Important Note
Please read the following carefully before using this website (the "Website"). If you use the Website or the Service (defined below), you have agreed to be bound by the terms governing their use.
Terms of Use
This website (the "Website") and the Service is owned and operated by Employment Management Systems Pty Limited ABN 52 076 549 945 ("EMS"). Your access to the Website and your use of the Service is subject to the following terms and conditions, the privacy statement, and other statements appearing on the Website, any of which EMS may vary or add to by publishing revised terms on the Website (all such terms and conditions and statements as varied or added to being collectively called the "Terms"). You will not be separately notified, and any use of the Service by you thereafter will be taken as your acceptance of the variations or additions. These Terms agreement constituted by your acceptance of the Terms is a binding agreement between you and EMS referred to as ("this agreement").
The Service
The Service is This agreement relates to an internet-based service using a server and other equipment owned or operated by EMS (the "Server") which permits recruitment suppliers, payroll companies and businesses to select, monitor and control permanent, temporary, full-time, part-time and casual employees (the "Service"). The Service is a proprietary product protected by Australian and international patent, trade mark, copyright, business and other laws.
Intellectual Property
All information, text, material, graphics, software, content and other material located on or accessible through the Website ("Content") are proprietary to and the copyright of EMS or its suppliers and licensors, and are protected by Australian and international copyright and trade mark laws. EMS is the owner of all copyright in the Content, including in any software, programs or code used by EMS through or in connection with the Website. You do not obtain any proprietary or other interest in the Website or the Content by reason of EMS granting the licences and permissions set out in these Terms. You must comply with all copyright notices, restrictions and warnings contained in or attached to any Content. EMS reserves all of its rights in connection with the Content.
EMS Trade Marks and Logos
The EMS trade mark and logo (the "Marks"), are all the exclusive property of EMS., as well as The "Get-Up" of the Website, including the look and feel of, and the layout, colour combinations and graphical elements used in, the Website are also proprietary to EMS. (the "Marks"), are all the exclusive property of EMS. Nothing contained in the Website should be construed as granting a licence or right to use the Marks for any purpose except as authorised by these Terms without the express written permission of EMS.
Permitted Use
EMS grants you a non-exclusive licence to: (a) view and use the Content for your personal use; (b) post information on the Website; and (c) copy or print, but in plain text only, such items of Content (and only those items) which expressly permit copying or printing. If EMS removes items of Content from the Website, all licences granted to you in relation to the removed Content are automatically terminated. You should therefore review the Website regularly for changes.
Restrictions on Use
Except as set out above you must not: (a) copy or otherwise reproduce, republish, distribute, create derivative works of, sell, transfer, upload, display, transmit, compile, or collect in a database, or in any way commercially exploit any part of the Contents; or (b) reverse assemble, decompile, reverse engineer, or attempt to derive source code, the underlying ideas, algorithms, structure or organisation of any software on or accessible through the Website.
Acceptable Use of Website
By using the Service and the Website, you agree that you will always act properly and responsibly, respecting the rights and legitimate interests of EMS and other users of the Service and the Website. This includes: (a) complying fully with all applicable laws and regulations; (b) using the Website and the Service only for their intended purpose and in a manner which allows other users to obtain their full benefit; (c) respecting the conventions of internet usage; and (d) acting ethically and in accordance with accepted community standards.
It follows that any unacceptable use of the Website or the Service is forbidden prohibited and a breach of these Terms. Without limiting the concept of unacceptable use, examples are: (a) use which is in breach of any law or regulation, or infringes the copyright, trade mark or other intellectual property rights of EMS or any third party; (b) use which violates the privacy or other rights of any person or which constitutes misrepresentation, harassment or electronic stalking; (c) the posting or transmission of any threatening, abusive, defamatory, offensive or obscene material; (d) the posting or transmission of any material which contains corrupted files, viruses or other harmful components, or programs or material which may damage the operation of another's computer; (e) modifying, damaging or destroying files, data, passwords or resources of EMS or any third party; (f) the posting or transmission of material for commercial purposes or which contains advertising or promotional material; (g) any misleading or deceptive conduct or the impersonation of other users or other persons; (h) the unauthorised transmission of confidential information or trade secrets; (i) downloading any file posted by any other user which you know, or reasonably should know, that this is illegal or prohibited; and (j) deletion or falsification of legal notices, proprietary designations, author attributions and labels.
Monitoring Usage
EMS may from time to time monitor your use of the Website and the Service to determine whether your use is in accordance with these Terms, but has no obligation to do so, and has no responsibility for the content of material posted by you. EMS may in its discretion edit, refuse to post, or remove any information or material which in its opinion is not in compliance with these Terms, and may, whether or not it takes any such steps, notify and provide information regarding you and your use of the Website and the Service to regulatory or enforcement authorities in any jurisdiction and co-operate fully with them.
User Licence to EMS
By posting messages, uploading files, inputting data, or in any other way communicating through or using the Website, you grant EMS a world-wide, perpetual, non-exclusive, royalty-free licence to use, copy, adapt, redistribute, publicly display, publish, create derivative works of, or sell any such material, and to sublicense it to any third party on such terms as EMS thinks fit. This grant of licence includes the right to exploit all proprietary rights in that material (including copyright, and trade mark, service mark and patent rights) without fee or compensation, and you must at the request and cost of EMS do all things, and execute and deliver all instruments, required to give full effect to this licence.
Third-party Websites
The Website has links to other websites not owned by or under the control of EMS, and EMS is not responsible for any such other website or for any link to or with it, or for the contents, or changes in or updates to the contents of such website. The existence of any such link does not imply EMS's endorsement of that other website or anything appearing on it. It is solely your responsibility to ensure that such other website is suitable for your purposes and is free of any defect or harmful component.
User's Obligations and Acknowledgments
You must: (a) keep secure any password allocated to you to upload data to the Server; (b) conduct on a regular basis tests and virus scanning as may be necessary to ensure that data uploaded by you onto the Server or downloaded by you from the Server does not contain any virus or harmful component and will not corrupt or otherwise damage the computer systems or data of any other person; and (c) maintain adequate computer hardware and software to allow the Website to facilitate your access to, and the correct functioning of, the Website.
You acknowledge that: (a) you have sole responsibility for all information, data and other material provided by you in your use of the Service; (b) EMS does not vet or approve any information or data provided by any user and accordingly does not accept any liability in relation to it; and (c) subject only to what is set out under the heading "Limitation of Liability" below, your use of the Website and the Service is entirely at your own risk
User's Warranties and Indemnity
By using the Website and the Service, you warrant and represent to EMS (which is deemed to be repeated with each use by you of the Website or the Service and which in each such case is for the benefit of EMS and each of its suppliers and licensors) that: (a) you do not rely on any representation made by EMS which is not expressly set out in the Website, or on any statement or description of or specification for the Service contained in any other document (including any demonstration or publicity material produced by EMS); and (b) each use by you of the Website or the Service will be in full compliance with the obligations, warranties, representations, acknowledgments binding upon you under or as referred to in these Terms.
You agree to indemnify EMS and each of the officers, employees, agents, contractors, suppliers and licensors (collectively "Affiliates") of EMS in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms, or any other default or wrongful conduct in relation to the subject matter of these Terms, on the part of you or any of your Affiliates.
Limitation of Liability
The Trade Practices Act and similar State legislation may confer rights and remedies on you in relation to the provision of goods and services by EMS which cannot be excluded, restricted or modified. Subject only to those rights and remedies, and except to the extent expressly set out in these Terms, EMS excludes all conditions and warranties implied by statutory or the general law or by custom.
In particular, the Website and the Service are provided "as is" as a generally available service, and EMS disclaims all implied warranties as to merchantability or fitness for a particular purpose, including any warranty that the Service will meet your requirements, that the functions contained in any Content or your access to the Website or the Service will be uninterrupted or error-free, that any defects will be corrected, that the server which stores and transmits Content to you are free of viruses or other harmful components, or as to any linked websites, or as to the correctness, timeliness, completeness, reliability of any Content.
To the fullest extent permitted by law, EMS's liability for breach of any implied warranty or condition which cannot be excluded is limited (at EMS's option in each case) as follows: (a) in the case of services, the resupply of those services or the payment of the cost of their resupply; and (b) in the case of goods, the replacement or supply of equivalent goods, the payment of the replacement or supply, the repair of the goods or the payment of the cost of their repair.
In no circumstances (including where EMS is in breach or default) is EMS to be liable for any indirect, incidental, special or consequential damages, or loss of profits or opportunity, which may result from anything done or omitted in relation to the Website, the Service or these Terms, including any breach or default on the part of EMS.
Maintenance of Service and Backup
EMS will perform scheduled maintenance to the Server from time to time and will attempt to schedule maintenance at times which will minimise disruption, balancing the needs of the users. If scheduled maintenance requires the Service to be off-line, EMS will post details to the Website home page at least 24 hours in advance. If unscheduled maintenance requires the Service to be off-line for more than 10 minutes, EMS will post details of the maintenance to the Website home page after it is completed.
EMS may from time to time without notice to you suspend the Website or the Service or deny you access to them if any failure or other event occurs which in EMS's opinion makes this step necessary or desirable to protect the Website or the Service or where your continued use of the Website or the Service (either alone or together with other users) may have the effect of jeopardising the Website or the Service.
You will remain liable for all charges due to EMS during any period of maintenance or suspension.
EMS will use reasonable efforts to archive your data onto backup mechanisms on a regular basis and retain the media off-site. However, EMS does not guarantee that it will be able to retrieve the most recent version of your data, or that it will be complete and free of fault or corruption. EMS accepts no responsibility for any loss or damage you may suffer in connection with the Website not being accessible or useable at a particular time, or for any loss of information or data which may occur as a result.
Payment
You must pay for the Service in the amount agreed from time to time in 7 days. The fee includes GST but excludes all government taxes and charges, and any registration charges imposed by domain name authorities. You must pay all such taxes and charges, and any installation or other costs needed to enable you to access the Website and the Service.
You must pay all amounts billed as follows:
If you do not pay any amount when due, you must pay interest at the rate of 10% per annum until payment without limiting EMS's rights in the event of non-payment, EMS may charge interest on any amount not paid in accordance with this agreement at a rate of 1.9% per calendar month calculated on a daily basis and payable on demand. You acknowledge and agree that this rate and the amount chargeable represent the minimum loss and liquidated damages which will be sustained by EMS in the event of non-payment in accordance with the terms of this agreement.
EMS reserves the right to withdraw access to the system in the event of overdue payments.
You consent to EMS obtaining a report from a credit reporting agency containing personal information about you and your officers and employees as well as information concerning commercial creditworthiness for the purpose of assessing any application for credit or for the purpose of facilitating collection of overdue payments.
Termination
Either party may terminate this agreement at any time by giving notice in writing to the other within 14 days. Termination does not affect any accrued rights or obligations of either party, including EMS's right to receive any monies from you which are due and owing, and the provisions of these Terms which expressly or by implication continue after survive termination. On termination, however occurring, EMS may delete all of your data from any storage media, and may but is not obliged to retain any of your archived material.
EMS may also immediately terminate this agreement if you materially breach any of these Terms.
Miscellaneous
You agree that: (a) notices given by a party must be in writing or recordable in writing and may be given by email, by personal delivery, by fax or by prepaid post at the respective current address of the recipient; (b) if a provision of these Terms is found to be invalid or unenforceable, the remainder continues in full force and effect; (c) this agreement is governed by and is to be interpreted in accordance with the law of and applicable to the State of New South Wales, and you unconditionally submit to the jurisdiction of the courts of that State and courts hearing appeals from them; (d) no amendment of any of these Terms is valid unless agreed in writing, or in the case of EMS, unless posted to the Website by EMS, and no waiver is valid unless given in writing by the waiving party; (e) this agreement is personal to you, and you have no interest in it which is capable of being assigned, transferred or otherwise dealt with; (f) you must pay any stamp duty, transaction taxes or like imposts payable in respect of this agreement; and (g) any fees charged are exclusive of goods and services tax, which will be added to EMS's invoice (which will qualify as a tax invoice) and which you must pay.
Interpretation
In these Terms: (a) the word "you" and "your" means the user of the Website or the Service, and if that person is an incorporeal entity (including a body corporate, body politic, partnership, association, statutory authority or government department) then the obligations of this agreement apply to and bind each officer, employee and agent of the entity, so far as applicable to such individual, as if they contracted with EMS in their own name, and so as to bind the entity, even if the individual was in any matter or respect acting fraudulently, dishonestly or outside the scope of their authority; (b) the word "includes" or "including" indicates examples, but is not a word of limitation, and stated examples do not imply a restriction to a particular class or category; (c) the word "person" includes an incorporeal entity of the kind referred to above; (d) a word indicating a gender includes the others; (e) the singular includes plural and vice versa; and (f) ignore headings in interpretation.
