Terms
Terms and Conditions (WEB SITE)
These terms and conditions apply to the use of this web site (including the purchase and/or download of human resources management materials (“HR materials”) over this web site).
In using this web site, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions.If you do not accept these terms and conditions, you must refrain from using this web site.
These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the purchase and/or downloading of HR materials over this web site.
Definitions
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Horizon Management Group Pty Ltd (ACN 094 352 753).
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Ordering Procedure
You may offer to purchase the HR materials described on this web site for the price specified on this web site. Your order must contain your name, email address, credit card details and any other ordering information specified on this web site.
Within seven days of receipt of your order, we will, at our discretion, accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejection your offer to purchase. If we reject your offer to purchase HR materials for any reason, neither of us will be under any further liability to the other arising out of you original offer of our non acceptance of that offer. If we have not responded to you within seven days, your offer will be deemed to be rejected.
We give no undertaking as to the availability of any products advertised on this web site.
Delivery of the HR materials to you will be effected in the manner described on this web site. Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the any goods passes to you upon dispatch.
Payment must be effected in the manner described on the web site. Prices are exclusive of goods and services tax (unless expressly stated otherwise). In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the HR materials.
The HR materials are offered for sale only to persons who can make legally binding contracts.
Cancellation due to error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of the goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
Disclaimer
The information contained within this web site AND/OR IN THE HR MATERIALS (“information”) is of a general nature only and is not intended to constitute advice.
We do not warrant or represent that the information is accurate, complete or suitable for your intended use. Subject to any terms implied by law, which cannot be excluded, we accept no liability for any loss or damage of any kind (including any loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage) incurred or suffered by you as a result of any inaccuracy, incompleteness or misrepresentation in any information.
We accept no liability, in any way, for any loss or damage of any kind (including any loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), arising from or in connection with your use of this web site, any linked web site or the HR materials.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any loss or damage which you may sustain as a result of such activity.
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Restricted Use of HR materials
You are only provided with access to this web site and may only use the Information and the HR materials (whether purchased or downloaded for no charge) for your own personal use or the internal use of your employer. Without limiting the foregoing, you may not, without our express written permission, on-sell or commercialise the whole or any part of any Information obtained from this web site or the HR materials.
Referrals
Any referrals to other service providers should not be construed as an endorsement, approval or recommendation by us of those service providers or any products or services provided by them.
Your obligations
You agree to use the HR materials for lawful purposes only. You must ensure that your access to or use of the HR materials is not illegal or prohibited by law. The HR materials are directed to, and available only for, Australian residents only.
You are responsible for ensuring that you have all necessary equipment (such as computer systems) to use the HR materials and that such equipment is functioning correctly and properly operated and maintained.
You must take your own precautions to ensure that the process which you employ for accessing or receiving the HR materials or this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your property. For the removal of doubt, we are not liable in any way for any loss, damage, cost, expense or liability of any kind, howsoever caused (including through our negligence), arising from or in connection with any interference or damage to your property which arises from or is in connection with your use of this web site, any linked web site or any HR materials.
Indemnity
You release and indemnify us, our officers, employees and agents from and against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising from or in connection with (a) a breach by you of these terms and conditions; (b) your unlawful or negligent act or omission or (c) your wilful misconduct.
Copyright
All copyright in the HR materials, the information and in this web site (including, but not limited to, text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party.
Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, you may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works from any part of the HR materials, the information or this web site; or (b) commercialise the whole or any part of the HR materials, the information or this web site, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade Marks
Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a trade mark or registered trade mark of its respective owner. The HORIZON device is a registered trade mark of PPA Consulting Pty Ltd (ACN 079 090 547) and used under licence by Horizon Management Group Pty Ltd.
If you use any trade marks owned or licensed by us in reference to our activities, products or services, you must include a statement attributing that trade mark to us or the respective owner. You must not use any of our trade marks: (a) in or as the whole or part of your own trade marks; (b) in connection with activities, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; (d) in a manner that disparages us or the HR materials, our products or services (including this web site).
Privacy Policy
Our privacy policy set out on this web site shall apply to you and your use of this web site.
Termination of Access
Access to this web site may be terminated, at any time, by us without notice. The disclaimer will nevertheless survive any such termination.
Governing Law
These terms and conditions are governed by the laws in force in the State of Victoria in the Commonwealth of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure on our part to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive, in whole or in part, any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions in which case the remainder of these terms and conditions shall nevertheless continue in full force.
Horizon Management Group Pty Ltd (ACN 094 352 753)