All rights, without limitation copyright, in the Materials belong to Tupalek Pty Ltd, as trustee for the Mylne Family Trust and are controlled by ClockOn Pty Ltd, unless expressly stated otherwise. ClockOn Pty Ltd is wholly owned by the Mylne Family Trust. You acknowledge that you do not acquire any ownership rights by using or downloading the Materials.
You may not copy, modify, transmit, redistribute, divulge personal security details (including user name and password), publish, sell, create derivative works, or in any way exploit any of the Materials, in whole or in part without the express permission of ClockOn Pty Ltd. In the event of any permitted use of the Materials, you may not change or delete any author, trade mark or copyright notices.
Materials on the Website
You acknowledge that the Materials contain industrial relations and general human resource information applicable to Australia. ClockOn Pty Ltd, its suppliers and contractors, do not endorse, recommend or give any legal advice regarding the nature or merits of any industrial relations or human resource management strategy, policy or system. You may not rely on the Materials to determine your industrial relations or human resource management practices without research from other sources and obtaining independent legal advice on your own industrial relations and human resource management needs and obligations.
You acknowledge that the Materials contain technical information about computers and computer software which may include technical inaccuracies or typographical errors. The Materials are provided “as is” without warranties of any kind either express or implied. To the maximum extent permitted by applicable law, ClockOn Pty Ltd, its suppliers and contractors, make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any Materials or that access to the Materials will be uninterrupted or error free. Any Materials downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you are solely responsible for backing up your computer system beforehand and for any loss of data or damage to your computer system that results from the download or use of any such Materials, or use of the Website. ClockOn Pty Ltd, its suppliers and contractors, do not warrant or represent that the Materials will not cause damage, or are free from any computer virus or any other defects or errors.
You acknowledge that the Materials may contain links to other websites operated by third parties, which may not provide accurate information or be currently maintained. ClockOn Pty Limited does not sponsor, endorse, or approve of any material on other websites or the operators of those websites. ClockOn Pty Limited makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which the Materials are linked.
Monitoring and Privacy
ClockOn Pty Limited has the right, but not the obligation, to monitor the Website to determine compliance with the TOU, for security and quality control purposes and to satisfy any law, regulation or authorised government request. ClockOn Pty Limited has the right in its sole discretion to edit, refuse to publish or remove any material submitted to the Website by you, which it finds to be in violation of the TOU or otherwise objectionable.
ClockOn Pty Limited may collect and use in its discretion for promotional or other purposes any personal information or information about your identity divulged voluntarily by you while using the Website.
Limitation of liability
ClockOn Pty Limited, its suppliers and contractors, are not liable under any circumstances, including, but not limited to, negligence, for any direct, indirect, incidental, special or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) that result from the use of, or the inability to use, the Materials. You specifically acknowledge and agree that ClockOn Pty Limited, its suppliers and contractors, are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the Materials, or with any of the TOU, your sole and exclusive remedy is to discontinue using the Materials. ClockOn Pty Limited’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of ClockOn Pty Limited to the following:
In the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
In the case of goods, 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 acquiring equivalent goods; or the payment of the cost of having the goods repaired.
You agree to indemnify and hold harmless ClockOn Pty Limited, its directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of your use of the Materials.
ClockOn Pty Limited may at any time change or modify the TOU, or any part thereof, or impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions are effective immediately upon publication on the Website. Your continued use of the Website after such publication is deemed to constitute your acceptance of such changes, modifications or additions.
ClockOn Pty Limited does not make any representation that the Materials are either available or suitable for use in locations outside Australia, or that they comply with any legal or regulatory requirements of such other locations. If you use the Materials, you do so at your own risk and are responsible for compliance with local laws, to the extent that any local laws are applicable.
If any provision of the TOU is found void or unenforceable, the remainder remains valid and enforceable according to its terms.
The TOU are to be construed, interpreted and governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals in respect of any proceedings in connection with the TOU.