BuildHR

Terms of Use

BuildHR” means the business name under which this web site trades, owned and operated by Berriman Services Pty Limited atf Berriman Services Trust; “Customer” means the purchaser or recipient (howsoever received) of any Material from this web site and/or any person, entity or organisation using or entering this web site or viewing the Material, including their officers, employees, employers, agents, contractors or principals; “Forum” means a chat area, bulletin board, web log (blog) or email function offered through this web site or otherwise offered by the Supplier; “Material” means any and all documents and other products, services, advice, recommendations, instructions and other content contained on or offered for sale on or obtained from this web site or accessed from or through this web site; “Standards” means any and all legislative and regulatory requirements and standards applicable to the Material; “Supplier” means this web site, BuildHR, all companies and/or other entities and/or persons related to or associated with or affiliated with this web site or BuildHR and their hosts, owners, directors, principals, beneficiaries, document authors, officers, employees, agents and contractors.

While the Supplier endeavours to provide Material that complies with the Standards, the Customer agrees that it uses this web site and purchases, otherwise procures, uses and/or views the Material at its sole risk. The Customer agrees that it has relied upon and shall continue to rely upon its own knowledge and expertise in selecting any of the Material for any purpose. The Customer further agrees that it is solely responsible for checking that all such Material complies with the  Standards before use or application and agrees to use or apply the Material in accordance with the Standards and at all times with good commercial practice.  The Material is intended for general use only and should not be considered to be complete or definitive. The Customer should obtain professional legal and/or financial advice before acting or relying on the Material.  The Supplier does not give warranties express or implied in relation to any Material. The Supplier does not warrant that this web site or the server that makes it available are free of viruses or other harmful components. To the maximum extent permitted by law, all conditions and warranties not expressly included above but which may otherwise be implied in contract, at law, in equity or under any statute are excluded.

This web site may contain references and/or links to other web sites. The Supplier is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in search results or otherwise linked to this web site.

The Customer agrees that, to the maximum extent permitted by law, the Supplier’s liability is at all times limited to the cost of supply of a relevant replacement document or other product or service purchased by the Customer from this web site.  Subject always to the following sentence, the Supplier shall not be liable for any claim whatsoever which is received by the Supplier after 7 days from the date of purchase or receipt or viewing of the Material or at all once any Material has been used or applied by the Customer, after which the Customer shall be deemed to have accepted unqualified liability.  The Supplier shall not be liable to the Customer, or any other person for, and the Customer releases and discharges the Supplier from, and indemnifies the Supplier against, any liability, loss or damage (including without limitation any loss of profits, special, exemplary, punitive, indirect, consequential, or contingent loss or damage) arising in any way or incurred by any person, either directly or indirectly, in connection with the Material and this web site and the Customer hereby agrees to this express limit of liability and agrees to limit any claim accordingly. 

No Material may be resold, gifted, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that the Customer may download one copy of the purchased Material on any single computer for use only by the Customer, provided the Customer keeps intact all copyright and other proprietary notices. Modification of the Material or use of the Material for any other purpose is a violation of BuildHR’s copyright and other proprietary rights. The use of any Material on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to BuildHR.

A Forum shall be used only in a non-commercial manner. The Customer shall not, without BuildHR’s written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. The Customer specifically acknowledges that soliciting other Customers or guests of BuildHR to join or become members, guests or customers of any commercial online service or other organisation is expressly prohibited.

The Customer shall not upload to, distribute through, or otherwise publish through BuildHR any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability, or violate any law.

By uploading materials to any Forum or submitting any materials to this web site or BuildHR, the Customer automatically grants (or warrants that the owner of such rights has expressly granted) BuildHR, for any purpose whatsoever, a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. In addition, the Customer warrants that all so-called "moral rights" in those materials have been waived.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to any principles of conflicts of law. The Customer agrees that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in New South Wales and the Customer hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these Terms of Use is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

BuildHR reserves the right, at its discretion, to amend these Terms of Use.

By entering and/or using this web site in any way whatsoever, the Customer agrees to these Terms of Use and agrees to abide by them and any amendments to or replacement of them.

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