Terms and Conditions | Privacy
Updated 1 August 2024
These terms of use ("Terms") for myhr.works constitute a legal agreement and are entered into by and between you and MyHR (referred to in these Terms as "we", "us", "our" or "MyHR"). These Terms govern your access to and use of, including any content, and functionality, offered on or through myhr.works Site ("Site").
By using or accessing our Site, you agree to be bound by these Terms and our privacy policy (“Privacy Policy “). If you do not agree to the Terms or the Privacy Policy, please refrain from using our Site.
In New Zealand we are: MyHR Ltd (referred to in these Terms as "we", "us", "our" or "MyHR")
Our address is: 485c Rosebank Road, Avondale, Auckland, New Zealand
In Australia we are: MyHR Australia Pty Ltd (referred to in these Terms as "we", "us", "our" or "MyHR")
Our address is: Level 4, 55 Clarence Street, Sydney, NSW 2000, Australia
In Canada we are: MyHR Platform Canada Ltd (referred to in these Terms as "we", "us", "our" or "MyHR")
Our address is: 108 - 1870 Dowad Avenue, Squamish, British Columbia, V8B1C4
Our website is: myhr.works
Our email address is: help@myhr.works
We reserve the right to amend these Terms (including by issuing a new or replacement version of these Terms) at any time and in any manner at our sole discretion by posting the amendments or the new or replacement version of these Terms on our Site.
You are responsible for regularly reviewing our Site for any amendments to these Terms.
1 Accessing our Site
1.1 Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information on this Website.
1.2 We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. We will not be liable if for any reason our Site is unavailable at any time or for any period. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
1.3 We reserve the right to restrict access to areas of our Site, or indeed our whole Site, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Site.
2 Intellectual Property Rights
2.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it, unless otherwise stated. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
2.2 You may print off copies, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site. But you must not, without our consent:
(a) sell, rent or sub-license material from our Site; or
(b) reproduce, duplicate, copy, use or otherwise exploit material from our Site for a commercial purpose.
2.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
2.4 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
3 Liability and Reliance on Information
3.1 Material posted to our Site is intended to provide general information on MyHR and our products and services. It is for informational purposes only and is not intended to amount to representations or advice on which reliance can be placed.
3.2 Although efforts are made to ensure material on our Site is current, complete and accurate, to the extent permitted by law:
(a) content is provided without any guarantees, conditions or warranties, express or implied; and
(b) we will not be liable for any loss or damage of any kind arising out of, or in connection with, the use of our Site by you, including reliance on any information on our Site by any visitor to our Site, or by anyone who may be informed of any of its contents.
3.3 Where our Site includes details of our prices, these prices are subject to change at our absolute discretion and without prior notice and, unless expressly stated otherwise, are exclusive of any applicable goods and services tax, value-added tax or other similar tax.
4 Security
4.1 We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website it links to.
5 Linking
5.1 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only and are not necessarily checked, approved or endorsed by us. We have no control over, and we are not responsible for, the availability of the links, the contents of those websites or resources, or their compliance with law, and we accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.
5.2 You may link to our home page on a website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation. You must not suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other website.
5.3 We reserve the right to withdraw linking permission without notice.
6 Acceptable Use
6.1 You must not:
(a) use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;
(b) use our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent; or
(e) access or otherwise interact with our Site using any robot, spider or other automated means.
7 Privacy
7.1 We are committed to respecting your privacy. We will always collect, store, use and disclose personal information in accordance with applicable privacy laws. However, we have also put in a privacy policy to protect personal information you submit or we collect.
7.2 By using this Site you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyse Site use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Site may not function adequately. For more information on these automated information gathering practices, see section 5 of our privacy policy.
8 DISCLAIMER OF WARRANTIES
8.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER MYHR NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER MYHR NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
8.2 LIMITATION ON LIABILITY
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MYHR NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
8.3 INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MYHR, ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THIRD-PARTY SITES, ANY USE OF THE SITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORISED IN THESE TERMS.
8 Law and Jurisdiction
8.1 These Terms shall be governed by and construed in accordance with the laws of New Zealand. You and we submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters concerning the Terms, provided that we may bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.