1. About the Website
1.1. Welcome to www.unscriptedhr.com.au (Website). The Website provides you with an opportunity to browse, make bookings and purchase services offered by Unscripted Human Resources (Bookings) that have been made available for purchase through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services). The Website also provides you with the opportunity to make a booking for a free initial consultation with Unscripted Human Resources (Free Booking) and access and download free digital products (Eproducts).
1.2. The Website is operated by Kath Harris & Associates t/a Unscripted Human Resources (abn: 51 661 575 686) (Unscripted Human Resources ). Access to and use of the Website, or any of its associated Services, is provided by Unscripted Human Resources . Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Unscripted Human Resources reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
(a) E-mail Address
(b) Password
(c) ABN/ACN
(d) Address
3.2. You warrant that any information you give to Unscripted Human Resources in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Unscripted Human Resources ; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
4.2. You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Unscripted Human Resources of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Unscripted Human Resources providing the Purchase Services.
5. Purchase and Bookings of Services
5.1. Unscripted Human Resources requires all bookings and purchases for the Services to be made via the available booking system (Booking System).
5.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Booking System.
5.3. If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.
5.4. In using the Purchase Services to purchase the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Services (Purchase Price).
5.5. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)
5.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5.7. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.8. In the event that any payment under this Agreement is not made in full on the due date, Unscripted Human Resources is entitled to charge You interest at the rate of 5% per annum, calculated daily.
5.9. You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Unscripted Human Resources for steps taken to enforce payment terms will be recoverable and payable by You.
6. Cancellation and Termination
6.1. Termination
(a) If your circumstances change and you wish to terminate your involvement in the Services early, please notify Unscripted Human Resources as soon as possible by emailing [email protected] to discuss a way forward.
(b) The Services are non-refundable. Please keep this in mind when making a purchase.
(c) Unscripted Human Resources reserves the right to terminate your involvement in the Services for breach of these Terms and Conditions with 7 days notice by e-mail.
(d) If the Services are terminated by either party for any reason whatsoever, you agree to pay Unscripted Human Resources for the portion of the Services completed up to the date and time of termination.
6.2. Cancellation and Rescheduling of one-on-one sessions
(a) Both Parties agree to reschedule any one-on-one sessions in writing.
(b) Unscripted Human Resources understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.
7. Delivery – Eproducts
7.1. Eproducts are delivered are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact [email protected].
7.2. Unscripted Human Resources will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct
8. Refunds and Returns
8.1. Unscripted Human Resources does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
9. Warranty
9.1. Unscripted Human Resources will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Unscripted Human Resources makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
9.2. The Services comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with Unscripted Human Resources and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
10. Disclaimer
10.1. You are solely responsible for creating and implementing Your own business, financial, and marketing decisions, choices, actions and results arising out of or resulting from the Services and Your interactions with Unscripted Human Resources. As such, You agree that Unscripted Human Resources is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services provided by Unscripted Human Resources.
10.2. You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for legal, business or financial advice. Unscripted Human Resources recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Services. Unscripted Human Resources will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.
11. Information Disclaimer
11.1. Any information, advice, content or documentation provided on the Website, through the Services, Eproducts, blogs, podcast, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
11.2. All care is taken in the preparation of the information and published materials on the Website, through the Services, Eproducts, blogs, podcast, social media accounts, or on any other related platform. Unscripted Human Resources does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
11.3. To the extent permissible by law, Unscripted Human Resources will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, Eproducts, blogs, podcast, social media accounts or on any other related platform.
Copyright and Intellectual Property
12.1. The Website, the Services and all of the related products of Unscripted Human Resources are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Unscripted Human Resources or its contributors.
12.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Unscripted Human Resources, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained on the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
12.3. Unscripted Human Resources does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Unscripted Human Resources.
12.4. Unscripted Human Resources retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
12.5. You may not, without the prior written permission of Unscripted Human Resources and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13. Privacy
Unscripted Human Resources takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Unscripted Human Resources ‘s Privacy Policy, which is available on the Website.
14. General Disclaimer
14.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Unscripted Human Resources will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Unscripted Human Resources make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Unscripted Human Resources ) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Unscripted Human Resources; and
(d) the Services or operation with respect to links that are provided for your convenience.
15.Third Party Services
The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Unscripted Human Resources does not control any Third-Party Services. Unscripted Human Resources additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Unscripted Human Resources will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.
16. Limitation of liability
16.1. Unscripted Human Resources ‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you
16.2. You expressly understand and agree that Unscripted Human Resources, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
17. Termination of Contract
17.1. The Terms will continue to apply until terminated by either you or by Unscripted Human Resources as set out below.
17.2. If you want to terminate the Terms, you may do so by:
(a) providing Unscripted Human Resources with days’ notice of your intention to termination, in writing, via the ‘Contact Us’ link on the homepage.; and
(b) closing your accounts for all of the services that you use, where Unscripted Human Resources has made this option available to you.
17.3. Unscripted Human Resources may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Unscripted Human Resources is required to do so by law;
(c) the provision of the Services to you by Unscripted Human Resources is, in the opinion of Unscripted Human Resources , no longer commercially viable.
17.4. Subject to local applicable laws, Unscripted Human Resources reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Unscripted Human Resources ‘s name or reputation or violates the rights of those of another party.
18. User Generated Content
18.1. If you choose to contribute any content to the Website or any other platform operated by Unscripted Human Resources, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
18.2. By contributing content to the Website, you grant Unscripted Human Resources a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Unscripted Human Resources.
18.3. Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Unscripted Human Resources can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
18.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Unscripted Human Resources social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Unscripted Human Resources. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
18.5. Please ensure you keep your own copies of Your Content as Unscripted Human Resources may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
18.6. Unscripted Human Resources will endeavour to provide you with an appropriate credit when using Your Content on Unscripted Human Resources platforms, though you understand and agree this may not always be possible.
18.7. Unscripted Human Resources reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
19. Mailing List Registration
19.1. You may be given the option to register for the Unscripted Human Resources Mailing List (Mailing List).
19.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name
19.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Unscripted Human Resources.
21. Indemnity
20.1. You agree to indemnify Unscripted Human Resources, its affiliates, employees, agents, contributors, third party content providers and licensors from and against.
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
22. Venue and Jurisdiction
The Services offered by Unscripted Human Resources are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.
23. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales, Australia.
24. Independent Legal Advice
Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.
25. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.