Terms & Conditions
1. About Life at Work and our websites
The websites https://www.lifeatwork.com.au/ and https://thehrportal.com.au/ (the Websites) are owned by, or licensed to and operated by, Life at Work Pty Ltd trading as The HR Portal (ABN 41 653 296 130) (we, us, our).
We provide HR support, training and consulting services to small to mid-sized businesses. We invite you to access or purchase programs, courses, coaching, information, products, templates, consulting services and access to online communities or to join our mailing list on our Websites (Services). These Website Terms and Conditions, together with our Privacy Policy and any online community terms or rules (the Terms) apply to all visitors, subscribers, customers, members and other users of our Websites and Services.
2. Your acceptance of these Terms
For the purposes of these Terms, “you” and “your” refers to you, the client, visitor or user of our Websites.
If you continue to browse or use our Websites or use or purchase any materials or Services that we provide on our Websites (whether available for purchase or not), you are agreeing to be bound by and comply with these Terms and to have entered into a contract with us.
You can accept the Terms electronically. When you click “accept”, “agree”, “consent” or “buy” using a device such as a mobile phone, desktop, laptop or tablet, your agreement or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. You will also be bound by any consent transmitted through the Websites to receive electronic communications from us.
To access or use the Websites or the Services, you must be at least 18 years old. If you accept the Terms on behalf of a corporate entity, you promise that you are authorised to do so
If you are uncertain about the Terms, the Services or anything else on our Websites, please contact us before completing any purchase.
3. We may update the Terms, Websites and Services from time to time
We may change these Terms from time to time, consistent with applicable laws and industry standards. We do not promise that we will notify you of such a change. If we change the Terms, the change will be effective from the date that we post the revised Terms on our Websites. You are responsible for reviewing these terms prior to using or purchasing Services and periodically during your time as a visitor, customer or subscriber. If you continue to use our Websites and to access any materials available from us or the Websites, we will take that as confirmation that you accept such changes.
We may change or discontinue any of the Services or Websites or change any prices published on the Websites at any time without notice. We will not be liable to you for any change in the Terms, the Services or the Websites.
We may discontinue the Websites at any time, without notice to you and in our absolute discretion. We may refuse access to the Websites to any person at any time, for any reason. We are not liable for any loss that you suffer as a result of such discontinuance or exclusion.
4. You may need to register an account to use the Websites
You may be required to register an account before you can purchase and access some features of the Websites and the Services. To register, you must provide us with information which may include your name, your business name, address, a valid email address and telephone number.
You promise that any information that you provide while registering an account is accurate and correct, and that you will update your details when they change.
Your account will be protected by a password. User names and passwords are for your use only. You must never share your username or password with any third party.
You are responsible for keeping your password and username secure. We accept no liability for any activity that occurs in your account, including any orders for Services.
If we believe that you have breached these Terms or an applicable law, or that your conduct may give rise to a claim against you by us or anyone else, we may suspend or cancel your account at any time for any reason.
5. Being involved in our online community
Certain Services may include access to a member-only online community through a secure login using an email, a password and/or an online invitation. If you purchase Services that include access to a community membership, you agree that you must not:
- share your login credentials or the secure online invitation with anyone for any reason; or
- share your username and password with any person who did not pay for access to the Services.
By using the online community, you agree to comply with the community rules, including that all information shared in the community remains confidential.
You also consent to other community members knowing your identity. Unless you let us know otherwise in writing, we will take your acceptance of these terms to confirm your consent to the use of photographs of your participation in online webinars being posted on social media.
6. We own all intellectual property
Any intellectual property on the Websites and in any Services sold on the Websites belongs to us or has been lawfully licensed to us by third parties. This includes copyrights, trademarks, proprietary information, designs, patents and other intellectual property rights, trade secrets, business information, business names, logo, designs, text, videos, audio files, graphics, worksheets, fact sheets, templates, presentation slides, other files and software (the Content). Your use of the Websites, including purchase of or access to any Services or Content, does not grant or transfer any rights, title or interest to you in relation to the Websites, Services or the Content except as specifically allowed by these Terms.
7. You must not use the Content for commercial purposes
When you purchase Services from us, including any written, audio or video Content, we grant you a limited, revocable, non-exclusive and non-transferable licence to listen to, download or stream that Content to your device, solely for your individual use.
You agree that you will not:
- modify, copy, reproduce, distribute or use the Services or the Content other than as set out in these Terms or otherwise with our prior written consent;
- publish, transmit or sell the Content to any third party;
- participate in the transfer, sale or commercial use or creation of derivative works from the Content; or
- display, reproduce or perform, or in any way commercially exploit in any format whatsoever any part of the Websites, the Services or the Content, without our prior written consent (including under any separate services agreement that you enter with us).
If we reasonably believe that you have commercially exploited our Websites, the Services or the Content or otherwise breached these Terms, we will immediately remove your access to and terminate your licence to use our Websites, Services and the Content. You will not be entitled to any refunded payments if your access is removed under this clause 7.
8. You must not use the Content for commercial purposes
You must never use the Websites, the Services or the Content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts; or
- to violate any international, Australian or state regulations or laws.
You agree that you will not:
- attempt to change, remove, deface, hack or otherwise interfere with the Websites, the Services or any Content published on the Websites;
- hack into any aspect of the Websites or the Services, corrupt data or cause annoyance to other users of the Websites or the Services;
- infringe upon any other person’s intellectual property, privacy or other proprietary rights;
- disclose any information that you access as a result of the Services, that is by its nature confidential;
- send any unsolicited advertising or promotional material (spam) to us or to other users with whom you come into contact on the Websites or via the Services;
- use the website to publish any content that is defamatory, libelous, indecent, sexually explicit, violent or discriminatory or threatening in nature; or
- attempt to affect the performance or functionality of any computer facilities accessed through the Websites.
9. What we will be liable for
The information and materials in the Content provided in the course of our Services is for educational purposes only. We accept no liability for reliance on the Services as business, financial or legal advice.
You warrant that you have not relied on any representations by us as to financial benefits, regulatory or legislative compliance, future income, project success or potential revenue or loss of any kind that may be derived from your use of the Services. You will undertake your own due diligence and seek professional advice (including legal advice) before applying any learnings from the Services, taking into account your own personal circumstances or the specific circumstances of your business.
Results and outcomes may vary from user to user, and we accept no responsibility for your expectation of a particular outcome in reliance on any advertising or client testimonials that appear on our Websites or elsewhere.
You indemnify and release us, our affiliates, officers, employees and agents from any loss, liability, claim or demand (including legal fees) incurred or made by you or any third party in connection with the Websites or the Services.
To the extent permitted by law, including the Australian Consumer Law, neither we nor any of our affiliates, officers, employees or agents is liable for any direct or indirect losses, liabilities, claims, actions, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims by third parties or any other losses arising from or in connection with your use of our Websites and the Services, your inability to access our Websites, interruption or outage of our Websites or any Content that is inaccurate, incomplete or out of date.
If the Services are subject to the provisions of the Australian Consumer Law, we limit our liability to replacing the Services or the payment of the cost of resupplying the Services.
10. Use of the Websites and the Services is at your risk
We endeavour to have the most accurate, reliable and up-to-date information on our Websites. Notwithstanding this, the Websites are provided on an “as is” and “as available” basis. To the maximum extent permitted by law (including the Australian Consumer Law), we make no representations or warranties about our Websites, the Content or the Services. In particular, we do not represent:
- suitability, reliability, completeness, security, accuracy or fitness of the Websites, Content and Services for any particular purpose;
- that access to the Websites or the Services will be free of any harmful components (including viruses) or other code that is harmful; or
- that there will no failure of communications or data storage.
The Websites may contain links to third-party websites. The content of third-party websites is developed and provided by others, and we are not responsible for their content. These links are provided solely as a convenience to you and not as an endorsement by us of the content on those other sites.
Any use of or reliance on the Websites, the Services or the Content is entirely at your own risk.
11. Payment
All prices advertised on the Websites are in Australian Dollars and exclude goods and services tax, which will be added to the price at the point of sale. Prices published on the Site may change at any time without advance notice to you.
Payment for courses or memberships sold as part of the Services is payable annually in advance by direct debit from your nominated bank account or credit card. Second and subsequent course fees will be debited on the anniversary of the first payment.
You may cancel the annual renewal of your course membership by notifying us in writing at least 30 days before a scheduled direct debit payment.
By submitting payment information, you authorise us to provide that information to third parties (such as our payment platform) to facilitate payment. You agree to verify any information requested by us or our payment platform for the purposes of acknowledging or completing any payment.
You authorise us or our payment platform to obtain or determine updated or replacement expiration dates for your credit card if the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
You warrant when purchasing Services that any credit card or payment information that you provide to us or to our payment platform is accurate and complete and that there are sufficient available/cleared funds in the nominated account to enable the direct debit to be honoured, and any charges incurred by you will be honoured by your financial institution or credit card company. You agree to pay any charges incurred by you, including any taxes, and that if your payment method is not honoured for any reason, you will pay any additional charges that we incur due to the failed payment.
12. Cancellation and refunds
As the Services and the materials on the Websites are digital in nature, we do not offer refunds except where required by the Australian Consumer Law. There is no cooling off period, and we do not offer refunds because you change your mind. The onus is on you to read all available information about the Services and these Terms, and to contact us if you have any questions.
If we agree or are required by law to grant you a refund:
- we will refund your money within 14 days after we become aware of the entitlement to a refund;
- we will immediately remove your access to the Websites and the Services; and
- you must immediately cease using and destroy any material provided to you or downloaded as part of the Services.
Being removed from any community created or managed in the course of the Services does not entitle you to any refund of the price.
You may cancel the annual renewal of your membership by notifying us in writing at least 30 days before a scheduled direct debit payment.
13. Termination and survival
In addition to all other rights to change or remove access to the Websites or the Services under these Terms and otherwise at law, we may terminate these Terms and your access to the Websites and the Services:
- if you breach the Terms and fail to remedy the breach within 7 days of our written notice to you;
- if the breach is incapable of remedy, immediately without notice in our absolute discretion.
If we terminate the Terms, all disclaimers and limitations of liability will survive the termination.
14. General
We are committed to protecting your privacy. Please read our separate privacy policy carefully.
These Terms, together with any changes agreed in writing, constitute the entire agreement between us and you in relation to your use of the Websites and the Services and supersede all previous communications, negotiations and agreements, whether oral, written or electronic.
If any of these Terms is found to be invalid or unenforceable by a court of law, that invalid or unenforceable term will be severed and will not affect the remainder of the Terms, which will continue in full force and effect.
The websites are based in Western Australia and these Terms are governed by the laws of Western Australia.
If you believe that a dispute has arisen between us in relation to the Services or these Terms, please contact us in writing so that we can both, acting in good faith, work to resolve the dispute as quickly as possible. Where a dispute cannot be resolved, you agree to submit to the jurisdiction of the courts of Western Australia.