Date: 15 July 2024
The agreement governs access to and use of the website at https://forgehr.com.au (“Website”) and is made between ForgeHR Pty Ltd, ABN 34676820572, (referred to as “ForgeHR”, “we” “us” and “our”) and you, the person accessing and using this website (referred to as “you” and “your”) This agreement does not alter in any way the terms or conditions of any other agreement you may have with us.
Please read the terms of this agreement carefully. When you access and use the Website, you agree to be bound by the Website Terms and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use the Website. By using the Website, you represent and warrant that you are over the age of 18 and are able to enter into this agreement.
Privacy Policy
ForgeHR is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
Availability of the Website
ForgeHR aims to make sure that the Website and all functionality are available at all times. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. ForgeHR will not be liable to you if the Website or any aspect of it is not available.
Use of the Website
The Website, including all text, graphics, articles, blogs, videos, information, webinars, functionality, artworks and images (Content) and any portals that are accessed via the Website are intended for our customers and prospective customers for the purpose of doing business with us, including evaluating and ordering our products or services. You may download a copy of the information on the Website to your computer or personal mobile device for your personal use but you must not otherwise reproduce or use the Content. You must not delete or change any copyright symbol, trade mark or other proprietary notice.
You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; and (b) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology.
You must comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, spam, privacy, and the transmission of technical data exported from Australia or the country in which you reside.
Intellectual Property Rights
The Website is owned by ForgeHR. Unless otherwise indicated, ForgeHR owns or has a licence to use on the Website, all of the Content, including trade marks, whether registered or unregistered (Trade Marks). You must not copy, imitate or use, in whole or in part, any of the Trade Marks or the look and feel without our prior written permission.
Copyright takedown policy: ForgeHR may, in appropriate circumstances and at ForgeHR’s sole discretion, terminate your right to access the Website if you infringe the intellectual property rights of ForgeHR or any third party.
If you believe that any Content infringes your intellectual property rights, please email us at info@forgehr.com.au and send us confirmation that you are the owner or exclusive licensee of the intellectual property rights, details of the intellectual property rights involved and information on how you claim your rights have been infringed. If the claim is made against a third party who has used the Website, we may give notice of a claim of copyright infringement by electronic mail to that user’s e-mail address.
Links
You must not use the Trade Marks or other proprietary graphics to link to this Website, or frame any of the Trade Marks, logos or other proprietary information, including the Content, without our express written permission.
This Website may contain links to third party sites which are not under ForgeHR’s control and ForgeHR has no responsibility for the content of these sites. ForgeHR makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party sites accessible by link from the Website, or websites linking to the Website.
If you use a link on this Website and navigate to another website, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. You agree that ForgeHR is not responsible or liable for any loss, damage or other matters of any sort incurred as the result of your dealings with third parties via their sites.
Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas including blogs (Interactive Areas) in which you and third parties can create, post or store content, messages, comments, materials or other items on the Website (User Content).
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply will not breach this agreement and will not breach any rights of or cause injury to any person or entity.
You are solely responsible for your use of such Interactive Areas and use them at your own risk. You must not delete or revise anyone else’s User Content. You must not post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. User Content that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that constitutes, encourages or provides instructions for a unlawful activity as referred to in paragraph a.;
c. User Content that may infringe any other person’s intellectual property or contractual rights;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. anyone’s personal or sensitive information;
g. viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in our sole judgment is objectionable or which may expose ForgeHR or its users to any harm or liability of any type.
ForgeHR is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. ForgeHR may remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense.
Unless otherwise indicated, you grant ForgeHR and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content throughout the world in any media. You grant ForgeHR and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You consent to giving us this licence even where such acts in relation to the correspondence or communication involve (a) a failure to identify you as the author; (b) the false attribution of another person as the author; and (c) the subjection of them to derogatory treatment; whether occurring before or after the giving of consent, and which apart from this consent, infringe any moral rights subsisting in the correspondence or communication.
Any use of the Interactive Areas or other portions of the Website in breach of the Website Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. You agree that ForgeHR may access, use or disclose any information about you or your use of this Website, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of ForgeHR; or to protect the safety of our employees, customers or the public.
Registration Data and Account Security
In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to ForgeHR, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify us immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to us.
Indemnification
You agree to defend, indemnify and hold harmless ForgeHR, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, use of or inability to use the Website, your breach or alleged breach of the Website Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
Disclaimer
A reference on the Website to any third party’s products or services or a link to another website, is not an endorsement, sponsorship or recommendation of such products, services or website, by ForgeHR.
ForgeHR uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties in relation to the same.
To the maximum extent permitted by applicable law, the Website and the Content are provided “as is” without guarantee or warranty, express or implied, of any kind including but not limited to guarantees or warranties of acceptable quality or fitness for a particular purpose or non-infringement. You agree that the functions embodied on or in the materials of the Website are not warranted to be uninterrupted or without error or that defects will be corrected. We make no warranty that the Website or the Content are free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
To the extent that ForgeHR can limit your remedy for breach, then ForgeHR’s liability is limited to one or more of the following at ForgeHR’s option:
A. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
B. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
To the maximum extent permitted by applicable law, in no event shall ForgeHR and its directors, employees, content providers, agents and affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Website, the services or products, the Content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from ForgeHR, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to ForgeHR’s records, programs or services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of ForgeHR, whether in contract, guarantee, warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or relating to the use of the Website exceed the fees you pay, if any, to ForgeHR for access to or use of the Website.
Termination
Notwithstanding any of the terms in this agreement, ForgeHR reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website. On termination you must destroy all materials obtained from the Website and any and all other ForgeHR sites including copies of those materials.
Changes to Website Terms
ForgeHR may from time to time need to change some of the terms in this agreement or a policy or guideline on the Website. Any changes will be effective immediately once they are posted on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Website Terms whenever you visit the Website.
Miscellaneous Provisions
Any waiver of any provision of this agreement will be effective only if in writing and signed by ForgeHR. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
The Website Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
If part or all of any if this agreement is illegal or unenforceable it will be severed from the rest of the agreement and will not affect the continued operation of the remaining provisions of the agreement.
Questions and Contact Information
Questions or comments about the Website or the terms of this agreement may be directed to ForgeHR at info@forgehr.com.au
