Terms & Conditions for EAP Subscriptions

These terms and conditions disclose the basis on which BetterHR provides its online products and services to you. You must read these terms and conditions before using the online products and services. By clicking the Agreement checkbox you accept and are bound by these terms and conditions. This agreement will continue for the term that BetterHR provides the online products and services to you, other than for certain obligations outlined below which survive beyond the term of this agreement.

BetterHR is a registered trading name of Workforce Guardian ABN 80 122 113 624.

BetterHR may change these terms and conditions from time to time. These changes will be effective upon the next renewal period. Your continued use of the secure platform (“Platform”) and/or the online products and services following such renewal will represent an agreement by you to be bound by the terms and conditions as amended.

Annual Subscription / Cancellation Policy
BetterHR EAP subscription service is provided on an annual subscription basis which commences on the day you make your first subscription payment and continues until you elect not to renew your subscription at its next renewal date or BetterHR terminates your subscription.

Your 12 months subscription will automatically renew for a further 12 months period on the same terms, unless you advise us prior to the renewal date that you do not wish to renew.

Cancellation requests must be received by BetterHR before the annual renewal date. All cancellation requests must be submitted in writing (Contact Us).

Third-Party Provider

BetterHR EAP subscription service is provided by Altius Group.

Altius Group is an expert in providing tailored, end to end solutions across workplace health, wellbeing, employment, risk and claims support services to enable organisations and their people to optimise their physical, mental and social health.

Further information about the features and benefits of Altius Group products and services is available online at: https://altius-group.com.au/our-services

Reasonable Usage Policy
In purchasing any BetterHR product or service, you agree to comply with our Reasonable Usage Policy.

Our Reasonable Usage Policy aims to:

• ensure that all customers have fair access and availability to our products and services, and
• protect BetterHR from any misuse or abuse deemed unreasonable or excessive by BetterHR.

BetterHR reserves the right to charge you for any misuse or abuse deemed by BetterHR to be unreasonable or excessive. This includes, but is not limited to:

• unreasonable or excessive mass downloads of BetterHR intellectual property
• sharing BetterHR intellectual property with parties who have not purchased the rights to their use

Disclaimer
BetterHR provides legal information. In using the Platform and the online products and services, you acknowledge that BetterHR is an information service provider not a law firm and it does not provide legal advice. BetterHR will use all reasonable commercial care and attention to provide the online products and services in the manner described in the Website (workforceguardian.com.au) (“Website”) and the Platform and to ensure that all relevant material is compliant with Australian Federal legislation. However, BetterHR cannot guarantee that the material is compliant with all applicable State and Federal legislation. In providing the online products and services to you, BetterHR will rely on the information provided by you. You acknowledge that the content of the documents created using the online products and services will depend on the answers you provide to questions during the intelligent document creation procedures and that documents created using the online products and services are intended for use in ordinary situations only and are not appropriate for use in special or unusual circumstances. If you are unsure whether certain circumstances are special or unusual BetterHR recommends that you seek legal advice. BetterHR does not make any representation concerning, nor warrant the accuracy, adequacy or completeness of the information provided on the Platform or through the online products and services. BetterHR does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Platform.

Authorised User
You acknowledge that you are entering into these terms and conditions on behalf of yourself and up to 10 other registered users. You represent and warrant that you are authorised to use the Platform and the online products and services and that you have capacity to be bound by these terms and conditions. You further represent and warrant to us that you are duly authorised and have the power and authority to bind the other registered users. If you are entering into these terms and conditions on behalf of your employer you represent and warrant to us that you are duly authorised and have the power and authority to bind your employer. You agree to keep your username and the password that you use to log into the Platform confidential and to ensure that all registered users are aware of these subscription terms and conditions.

Online Products and Services
The online products and services provided by BetterHR are as outlined on the Website and the Platform at the date of purchase. As part of BetterHR‘s continual development program, the online products and services may change from time to time. BetterHR reserves the right to change these online products and services from time to time. These changes will be effective immediately upon notification on the Platform.

Service Availability and Security
All BetterHR servers are managed in a secure environment. However, from time to time, delays or interruptions may occur in BetterHR providing the online products and services to you. You acknowledge that BetterHR will not be responsible for any such delay or interruptions and that BetterHR will not have any liability to you for any failure or delay in delivering the online products or services to you.

Subscriptions, Fees, Payment and Renewals
BetterHR online products and services are provided on the basis of an annual subscription which commences on the day you make your first subscription payment and continues until you elect not to renew your subscription at its next renewal date or Better HR terminates your subscription. Your 12 months subscription will automatically renew for a further 12 months period on the same terms, unless you advise us prior to the renewal date that you do not wish to renew. Cancellation requests must be received by Better HR before the annual renewal date. All cancellation requests must be submitted in writing (Contact Us).

For payments made by credit card, you authorise Better HR to process payments to that credit card for all subscription charges including renewals, unless you cancel your subscription with effect from the next renewal date.

Subscribers who pay by credit card or direct debit are required to ensure their details, including card numbers, email address, and phone number, are up to date at all times (Contact Us). Failure to maintain up to date records, or failure to respond to requests for updates information, do not constitute valid notice of cancellation under these terms and conditions.

Better HR may provide a monthly payment plan for certain online products and services. Monthly charges will be processed to your nominated credit card and you will remain liable for all charges for the full period of the annual subscription.

Charges for support and help desk services, where levied, will be processed to your credit card at completion of the service. Each enquiry will be individually quoted and in accepting the quote you are agreeing to pay the charges when processed.

GST
All fees and charges disclosed on the Platform are inclusive of GST at the current rate and may be increased as a result of any changes in the rate of GST. GST has the meaning used in the A New Tax System (Goods and Services Tax) Act 1999 and any applicable rulings issued by the Commissioner of Taxation.

No refund
BetterHR reserves the right to terminate your subscription at any time for non-payment of any subscription invoice or for breach of any of these terms and conditions. If your subscription is terminated or you choose to stop using your subscription, the following will apply:

• if payment for the entire annual subscription period has been received in full, BetterHR will be under no obligation to refund any part, or all, of the fees paid for the subscription; and
• if payment for the entire annual subscription period or any support invoice has not been received in full, you remain liable and responsible to pay your then current subscription in full.

Your information
All documents, forms and other information created by you through the use of the online products and services is maintained on secure servers. BetterHR and its suppliers will take all reasonable steps to maintain the confidentiality of and restrict access to this information and will not disclose any of this information to anyone unless required to do so by law. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst BetterHR strives to protect such information, BetterHR does not warrant and cannot ensure the security of any information that you transmit to BetterHR and any information which you transmit to us is transmitted at your own risk.

Subject to the intellectual property attributable to the underlying forms, documents, agreements, templates, notes and alerts, the information provided by you will remain your property and all copies of your information may be deleted from the BetterHR servers within 30 days of your subscription terminating. You should make yourself aware of your legal obligations in respect of retention periods for business documents. If you wish to download copies of this information you must advise BetterHR in writing before the termination of your subscription.

Intellectual Property
BetterHR either owns or is licensed to use the intellectual property rights, including the copyright, in the BetterHR online products and services and all associated materials, including without limitation, all forms, documents, agreements, templates, notes and alerts or materials produced in connection with the online products and services, before or during the term of your subscription, and any material, methodologies, software, know-how or procedures notified or provided to you.

BetterHR grants you a restricted licence to use and print the forms, documents, agreements, templates, notes and alerts available as part of the online products and services and created through the use of those products and services within the ordinary course of your business and in respect of your employees only. You may not provide the materials or any part of thereof to any third party.

Any infringement of BetterHR‘s intellectual property rights including the copying, reproduction or distribution of BetterHR‘s information or software outside of the terms of the restricted licence granted above will constitute grounds for immediate termination of your subscription, in addition to any other action BetterHR may take to protect its rights.

No Warranty
To the full extent permitted by law BetterHR excludes any and all express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness, fitness for purpose or otherwise of any information or advice contained in the forms, documents, agreements, templates, notes and alerts or associated materials produced in connection with the online products and services.

Where legislation implies any condition or warranty, and that legislation prohibits BetterHR from excluding or modifying the application of, or Better HR‘s liability under, any such condition or warranty, that condition or warranty will be deemed included but BetterHR‘s liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Indemnity
You indemnify and will keep indemnified, defend and hold Better HR harmless from and against any and all liabilities, claims, costs, damages, expenses and losses (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceedings by any third party or you, which is related to, or arises out of, or is in any way associated with your use of the Better HR online products and services, including any documents, forms or other materials created through the use of the online products and services, or which arise through your breach of these terms and conditions.

Limitation of Liability
To the full extent permitted by law, Better HR will not be liable to you for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Platform or of the Better HR online products and services nor does Better HR accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Platform or through the online products and services.

Miscellaneous
These terms and conditions are governed by the laws of the State of New South Wales. Both parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.

BetterHR will provide the online products and services to you as an independent contractor. No other relationship can be implied.

The license to use the online products and services is restricted to the legal entity entering into this agreement. You cannot assign or otherwise transfer the benefit of your subscription without BetterHR‘s prior written consent.

BetterHR may pay commissions to any agent, reseller or distributor who introduces you to the online products and services

The waiver by any party of a breach of any of these terms and conditions shall not be construed as a waiver of any succeeding breach or as a waiver of the term or condition itself.

The failure of a party, at any time, to require performance by the other party of any provision shall not affect that party’s right to require such performance at any time in the future.

If any provision of these terms and conditions is found to be illegal, wholly or partly invalid or otherwise unenforceable then, from the date of the invalidity, illegality or unenforceability if the offending provision can be read down to make it legal, valid and enforceable without materially changing its effect, it must be read down to the extent necessary to achieve that result and otherwise the offending provision must be severed from these terms and conditions and the remaining provisions shall operate as if the severed provision had not been included.