Welcome to Personnel Manager. Personnel Manager is online workforce planning software available on a software-as-a-service basis at http://personnelmanager.com.au/.
We provide and maintain the Personnel Manager Platform but do not provide, and are not responsible for, any person’s provision of any of the labour hire or labour services managed via the Platform.
The following definitions apply:
You agree and acknowledge that the accessibility and usability of the Platform is highly dependent on the proper function of the internet and any other telecommunications networks and infrastructure upon which the Platform operates, interfaces with or connect to.
Certain sections of the Platform are accessible to Partners or Users only. Only Partners and Users who have Platform Accounts may access the Platform Services. You may obtain a Platform Account by either registering on the Platform via your Partner, or by signing a Partner Application Form (if you wish to become a Partner) under which we agree to provide you with a Partner Platform Account.
We reserve the right to accept or reject any person’s registration on the Platform in our absolute discretion.
If you submit an application to register on the Platform, you:
If any of your contact details or other information which you provide during the application process and/or during the Term change, you must promptly amend those details in your Platform Account with your updated details and information with your updated details and information.
You must not provide your Platform Account name or the password for your Platform Account to any person (other than to your Partner, if you are a User). You agree and acknowledge that you shall be solely responsible for the confidentiality of your username and password and any use of your Platform Account (including unauthorised use). You must immediately notify your Partner and/or us if you become aware of any unauthorised use of your and/or another User’s Platform Account and/or unauthorised disclosure of your and/or another User’s Platform Account details.
You agree and acknowledge that if you become a Partner or a User you will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description.
Each Partner must pay the fees and charges set out in the Partner Application Form (or as otherwise agreed between us and the Partner in writing) (“Service Charges”) at the time and in the manner set out in the Partner Application Form, plus any applicable GST. Any applicable GST is payable at the same time as the Service Charges.
If the Platform Services Description specifies a minimum term (“Term”), if you are a Partner you cannot cancel your Agreement with us prior to the expiry of the Term. If the Partner Application Form specifies a minimum subscription term and you are a User, your subscription to the Platform cannot be cancelled prior to the expiry of that minimum subscription term.
Any services that you wish to engage us to provide such as rate configuration and consulting services, and any other ad hoc services, will be charged in accordance with the rates as specified in the pricing sheet within the Partner Application Form and must be paid within 7 days of invoice.
We own all intellectual property rights in all and any customisations, integrations, configurations and other output of any services that we provide for you and you hereby irrevocably assign to us all intellectual property rights that you may have therein.
If you are a Partner, you must pay all costs associated with you and your Users’ access to the Platform, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and Service Charges. In some cases, the Platform may interface with Third Party Tools that may incur additional costs such as voice/video calls, SMS and pre-authorisation of charges through credit cards or direct debits. If you are a Partner, you are responsible for all such additional costs incurred by you and your Users. Payments made by credit cards may incur a higher fee than direct debit payments.
If you are a Partner or User, as between you and us, you own all data that you upload into the Platform Services (“Data”). You agree and acknowledge that we may not own or operate the infrastructure upon which the Platform Services and/or the Data is hosted. You consent to our engagement of hosting providers that are located overseas to perform services on our behalf and to our disclosure and storing of your Data to them. If we choose to do so, you agree that subclause 8.1 of the Australian Privacy Principles will not apply to the disclosure.
If you are a Partner or User, you warrant, agree and represent that:
If you are a Partner or a User, you license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Data on the Platform as required by us to provide the Platform Services.
Each Partner is solely responsible for the accuracy, legality and quality of all its Data and its Users’ Data and for obtaining any permissions, licenses, rights and authorisations necessary for us to use, host, transmit, store and disclose all such Data in connection with the provision of the Platform Services.
You agree that we are not responsible for any unauthorised disclosure and/or use, loss, corruption or hacking of any Data, except to the extent that we cannot lawfully exclude that liability.
You indemnify us in respect of any loss and damage (including any penalties or fines) that we or any of our suppliers incur in respect of any claim that any of your Data (and/or your Users’ Data, if you are a Partner) infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, legislation, guideline, direction, statute, code or standard.
We do not represent, recommend or endorse any website to which we have linked from the Platform via hyperlink or otherwise.
We may from time to time release patches, updates, workarounds and/or corrections for any Platform faults, bugs or errors. We may also release versions, updates and/or upgrades of the Platform from time to time, which will include software modules, additional products and offerings, enhanced features, modifications, additions or substitutions, as part of a beta release of the Platform or any part of it (“Beta Release”). You hereby expressly agree and acknowledge that each Beta Release is released for testing only and is likely to have numerous defects, bugs and errors. You acknowledge that no version of the Platform is likely to be error-free. You agree that you will not hold us responsible for the consequences of any defects, bugs and errors in any Beta Release, including any defects, bugs or errors that result in loss or corruption of data, or any miscalculations or inaccurate reports of any kind. To the extent permitted by law, we will not be liable for any damage arising from the use or non-use of any Beta Release.
You are solely responsible for your Platform Account details (such as your username and password), and for maintaining the security thereof. We are not responsible for any breaches, claims, damages or losses that you may suffer by reason of any unauthorised use of your Platform Account details by any third party.
Each Partner and User must comply with the WHS Law and all applicable laws, including any applicable employment, industrial relations, taxation, privacy and occupational health and safety laws in connection with its use of the Platform and the performance of any services managed through the Platform. We are not responsible for your compliance or non-compliance with any WHS Law. You must indemnify us from and against any loss or damage that we incur as a result of your failure to comply with WHS Law or other applicable law. This indemnity must be complied with within 7 days of demand by us at any time.
You agree that:
(collectively, our Acceptable Use Policy).
All content on the Platform, including but not limited to text, graphics, sounds, videos, and logos is protected by trade mark, service mark, copyright, patent, trade secret, or by other law, and between you and us, is our sole and exclusive intellectual property (other than with respect to your data). In addition, all software, source code or object code in the Platform is, as between you and us, our exclusive intellectual property.
You agree that any Intellectual Property Rights in any comments that you may provide to us in connection with the Platform or requests for new Platform features (each, an “Improvement Suggestion”) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to the Platform or otherwise disclosing the Improvement Suggestion to us, and you hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to us effective as soon as you provide each Improvement Suggestion to us or upload or post an Improvement Suggestion to the Platform including, as applicable, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by us and any third party we authorise, of all Moral Rights that you may have in any Improvement Suggestions.
We are not a party to any transaction for the supply of goods or services advertised by any User of the Platform. Before entering into any transaction with any other User of the Platform, you should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
Any dispute you have with another user of the Platform is between you and the other user. You release us from any claims that you may otherwise have against us in relation to any conduct of any user of the Platform and in respect of any content uploaded or transmitted by, or on behalf of, any user into the Platform.
We check content entered into, or uploaded into, the Platform from time to time, but we may not review or moderate all or any content. If we become aware of content that breaches our Acceptable Use Policy, we will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If you become aware of any content that you think breaches the Acceptable Use Policy, please contact us.
If you use the Platform in connection with third party software, applications, products and platforms (“Third Party Tools”), you indemnify us from and against any loss and/or damage that we may incur as a result of your use thereof and/or the interfacing of the Third Party Tools with our Platform, and:
Except where we otherwise expressly specify in writing to the contrary, you agree that the providers of Third Party Tools are not our partners, co-joint venturers, representatives or agents and any link to any Third Party Tool from the Platform and/or interfacing and/or integration of the Platform with a Third Party Tool does not imply that we are affiliated with, or sponsor, endorse or approve the Third Party Tool and/or its provider.
You agree and acknowledge that you are solely responsible for and you must indemnify us in respect of any loss and damage that we may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
Except in respect of any non-excludable guarantees implied by the Australian Consumer Law, we do not represent that the information and content displayed on the Platform is accurate, correct, up-to-date or error free. The information and content on the Platform do not constitute professional advice. You agree that you will seek all appropriate financial, legal and other advice as applicable, and verify any reports or other information provided by the Platform, before relying on any information you obtain from the Platform.
Except in respect of our breach of any non-excludable guarantees implied by the Australian Consumer Law or any other applicable law, you and us are not liable to each other for any indirect, special or consequential loss or damage incurred by the other, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
Except in respect of our breach of any non-excludable guarantees implied by the Australian Consumer Law or any other applicable law, to the maximum extent permitted by law (and if permitted by law), we will not have any liability to you for any loss or damage howsoever arising in relation to your use or inability to use the Platform.
If the goods or services supplied by us to you are supplied to you in your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended you will have the benefit of certain non-excludable guarantees in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section 64A of the Australian Consumer Law, we limit our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by us to you, in respect of each of the goods and services, at our option, to one or more of the following:
Any warranty against defects provided by us to you in your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
We may take down the Platform or take the Platform or any part of it offline at any time without notice where reasonably necessary to protect our legitimate commercial interests.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any notice issued to you from us or from us to you shall be in writing and sent by hand delivery, post or email. Where sent from us to you, we shall use your contact details for your account.
You may contact us or send a notice to us using our contact details that are specified on our website at http://personnelmanager.com.au/.
If you are a User, we may issue notices to you by sending them to your Partner.
Any notice issued by hand shall be deemed delivered upon delivery.
Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 15 Business Days after posting if posted internationally. Any notice issued by email shall be deemed delivered when the email is sent. We may send you email or other electronic messages concerning your account and the Platform from time to time.
The Platform is only available to persons who are able to enter into legally binding contracts.
No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.