Terms and Conditions
MyHR Terms and Conditions
New Zealand | Australia | Canada
User Terms of Use | Privacy | Website Terms of Use
Last updated: 17 June 2026
WHAT YOU AGREE TO: PLAIN ENGLISH SUMMARY
This summary is not a substitute for the full terms below. Please read both carefully.
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What |
Detail |
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Who provides the software |
MyHR Limited (New Zealand) owns the MyHR Software Platform. Your contracting entity provides access to it as part of your subscription. |
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Who you contract with |
The MyHR entity named in your Order Form. For NZ: MyHR Limited. For AU: MyHR Australia Pty Limited. For CA: MyHR Platform Canada Limited. |
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What you get |
Access to the MyHR Software Platform plus HR advisory services: guidance, documents, and templates from HR professionals, delivered remotely. |
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Nature of HR advice |
General HR guidance only, not legal advice. You decide whether and how to implement it. You are responsible for all employment decisions and outcomes. |
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Your data |
We store employee records and HR documents on your behalf in accordance with our Privacy Policy. |
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Term and renewal |
Runs for your Initial Term then renews automatically. Either party must give 60 days' notice to prevent renewal. See clause 13. |
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Governing law |
Determined by your location. See your Jurisdiction Schedule. |
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User Terms of Use |
Each individual user (Authorised User) accepts the MyHR User Terms of Use at login. Those terms cover login security, acceptable use, and the user’s direct relationship with MyHR Limited (NZ) as Platform owner. |
If anything is unclear, please contact us.
PART A - GENERAL TERMS
1. PARTIES AND GROUP STRUCTURE
1.1 Parties to this Agreement
This Agreement is between the MyHR entity identified in your Order Form (MyHR) and the customer identified in the Order Form (Customer).
1.2 Group Structure
MyHR operates as a group of related companies:
(a) MyHR Limited, incorporated in New Zealand (NZBN 9429031116916), registered office at Unit 4, 485c Rosebank Road, Avondale, Auckland 1026 (MyHR NZ), which owns all intellectual property in the MyHR Software Platform and is the HR advisory services provider in New Zealand;
(b) MyHR Australia Pty Limited , incorporated in Australia (ABN 70 620 586 003), registered office at Level 4, 55 Clarence Street, Sydney NSW 2000 (MyHR AU), which is the exclusive reseller and HR advisory services provider in Australia; and
(c) MyHR Platform Canada Limited, incorporated in British Columbia, Canada, registered office at 108-1870 Dowad Avenue, Squamish, British Columbia V8B1C4 (MyHR CA), which is the exclusive reseller and HR advisory services provider in Canada.
1.3 Contracting Entity
The MyHR Contracting Entity identified in the Order Form (Contracting Entity) is responsible for all obligations to the Customer under this Agreement. No other MyHR entity has any liability or obligations to the Customer under this Agreement. The Platform is owned by MyHR NZ and made available through the Contracting Entity as part of the subscription service.
2. DEFINITIONS
In this Agreement, the following terms have the following meanings:
Advisory Services means the HR advisory services described in clause 5.
Affiliate means any company or body corporate which the Customer controls, which controls the Customer, or which is controlled by the same person that controls the Customer. In this definition, “control” means having, directly or indirectly, the power to exercise more than 50% of the votes which may be exercised by the shareholders or members of that company or body corporate, and/or the power to appoint a majority of its board or governing body.
Aggregated Data means any data or information arising or created by the aggregation or anonymisation of Customer Data by or on behalf of MyHR or MyHR NZ, including with other data or information uploaded or inputted into the Platform by or on behalf of one or more MyHR customers.
Agreement means the agreement between MyHR and the Customer, comprising these General Terms, the Jurisdiction Schedules, and the Order Form.
Applicable Law means all laws and regulations applicable to the Customer's use of the Services in its Jurisdiction.
Authorised User means a person who is an employee or personnel of the Customer and who has been authorised by the Customer to use the Platform on behalf of the Customer.
Confidential Information means information disclosed by one party to the other that is designated confidential or would reasonably be understood to be confidential, excluding information that is publicly known, independently developed, or required to be disclosed by law.
Customer Data means all data and content uploaded to or generated on the Platform by or on behalf of the Customer, but does not include Aggregated Data.
Documentation means any employment agreements, user manuals or guides, reports, HR templates or MyHR-branded materials provided or made available by MyHR or MyHR NZ in the course of providing any Services.
Fees means the subscription and service fees specified in the Order Form, and any other fees payable under this Agreement.
Initial Term means the Initial Term specified in the Order Form, commencing on the Start Date.
Intellectual Property Rights means all industrial and intellectual property rights (including applications for such rights) whether conferred by statute, at common law or in equity, including, but not limited to all copyrights and similar rights that may subsist in works or other subject matter, rights in relation to inventions (including all patents and patent applications), rights in relation to trade secrets and confidential information, rights in relation to designs (whether or not registrable), rights in relation to registered and unregistered trade marks and business names, rights in relation to circuit layouts, and other rights as defined by Article 2 of the Convention of July 1967 establishing the World Intellectual Property Organisation as may exist anywhere in the world.
Jurisdiction means the country identified in the Order Form as the Customer's principal place of business.
Jurisdiction Schedule means the schedule applicable to the Customer's Jurisdiction (Schedule A: Australia; Schedule B: Canada; Schedule C: New Zealand).
Order Form means the order form or quote signed by the Customer incorporating these General Terms and the Jurisdiction Schedules.
Personal Information means information about an identifiable individual as defined under applicable privacy law in the Jurisdiction.
Platform means the MyHR Software Platform, being the cloud-based HR management software owned by MyHR NZ and made available to the Customer as a remote service.
Services means Platform access and Advisory Services together.
Start Date means the date MyHR activates the Customer's access to the Platform, being the date specified in the Order Form.
Subscription Term means the Initial Term together with any renewal periods under clause 13.
User Terms of Use means the MyHR User Terms of Use applicable to Authorised Users, available at https://knowledge.myhr.works/user-terms-of-use and which must be accepted by each Authorised User on accessing the Platform.
3. THE SERVICES
3.1 Platform Access
Subject to this Agreement and payment of Fees by the Customer, MyHR provides the Customer with a non-transferable right to access and use the Platform during the Subscription Term for the Customer's internal business purposes by its Authorised Users. This right is personal to the Customer and cannot be transferred or sublicensed.
3.2 Ownership and Access
The Platform and all Intellectual Property Rights in the Platform are owned by MyHR NZ. The Customer receives access rights only, no ownership, title, or Intellectual Property Rights in the Platform are transferred to the Customer, and no software licence is granted.
3.3 Updates and Support
The Platform may be updated or modified from time to time. MyHR will give reasonable notice of material changes that adversely affect functionality. Support is available during business hours in the Jurisdiction via the Platform, email, or telephone as specified in the Order Form.
3.4 Third Party Integrations
MyHR may from time to time provide interfaces between the Platform and third party payroll or other products (each a Third Party Product) to enable the exchange of data between the Platform and the Third Party Product. If the Customer uses a Third Party Product:
(a) it is the Customer’s responsibility to maintain an account, subscription or licence for the Third Party Product with the provider of that product, and that provider handles the Customer’s data under its own terms and privacy policy;
(b) MyHR accepts no responsibility or liability for the operation of any Third Party Product, or for any results, information or data provided or produced by it, including in relation to Customer Data entered into the Third Party Product;
(c) it is the provider’s responsibility to enable relevant data entered into the Third Party Product to be provided to the interface with the Platform. MyHR has no control over this and accepts no responsibility for any loss suffered or incurred by the Customer as a result of any such data not being provided, or being provided in a corrupted or incorrect form, to the interface with the Platform; and
(d) MyHR may cease to maintain an interface with a Third Party Product at any time, and will give the Customer reasonable notice where practicable.
3.5 Trial Access
Trial access is granted on these Terms, which the Customer accepts when it registers for or is given trial access, whether or not an Order Form has been signed. MyHR may, at its discretion, provide access to the Platform on a free trial basis for a period MyHR specifies, the standard being 14 days, for the purposes of evaluating the Services. During any trial period:
(a) no Fees are payable;
(b) the Customer may use the Services and Documentation for one fictional employee only, and must not use or rely on them for any actual employee or contractor;
(c) the Customer must not copy, adapt, or modify the Documentation; and
(d) Advisory Services are not provided, although MyHR may describe the support it could provide if the Customer proceeds to a subscription.
If the Customer does not purchase a subscription at the end of the trial period, the trial ends, MyHR will close the Customer's access, and the Customer must cease all use of the Documentation.
3.6 Affiliates
MyHR may agree in writing to make the Services available to some or all of the Customer’s Affiliates. In that case:
(a) the Customer’s subscription must include the relevant number of the Affiliates’ employees and contractors, and the Fees will be calculated accordingly;
(b) the Customer must ensure that its Affiliates comply with the Customer’s obligations under this Agreement as if they were a party to it, and the Customer remains liable for their acts and omissions; and
(c) where an Affiliate operates in a jurisdiction outside the Jurisdiction, MyHR does not represent that the Services or Documentation will be compliant with or suitable for use under the laws of that jurisdiction, unless expressly agreed in writing.
4. ACCEPTABLE USE
4.1 Use of Platform
The Customer must, and must ensure all Authorised Users:
(a) comply with the User Terms of Use available at https://knowledge.myhr.works/user-terms-of-use;
(b) use the Platform only for the Customer’s internal HR management purposes. The Customer is responsible and liable for all acts and omissions of its Authorised Users in connection with the Platform, and any breach of the User Terms of Use by an Authorised User will be deemed a breach of this Agreement by the Customer;
(c) keep Platform login credentials secure, not share or transfer them, and notify MyHR promptly of any actual or suspected unauthorised access; and
(d) not allow unauthorised access to the Platform, not use it to store or transmit unlawful content, and not interfere with its operation or other customers’ use.
4.2 Suspension
MyHR may suspend the Customer's access to the Platform in accordance with clause 11 if MyHR reasonably believes the Customer is in material breach of this clause 4.
5. HR ADVISORY SERVICES
5.1 What Advisory Services Include
Advisory Services are provided by HR advisors employed by the Contracting Entity, delivered remotely, and include written and verbal HR advice, employment document templates, and guidance on employment relations and people management.
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Important: Advisory Services are general HR guidance only and do not constitute legal advice. The Customer should seek independent legal advice for any legal matter. |
5.2 Your Responsibility for Decisions and Implementation
In relation to any Advisory Services, the Customer acknowledges that:
(a) all Advisory Services are provided to the Customer as employer for its own assessment and decision-making;
(b) the Customer is solely responsible for deciding whether and how to implement any advice, guidance, or document template;
(c) MyHR advisors, unless otherwise agreed in writing, do not attend the Customer's premises, participate in employment meetings, or make employment decisions; these remain the Customer's responsibility;
(d) the suitability of advice depends on the accuracy and completeness of information the Customer provides; MyHR's advice is based on the facts as presented; and
(e) employment outcomes are affected by many factors beyond MyHR's control, including the Customer's own conduct and decisions.
5.3 Not a Law Firm
MyHR is not a law firm and does not provide legal services. Nothing in the Advisory Services creates a solicitor-client relationship or legal privilege. Customers facing legal disputes should engage a qualified employment lawyer.
5.4 Service Standard
MyHR will provide Advisory Services with reasonable care and skill, having regard to generally accepted HR best practice and employment law in the Jurisdiction and the information provided by the Customer.
5.5 Customer Responsibility for Compliance
The Customer retains full responsibility for:
(a) compliance with all employment, workplace relations, health and safety, and other laws governing its employment relationships;
(b) all employment decisions including hiring, disciplining, performance managing, restructuring, and terminating employment;
(c) the conduct of all employment processes involving its employees; and
(d) the accuracy, fairness, and lawfulness of all communications with its employees, whether drafted by the Customer, based on MyHR templates, or generated on the Platform.
MyHR does not act as the Customer's employer, co-employer, legal representative, or agent. Nothing in the Advisory Services creates any duty of care to the Customer's employees.
5.6 Ongoing Support
If the Customer commences or manages an employment situation or process without first seeking MyHR’s guidance, or does not follow the advice or process MyHR has recommended, MyHR may determine at its discretion whether to provide additional or ongoing support in relation to that situation or process, or any resulting claim or grievance.
5.7 Use within the Jurisdiction
The Customer must not record on the Platform, or use any Documentation or Advisory Services in relation to, any employee or contractor based outside the Jurisdiction without MyHR’s prior written consent. The Customer is responsible for ensuring it has any consents or other legal basis required to record their Personal Information on the Platform. If MyHR provides such consent, unless it expressly states otherwise, MyHR does not represent that the Platform, Documentation, or Advisory Services are compliant with or suitable for use under the laws of the place in which those employees or contractors are based.
6. CUSTOMER OBLIGATIONS
The Customer must:
(a) provide accurate and complete information when seeking Advisory Services and promptly correct any errors in that information;
(b) comply with all Applicable Laws in operating its business;
(c) obtain all necessary employee consents for processing Personal Information on the Platform; and
(d) pay all Fees in accordance with clause 9.
7. INTELLECTUAL PROPERTY
7.1 MyHR IP
All Intellectual Property Rights in the Platform and Documentation are owned by MyHR NZ or its licensors. Nothing in this Agreement transfers any Intellectual Property Rights to the Customer. The Customer may use, copy, adapt and distribute the Documentation within its organisation as necessary to take the benefit of the Services during the Subscription Term. The Customer must not otherwise copy, adapt, share, distribute, sell, or sub-license the Documentation.
7.2 Customer Data
The Customer retains ownership of Customer Data and grants MyHR a non-exclusive licence to access, use, and process Customer Data to provide and improve the Services, and as permitted by clause 7.4.
7.3 Feedback
MyHR and other MyHR entities will be free to use any feedback or suggestions provided by the Customer about the Services for the purposes of improving the Services. MyHR NZ will own any resulting improvements to the Services, and all Intellectual Property Rights in those improvements.
7.4 Aggregated Data
MyHR and MyHR NZ may aggregate and anonymise Customer Data, including with data or information uploaded or inputted into the Platform by or on behalf of other MyHR customers, and may use the resulting Aggregated Data for any purpose, including operational, analytical, security, benchmarking, research and product improvement purposes (for example, compiling salary survey data or data on leave patterns). As between the parties, MyHR NZ owns all rights (including Intellectual Property Rights) in the Aggregated Data.
MyHR will not publish, disclose or provide to any third party any Aggregated Data in a form in which the Customer, or any of its employees or contractors, is specifically identified, and will take reasonable steps to ensure that Customer Data, and the identity of the Customer and its employees and contractors, cannot readily be identified in or extracted from the Aggregated Data. MyHR may retain and continue to use Aggregated Data following termination or expiry of this Agreement.
8. CONFIDENTIALITY
Each party will keep the other's Confidential Information confidential and not disclose it to third parties without the other party’s prior written consent, except to personnel who need it to perform obligations under this Agreement and are bound by equivalent obligations of confidentiality, or as required by law. These obligations survive termination or expiry of this Agreement for three years.
9. FEES AND PAYMENT
9.1 Customer to Pay Fees
The Customer will pay Fees as specified in the Order Form, in advance for each billing cycle. Unless the Order Form specifies a fixed fee or another pricing mechanism, Fees are calculated based on the number of employees and contractors recorded on the Platform under the Customer’s account during each billing cycle, at the rates set out in the Order Form or MyHR’s then-current pricing schedule. All Fees are exclusive of applicable taxes, which will be added where applicable.
9.2 Date for Payment
Payment is due by the due date specified on the Customer’s invoice. If any payment is overdue, MyHR may charge interest at 1.5% per month and/or exercise its suspension rights under clause 11, and/or utilise third party debt recovery providers. All costs related to the recovery of overdue payments are the responsibility of the Customer.
9.3 Fee Variations
MyHR may vary any Fees on 30 days' written notice. Fee variations will not take effect during a Customer's Initial Term or any agreed renewal term. They take effect at the next renewal or, for Customers on a rolling subscription, on expiry of the 30-day notice period. If the Customer does not accept a Fee variation, the Customer may terminate this Agreement before the variation takes effect.
9.4 Fees Non-refundable
Fees are non-refundable and the Customer remains liable for all Fees for the full Subscription Term. If MyHR terminates this Agreement for convenience under clause 13.3, MyHR will refund a pro-rated portion of any prepaid Fees for the unused period. No refund applies where the Customer terminates or where MyHR terminates for cause under clause 13.4.
9.5 Additional and One-off Fees
The Customer must pay any one-off or additional service fees for services requested by the Customer or its Authorised Users (including any fast track or per-document services), at the rates published by MyHR or otherwise agreed with the Customer in writing. The Customer is responsible for the authorisation levels within its organisation. A request for any such service made through the Customer’s account by an Authorised User is deemed authorised by the Customer, and the applicable fee will be added to the Customer’s next invoice.
10. DATA AND PRIVACY
10.1 Customer is Controller and MyHR Processes
The Customer is the controller of Customer Data including employee Personal Information on the Platform. MyHR processes such data as processor on the Customer's instructions. MyHR also acts as controller of account, billing, and usage data, which it handles in accordance with the Privacy Policy.
10.2 MyHR’s Data and Privacy Obligations
MyHR will:
(a) process Personal Information within Customer Data as necessary to provide and improve the Services;
(b) maintain appropriate security measures to protect it;
(c) not disclose it to third parties except as required to provide the Services or by law;
(d) notify the Customer as soon as practicable of any data breach affecting Customer Data; and
(e) return or delete Customer Data on termination in accordance with clause 13.6(e).
10.3 Customer Warranty Regarding Customer Data
The Customer warrants that it has the right to upload Customer Data to the Platform and that its collection and use of employee Personal Information complies with Applicable Law.
10.4 MyHR Privacy Policy
MyHR's Privacy Policy at https://knowledge.myhr.works/privacy forms part of this Agreement and sets out how MyHR collects, holds, uses, and discloses Personal Information. In the event of inconsistency, this Agreement prevails in respect of Customer Data processing.
10.5 Processing in Other Countries
Customer Data may be stored or processed in New Zealand, Australia, or other countries where MyHR or its service providers operate. MyHR will ensure any cross-border transfers comply with Applicable Law.
10.6 Subprocessors
MyHR may engage third-party subprocessors to assist in delivering the Services under equivalent data protection obligations. A current list of subprocessors is published at https://knowledge.myhr.works/sub-processors.
11. SUSPENSION
MyHR may, at its discretion, suspend the Customer's access to the Platform and/or Advisory Services in any of the following circumstances:
(a) Non-payment: any Fee is overdue by more than 7 days;
(b) Security risk: MyHR reasonably believes the Customer's account or use of the Platform poses a security risk to MyHR, its infrastructure, other customers, or third parties, including in the event of suspected unauthorised access, a data breach, or malicious activity associated with the Customer's account; or
(c) Acceptable use breach: MyHR reasonably believes the Customer is in material breach of clause 4.
MyHR will give the Customer as much prior notice of suspension as is reasonably practicable in the circumstances. In cases of urgent security risk, MyHR may suspend access immediately without prior notice and will notify the Customer as soon as practicable afterwards. MyHR will restore access promptly once the relevant issue is resolved to MyHR's reasonable satisfaction. Suspension does not affect the Customer's obligation to pay Fees or any other obligations under this Agreement.
12. LIABILITY
12.1 Exclusion of Liability
Neither party will be liable to the other for any indirect, consequential, or punitive loss, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with this Agreement.
12.2 Limitation of Liability
MyHR's total liability to the Customer under this Agreement or in connection with the Services, including under any indemnity, will not exceed the total Fees paid in the 12 months prior to the event giving rise to the claim.
12.3 No Employment Liability
MyHR is not liable for:
(a) any employment claim or regulatory action arising from the Customer's employment relationships;
(b) the outcome of any employment process conducted by the Customer;
(c) any loss arising from the Customer's decision to implement or not implement advice, templates, or documents generated on the Platform; or
(d) advice given in reliance on incomplete or inaccurate information from the Customer.
12.4 Excluded Liability under User Terms of Use
The Customer agrees that, in connection with any use of the Platform by its Authorised Users, MyHR may as between itself and the Customer rely on any limitations or exclusions of liability set out in the User Terms of Use, in addition to the other limitations and exclusions under this clause 12.
12.5 No Implied Warranties
MyHR gives no warranties in relation to the Services, or about any quality or fitness for any particular purpose or ability to achieve a particular result, except as specified in this Agreement. The Customer does not enter into this Agreement in reliance on any representation, warranty, term or condition except as expressly provided in this Agreement. All conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
12.6 Exception
Nothing in this clause 12 will limit or exclude any liability for personal injury or death caused by the negligence or wrongful act of a party, or any other liability that cannot be limited or excluded under Applicable Law.
13. TERM AND TERMINATION
13.1 Commencement and Term
This Agreement commences on the Start Date and continues for the Initial Term in the Order Form.
13.2 Renewal
At the end of the Initial Term and each renewal period, this Agreement automatically renews for a further period equal to the Initial Term (or 12 months if the Initial Term was less), unless either party gives written notice of non-renewal at least 60 days before the end of the then-current term.
13.3 Termination for Convenience
MyHR may terminate this Agreement at any time on 60 days' written notice to the Customer, in which case MyHR will refund any prepaid Fees for the unused period. The Customer may not terminate before the end of the then-current Subscription Term except under clause 13.4.
13.4 Termination for Cause
Either party may terminate this Agreement immediately on written notice to the other party if:
(a) the other party commits a material breach that is not remedied within 30 days of receiving written notice of that material breach;
(b) the other party becomes insolvent, enters liquidation or receivership, makes a general assignment for creditors, or is the subject of any similar action as a consequence of debt; or
(c) the other party ceases to carry on business.
13.5 Rolling Subscriptions
Where the Customer's Subscription Term is not on a fixed term renewable basis but is on a rolling basis (whether as initially agreed in the Order Form, as a result of any existing rolling or “month-to-month” subscription arrangement in place between the parties as at the date of this Agreement, or as otherwise agreed by the parties in writing), then clauses 13.1 and 13.2 will not apply to that Subscription Term, and:
(a) either party may terminate this Agreement by giving 60 days' written notice to the other, or such longer notice as is specified in the Order Form; and
(b) the Fees during any rolling period will be at MyHR's standard (non-discounted) rates as set out in MyHR's then-current pricing schedule, unless otherwise agreed by the parties in writing.
13.6 Consequences of Termination
On termination or expiry of this Agreement:
(a) all Platform access rights will cease immediately;
(b) the Customer must stop using the Documentation to create new documents;
(c) the Customer must pay all outstanding Fees due following the date of termination or expiry;
(d) each party must return or destroy the other's Confidential Information;
(e) MyHR will provide the Customer with access to export its Customer Data during any notice period before termination or expiry. Where this Agreement terminates immediately, MyHR will provide a reasonable export window. Where termination is for non-payment, MyHR may require payment of outstanding Fees before facilitating export. MyHR may delete Customer Data after the applicable export period;
(f) clauses 7, 8, 9, 12, 13, 14, and 15 survive; and
(g) neither party will be under any further obligation to the other party except under this clause 13.6, and without limiting any rights or remedies that have accrued before termination or expiration.
14. INDEMNITIES
14.1 Customer Indemnity
The Customer will indemnify MyHR against all claims, losses, and costs arising from:
(a) the Customer's breach of this Agreement;
(b) the Customer's use of the Services in breach of Applicable Law;
(c) any claim that the use of Customer Data to provide the Services infringes a third party's rights; and
(d) any claim, grievance, or proceeding brought by any current or former employee, contractor, or job applicant of the Customer against MyHR, whether arising from an employment decision, employment process, or any Advisory Services provided in connection with such matter.
14.2 Basis for Indemnity
The Customer acknowledges that the indemnity in clause 14.1(d) reflects the parties' agreement that MyHR is not a party to any employment relationship between the Customer and its employees, and that employment outcomes are determined by the Customer's own decisions and conduct.
14.3 MyHR Indemnity
MyHR will indemnify the Customer against third-party claims that the Platform infringes third-party Intellectual Property Rights, provided the Customer promptly notifies MyHR, gives MyHR control of the defence, and cooperates reasonably. This indemnity does not apply to claims arising from Customer Data.
15. GENERAL
15.1 Force majeure
Neither party is liable for failure or delay caused by circumstances beyond its reasonable control. The affected party will notify the other promptly of any failure or delay and resume performance as soon as practicable.
15.2 Variations
MyHR may update this Agreement from time to time. Operational changes (including updates to Platform features, support arrangements, subprocessors, and other matters that do not materially affect the Customer's existing rights, Fees, or core obligations) take effect when published, with reasonable notice via the Platform or by email. Material changes (including changes to Fees, the term and renewal mechanism, the liability framework, or the data protection framework) require 30 days' written notice before they take effect. MyHR will give notice by publishing details of any such changes on its website and, for material changes, by emailing the Customer's registered contact. The Customer's continued use of the Services after the effective date of any change constitutes acceptance. If the Customer does not accept a material change, the Customer may terminate this Agreement before the effective date of that material change without penalty.
15.3 Assignment
The Customer may not assign any of its rights or obligations under this Agreement without MyHR's prior written consent. MyHR may assign any of its rights or obligations under this Agreement to a related company or in connection with a sale or restructuring of its business.
15.4 Entire agreement
This Agreement, the Order Form, the Jurisdiction Schedule, and the Privacy Policy, and (in respect of Authorised Users) the User Terms of Use, constitute the entire agreement between the parties and supersede all prior agreements. No Customer purchase order terms will modify this Agreement. If there is any inconsistency between these documents, the following order of precedence applies, to the extent of the inconsistency: first the Order Form, then the applicable Jurisdiction Schedule, then these General Terms, then the Privacy Policy.
15.5 Waiver
A failure to exercise a right is not a waiver. No waiver is effective unless in writing.
15.6 Severability
If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary, and the remainder continues in force.
15.7 Notices
Notices must be in writing and sent by email to the addresses in the Order Form or by courier to the relevant party's registered office.
15.8 Relationship
The parties are independent contractors. This Agreement does not create employment, agency, joint venture, or partnership.
15.9 Governing law
This Agreement is governed by the law of the Jurisdiction in the applicable Jurisdiction Schedule. The parties submit to the non-exclusive jurisdiction of the courts of that Jurisdiction.
15.10 Existing Customer Commercial Arrangements
Where a Customer entered into a subscription with MyHR before the effective date of this Agreement, the Customer's specific commercial arrangements (including the Subscription Plan, Initial Term, renewal date, billing cycle, Fees, and seat count) remain governed by the Quote or Order Form signed at the time of subscription, until the next renewal.
This Agreement governs all other aspects of the relationship between MyHR and such Customers, replacing all prior versions of the MyHR Terms and Conditions, with effect from the effective date of this Agreement.
On the Customer's next renewal, the Customer's commercial arrangements will renew on the basis set out in their then-current Quote or otherwise set out in writing, in accordance with this Agreement.
SCHEDULE A - AUSTRALIA
This Schedule applies to Customers in Australia. In case of conflict with Part A, this Schedule prevails.
A1. CONTRACTING ENTITY
The Contracting Entity is MyHR Australia Pty Limited (ABN 70 620 586 003), Level 4, 55 Clarence Street, Sydney NSW 2000. The Platform is owned by MyHR NZ and made available through MyHR AU. No software licence is granted; the Customer receives remote service access only.
A2. HR ADVISORY SERVICES
Advisory Services are provided by HR advisors employed by MyHR AU with knowledge of Australian employment law. Advice is general guidance only and not legal advice. MyHR AU advisors are not lawyers and cannot represent the Customer before the Fair Work Commission, any court, or any tribunal. The Customer is solely responsible for compliance with all applicable employment laws and instruments.
A3. B2B CONFIRMATION
This Agreement is between MyHR AU and the Customer as commercial parties. The Customer confirms it is acquiring the Services for business purposes only.
A4. PRIVACY
MyHR AU will comply with applicable privacy law in respect of Personal Information collected in connection with the Services. The Customer is responsible for compliance with applicable privacy law in relation to its employees' Personal Information on the Platform. MyHR AU's Privacy Policy is at https://knowledge.myhr.works/privacy.
A5. GST
All Fees are exclusive of GST. Where a supply under this Agreement is taxable, the Customer must pay GST in addition to the Fee on receipt of a valid tax invoice.
A6. GOVERNING LAW
This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
SCHEDULE B - CANADA
This Schedule applies to Customers in Canada. In case of conflict with Part A, this Schedule prevails.
B1. CONTRACTING ENTITY
The Contracting Entity is MyHR Platform Canada Limited (BC1444706), 108-1870 Dowad Avenue, Squamish, British Columbia V8B1C4. The Platform is owned by MyHR NZ and made available through MyHR CA. No software licence is granted; the Customer receives remote service access only. The Platform, Documentation, and Advisory Services are designed for the common-law provinces of Canada and are not designed for use in the Province of Quebec. The Customer should seek MyHR’s guidance before recording on the Platform, or relying on the Documentation or Advisory Services for, any employee or contractor based in Quebec, and MyHR does not represent that they are compliant with or suitable for use under the laws of Quebec.
B2. HR ADVISORY SERVICES
Advisory Services are provided by HR advisors employed by MyHR CA with knowledge of Canadian employment law, which is primarily provincial. The Customer should inform MyHR of all provinces in which its employees work. Advice is general guidance only and not legal advice. MyHR CA advisors are not lawyers and cannot represent the Customer before any employment tribunal, human rights body, or court. The Customer is solely responsible for compliance with all applicable federal and provincial employment and human rights laws.
B3. PRIVACY
MyHR CA will comply with PIPEDA and applicable provincial privacy legislation in respect of Personal Information collected in connection with the Services. The Customer is responsible for compliance with applicable privacy law in relation to its employees' Personal Information on the Platform. MyHR CA's Privacy Policy is at https://knowledge.myhr.works/privacy.
B4. TAXES
All Fees are exclusive of applicable Canadian taxes including GST, HST, PST, and QST. MyHR CA will include applicable taxes on invoices where required.
B5. LANGUAGE
The parties agree this Agreement and all communications will be in English. Les parties ont convenu que le présent accord et toutes les communications seront en anglais.
B6. GOVERNING LAW
This Agreement is governed by the laws of British Columbia, Canada. The parties submit to the non-exclusive jurisdiction of the courts of British Columbia.
SCHEDULE C - NEW ZEALAND
This Schedule applies to Customers in New Zealand. In case of conflict with Part A, this Schedule prevails.
C1. CONTRACTING ENTITY
The Contracting Entity is MyHR Limited (NZBN 9429031116916), Unit 4, 485c Rosebank Road, Avondale, Auckland 1026. MyHR NZ is also the owner of the Platform and the Intellectual Property Rights in the Platform.
C2. HR ADVISORY SERVICES
Advisory Services are provided by HR advisors employed by MyHR NZ with knowledge of New Zealand employment law. Advice is general guidance only and not legal advice. MyHR NZ advisors are not lawyers and cannot represent the Customer before the Employment Relations Authority, Employment Court, or any other tribunal. The Customer is solely responsible for compliance with all applicable employment law obligations including good faith obligations.
C3. B2B CONFIRMATION
This Agreement is between MyHR NZ and the Customer as commercial parties. The Customer confirms it is acquiring the Services for business purposes only. Nothing in this Agreement excludes the application of the Fair Trading Act 1986 to commercial transactions.
C4. PRIVACY
MyHR NZ will comply with applicable privacy law in respect of Personal Information collected in connection with the Services. The Customer is responsible for compliance with applicable privacy law in relation to its employees' Personal Information on the Platform. MyHR NZ's Privacy Policy is at https://knowledge.myhr.works/privacy.
C5. GST
All Fees are exclusive of New Zealand GST at 15% (or as amended). GST will be added to invoices where applicable.
C6. GOVERNING LAW
This Agreement is governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts.