Employii Member Terms and Conditions

Effective date: 1 August 2021

 

Please note our terms and conditions may change from time to time at the discretion of Employii. Members will be notified of any changes. 

Pricing and subscription models are as per the arrangement at the time of purchase. 

  1. Employii is not a legal practitioner or law firm. Therefore, no advice provided by Employii or any of its team constitutes or represents legal advice.
    1. Current, potential and/or past clients and members must consider whether they require legal advice for their specific circumstance, and must make this decision at their own discretion.
    2. If the Client wishes to obtain legal advice, they may do so external to any such arrangement or agreement to Employii, at the Client’s full expense.
      1. If the Client intends to, or does, seek external legal advice – they agree to advise Employii of this, in writing, in advance of seeking the legal advice.
      2. The Client understands that by seeking external legal advice, Employii may not be able to continue to provide services to the Client, dependent on the purpose and legal advice sought by the Client. Any impact on service provisions will be discussed with the Client at the time of the Client notifying Employii of their intent to seek legal advice.
  2. Employii provides free initial consult meetings. Human resources and industrial relations consulting advice will not be provided during these sessions.
  3. Employii may provide client and/or member benefits as per any ‘Member Benefits Policy’.
    1. Employii has the right at any time to change or discontinue these benefits, in any way, either with or without notice to its current, past and/or future clients and/or members.
    2. Fees paid by Employii clients and customers are in exchange for human resources and industrial relations consultancy only.
    3. Any other benefits are in excess of fees paid and are made available to clients and customers at the discretion of Employ
    4. Some benefits may have separate terms and conditions which clients and members agree to as a part of their membership subscription.
    5. Benefits include the online ‘Employrr ASSIST Hub’ which contains information and materials.
      1. Any and all information provided within this environment, Employii’s website and social media platforms is general only and does not consider the specific circumstances of an employer or individual’s situation.
      2. This information is for members and clients of Employii and is not for distribution and may not be used in any commercial activity without the express written consent of Employii’s Director.
  4. Clients and members understand that work undertaken by Employii may be actioned by any of its team members, as deemed appropriate by Employ This includes Employii managers and staff.
    1. Employii managers and staff will have access to client information, including confidential information, as required within the scope of their role.
    2. All employees are required to sign an Affirmation of Confidentiality as a part of their employment.
    1. Employii supports the education of HR professionals and accordingly engages student interns from time to time.
      1. Employii interns are onboarded as supernumerary team members and in a learning capacity.
      2. Interns do not provide human resources and industrial relations consulting advice.
      3. Interns will have access to client information, including some confidential information, but only in so far as necessary for their education and learning as a part of their internship.
      4. All interns are required to sign an Affirmation of Confidentiality prior to commencing their internship and are subject to Employii’s privacy and confidentiality policies and procedures.
      5. Interns are not employees of Employ Any views or information shared by interns are those of the interns and not Employii.
  5. From time to time, Employii may engage third parties (such as contractors) to assist with the work, as required. Third party involvement will be declared with clients and members as reasonably required and relevant to their services.
    1. Employii may commence, pause or discontinue their working arrangements with third parties at their sole discretion.
    2. Employii is not liable for any advice, opinions or other work provided by third party entities.
    3. Each contractor and/or other third party is liable for their conduct, advice and other services.
    4. Any views or information shared by third party entities are those of the third party and not Employ
  6. Employii does not provide refunds unless required by Australian law.
    1. Clients and members who wish to request a refund must outline their request and reasoning in writing to Employ
    2. Refund requests will be considered on a case by case basis, at the discretion of Employii – unless there is a requirement for the refund as per Australian law.
    3. Potential clients and members are encouraged to utilise the free initial consult, to determine whether Employii can assist them with their needs, prior to purchasing any service.
  7. Unless specific terms are agreed upon in individual client service agreements, Employii does not guarantee a turnaround time for human resources and industrial relations advice, support or work.
  8. Any guidance provided relating to job applications and CVs is general only. Employii cannot guarantee that engaging Employii’s services will result in securing employment of any kind.
  9. Employii cannot guarantee any outcome as a result of its advice, guidance or provision of any other kind of information and/or project work. Outcomes can be influenced by a multitude of factors that Employii cannot control. This includes, but is not limited to, the behaviours, actions, values, priorities and decisions of individuals, external organisations and environmental factors.
  10. Please refer to the current ‘Course Terms and Conditions’ for terms and conditions relating to any of Employii’s courses.
  11. As at the date of this agreement, Employii does not provide services in workers compensation.
  12. As at the date of this agreement, Employii does not assist with civil and criminal proceedings.
  13. Employii does not guarantee assistance in hearings within Commissions, Tribunals or other dispute settlement bodies or processes.
  14. Provision of Services
    1. All analyses, forecasts and recommendations are made in good faith and are based upon the information before our consultants at the time. The preparation of such items, depends largely on the effective cooperation and ability of the Client’s Staff and timeliness.
  15. Estimates of the time for the completion of services are given on the assumption that we will receive the full cooperation of the Client’s staff, and that the Client has provided us with full information prior to this quote being provided and approved.
  16. The Client will provide access to such personnel, information and documentation as may be reasonably be required to permit our team to provide the services in an effective manner.
  17. Confidentiality and privacy
    1. Neither party may, either during or after the term of engagement, disclose or cause or permit to be disclosed any of the confidential information of the other party (or allow to make it possible for any person to observe or have access to any of that confidential information), except with the prior consent of the other party. This is unless it is lawfully required.
    2. We understand that certain information provided by the Client constitutes personal information under the Privacy Act and is provided to us for the provision of this work. We undertake to deal with that personal information, in accordance with the Privacy Act.
  18. Limitation of Liability
    1. Other than as expressly set out in these Terms and Conditions, to the fullest extent permitted by law, neither we nor any of our related bodies corporate, officers, directors, employees, agents or contractors will be liable or responsible for any direct, indirect or consequential loss or damage arising in any manner, whether wholly or partly from or in connection with the provision of the services including without limitation:
      1. loss of, damage to, or deterioration of property belonging to the Client or any third party; and
      2. loss or damage caused by the negligence of us or our employees, agents or contractors.
  19. Where any law implies any term, condition or warranty, and the law avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions (and other parts of these Terms and Conditions must be read subject to the term, condition or warranty so included).
  20. Indemnity: The Client agrees to indemnify Employii against all liabilities, claims, costs and expenses incurred by us in respect of any claim by a third party which arises as a result of any breach by the Client of the agreement to provide the services.
  21. Amendment: Employii may amend these Terms and Conditions at any time by written notice to the Client. The amended Terms and Conditions will be effective immediately after notice is provided and the Client will be bound by the amended Terms and Conditions from that time.
  22. Severability: If anything in these Terms and Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms and Conditions remain in force.
  23. Governing Law: The Proposal and these Terms and Conditions shall be construed and interpreted in accordance with the Laws of the State of Western Australia.
  24. To the extent permitted by law, the liability arising from a breach of the conditions and warranties referred above is, at our option, limited to either supplying the services again or the payment of the cost of having the services supplied again.
  25. Any change in the scope of services or basis of the proposal, may result in a change in consultancy needs and time – and thus in the input and total fees. Any expected or actual change in fees will be communicated to the Client.