Easy Employer Terms & Conditions
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE EASY EMPLOYER SOFTWARE APPLICATION (“Easy Employer”).
THE OWNER OF EASY EMPLOYER, HRMWEB PTY LTD, PROVIDES ACCESS TO AND/OR USE OF EASY EMPLOYER SUBJECT TO THESE TERMS & CONDITIONS. BY FIRST ACCESSING OR USING EASY EMPLOYER, YOU AGREE TO BE CONTRACTUALLY BOUND BY THESE TERMS & CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU MUST NOT FIRST ACCESS OR OTHERWISE USE EASY EMPLOYER.
1.. In these Terms & Conditions:
- “Australian Consumer Law” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth);
- “Billable User” is defined as being any user within the Easy Employer software that appears on a roster, timesheet and/or payroll report within the software for that specific month (whether or not that user has actually used the software);
- “Commencement Date” means the earliest of the following dates:
- when You agree to the Commercial Terms or Sales Particulars;
- when You are granted access to or register to use the Easy Employer software;
- when You first access or use the Easy Employer software; or
- the date on which the last party signs any separate Sales Agreement.
- “Commercial Terms” means all those terms and conditions regarding fees and charges for Professional Services Fees, Licence Fees or any Minimum Amount as outlined to you via email or other written form either prior to the Commencement Date or as further notified to you from time to time via email or other written form;
- “Confidential Information” includes all information marked or indicated as confidential to a party to these Terms & Conditions or any of its related bodies corporate or which the other party knows or ought reasonably to be aware is confidential to the first mentioned party (regardless of its form and whether the other party becomes aware of it before or after the date of these Terms & Conditions);
- “Defined Abuse” means misuse of Easy Employer including: (a) giving an unauthorized person Your account and password details, (b) deliberately or recklessly disrupting Our service, (c) engaging in the practice known as spamming, (d) using Easy Employer in an unlawful manner, (e) using Easy Employer to menace or harass others, (f) Denial-of-service attacks on other users or networks, (g) using Easy Employer to unlawfully obtain access to other networks, or (h) as otherwise reasonably determined by Us;
- “Denial-of-service attacks” includes Your behaviour that results in disruption of Our service, disruption of other people’s use or enjoyment of Easy Employer , which includes but is not limited to computer viruses, IRC harassment, e-mail bombardment, damage to internet-connected resources and channel flooding;
- “Direct Debit Request” means the form from our direct debit payment merchant that provides specific ongoing authorisation of payments of all invoices to be made by You and withdrawn by Us directly from your nominated credit card or bank account in accordance with these Terms & Conditions;
- “Implied Term” means a term implied into these Terms & Conditions by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for example guarantees provided under the Australian Consumer Law;
- “Impugned Content” means content that:
- is false, misleading or deceptive according to the Australian Consumer Law or any other law;
- is obscene, threatening or defamatory;
- is invasive of privacy;
- infringes any persons’ intellectual property rights;
- harasses another user or any other person or group, or encourages such harassment;
- is verifiably untrue;
- constitutes commercial solicitation, political campaigning, or involves the transmission of unsolicited mass mailing (including spamming);
- identifies the author as someone other than the true author of the content;
- is pornographic or sexually explicit in nature;
- or would otherwise reasonably be considered illegal, objectionable or offensive;
- “Late Payment Fees” means those fees charged for any late payments, as outlined in the Commercial Terms section of these Terms & Conditions;
- “Licence” means the licence granted to access or use the Easy Employer software in accordance with these Terms & Conditions;
- “Licence Fees” means those fees charged for your actual use of the Easy Employer software each month based on a per Billable User per month charge, as initially outlined in the Commercial Terms or Sales Particulars and as varied from time to time in accordance with these Terms & Conditions;
- “Login Details” means a unique login identification code, password, and/or other login information to enable connection to Your account;
- “Minimum Amount” means the minimum monthly charge for your right to access and/or your use of the Easy Employer software, being the greater of $250 per calendar month (excluding GST) and any other amount as notified to You in writing in the Commercial Terms, Sales Particulars or any further notification from time to time;
- “Easy Employer” means the workforce management and/or award interpretation system known as “Easy Employer ” and includes any new releases, updates and accompanying documentation that We may make publicly available from time to time;
- “Our IP” means Our intellectual property, including all intellectual property rights (including present and future intellectual property rights) in and relating to Easy Employer and all intellectual property created pursuant to or in contemplation of these Terms & Conditions;
- “Professional Services Fees” means those fees charged on a time and materials basis for the professional services work as outlined in any Commercial Terms or Sales Particulars (if any);
- “Sales Agreement” means any separate written sales or financing agreement between Us and You regarding your intended Easy Employer Licence, that contains similar terms and conditions to those outlined in these Terms & Conditions and that is signed by You and Us;
- “Sales Particulars” means any written notification (usually email) between Us and You that outlines the particulars of any fees and charges payable by You in relation to to Your Easy Employer Licence and any such changes to these particulars as we may notify You from time to time;
- “Term” means 2 years from the Commencement Date, as extended from time to time in accordance with these Terms & Conditions;
- “Terms & Conditions” means the terms and conditions outlined herein along with any other Commercial Terms and/or Sales Documents, all of which together form part of these Term & Conditions;
- “We”, “Us” or “Our” means HRMWeb Pty Ltd (ACN: 130 618 110);
- “You” or “Your” means any person who requests and is granted access to Easy Employer OR a person who uses or registers to use Easy Employer and in each case this may include an individual, a company, a partnership, an association, an organization or an agency or department;
- “Your Data” means data owned or generated by or on behalf of You or Your People, where such data relates solely to You, Your business or operations or Your People (as the case may be). Your Data expressly excludes any material comprising a good or service supplied by Us, Our data and Our IP;
- “Your People” means all people whom You permit, nominate and/or authorize to be granted access to, or register with, or use Easy Employer (subject to the Licence), such as Your members, employees, contractors and agents.
2.. If You enter into any other form of Sales Agreement with Us, the terms and conditions of that agreement will apply and these Terms & Conditions will not apply to You.
3.. In the absence of any other Sales Agreement between You and Us, these Terms & Conditions apply and operate in conjunction with any Commercial Terms or Sales Particulars.
GRANT OF LICENCE
4.. Subject to you satisfying your obligations under these Terms & Conditions, We grant to You a worldwide, non-transferable, non-exclusive licence to use Easy Employer for the Term (“Licence”).
5.. The duration of the Licence is for the Term as outlined below.
6.. The Licence shall be subject to full compliance with these Terms & Conditions and payment in full and by each due date of all applicable fees and charges (including all Professional Services Fees and Licence Fees).
7.. For the avoidance of doubt, the Licence shall not be deemed a sale, a sale of a copy of a program, a lease, a rental or a loan.
8.. We warrant that We have the authority to grant the Licence.
9.. These Terms & Conditions operate for an initial term of 2 years commencing on the Commencement Date (“Term”), unless validly terminated in writing at an earlier date in accordance with these Terms & Conditions.
10.. These Terms & Conditions will automatically renew for successive terms of 12 months in the event that you do not validly terminate your Licence by notice in writing to Us and in strict accordance with the procedure and conditions outlined in the “Termination” section of these Terms & Conditions.
USE OF EASY EMPLOYER
11.. These Terms & Conditions commence on the Commencement Date and shall continue to govern Your Licence and/or Your use of Easy Employer.
12.. Upon You registering with Us, We will provide You with Login Details and a unique user account. Login Details, and use of and access to Easy Employer and Your user account, shall be personal to You only; if You are other than an individual, We may permit Your People to have separate user accounts and You shall be responsible for managing those user accounts
13.. You must not permit any other person to use Easy Employer by means of Your user account. You must ensure that Login Details are not disclosed to any other person (other than Your People). You must immediately re-set Your password and notify Us if another person becomes aware of Your Login Details.
14.. Easy Employer and its contents are subject to copyright and are protected by Australian and international copyright laws. The compilation (including the collection, organisation and display of all content on Easy Employer ) is the exclusive property of Us and must not be reproduced without the prior written consent of Us. All trade Marks, signs, logos and get-up (“Marks”) contained on Easy Employer and relating to Our business are owned by Us. You must not use such Marks without Our prior written consent.
15.. Any articles, comments, news items, other web sites and hyperlinks referred to on Easy Employer are included for information purposes only. Any third-party sites are not under the control of Us and therefore We are not responsible for the condition or content of them. You access these sites and/or use their products and services at Your own risk. We make no representations as to: any affiliation with any other organization; the quality, veracity or accuracy of information contained in other web sites; or any endorsement of any other organization.
16.. We are unable to guarantee that any file made available for download from Easy Employer is free from viruses or other conditions which could damage or interfere with data, hardware or software. You assume all risk of files downloaded and used from this site and release Us from all responsibility and liability arising from their use.
17.. The Licence Fees quoted in the Commercial Terms or Sales Particulars are our current ongoing monthly charges for You, which are payable in accordance with these Terms & Conditions. However, the Minimum Amount will be charged and is payable by You for any month that the Licence Fees do not exceed the Minimum Amount. Fees will be reviewed annually. Any monthly fee increase will be adjusted by the latest CPI figure available at the time of the annual review unless otherwise agreed by the parties. We may provide evidence that the cost base associated with providing the services has increased at a rate greater than the CPI as part of the review. You will be given written notice of any price changes.
18.. Any change to the original contract in terms of requirements or upgrades (during the original implementation or anytime in the course of using Easy Employer account) required will have to reviewed separately which involves scoping and quoting the work and will need to be agreed separately.
19.. Invoices will be delivered by email in a printable electronic form to your most recently nominated email address. Invoices must be paid in full on the invoice due date via direct debit of credit card or bank account (bank transaction fees apply to direct debit transactions).
20.. You must sign and return the Direct Debit Request form to Us, which provides specific ongoing authorisation of payments of all invoices in accordance with these Terms & Conditions. You must notify us in writing by email of any cancellation or change required to your Direct Debit Request, provided that in the case of a cancellation this is subject to the provisions outlined in the “Termination” section of these Terms & Conditions. Failure to notify Us of any change or cancellation to your Direct Debit Request is your own responsibility and at your own risk.
21.. In the event that we are not paid in accordance with these Terms & Conditions, in addition to any other action we may take under these Terms & Conditions, we may charge you the Late Payment Fees. If interested is to be charged, it will be done at the rate of 18%pa, calculated daily. We may also terminate, disconnect or suspend your use of and/or access to Easy Employer and all HRMWEB applications at any time and without notice to You if you are in arrears with any payment due to us.
22.. The base support services we provide are currently included in the Licence Fees or Minimum Amount charged to You. However, there might be instances where the request may fall outside of the scope of support. This is usually when we need to invest more than a reasonable level of resources and time in fulfilling your custom needs. Typical examples are ad-hoc training, changing the account configuration, changing the award configuration, etc. In such cases, the support person will advise of the work involved and provide you with a quote for custom work that falls outside of the Licence.
23.. These Terms & Conditions can be terminated by either party at any time upon 90 days written notice to the other party (“Notice Period”).
24.. HRMWeb will not provide any pro-rata refunds for termination of these Terms & Conditions during the first year of the Term.
25.. Should termination of these Terms & Conditions occur after expiry of the first year of the Term, a pro-rata refund will be provided to You for any remaining unused period in the year (after expiry of the Notice Period), provided that you have paid in advance or pre-paid your Licence Fees.
26.. During the Notice Period, Your Easy Employer account will be able to be used normally and also to export any required data from the account. It is Your responsibility to export any/all of your data from Easy Employer before these Terms & Conditions is terminated.
27.. Any requests by You for data export by Us it out of the scope of these Terms & Conditions and will be scoped and quoted as a separate transaction for Professional Services Fees.
INTELLECTUAL PROPERTY RIGHTS
28.. We or a Related Body Corporate (as defined in the Corporations Act 2001) or any other company or entity within Our corporate group own all intellectual property rights in Our IP.
29.. You acknowledge and agree that:
- You acquire no right, title or interest in any of Our IP, or any intellectual property used or supplied by Us to You or any other party, at any time regardless of whether the intellectual property was created prior to or during the term of these Terms & Conditions;
- nothing in these Terms & Conditions has the effect of granting, transferring to or vesting in You any right, title or interest in such intellectual property;
- You shall do all things reasonably required by Us, and to procure that the Your representatives do so also, to enable Us to obtain, defend and enforce Our rights in such intellectual property; and
- You shall not do or fail to do any act or thing which would or might prejudice Our rights under this clause.
30.. Notwithstanding anything to the contrary in these Terms & Conditions, no clause will operate to assign or provide for the assignment of any intellectual property to You or to any third person.
31.. You must not (directly or indirectly, whether for personal gain, commercial gain, training purposes or otherwise), nor attempt to (and You must ensure that each of Your People does not, or attempt to):
- reverse engineer, disassemble, decompile or re-create the source code relating to Our IP;
- copy, translate, modify or create derivative works based on Our IP or accompanying written materials;
- distribute, sell, assign, pledge, sublicense, lease, deliver or otherwise transfer or grant access to Our IP nor permit any other person to do any of the foregoing;
- remove from Our IP any of the tradeMarks, trade names, logos, patent or copyright notices or marking or add any other notices or markings or add any other notices or markings to Our IP.
32.. As licensee, You only own the magnetic or other physical media on which Our IP is recorded or fixed, and We shall retain ownership of all patents, copyrights, tradeMarks, trade names, trade secrets and other proprietary rights relating to or residing in Our IP.
33.. Subject to these Terms & Conditions, each party agrees to keep in confidence and must not use or disclose any Confidential Information of the other party.
34.. Clause 17 does not apply to any information which:
- enters the public domain other than by breach of these Terms & Conditions;
- is required by law to be disclosed, provided that the disclosing party shall use reasonable efforts to protect the confidentiality of such information.
35.. A party must return or destroy all Confidential Information of the other party upon request.
WARRANTIES AND LIABILITY
36.. You warrant to Us that:
- all information supplied by You is true and correct;
- You have made all necessary enquiries and satisfied Yourself regarding the suitability of Easy Employer for Your purposes;
- You will not use Easy Employer in breach of any law or any person’s rights (including intellectual property rights);
- in the case of an individual, You are over 18 years of age;
- in the case of an individual entering into these Terms & Conditions on behalf of a company, partnership, an association, an organization or an agency or department, You are authorized to enter into these Terms & Conditions in that capacity; and
- You will use Easy Employer only for the purposes stated in these Terms & Conditions, and in the product description for Easy Employer.
37.. You must fully indemnify and save harmless Us and Our related bodies corporate and Our suppliers and their respective officers, employees, contractors and agents (the “Indemnified Persons”) from any claim, loss, injury, damage, fine, penalty, liability, costs or expenses whatsoever suffered or incurred by an Indemnified Person arising from or in connection with:
- any information provided by or on behalf of You or Your People;
- the use of Easy Employer by You or Your People;
- any alleged breach of a person’s rights (including, but not limited to, defamation, intellectual property and privacy rights) in respect of the use of Easy Employer by Your or Your People;
- any alleged overpayments of Licence Fees that are due to your failure to notify Us of any future changes to Your Licence; and
- any breach of these Terms & Conditions by You or Your People.
38.. All Implied Terms are expressly included in these Terms & Conditions. All other terms which might otherwise be implied into these Terms & Conditions, are excluded.
39.. Our liability in respect of a breach of an Implied Term relating to the supply of any goods or services or otherwise pursuant to these Terms & Conditions is to the full extent permitted by law, limited to, at Our option:
- in the case of goods, any one or more of the following: 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; and the payment of the cost of having the goods repaired; and
- in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
40.. Subject to the Australian Consumer Law, You agree that Our maximum aggregate liability in relation to any claim, loss or damage, whether arising under or in relation to these Terms & Conditions, any tortious act or omission (including negligence) or under common law or statute, is excluded and (if it cannot be excluded) is otherwise limited to the amount that You have actually paid Us in the two months prior to the event giving rise to the claim.
41.. Subject to sub-sections 259(4) and 267(4) of the Australian Consumer Law in relation to an Implied Term, in no event will We be liable to You or to any other person for any indirect, special, incidental, consequential, punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to these Terms & Conditions.
42.. Nothing in Easy Employer constitutes advice of any type. Information contained on Easy Employer is provided on an “as is” basis. We are not required to provide such advice or information under these Terms & Conditions and You shall make Your own enquiries as to the appropriateness and correctness of such. Subject to these Terms & Conditions, We shall not be responsible for loss or damage occasioned by You in reliance thereof.
43.. We disclaim, to the maximum extent permitted by law, all responsibility and liability arising directly or indirectly from any use of material contained or referred to in Easy Employer, including any errors, omissions or harmful components.
44.. Subject to any Implied Terms, We do not warrant that Easy Employer or any service will be uninterrupted or error-free, or that any content are accurate, complete, reliable, current, or error-free.
45.. We do not warrant that Easy Employer will be compatible with any hardware and software which You may use.
DATA BACKUP AND SECURITY
46.. We aim to comply with peer industry practice in relation to data backup and security, including the use of trusted hosting partners. However, You acknowledge that servers connected to a network, and particularly those connected to the internet, are subject to security threats and no data is entirely secure and safe from a breach or failure of data backup and security. Accordingly, whilst We take reasonable steps in relation to data backup and security, We exclude all warranties and disclaim to the full extent permitted by law all liability in relation to data backup and security.
47.. You must ensure that appropriate data security measures are taken in relation to Your Data, having regard to the criticality of the data, including using appropriate firewall and encryption technologies, applying latest security patches, disabling any unnecessary ports, routine backup, having multiple backups and/or redundant backups, archiving Your Data, and conducting regular security audits.
48.. You must (and You must ensure that Your People):
- ensure that Easy Employer is used solely for their intended purpose;
- not permit any other person (other than Your People) to use Easy Employer and must not re-sell or purport to re-sell Easy Employer.
- ensure there is no unauthorized access, or harm caused, to Our computer system or network or those of Our suppliers;
- not commit, cause or allow any breach (or do anything which might put Us in breach) of any law, regulation, government direction or industry standard or code;
- not use Easy Employer to breach a person’s rights (including committing defamation or infringing a person’s intellectual property or privacy rights);
- not post or submit any Impugned Content using Easy Employer;
- not commit Defined Abuse;
- notify Us immediately of any security breach (suspected or otherwise) of Easy Employer, or Your Login Details;
- initiate, operate and manage Easy Employer on Your own behalf;
- be solely responsible for arranging, maintaining and configuring all communications services, system resources and other equipment and services needed to access Easy Employer in accordance with Your requirements, including without limitation:
- adequate bandwidth;
- adequate infrastructure specification and configuration, including data storage and capability to handle the data load and integration with Easy Employer; and
- maintenance of firewalls to ensure integration with Easy Employer is possible and available;
- The Easy Employer all in one kiosks have certain level of technical requirements which will need to be complied by you, please see https://support.easyemployer.com/hc/en-us/articles/230928647-All-In-One-Kiosk-Installation-Setup- for the details.Everytime an order is made, an order form will need to be filled by you so it can be processed with accuracy.
- promptly inform Us of any change to Your billing or address details;
- ensure that each of Your People is over 18 years old or obtain that person’s parent/guardian’s consent to use Easy Employer; and
- be responsible for the timely and accurate notification to Us of any defect in Easy Employer or other issue which may give rise to a warranty or consumer claim.
49.. You must ensure that each of Your People complies with each term in these Terms & Conditions that is applicable to them. You shall be vicariously liable and responsible to (and You fully must fully indemnify and save harmless) Us in respect of each of Your People’s use of any good or service (including Easy Employer and including in circumstances where Your People have the benefit of any such good or service) and compliance with such terms.
50.. Implementation timelines, if given during the sales, requirements gathering or initial project phases, are subject to change as it depends on a variety of factors that our out of our control i.e. delays caused the client, third party delays, change in requirements, technical issues that were not known at the time of sale, development work required, etc
51.. The delay caused by any third party provider will not be Easy Employer’s responsibility. Easy Employer will do its best to deliver everything as agreed on this contract, however, third party situation that is beyond our control will not be our responsibility.
YOUR DATA AND USE OF INFORMATION
52.. For the avoidance of doubt, Your Data (including all intellectual property rights in Your Data) shall be owned by You (or Your People, as applicable). Once Your Licence ends, if requested by You We will return (and if required We will facilitate the return of) a copy of Your Data to You, subject to: (a) all of Your accounts first being paid in full; and (b) You paying Our reasonable charges for doing so. You will have 3 months to request the return of Your Data; after that time, We are unable to guarantee that Your Data will be available.
53.. You agree that We may collect and use technical data and related information (including but not limited to technical information about Your device, system and application software, and peripherals) that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to Easy Employer. We may use this information, as long as it is in a form that does not personally identify You, to improve Our products and services or to provide services or technologies to You.
54.. Usage data (including metadata and customer usage) may be generated by the use of Easy Employer, in which case:
- where applicable, all right, title and interest in such usage data is retained by You (or Your People, as applicable);
- You grant Us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use such data; and
- You consent to Our use of such data (and to provide such data to others) for Our internal business purposes, for marketing purposes, for market analysis, to analyze customer trends and where required by law.
55.. We are not obliged to review or monitor any of Your (or Your People’s) use of Easy Employer (including Your Data), although We may do so if required by law or if we reasonably suspect such use violates any clause contained in these Terms & Conditions or any other law.
56.. You authorize Us to use and provide personal information to Our suppliers to the extent necessary to fulfil Our obligations under these Terms & Conditions.
57.. We may also collect Your personal information and use it for the following purposes:
- for marketing purposes, including to provide information about goods or services which We or any of Our suppliers or related bodies corporate or affiliates may offer;
- to disclose to credit reference associations and credit reporting agencies for the purpose of providing services or other credit providers providing services;
- for the purpose of engaging with, assisting and fulfilling Our obligations to third party suppliers;
- for purposes related to or arising out of Our provision of services and credit or commercial credit.
58.. You give Your consent to the types of use of information described in these Terms & Conditions. You give Your consent to Us sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to You.
60.. The following escrow provisions apply should We be in default resulting from an essential breach of these Terms & Conditions by Us:
- Subject to this clause 60, if requested by You, We shall deliver a copy of the then current general release of Easy Employer (“Escrowed Software”) in source code into the custody of an escrow agent or third party, who shall be a mutually acceptable third person.
- In the event that the source code is to be held in escrow pursuant to clause (a), the parties shall negotiate the terms of an escrow agreement, provided that either party may not unreasonably withhold agreement. Such agreement shall:
- be a three way agreement between Us, You and the escrow agent;
- only permit the escrow agent to release the source code to You in the event We are substantially and indefinitely unable to support the Escrowed Software; and
- include a limited, non-transferable, non-exclusive licence to You to use, modify and maintain the Escrowed Software solely for Your own internal business purposes, in Australia. Further, such licence shall be limited in duration to the period for which We are unable to support the Escrowed Software and You shall continue to pay licence fees (payable direct to Us) in respect of the Escrowed Software (as if You were continuing to license Easy Employer direct from Us; and
- require You and the escrow agent to return all source code and all related intellectual property and confidential information, to Us, once the period for which We are unable to support the Escrowed Software has ceased.
- You shall be responsible for payment of all costs and expenses relating to escrow of the source code and Our performance of Our obligations under this clause 60.
- Nothing in this clause 60 shall prejudice the parties’ respective rights and obligations under these Terms & Conditions.
61.. Unless otherwise stated, all fees and charges stated in these Terms & Conditions, the Commercial Terms, Sales Particulars or any further written notification are exclusive of GST and any applicable GST must always be added to such fees and charges.
62.. These Terms & Conditions and Our policies regarding Easy Employer are subject to change by Us from time to time. Any such change shall be uploaded to Our website and You will be notified by email or other written form of any changes to these Terms & Conditions. Should you not agree with any such changes, You may terminate your Licence by written notice to Us in accordance with these Terms & Conditions.
63.. You grant Us a licence to use Your name and logo for the purpose of indicating that You are a customer of Us, provided that We shall not use such name or logo as a trade mark.
64.. If You have not paid for a licence to have access to or use Easy Employer, then notwithstanding any provision in these Terms & Conditions, all or part of the agreement governed by these Terms & Conditions may be terminated by Us at any time for any reason, with or without giving You notice.
65.. Where a party (the “first mentioned party”) is required (whether under these Terms & Conditions or otherwise) to return or destroy data or information to the other party, without limiting:
- the primary obligation of the first mentioned party to return or destroy such data or information; and
- the first mentioned party’s obligations under these Terms & Conditions,
the parties acknowledge that the first mentioned party shall be entitled to retain such copies of such data or information as are necessary for data archival, risk management, legal or regulatory compliance purposes.
66.. We will not be responsible for any delay or failure to perform Our obligations under these Terms & Conditions caused by any act beyond Our control including without limitation acts of God, wars, strikes, natural disasters, delay or default of any person.
67.. Any provision which by its nature would survive termination or expiry of these Terms & Conditions (including without limitation any exclusion or limitation of liability or indemnity in these Terms & Conditions) shall survive termination or expiry of these Terms & Conditions.
68.. If any clause or part of these Terms & Conditions is held to be void, illegal or unenforceable for any reason, it shall be deemed to be severed from these Terms & Conditions without affecting any other clause or part of these Terms & Conditions.
69.. Any right under these Terms & Conditions may not be waived or varied except in writing signed by the person to be bound.
70.. We may assign or novate any of Our rights or obligations under these Terms & Conditions at our absolute discretion and without your consent.
71.. The agreement governed by these Terms & Conditions is governed by the laws of New South Wales, Australia. You irrevocably submit to the jurisdiction of courts and tribunals in the State of New South Wales.
72.. Easy Employer may be accessed throughout Australia and internationally. We make no representations that the content of Easy Employer complies with the laws, including intellectual property laws, of any country other than Australia. If You access this site or use Easy Employer from outside Australia, You do so at Your own risk and are responsible for complying with all applicable laws.