Privacy policy

Terms and Conditions

1. What this agreement is about?

This agreement describes how the User may use The HR Start Up Co’s templates.

In this agreement,  “Templates" refers to the HR templates and any "Services" rendered.

"Services" refers to the provision of the Templates and any other services provided by the Provider in accordance with these Terms of Use, together with the characteristics and features as described at www.thehrstartupco.com.au from time to time. The User understands and agrees that it cannot use a Service unless it is licensed by the Provider to use and has paid the applicable fee to use Templates.

“Delegated” Users are not a party to the agreement but are provided with access with the Users consent, such access can only be provided to enhance the performance of the Services and reasonable enjoyment of the User for the purpose of lawful, legitimate use of the software and the facilitation of the Services. The Provider can withdraw access to any Delegated Users at any time should the use of delegation not align with the purpose of the agreement.

The Provider may change the terms and conditions of this agreement, and its privacy policy, at any time. The Provider will make reasonable efforts to communicate any changes to the User via a notification in Templates, or by sending an email to the User, but it is up to the User to ensure that it regularly checks, reads, understands and agrees to the most recent version of this agreement, and the Provider's privacy policy, as it will be deemed to accept all changes if the User continues to access and use Templates.

2. Who is this agreement between?

This agreement is between:

"the User"- the person or organisation authorised to use Templates.

"the Provider"- The HR Start Up Co, ABN 12962140694, and whose office is situated at 7a Shirley Crescent, West Beach, 5024.

By entering into this agreement, both the User and the Provider agree to be bound by its terms.

3. How the User accepts this agreement, and when this agreement starts

The User accepts the terms and conditions of this agreement upon payment.

This agreement will continue until terminated in accordance with clause 16 below.

If the User is not willing to accept these terms and conditions and therefore decides not to enter into this agreement, it should contact the Provider and is not permitted to use Templates or any of the Services.

Software Product

4. The User's rights to use Templates and its obligations

If the User accepts this agreement and pays the relevant fees, then the Provider gives to the User the right to use Templates in the way described in this agreement, and in accordance with any administrative messages, sales support literature, and other information from the Provider. The User must not use Templates in any other way.

The User shall only use Templates for internal business management, health and safety and HR purposes, and shall input its own employee data information in order to assist it in managing that information. It is also authorised to allow its own employees, or Delegated user to input their own information.

Templates enables the User to submit content which is then stored in a document library which they can access through their account by logging in. The User retains ownership of any Intellectual Property Rights that it holds in that content. However, access to this information is dependent upon the User complying with these terms and conditions, and ensuring that the applicable fee has been paid in full. The Provider will use all reasonable endeavours to implement technical and appropriate security measures to protect the information from loss or damage.

The User cannot transfer its rights under this agreement to use Templates (or any of the Services) to any other person or organisation.

The User must comply with all applicable laws in respect of its use of Templates, and the User must also ensure that the content of any data, however inputted into Templates does not, and will not, result in any injury, damage or harm to the Provider or any third party (including, without limitation, defamation or breach of confidentiality). Such content must not contain anything which is unlawful, obscene, indecent or immoral or which promotes or condones any illegal or unlawful activities. It is also a condition of use that the User does not upload content (for example music or videos) for which it does not hold the copyright.

The User acknowledges that although the Provider forms part of a group of companies whose core business is the offering of professional HR and Health and Safety advice, Templates are not a substitute for seeking any employment law or health and safety advice.

5. Setting up a Templates account

The Provider will give the User its sign-in details to enable it to download and use Templates (the “sign-in information”) as soon as the User has registered with the Provider and has accepted these terms and conditions of use. The User is not required to create a log in, however, the creation of an account will allow all purchased templates to be stored on the account document library.

6. Use of Templates

The User is solely responsible for obtaining and maintaining its internet and network connections and any associated connectivity problems are its own responsibility.

The Provider will take reasonable steps to make sure that Templates are free from viruses but it cannot guarantee this. The Provider recommends that the User operates with its own virus-protection software as the Provider cannot be held responsible for any loss or damage caused by any viruses or other harmful technology that may infect the User's computer systems, data or other material owned by it.

The Provider cannot guarantee that Templates will be compatible with the User's web browser or computer set-up or that the User's access to Templates will be uninterrupted or error free (as this may on occasions be beyond the Provider's control).

The User is responsible for controlling access to its own Templates account. The User should not allow anyone else to use its sign in information and the User should also change its password at regular intervals.

From time to time the Provider may temporarily suspend access to Templates for maintenance, repairs or other reasons. The Provider will try to do this outside normal business hours and provide the User with notice in advance but this might not always be possible.

7. Fees 

Fees for using Templates are set out in the contract, signed when the User agreed to purchase the Services or accepted by the User at point of purchase.

All amounts payable under these terms and conditions are exclusive of GST unless stated otherwise. In respect of any taxable supply, the Customer must pay to the Provider an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as the fee payable.

All fees must be paid in full, without set off or counterclaim.

8. Indemnity

The User shall indemnify and hold harmless the Provider from and against all Claims and Losses arising from (a) a breach of any part of this Agreement which results in loss, damage, liability, injury to the Provider and/or its employees, consultants, or other representatives and third parties, (b) infringement of third party Intellectual Property Rights or third party losses by reason or arising out of the User's access and use of Templates outside of that expressly permitted by this Agreement, or (c) any information or other materials supplied to the Provider by the User within or outside the scope of this Agreement. "Claims" shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise) and "Losses" shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.

9. Restrictions on The User's use of Templates

The User must not introduce any viruses or harmful technology to Templates.

Except as expressly permitted in this agreement, the User must not give anyone else any right (of any kind) to use or benefit from Templates in any way, or provide Templates to others, unless others are entitled to use Templates within the User's business and are added to Templates as a user of the Service. The User can provide delegated access to group companies of the Provider. The User is responsible, without limitation, for the actions of the authorised users and will use all endeavours to ensure those with authorised access comply with the terms and conditions. The User will indemnify the Provider against any and all claims, or loss, arising from delegated access, with the exception of when it’s delegated to a Group employee.

The User must not make any use of the Services which damages or is likely to damage the Provider's business or reputation, the availability or integrity of Templates, or which causes or threatens to cause the Provider to incur any legal, tax or regulatory liability.

10. Support

The Provider aims to provide the User with 24-hour support 7 days a week through the self-help tools (although there may be times where the Provider is unable to do so for reasons outside its control). The Provider will also provide support by email. Please note, emails will be responded to as soon as practically possible. In the event that the Provider is required to access the User's system to provide such support the User duly authorises such access.

The Provider reserves the right to change how it provides support to the User (and if any applicable charges will become payable) by posting a notification on Templates or emailing the User with details of the changes. The Provider will aim to give the User as much advance notice as possible of these changes.

The Provider will not at any time however, give the User technical support or other assistance for any hardware, third-party software or other equipment issue on which Templates have been installed.

11. Intellectual Property Rights

Although the User has the right to use Templates as described in clause 4, the User, and any Delegated Users, will not own any of the Intellectual Property Rights in Templates. The Provider (or the third party from whom the Provider obtains the rights if the Provider is not the owner) will continue to own the Intellectual Property Rights in Templates, including any software the Provider provides to replace all or part of Templates. The only rights the User will have to Templates are as set out in this agreement.

The Provider (or its licensors) owns the rights to Templates and any related logos or images. By allowing the User to use Templates, the Provider does not give the User ownership of any of those rights, logos or images.

The User undertakes not to use the Providers name or brand in any promotion or marketing or announcement without its prior written consent.

12. Obligations on The Provider

(a) Whilst the Provider aims to provide uninterrupted use of Templates, this cannot be guaranteed. The Provider will not be responsible for any failure to perform its obligations under this agreement, in the event that it is prevented from providing a continuous service due to circumstances beyond its control. Wherever possible, the Provider will provide an advance warning notification on Templates or by email of any known or planned interruptions and the Provider will use its best endeavours to keep any interruption to as short as possible.

(b) The Provider gives no warranties to the User in respect of the following matters:

  1. That Templates will meet the User's own needs;

  2. That the User will be able to use Templates in any particular way;

  3. That the User will get particular outputs from Templates;

  4. That the standard of the results the User derives from using Templates will meet a particular standard; or

  5. that, where the User uses the Provider's technical support services, the Provider will be able to correct or remedy the User's particular problem

(c) The User cannot rely on any statement or representation made by any party prior to the registration of the User as a user of Templates.

(d) The Provider agrees that it will use its reasonable skill and care to provide the Services to the User under this agreement.

13. Providers’ Responsibilities

(a) The Provider’s liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with this agreement will be limited to an amount equal to the total of all fees paid or payable by the User for its use of Templates.

(b) The Provider will not be responsible, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise for any of the following (even if the Provider knew or should have known there was a possibility the User could suffer or incur such loss or damage):

  1. Loss of profit;

  2. Loss of business or revenue;

  3. Depletion of goodwill or similar losses;

  4. Loss of use or loss of or damage to data/information inputted by the User into Templates;

  5. Any interruption to the User's business or damage to information, however that interruption or damage is caused;

  6. Any loss or damage which the Provider could not have reasonably foreseen at the time the User entered into this agreement including, without limitation, any special, indirect or consequential loss or damage.

(c) Nothing in this agreement will exclude or limit the liability of either the User or the Provider in respect of:

  1. Fraud

  2. Death of or personal injury to any person as a result of negligence

  3. Any other matter which cannot be excluded or limited under applicable law including the Australian Consumer Law.

14. Force Majeure

Neither party shall be liable for any default arising due to act of God, war, any industrial action including strike and lockout, fire, flood, drought, tempest or other natural disaster, or any other event beyond either party's reasonable control.

15. Termination

The Provider shall have the right to terminate the agreement at any time, with immediate effect for whatever reason.

No matter how this agreement ends, the information the User stores in Templates remains the User's information and the User can access it in a format provided by Templates before the end of the agreement. After this agreement ends, the information the User may have stored in Templates will be retained for a period of 6 years.

16. Miscellaneous

If any provision of this Agreement is held illegal or unenforceable such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this agreement remain legal and enforceable, the remainder of this agreement shall remain operative and binding on the Parties

If the User or the Provider fails to, or delays in, exercising any rights under this agreement, that will not mean that those rights cannot be exercised in the future.

This agreement and the documents the Provider refers to above (including the contract for those users who use Templates by virtue of that written contract) constitute is the entire agreement between the User and the Provider for use of Templates, and replaces all documents, information and other communications (whether spoken or written) between them for such use.

This agreement is personal to the User and may not be transferred, assigned, subcontracted, licensed, charged or otherwise dealt with or disposed of (whether in whole or in part) by the User without the Provider's prior written consent. The Provider may transfer, assign, subcontract, license, charge or otherwise deal with or dispose of (whether in whole or in part) this agreement at any time without the User's consent.

A person who is not a party to this agreement has no right to enforce any term of it.

Where either party is required to notify the other party by email, the party shall be deemed to have received the email on the first business day following transmission.

17. Which laws govern this agreement?

This agreement (and all non-contractual claims and disputes) is governed by the laws of South Australia and the User and the Provider both agree that the courts of South Australia shall be the only courts competent to decide disputes in relation to this agreement.

18. Privacy

The User acknowledges and agrees that:

(a) In providing the Services, the Provider will be required to collect Personal Information from the User.

(b) In collecting such Personal Information, the Provider shall comply with the Privacy Laws and shall deal with such Personal Information in the manner set out in the relevant Privacy Policy.

(c ) In collecting such Personal Information, the Provider shall be operating only as the processor of personal data, rather than as the controller of the personal data of the User.

19. Direct Marketing to Users

By signing up to use Templates, the User agrees that the HR Start Up Co may use or process a User's personal information to contact them via email, telephone or mobile phone about products and service offerings that may be of interest to them. The HR Start Up Co will not do this if the User does not consent for the HR Start Up Co to do so. If the User decides that they do not want to receive communication from the HR Start Up Co the User may (i) unsubscribe from the HR Start Up Co communication at any time; or (ii) contact the HR Start Up Co on the details listed as “Contact Us”.

20. Definitions

Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).


Confidential Information means all information provided by one party to the other in connection with these terms and conditions where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding information that enters the public domain or is disclosed to a party by a third party, other than through a breach of these terms and conditions.

Corporations Act means the Corporations Act 2001 (Cth). GST means the tax payable on taxable supplies under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Insolvency Event means in relation to a natural person, that person becoming an insolvent under administration as that term is defined in the Corporations Act. In relation to a body corporate, that body corporate being deregistered, suffering the appointment of a controller over any of its assets, suffering the appointment of a provisional liquidator, (except to reconstruct or amalgamate while solvent) or becoming a Chapter 5 body corporate as that term is defined in the Corporations Act; or anything analogous or having a substantially similar effect to the events specified in the paragraphs above occurs in relation to a party.

Property Rights means any and all, current and future, intellectual and industrial, property rights and interests, including any: patents, trademarks, service marks, rights in designs, trade names, copyrights, topography rights, utility models, eligible layout rights, inventions, discoveries, trade secrets, Confidential Information, know-how, software and improvements, and any applications, or rights to apply, for registration of any of them; rights under licenses and consents in relation to any of them; and other forms of protection of a similar nature or having equivalent or similar effect to any of them, in Australia and in the world, whether registered or unregistered, for the duration of the rights and interests.

Personal Information has the meaning as defined in the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Laws means any Laws relating to privacy or requiring secrecy or confidentiality in dealing with information, including:

  1. any laws relating to the protection of Personal Information; and

  2. the Privacy Act and the Australian Privacy Principles established under the Privacy Act.

21. Disclaimer

The templates are provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies the User may have under applicable law, the HR Start Up Co, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. The HR Start Up Co does not warrant that the User’s use of the Service will be uninterrupted or error-free. The HR Start Up Co does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss.