative of you having actual or ostensible authority to act for you.
- ACCEPTABLE USE POLICY OF OUR WEBSITE
By using the Websites, you agree to comply with these website guidelines (the “Website Guidelines”) and that:
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
- You will not spam or use the Websites to engage in any commercial activities. Spamming includes, but is not limited to: The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients; The sending of junk mail; and The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- You may not use any software tool for the purpose of extracting data from our website;
- You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website
- You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something, please let us know, and we’ll review it.
- Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
- The emailing of age inappropriate communications or content to anyone under the age of 18.
- USE OF YOUR EMAIL ADDRESS
- You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
- You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
- You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
The Websites and any email newsletter subscription are only available for individuals aged 16 years or older. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
- EARNINGS DISCLAIMER
When addressing financial matters in any of our websites, videos, newsletters, emails, programs or other content, we’ve taken every effort to ensure our content is accurate. However, the Company does not guarantee that you will get any results, improve your business, career or wellbeing, earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Websites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE HR MANAGEMENT APP AT YOUR SOLE RISK. By purchasing any HR Management App products, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results. You also understand that any testimonials or endorsements by our customers or audience represented on our websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
- INTELLECTUAL PROPERTY
The Websites contain material, such as articles, videos, graphics, photographs, software, text, images, sound recordings, and other material curated by or created for hrmanagementapp.com (collectively known as the Content). The Content may be owned by us or third parties. The Content is protected under both Australian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use.
5.1 Content Created for and Owned by the HR Management App:
This content has been created by, purchased by or licensed by MSA for use on our Websites. This content is known as “Our Content”.
- We will defend the intellectual property rights in connection with Our Content, including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software.
- Our Content shall remain the sole property of us and / or the Content provider. We will strongly protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of Our Content, in whole or in part.
- Subject to the other terms of this agreement, you may download or copy Our Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of Our Content.
5.2 Content curated by the HR Management App:
This Content has been curated and selected by the Editors at MSA to share with you, the visitor. This Content is known as “Third-Party Content”. We don’t claim to own this content or portray ourselves as the creators or copyright holders of it. We only want to share the value held within the Content with our visitors
Visitors to our websites may not:
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any Third-Party Content, in whole or in part.
- Subject to the other terms of this agreement, you may download or copy the Third-Party Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of the Third-Party Content.
We will make every reasonable effort to:
- Correctly attribute the Content to its creator and acknowledge them as the author, designer, creator, producer, artist.
- Include a biography about the creator of the third-party content where information is available
- Link back to the original source of the Third-Party Content and make this link visible and easily found by readers of the HR Management App.
- Publish the Third-Party Content in as accurate a way as possible to the original publication style, making no alterations or amendments and keeping all headlines, links and images intact and in context.
- To contact the creator/copyright holder of the Third-Party Content and request permission to re-publish their content on the HR Management App and hrmanagementapp.com.
- If the creator or copyright holder does not wish to have their Content republished on the HR Management App we will not publish the piece or if published, immediately take it down from our website.
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Please visit our Contact Page for contact details.
- COMMUNICATIONS WITH US
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
- NO WARRANTIES; LIMITATIONS OF LIABILITY
THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
- EXTERNAL SITES
The Websites will contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
- COMPLIANCE WITH APPLICABLE LAWS
The Websites are based in Australia. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Australia. If you access the Websites or the Content from outside of Australia, you do so at your own risk. Whether inside or outside of Australia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
This Agreement and any action related thereto will be governed by the laws of Australia without regard to its conflict of laws provisions.
- VARIATIONS TO THIS AGREEMENT
This Agreement, may be varied, altered, replaced or revoked by us at any time (Variations) without notice to you, if the Variation is likely to benefit you or have a minor or neutral detrimental impact on you or by giving you 21 days notice of the Variation prior to the date the Variation is to take effect, if the Variation could be reasonably expected to adversely affect you. We may provide such notice in writing, via email or by publishing a notice on our website.
- TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
- MAKING COMPLAINTS
If for any reason you are not completely happy with your experience or you have any complaints in connection with the Content on our Websites, you agree to immediately contact us first to resolve the complaint via the contact details available on our website at hrmanagementapp.com .When you contact us, tell us:
- exactly why you think we have failed;
- the date, if relevant, of the failure;
- when and how you discovered the failure;
- the result of the failure;
- your suggestion as to action we should take to resolve the situation and restore your faith in us.
We will handle your complaint in accordance with our complaints procedure. Information on our complaints procedure may be obtained by contacting us.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with Us,” “Making Complaints”, “Termination of the Agreement,” “Variations to this Agreement”, “Compliance with Applicable Laws,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.
By using our website you agree to have read and understood MSA’s Terms of Service, and you agree that they form part of the contract between us. If you are under the age of 16 years, you confirm that you have brought these terms and conditions to the notice of your parent or guardian, and that person has agreed that you may use our Website.
This Website is the property of Management Solutions Australia Pty Ltd © 2009-2017. All rights reserved. All third-party trademarks are property of their respective owners. The display of third-party trademarks should not be taken to imply any relationship or license between MSA and the owner of the trademark(s), or to imply that MSA endorses the goods, services, or business of the owner of the trademark(s). The entire content of this Website is copyrighted by MSA. Use of these trademarks and of the images and content on this website is prohibited unless otherwise authorized in writing by MSA.