Online terms and conditions (Businessary Unit Trust)
1. General terms
Businessary Unit Trust Pty Ltd, trading as Businessary is a consulting group that offers various online and onsite HR solutions to Clients as requested by the Client.
These Terms and Conditions govern the relationship between the Businessary Pty Ltd and its Clients each time services are provided to a Client. The Client agrees to be bound by these Terms of Business by accepting the proposal provided (Agreement) or making an online purchase for the provision of human resource and business consulting services.
In these Terms, the following words where prefixed by a capital letter shall have the following meanings
(a) HR toolkits and Self-serve Modules means the human resource service defined in clause 2;
(b) HR Fundamentals toolkits means the online document library provided as part of the HR toolkit;
(c) Businessary Member means a person, firm or business who are signed up and whose subscription of the HR modules is active;
(d) Documents means the documents found in the HR toolkit Library whether supplied as part of the HR Fundamentals or for sale individually;
(e) E-Commerce Services means the services available through the Website by which amounts payable to us may be paid to us by online credit card transaction and E-Commerce Process shall mean the process by which those services are provided;
(f) Subscription Fee means the annual price paid for membership of the Businessary as advertised from time to time;
(g) Terms means these terms and conditions;
(h) Website means the website found at the url businessary.com.au and includes such other websites operated by us.
1.2. Exclusion of liability
1.2.1 Whilst we have made every effort to ensure that this website provides accurate information, the website is provided on an “as is” basis and the information provided is for general guidance only and does not constitute advice of any kind.
1.2.2 We make no representations or warranties of any kind with respect to this website or its contents. In particular, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this website. The information contained in this site may contain technical inaccuracies, typographical errors or may be out of date. Our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
1.2.3 Neither we, nor any of our Directors, shareholders, or employees shall be liable for loss or damage arising out of or in connection with the use of the online tools, HR modules, website or reliance on its contents. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
1.2.4 Notwithstanding this, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
1.3. Intellectual property
1.3.1 We are the proprietor of the Businessary trademark used on this website and get-up and you may not use it without our express permission.
1.3.2 We are also the owner or the licensee of the copyright in this website, its contents and images and no part of this website may be reproduced without our express permission or the permission of the copyright holder.
1.4 Terms and conditions
1.4.1 These Terms are an agreement between you and Businessary Unit Trust and apply to:
(a) Subscription of Businessary toolkits or modules;
(b) The individual purchase of Documents from our Website;
(c) Consultancy Services.
1.4.2. These terms may be varied at any time by giving one week’s notice of the change on the Website.
2. About Businessary
2.1 Businessary solutions
2.1.1 Businessary is a human resource service with various levels of solutions, some online and some including advisory support. The solutions can be divided into the following groupings:
(a) Online HR toolkits;
(b) Self-serve HR modules;
(c) HR packages – specifically bronze, silver, gold and platinum;
(d) HR and Business consulting
2.1.2 The levels of subscriptions, the Fee for each level of subscriptions and the benefits applying to each level of toolkits, modules or subscriptions shall be as advertised on the Website or provided in a specific scope document.
2.1.3 For HR packages and modules which include HR advisory services these shall be defined as personalised HR advice and total hours used will be communicated with you on a monthly basis. Examples of what constitute HR advisory support are detailed in our scoping documents provided. In the event that not all generalist consultancy hours have been used then additional advisory hours can be purchased at hourly or hourly package rates advertised on the website.
2.1.4 We may alter the levels of offering, the Fees for each offering, and the benefits applying to each level of offering in our sole discretion by giving you no less than one month’s notice to expire on the 12 month anniversary of the commencement of your subscription.
2.1.5 We reserve the right to refuse subscription to Businessary. Your Subscription Fee gives you access to the HR modules purchased for one (1) calendar year. You may renew your subscription after one calendar year at the Subscription Fee advertised on the Website. If your subscription is not renewed then your access will be removed on the anniversary of your purchase.
2.2. About the Businessary Modules and Toolkits
2.2.1 The Businessary Modules and Toolkits are an online library of human resource documents and templates provided by us.
2.2.2 By becoming a Businessary Member you get a limited license to download all the Documents contained within the Businessary Library whilst you remain a Businessary Member for the price of your Membership Fee.
2.2.3 For non-Businessary Members, you may also purchase individual Documents at the price advertised for each Document on the Website.
2.2.4 Your license to use our Documents is subject to the restrictions contained in clause 2.3.6.
2.2.5 Our aim is to provide an uninterrupted online resource accessible at all times of the day. However we will not be liable if the Businessary Library becomes unavailable due to a technical fault or any other reason.
2.3. Our Documents
2.3.1 Whilst great care has been taken to ensure the accuracy and the suitability of all the Documents they are not a substitute for HR or legal advice and should only be used for general guidance. The information provided is based upon Australia law and best practice applicable at the time of drafting or creation. If you are unsure about how to complete or use a Document then you should consult us for advice using our consultancy service
2.3.2 We do not guarantee that any particular Document will be available in the Businessary Library.
2.3.3 We do not accept any liability, whether direct or indirect, for any loss, damage or expense (including loss of profit) occasioned through the use of our Documents, or any breach by us of these terms.
2.3.4 The conditions, warranties and guarantees set out in the Australian Consumer Law (ACL, 2011), or implied by common law are excluded to the fullest extent permitted by law.
2.3.5 All our Documents are our copyright. Your purchase of our Documents allows you to adapt such Documents strictly for your own business use on an as required basis.
2.3.6 You are strictly prohibited from:
(a) forwarding our Documents in whatever form to another person, firm or business for their use;
(b) sharing your username and password to the Businessary Library with another person, firm or business so that they can take advantage of the service provided by the Businessary Library without paying for it;
(c) reproducing the Documents in any form whatsoever except for the purposes provided for in clause 4.5 above; and
(d) using or adapting the Documents for on-sale to another person, firm or business.
4.7 If you wish to use the Documents for any of the purposes stated in clause 4.6 above you must first obtain our consent.
2.4. HR advisory support
2.4.1 This clause applies where your membership of the Businessary provides for HR advisory support.
2.4.2 HR Advisory Support is a service provided by us which allows personalised advice for the purpose of resolving an HR issue or issues of a general nature.
2.4.3 It shall be in our sole discretion to decide what is included in the package and what is defined as HR Advisory support. We reserve the right to charge you separately for exceeding the included HR advisory support hours in your module or package. Where this occurs we will give you advance notice of our intention to charge and such charges shall be at rates advised to you at the time and in accordance with the rates published on our website.
2.5 The advice we provide
2.5.1 Where we provide advice as part of your module or package or consultancy, it is our professional duty to give your affairs proper care, skill and attention.
2.5.2 Our Guarantee: Where any advice we provide is incorrect (not arising as a result of any breach by you of clauses 2.5.3 and 2.5.4), we agree to take such reasonable steps to remedy or mitigate that advice at our own expense. Otherwise, we make no guarantee that any advice we give you will exclude the possibility of a personal grievance being raised by one of your employees.
2.5.3 Full Disclosure: We will throughout the handling of your matter rely on you to supply in a timely manner all information needed to act on your behalf and to tell us promptly of any relevant change in circumstances. We will not check the accuracy of such information unless it is specifically agreed in writing that we are to do so.
2.5.4 If you hold information back from us it hinders our ability to assist you and we cannot be held responsible for any non‐disclosure. If you are in doubt whether any information is relevant then it is best to discuss it with us.
2.5.5 Confidentiality: We have a duty to keep all the information you tell us confidential from other parties unless we have your instructions to disclose it. Otherwise, only staff who we employ have access to your files and they are under similar duty of confidentiality.
3. Online solutions and E-commerce
3.1. Australian website
3.1.1 This is an Australian website and is targeted at Australian employers and employees. This website legislation content is relevant for use in Australia. If you do not intend to use this information in Australia then do so at your own risk. In listing your place of residence and delivery address in our online form, you are representing to us that you are a resident of Australia. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.
3.1.2 These Terms are subject to Australian law and you irrevocably accept the jurisdiction of the Australian Courts.
3.2 Payment online
3.2.1 Payment of the following services can be made online in advance through the Website using our E-commerce Services:
(a) Self-serve module subscriptions;
(b) The purchase of individual Documents.
(c) Payment of the monthly subscription services as detailed on our website.
3.2.2 You agree not to use our E-Commerce Services for any improper, injurious, offensive or unlawful purpose.
3.2.3 In using our E-Commerce Services, you represent and warrant that you are over 18 and have legal capacity to contract in Australia. If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of our E-Commerce Services.
3.2.4 Upon completing a transaction using our E-Commerce Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. You should print the transaction confirmation for future reference and your files. We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of our control.
3.2.5 Suspension of service: We shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all E-Commerce Services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
3.2.6 Refunds: A refund will only be provided when it has been proven that there has been an overpayment. When applying for a refund you must provide us with proof of the overpayment. If your refund request is accepted, the refund will be transferred back to the originating credit card or held to your credit against future transactions. No cash refunds will be given.
3.3.7 Security: Our E-Commerce Services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website (including credit card information) may be read or intercepted by others, even where a Website is stated as being secure. Neither we nor Stripe shall have any liability for the interception or ‘hacking’ of data through the Website by unauthorised third parties.
3.3. Payment of consultancy fees
3.3.1 Unless we quote you for a fixed fee or advise you of a specific rate, we will charge for consultancy work on the basis of our hourly rate (plus GST where applicable) as advertised on the Website.
3.3.2 There are two levels of consultancy fee, HR Manager and Director. The decision about whether work carried out falls into the category of HR manager or Director is at the discretion of the company, however, we shall endeavour to advise you at the commencement of any job which category we consider the work to fall into. The website details examples of the kind of work which falls into each category.
3.3.3 Normally, we aim to absorb all personal disbursements (e.g. telephone, faxes, postages, copying etc) within our hourly rate or fixed fee. However, occasionally substantial disbursements are incurred on your behalf which will be charged in addition (e.g. flights, accommodation etc). We will let you know when this happens.
3.3.4 We will invoice you periodically, at agreed milestones, or at the conclusion of an instruction for the work which we carry out.
3.3.5 Payment of our invoices shall be made within 14 days by direct credit to our nominated bank account.
3.3.6 Late payment of invoices shall attract interest at the rate of 10% p.a. calculated on a daily basis. We reserve the right to terminate or suspend work in the event that an invoice remains unpaid.
3.3.7 Where our invoices are not paid within 30 days of the due date, we reserve the right to engage a debt collection agency to recover those fees from you and you shall be liable for any collection costs, legal costs, or other costs incurred in addition to interest and the invoice amount.
3.4.1 Termination of membership of the Businessary by us: We reserve the right to terminate your subscription with Businessary without any obligation upon our part to provide a full or partial refund of your Subscription Fee in any of the following circumstances:
(a) you fail to pay your Subscription Fees;
(b) you fail to pay any other fees or costs payable to us within the time stipulated in any invoice to you;
(c) you breach these Terms;
(d) you suffer any act of insolvency.
3.4.2 Termination of membership of Businessary by you: You may terminate your membership of the Businessary by giving not less than 1 months’ notice of termination which shall be deemed to expire on the next anniversary of the commencement of your membership (”the Termination Date”). You shall be liable for all Membership Fees up until the Termination Date.
3.4.3 Where your level of membership of the Businessary requires that you pay a monthly Membership Fee and you cease paying your monthly Membership Fee prior to the Termination Date or without giving proper notice of termination, you shall be liable for the yearly cost of access to the Subscription. We shall credit any monthly payments made by you during your current membership year in reduction of your liability under this clause.
3.4.4 Termination of consultancy work: We have the right to cease work immediately by giving you written notice at your last known address if:
(a) any invoice remains unpaid after the stated payment date;
(b) you fail without reasonable cause to give us instructions for a period of one month where instructions are required or requested;
(c) you fail to make a material disclosure of a matter relevant to your case.
3.4.5 We also have the right to cease work in any other situation where we have good cause and give you reasonable notice.
3.4.6 You may terminate our instructions in writing at any time in which case all fees owing to us become immediately payable.
3.5.2 You agree that we may use your personal information to advise you of our services and product offers and send you our newsletter. You may unsubscribe from our newsletter or any of our email communication at any time.
3.5.5 Your use of our E-Commerce Services means that you agree to provide information through electronic means. This means you agree to provide any relevant information in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.
3.6. Limitation of Liability
3.6.1 We cannot warrant that the E-Commerce Process, and/or your use of our E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce Services are available at all times, subject to maintenance.
3.6.2 We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.
3.6.3 Subject to any rights which you may have under the Australian Consumer Law (2011), except as expressly prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where we have been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, we are found to be liable to you for any damage or loss which arises as a result of your use of the Website or the E-Commerce Services, our liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the ACL 2011 is excluded to the fullest extent permitted by law.
14 Law and jurisdiction
14.1 These terms shall be governed by Australia law and you irrevocably accept the jurisdiction of the Australia courts. All transactions which occur through our E-Commerce Process shall be deemed to occur in Australia.