Website Terms and Conditions
Thank you for visiting our website. This website is owned and operated by Workchapters Pty Ltd (ABN 19 653 314 277) (workchapters) of Suite 103, 1044A Dandenong Road, Carnegie VIC 3163. By accessing and/or using this website, any related site, platform, products or services, or our online template shop (https://www.workchapters.co/shop) (Online Shop), you agree to these Terms and Conditions, which include our Privacy Policy (available at www.workchapters.co) (Terms).
You should review our Privacy Policy and these Terms carefully and immediately cease using our website, any related site, products and services if you do not agree to these Terms.
We may change our Terms from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Terms.
We offer a range of services, and these may be subject to additional terms and conditions. If you access or use our freelancer Platform (accessible at https://app.workchapters.co/), this subject to the Platform terms and conditions which are available here (Platform Terms).
In these Terms:
'us', 'we' and 'our' means workchapters and our related bodies corporate; and
‘you’ and ‘your’ means you, or any business or corporate entity you may be representing or purchasing or using our products or services on behalf of.
1.Registration
You may need to be a registered member to make orders, access and purchase our products, engage services provided via our platform, or access certain features of our website.
When you purchase products or services via our website, or register and activate your account, you may provide us with personal information such as your name and email address, telephone number, and other personal information. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy available at www.workchapters.co.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us (including any authorisation for the business you represent); and
agree and warrant to use the website in accordance with these Terms.
2. Accuracy, completeness and timeliness of information
The information on our website and any linked sites is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website or linked sites. You should monitor any changes to the information contained on this website and any related site.
We are not a law firm and any other information, consultation, document or advice we provide you is not legal advice and should not be construed as such. You are responsible for ensuring you engage appropriately qualified professionals to provide you with tailored advice based on your specific circumstances, including but not limited to legal, tax, financial and other advice.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website, any related platform, a linked website or any or social media accounts. You must take your own precautions to ensure that whatever you select for your use from our website, related platform, or a linked website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated, available or accessible. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date, or if the information, products or services you are looking for are not available.
3.Online Shop purchases
We offer a range of template contracts, policies, procedures, handbooks, cheat sheets, guides and other offerings (Templates) on our Online Shop. Our Templates are intended to assist businesses when dealing with HR and employment matters in Australia only (not in any other jurisdictions).
The Templates have been prepared by Australian qualified lawyers and HR advisors, however the Templates provide a base document and general information only. They do not take into account your particular circumstances or background information and are not intended to be comprehensive or exhaustive. The law and other relevant circumstances may change from time to time, and we do not warrant or guarantee that the Templates will be complete, accurate or up-to-date, or that they will be suitable for your needs.
workchapters is not a law firm and does not provide legal advice. Templates offered by workchapters do not constitute legal advice and must not be relied upon as such or as a substitute for seeking legal advice. We are not responsible or liable for any act or omission made in reliance on any Template. We recommend that you seek independent advice from qualified professionals that takes into account your businesses’ specific needs and requirements, as well as legal, HR, tax, finance and other regulatory obligations.
Your purchase of the Templates is for your own use (or the business on whose behalf you have purchased) only. They are not intended to be distributed, on-sold, copied, or otherwise sub-licensed to third parties.
Any actual or suspected breach of this clause may result in losses to us or causes of action by third party owners or licensors of those intellectual property rights, which we may seek to recover from you on a full indemnity basis (including all legal costs).
Prices are displayed in AUD and GST will be applied to the price displayed. Full payment must be made using the means offered from time to time (which may include third party payment providers such as Stripe or PayPal or other payment methods). Those third-party payment providers terms and conditions will apply to those payment methods, and these will be available on the website of those payment processors. We do not store any of your payment information.
We may from time to time change, without notice, update or remove any Template from our Online Shop, increase or decrease pricing, change the inclusions of any bundled products or otherwise remove from sale any Template or access to our Online Shop.
Subject to Australian Consumer Law, payments are non-refundable.
4. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
5. Promotional codes
We may from time to time make available promotional codes for use on our Online Shop. These codes must be used prior to checking out and cannot be applied after your purchase. The codes may have expiry dates, limited application for the number of approved uses, or for specific clients. We reserve the right to change, cancel or withdraw any promotional codes without notice. Any actual or suspect misuse may result in losses to us, which we may seek to recover from you on a full indemnity basis (including all legal costs).
6. Affiliate codes
We may from time to time make affiliate codes available to select partners. The affiliate is solely responsible for all disclosures as required by law and must not mislead or misrepresent the nature of the affiliate code, relationship or any commissions received. We reserve the right the withdraw any affiliate codes and programs in our sole discretion and will not be liable for any loss or damage whatsoever. Affiliates may be provided with additional terms, and by using the affiliate code, agree to any additional terms.
7. Linked sites
Our website may contain links to websites or social media accounts operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or social media accounts and have no control over or rights in those linked websites.
8. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website, related platform, products, and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
9. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website or related sites, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using this website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website or related sites, we have the right to take down this information at our sole discretion and without notice.
We may remove or block your access to our website and any related site for any reason without notice.
10. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, related sites, or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website or related sites will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any related sites, any Content, any product or service, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
11. Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, any related site and/or the information or materials contained on it, or as a result of the inaccessibility of this website or any related site and/or the fact that certain information or materials or products contained on it are incorrect, incomplete or not up-to-date and/or the availability/unavailability or suitability of any products or services (or any personnel providing such services). You agree to indemnify us for any loss or liability arising out of your use of this website or any related site.
12. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
Published: 29 August 2024