Terms & Conditions

Outline

For the purpose of these terms and conditions, you acknowledge that they cover Platforms, products and services offered for sale and or otherwise provided by O’Connell Workplace Relations Pty Ltd (ABN 25 089 328 325) trading as fairly™ .

These terms and conditions govern your use and access to the fairly™ Platforms, including products and services accessible from the Platforms, and by using the Platforms you agree to the Platform access conditions. These terms and conditions may be changed, varied or modified at any time at our sole discretion and will accordingly be posted online at www.fairly.com.au or another relevant location and it is your responsibility to check periodically for any changes.

Your use and access to the Platforms will demonstrate your acceptance of the terms and conditions and by your compliance with them, you are granted personal, non-transferable, non-exclusive and limited privilege to use the Platforms.

Disclaimer

Through using the fairly™ Platforms, their products and its services, you are acknowledging that fairly™  provides ‘do it yourself’ services and general information only, not legal services, advice or information. You also acknowledge that fairly™  is not a law firm but remains a provider of general, non-specific information and services.  Accordingly, the information provided by the Platforms is for general information only and not intended as advice and must not be relied upon as such. fairly™  does not make any guarantee, representation or warrantee that content on its Platforms, including services, information and products, are reliable, accurate or complete. You agree that you will indemnify fairly™ for any cost, loss, liability or damage that you, your client or any other party suffers due to your choice in acting on the information provided by fairly™ Platforms, products and services however arising and whether for consequential loss or otherwise.

In purchasing fairly™ products and using the fairly™ Platforms for information, you accept that such services are designed to be used for broadly assisting employers wishing to do it themselves in addressing common employment circumstances and not for any unusual or special circumstances.  fairly™  strongly advises that you seek legal advice to determine whether your circumstances are common or special.

fairly™ does not and will not accept any responsibility for any losses incurred whatsoever as a direct or indirect result of the partial or complete use of the fairly™ Platforms, their products, information or services which may be used by you or any other party and our liability in any circumstances is limited to the cost of the purchase price of the product or other service, either by way of a refund or supply of a replacement product or service.

Intellectual property rights and trademarks

The content of fairly™ platforms, including its products, services and information is protected by our intellectual property rights and fairly™  is in ownership or is licenced to use these intellectual property rights over all materials, documents, forms, notes, news articles and any other services provided in connection with its products and services obtains through its Platforms. Accordingly, unless otherwise expressly set out, you acknowledge to having no right, title or interest in or right to use any of the content on fairly™ Platforms and agree that fairly™ grants you, as the customer, restricted licence to use or print its products and other information services for use within the ordinary course of your business and the services of your employees. The limited licence provided for your access and use of fairly™ products, services and information is restricted to the your legal entity and that of your employer and the licence cannot be assigned or otherwise transferred without our prior written consent.

The above means that unless expressly provided in these terms and conditions, no part of the Platforms, including fairly™ products, services and information, other than temporary cache copies held on your computer) can be stored, reproduced, copied, posted, reposted, transmitted, altered, republished, distributed, republished in any way to any other electronic medium, computer, platform, server, website or for any other commercial enterprise or use without our express prior written consent.

When accessing fairly™ products, services and information from its Platforms, including those accessible by downloading, you agree to comply with the following conditions:

  • not remove any proprietary notice;
  • use only within the ordinary course of your own business and concerning your own employees and contractors only;
  • not provide to any third party.

Failure to comply strictly with these conditions or with other fairly™intellectual property rights by reproducing, copying, distributing or republishing will constitute grounds for the enforcement of our rights to protect our property and the seeking of damages. fairly™ will strictly enforce these rights.

The trademark fairly™ and all other trademarks and logos displayed on fairly™ Platforms are registered and unregistered trademarks of fairly™. Nothing contained on the Platforms should be construed as granting a licence or right to use any trademark displayed on the Platforms without the written permission of fairly™ or the third party owner, as applicable. Your misuse of the trademarks displayed on the fairly™ Platforms, or any other content on the Platforms, is strictly prohibited.

If you wish to send us notification of a copyright or trademark infringement, please send details identifying your copyright protected work or trademark over which you own rights and specify details of the infringement together with your contact details.

Updating Products and Services

fairly™ products and services are as described at the date of your purchase. fairly™ reserves the right to update or change these products at any time and any changes will be effective immediately.

Authorised user

You acknowledge you agree to be bound by the terms and conditions of fairly™ when accessing our Platforms and if doing so on behalf of an employer, warrant this is done in an authorised manner with the power and authority to bind your employer. You agree to keep your user name and password that you use to log into the fairly™ Platform confidential and not to pass these onto others.

No Refunds

Other than provided by Australian Consumer Laws, sales of products and services purchased from fairly™  are on a non-refund basis and strictly final. Please take the time to ensure that the description of the product or service is suitable for your intended purpose before purchasing.

Privacy

Please refer to our separate Privacy Policy.

Service Availability and Security

You acknowledge that fairly™ is not and will not be responsible for any interruptions or delays that may occur during its provision of products, information and services to you. fairly™ will not have any liability to you or any other party for delay or failure to deliver its products, information or services to you.

GST

All fees and charges stipulated on fairly™ ‘s Platforms are inclusive of GST at the current rate. GST derives its meaning from the A New Tax System (Goods and Services Tax) Act 1999 and any relevant rulings issued by the Australian Commissioner of Taxation. You acknowledge that this rate may be increased subsequent to any increase in the rate of GST.

Enforcement of rights

fairly™ will strictly enforce the rights and obligations set out in these terms and conditions which are governed by the State of New South Wales. You agree to irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.

Should any provision in these terms and conditions be deemed illegal, invalid or otherwise unenforceable, the offending provision must be read down to the extent necessary to make it legal, valid and enforceable.