Terms and conditions

 

Welcome to https://contingent.com.au (our Website).

This Website provides an online education portal designed to assist those in the human resources space by providing tools for reward, recognition and remuneration strategies, offered by Pope & Co Consulting Pty Ltd t/a Contingent HR ACN 620 772 965 (Pope Consulting, Contingent, we, us).

These Terms and Conditions (Terms) govern your use of this Site, as well as Contingent’s products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Contingent at apope@contingent.com.au if you have any questions before purchasing our products or engaging our products and services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Our products and services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

1.     By accessing, downloading or using the products and products and services offered on our Site, whether or not you sign up as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2.     We may change all or part of these Terms at any time.  If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the product and services.

 

GENERAL DISCLAIMER

3.     All Contingent’s products and services available on this Website are intended for general education and information purposes only.  Should you require specific, bespoke HR assistance , please contact apope@contingent.com.au.  Nothing on this Website, or any of the content provided to you by us during our provision of the products and services, purports to offer legal, financial, tax or other professional advice.

4.     Any financial representations referenced by us on the Website, in our videos, forums or during the provision of our products and services are illustrative of concepts only and should not be considered as promises for actual or future performance.

5.    While Contingent provides the tools, strategies and guidance for you to set HR strategies and initiatives, the successful application of these tools and strategies is dependent on many factors such as subjective interpretation, participation and motivation.   You acknowledge and agree that Contingent, its directors, principals, employees and representatives are not responsible for decisions that you may make, nor any consequences, undesired or otherwise, that may flow from your implementation of the tools and strategies.

 

RESTRICTED USE

6.     Unless you register as a member of this Website, you are provided with access to this Website for your personal use only. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited elsewhere in these Terms. Without limiting the foregoing, you may not without our written permission on-sell any information or documents obtained from this Website.

 

MANNER OF USE

7.     You must not:

a.    use the Website in a manner that is unlawful, or violates these terms and conditions;

b.    use the Website in a manner that violates any rights that we have or that any other users of our Website have;

c.    disrupt, interfere with, reverse engineer or compromise the security of the Website or any servers, software or hardware connected to or used to provide the Website;

d.    restrict, inhibit or interfere with any other user’s use or enjoyment of the Website; or

e.    distribute or transmit any content or material which contains a virus or other harmful component.

 

SPECIFIC LIMITATIONS

8.     You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

9.     We do not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website and their servers are free of computer viruses, trojans, spyware and other harmful material.

10.     We do not warrant that we will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that we will give notice of such use, modification or alteration.

11.     To the maximum extent permitted by applicable law, the Website and its contents are provided on an “as is” basis without any warranties of any kind. We may change the Website or limit or terminate your access to the Website at any time without notice.

12.     To the maximum extent permitted by applicable law, we exclude all liability for any losses arising directly or indirectly from a failure to provide any document storage area, any other restricted area of this Website, any corruption or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members' obligations as set out in these Terms or any content transmitted by a non-member.

13.     Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement(s).

 

FINANCIAL TERMS

14.     Invoices for any products and services are automatically generated and can be requested at any time by emailing apope@contingent.com.au.

15.     Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

  1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

  2. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.  

16.     Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them. 

17.     We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.  

18.     We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you, at your cost.  

19.     We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

20.     In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

 

EXCLUSION OF LIABILITY

21.     We do not accept responsibility for, and exclude any liability for, any loss, damage, cost or expense however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website.

22.     In particular, we do not accept any responsibility or liability for any loss, damage, cost or expense that you may suffer or incur arising out of your use of or reliance on any documents or other information contained on or accessed through this Website.

23.     To the maximum extent permitted by law, any condition, guarantee or warranty which would otherwise be implied into these Terms is hereby excluded.

24.     These Terms do not attempt or purport to exclude liability arising under any condition, guarantee or warranty implied by applicable legislation if, and to the extent, such liability cannot be lawfully excluded.

25.     Where any legislation implies any condition, guarantee or warranty the applicability of which cannot be excluded or modified, that condition, guarantee or warranty will be included in these Terms. To the maximum extent permitted by such legislation, our liability for a breach of that condition, guarantee or warranty will be limited to supplying of our services again or the payment of the cost of having the services supplied again.

 

INDEMNITY

26.     As a condition of your use of the Website and in any documents or materials accessible through the Website, you agree to indemnify us, our related companies and our directors, officers, employees and agents against any liability, damage, loss or costs (including legal costs on a solicitor/own client basis) that any of those parties incurs or suffers as a result of any action, inaction or omission on your part relating to this Website.

 

COOKIES

27.     During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer.

 

HYPERLINKS

28.     The Website contains hyperlinks and other pointers to Internet websites operated, controlled or produced by third parties (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site.

29.     Any hyperlinks are provided solely for your convenience. You access any Linked Sites entirely at your own risk.

30.     We are not responsible for the content or privacy practices associated with Linked Sites.

31.     Our hyperlinking to Linked Sites is not, and should not be construed as, an endorsement, approval or recommendation by us of the owners or operators of those Linked Sites or of any information, graphics, materials, products or services referred to or contained on those Linked Sites.

 

INTELLECTUAL PROPERTY

32.     All documents, materials and other information displayed on the Website, including without limitation all information, text, photographs, plans, illustrations, artwork and other graphic materials, and advertisements (Website Content) are our property or the property of our licensors (which may include other users of our Website). The Website Content is protected by copyright, trade mark and other intellectual property laws.

33.     All Website Content may be downloaded, viewed and printed for your personal, non-commercial use provided that all Website Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Unless you are permitted to do so by any applicable Supplementary Terms, you must not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Website Content to any third party without our express prior written consent.

34.     Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right in, or assign all or part of, its intellectual property rights in the Website Content, without our express written permission or the express written permission of the owner of the relevant Website Content (as applicable).

 

SECURITY OF INFORMATION

35.     Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you provide to us.

36.     You agree that you will not share any password that we may provide to you, let anyone else access your account information, or do anything that might put the security of your account at risk. You are wholly responsible for all activities which occur under your password or account information. You must notify us immediately if you become aware of any unauthorised use of your password or account information. You must not permit your password or account information to be used by or transferred to any other person.  We reserve the right to suspend your account or remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Website.

 

MONITORING

37.     To the extent permitted by applicable law, we may monitor your access to, use of and other activities relating to the Website (including any documents you access in any document storage areas of our Website). We may prevent, hinder or interfere in any such matters but we do not make any representation or warranty that we will do so (whether if required by law or otherwise). You consent to any such monitoring and intervention subject to any rights you may have under applicable law.

 

PRIVACY POLICY

38.     All personal information that you supply in connection with the Website will be collected, used, disclosed and managed by us according to the terms of our Privacy Policy

39.     You consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy. You also agree to use the Website in accordance with any other policies that we publish on the Website from time to time.

 

SUSPENSION AND TERMINATION

40.     We may suspend your access to the Website and Materials at any time without notice if it is necessary to perform maintenance on the Website or related systems or to protect the safety or security of the Website, its users or us or to ensure the proper operation of the Website.

41.     We may terminate these Terms and your access to the Website and Website Content at any time without notice. In the event of termination you must immediately cease accessing and using the Website and Website Content and (at our option) return any hard copies of the Website Content to us or destroy any hard copies and any other electronic copies of the Website Content within your control or possession. All restrictions imposed on you and all disclaimers, indemnities and limitations of liability set out in the Terms will survive termination of your access to the Website.

 

COMPLIANCE WITH ALL APPLICABLE LAWS

42.     We make no representation that the contents of the Website comply with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

43.     You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you (and to your business, if applicable).

 

DISPUTE RESOLUTION

44.     Should a dispute arise between us, we strongly encourage you to contact Contingent at apope@contingent.com.au to seek a resolution.  Any reasonable requests will be considered and Contingent will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

GOVERNING LAW

45.     These Terms are governed by the laws in force in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New South Wales and of the Commonwealth of Australia in respect of any disputes arising under or by reference to these Terms or otherwise relating to the Website.

 

GENERAL

46.     We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

47.     If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

48.     These Terms are the entire agreement and understanding between you and us on everything connected with the subject matter of these Terms and supersede any prior agreement or understanding on anything connected with that subject matter.

49.     If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

50.     If any provision in these Terms is unenforceable, illegal or void or makes these Terms or any part of them unenforceable, illegal or void, then that provision is severed and the rest of these Terms remains in force. If any provision in these Terms is unenforceable, illegal or void in one jurisdiction but not in another jurisdiction or makes these Terms or any part of them unenforceable, illegal or void in one jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of these Terms in the jurisdiction where it is unenforceable, illegal or void.