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Terms & Conditions

Conditions of Sale

These terms & conditions disclose the basis on which The HR Investigator® provides its online products and services to you either by a one-time purchase of a document or a subscription. You must read these terms and conditions before using the online products and services. By clicking a purchase or free download mechanism (eg. a checkbox or button) you accept and are bound by these terms and conditions. This agreement will continue for the term that The HR Investigator® provides the online products and services to you, other than for certain obligations outlined below which survive beyond the term of this agreement.

The HR Investigator® may change these terms and conditions from time to time. In the case of the purchase of a subscription, these changes will be effective upon the next renewal period. Your continued use of the secure platform (“Platform”) and/or the online products and services following such renewal will represent an agreement by you to be bound by the terms and conditions as amended. In the case of a one-time purchase of products or services, the terms and conditions at the time of purchase will apply.

Delivery Timeframes

Downloadable products (Kits, Manuals, Guides, Templates etc.)

  • Credit Card – Upon full and successful payment being received by The HR Investigator®, instant access to downloadable product(s) will be available via the downloads page
  • PayPal – Upon full and successful payment being received in The HR Investigator® PayPal account, instant access to downloadable the product(s) will be available via the downloads page
  • Direct Deposit – Upon full payment being received in The HR Investigator® bank account, access to downloadable the product(s) will be available via the downloads page within 3 working days
  • Cheque – Upon receiving your cheque and the funds being deposited, cleared and available in The HR Investigator® bank account, access to downloadable the product(s) will be available via the downloads page within 3 working days

Webinars

  • Credit Card – Upon full and successful payment being received by The HR Investigator®, you will be provided with webinar access details within 1 working week of the webinar
  • PayPal – Upon full and successful payment being received in The HR Investigator® PayPal account, you will be provided with webinar access details within 1 working week of the webinar
  • Direct Deposit – Upon full payment being received in The HR Investigator® bank account, you will be provided with webinar access details within 1 working week of the webinar
  • Cheque – Upon receiving your cheque and the funds being deposited, cleared and available in The HR Investigator® bank account, you will be provided with webinar access details within 1 working week of the webinar

DVDs

Please allow up to 4 working days from notification of your order being dispatched, for your items to be delivered

  • Credit Card – Upon full and successful payment being received by The HR Investigator®, your DVD(s) will be dispatched within 3 working days via Australia Post
  • PayPal – Upon full and successful payment being received in The HR Investigator® PayPal account, your DVD(s) will be dispatched within 3 working days via Australia Post
  • Direct Deposit – Upon full payment being received in The HR Investigator® bank account, your DVD(s) will be dispatched within 3 working days via Australia Post
  • Cheque – Upon receiving your cheque and the funds being deposited, cleared and available in The HR Investigator® bank account, your DVD(s) will be dispatched within 3 working days via Australia Post

Disclaimer

In using the Platform and the online products and services, you acknowledge that The HR Investigator® is an information service provider and not a law firm.  The HR Investigator® provides information and advice, but does not provide legal advice.  You will not rely on your use of this website as a substitute for legal advice.  The HR Investigator® will use all reasonable commercial care and attention to provide the online products and services in the manner described in the Website (www.hrinvestigator.com.au) (“Website”) and the Platform and to ensure that all relevant material is compliant with Australian Commonwealth legislation.  However, The HR Investigator® cannot guarantee that all material is compliant with all applicable State and Commonwealth legislation.

In providing the online products and services to you, The HR Investigator® will rely on the information provided by you. You acknowledge that the content of the documents created using the online products and services will depend on the answers you provide to questions during the intelligent document creation procedures and that documents created using the online products and services are intended for use in ordinary situations only and are not appropriate for use in special or unusual circumstances. If you are unsure whether certain circumstances are special or unusual, The HR Investigator® recommends that you seek legal advice. The HR Investigator® does not make any representation concerning, nor warrant the accuracy, adequacy or completeness of, the information provided on the Platform or through the online products and services. The HR Investigator® does not accept any responsibility whatsoever for any losses suffered as a result of reliance, either wholly or in part, by you or any other party upon the accuracy or currency of any content contained on the Platform or otherwise provided by The HR Investigator® products and/or services.

Authorised User

You acknowledge that you are entering into these terms and conditions on behalf of yourself and other registered users. You represent and warrant that you are authorised to use the Platform and the online products and services and that you have capacity to be bound by these terms and conditions. You further represent and warrant to us that you are duly authorised and have the power and authority to bind the other registered users. If you are entering into these terms and conditions on behalf of your employer, you represent and warrant to us that you are duly authorised and have the power and authority to bind your employer. You agree to keep your username and the password that you use to log into the Platform confidential and to ensure that all registered users are aware of these subscription terms and conditions.

Online Products and Services

The online products and services provided by The HR Investigator® are as outlined on the Website and the Platform at the date of purchase. As part of The HR Investigator’s® continual development program, the online products and services may change from time to time. The HR Investigator® reserves the right to change these online products and services from time to time. These changes will be effective immediately upon notification on the Platform.

Service Availability and Security

All The HR Investigator® servers are managed in a secure environment. However, from time to time, delays or interruptions may occur in The HR Investigator® providing the online products and services to you. You acknowledge that The HR Investigator® will not be responsible for any such delay or interruptions and that The HR Investigator® will not have any liability to you for any failure or delay in delivering the online products or services to you.

Subscriptions, Fees and Payment

The HR Investigator® online products and services are provided on the basis of a one-time purchase or a subscription for a defined period which commences on the day you make your first subscription payment and continues until you elect not to renew your subscription at its next renewal date or The HR Investigator® terminates your subscription. In the case of an annual subscription, The HR Investigator® will contact you at least 30 days prior to each subscription renewal date in order to confirm that you wish to renew your subscription.

For payments made by credit card, you authorise The HR Investigator® to process payments to that credit card for all subscription charges including renewals, unless you cancel your subscription with effect from the next renewal date.

The HR Investigator® may provide a monthly payment plan for certain online products and services subject to an annual subscription. Monthly charges will be processed to your nominated credit card and you will remain liable for all charges for the full period of the annual subscription.

Charges for support and help desk services, where levied, will be processed to your credit card at completion of the service. Each enquiry will be individually quoted and in accepting the quote you are agreeing to pay the charges when processed.

GST

All fees and charges disclosed on the Platform are inclusive of GST at the current rate and may be increased as a result of any changes in the rate of GST. GST has the meaning used in the A New Tax System (Goods and Services Tax) Act 1999 and any applicable rulings issued by the Australian Commissioner of Taxation.

No Refund

The HR Investigator® reserves the right to terminate your subscription at any time for non-payment of any subscription invoice or for breach of any of these terms and conditions. If your subscription is terminated, or you choose to stop using your subscription, the following will apply:

  • If payment for an entire subscription period has been received in full, The HR Investigator® will be under no obligation to refund any part, or all, of the fees paid for the subscription; and
  • If payment for the entire subscription period or any support invoice has not been received in full, you remain liable and responsible to pay your then current subscription in full.

Privacy

In providing the online products and services to you, The HR Investigator® undertakes to comply with the terms of its Privacy Policy.

Your information

All documents, forms and other information created by you through the use of the online products and services are maintained on secure servers. The HR Investigator® and its suppliers will take all reasonable steps to maintain the confidentiality of, and restrict access to, this information and will not disclose any of this information to anyone unless required to do so by law. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst The HR Investigator® strives to protect such information, The HR Investigator® does not warrant, and cannot ensure, the security of any information that you transmit to The HR Investigator® and any information which you transmit to us is therefore transmitted at your own risk.

Subject to the intellectual property attributable to the underlying forms, documents, agreements, templates, notes and alerts, the information provided by you will remain your property and all copies of your information will be deleted from the The HR Investigator® servers within 30 days of your subscription terminating. You should make yourself aware of your legal obligations in respect of retention periods for business documents.

Intellectual Property

The HR Investigator® either owns or is licensed to use the intellectual property rights, including the copyright, in the The HR Investigator® online products and services and all associated materials, including without limitation, all forms, documents, agreements, templates, notes and alerts or materials produced in connection with the online products and services, before or during the term of your subscription, and any material, methodologies, software, know-how or procedures notified or provided to you.

The HR Investigator® grants you a restricted licence to use and print the forms, documents, agreements, templates, notes and alerts available as part of the online products and services and created through the use of those products and services within the ordinary course of your business and in respect of your employees only. You may not provide the materials or any part thereof to any third party. This restriction is strictly enforced and security systems are in place to protect against unauthorised use of The HR Investigator® materials.

Any infringement of The HR Investigator’s® intellectual property rights including, but not limited to, the copying, reproduction or distribution of The HR Investigator®’s information or software outside of the terms of the restricted licence granted above, will constitute grounds for immediate termination of your subscription in addition to any other action The HR Investigator® may take to protect its rights.

No Warranty

To the full extent permitted by law, The HR Investigator® excludes any and all express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness, fitness for purpose or otherwise of any information or advice contained in the forms, documents, agreements, templates, notes and alerts or associated materials produced in connection with the online products and services. Where legislation implies any condition or warranty, and that legislation prohibits The HR Investigator® from excluding or modifying the application of, or The HR Investigator’s® liability under, any such condition or warranty, that condition or warranty will be deemed included but The HR Investigator’s® liability will be limited for a breach of that condition or warranty to one or more of the following:

(a) if the breach relates to goods

(i) the replacement of the goods or the supply of equivalent goods

(ii) the repair of such goods

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services,

(i) the supplying of the services again, or

(ii) the payment of the cost of having the services supplied again.

Indemnity

You indemnify and will keep indemnified, defend and hold The HR Investigator® harmless from and against any and all liabilities, claims, costs, damages, expenses and losses (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceedings by any third party or you, which is related to, or arises out of, or is in any way associated with, your use of the The HR Investigator® online products and services including, but not limited to, any documents, forms or other materials created through the use of the online products and services, or which arise through your breach of these terms and conditions.

Limitation of Liability

To the full extent permitted by law, The HR Investigator® will not be liable, either wholly or in part, to you for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Platform or of the The HR Investigator® online products and services, nor does The HR Investigator® accept any responsibility whatsoever for any such loss arising out of your use of, or reliance upon, any information contained on, or accessed through, the Platform or through the online products and services.

Delivery Timeframes

 

Miscellaneous

These terms and conditions are governed by the laws of the State of Queensland. Both parties irrevocably submit to the exclusive jurisdiction of the Courts of Queensland.

The HR Investigator® will provide the online products and services to you as an independent contractor. No other relationship can be implied.

The license to use the online products and services is restricted to the legal entity entering into this agreement. You cannot assign or otherwise transfer the benefit of your subscription without The HR Investigator’s® prior written consent.

The HR Investigator® may pay commissions to any agent, reseller or distributor who introduces you to the online products and services.

The waiver by any party of a breach of any of these terms and conditions shall not be construed as a waiver of any succeeding breach or as a waiver of the term or condition itself.

The failure of a party, at any time, to require performance by the other party of any provision shall not affect that party’s right to require such performance at any time in the future.

If any provision of these terms and conditions is found to be illegal, wholly or partly invalid or otherwise unenforceable then, from the date of the invalidity, illegality or unenforceability if the offending provision can be read down to make it legal, valid and enforceable without materially changing its effect, it must be read down to the extent necessary to achieve that result and otherwise the offending provision must be severed from these terms and conditions and the remaining provisions shall operate as if the severed provision had not been included.