Terms of Use

1. Acceptance of Terms

By accessing or using Where's the employment contract?'s services, you agree to be bound by these Terms of Use and our Privacy Policy. These terms constitute a binding agreement between you and Where's the employment contract? in accordance with Australian Consumer Law. If you do not agree to these terms, please do not use our services.

2. Service Description

Where's the employment contract? provides cloud-based HR document management services, including:

• Document storage, organization, and retrieval
• Fair Work Act compliance tracking and alerts
• Secure document sharing and collaboration tools
• HR workflow automation and task management
• Reporting and analytics on HR document compliance

3. Account Registration and Eligibility

You must be at least 18 years old and have the authority to bind your organization to these terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must provide accurate and complete information during registration and keep this information updated.

4. Subscription and Payment Terms

5. Acceptable Use Policy

You agree not to:

• Upload or store content that violates Australian law or regulations
• Use the service for any unlawful purpose or to violate privacy rights
• Attempt to gain unauthorized access to our systems or other users' data
• Reverse engineer, modify, or create derivative works of our software
• Resell or redistribute our services without written permission
• Use automated systems to access or interact with our services excessively

6. Data Security and Backup

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. While we maintain regular backups, you remain responsible for maintaining copies of your critical data. We cannot guarantee 100% uptime or absolute data security, though we strive to provide reliable service.

7. Fair Work Act Compliance

Our service includes features designed to help with Fair Work Act compliance, including document retention schedules and compliance alerts. However, you remain solely responsible for ensuring your HR practices comply with all applicable Australian employment laws. Our tools are aids to compliance, not legal advice.

8. Intellectual Property Rights

You retain ownership of all data and documents you upload to our service. We retain ownership of our software, technology, and service improvements. By using our service, you grant us a limited license to process your data solely for the purpose of providing our services. We will not use your confidential business information for any other purpose.

9. Service Availability and Maintenance

We aim to provide 99.5% uptime but may occasionally need to perform maintenance or updates. We will provide reasonable notice for planned maintenance. We are not liable for service interruptions caused by circumstances beyond our reasonable control, including internet connectivity issues, third-party service failures, or force majeure events.

10. Limitation of Liability

Subject to Australian Consumer Law, our total liability to you is limited to the amount you paid for our services in the 12 months preceding the claim. We exclude liability for indirect, consequential, or special damages. Nothing in these terms excludes warranties or liabilities that cannot be excluded under Australian Consumer Law, including consumer guarantees for services.

11. Australian Consumer Law Rights

Our services come with consumer guarantees that cannot be excluded under Australian Consumer Law. If our services fail to meet these guarantees, you may be entitled to a remedy including repair, replacement, or refund. For major failures, you may cancel the service contract and obtain a refund or seek compensation for the drop in value.

12. Termination

13. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which complies with the Australian Privacy Act 1988. By using our services, you consent to our Privacy Policy. We may transfer data to overseas service providers who are bound by privacy obligations equivalent to Australian privacy laws.

14. Updates to Terms

We may update these terms from time to time to reflect changes in our services or legal requirements. Significant changes will be communicated via email or through our service with at least 30 days' notice. Continued use of our services after changes take effect constitutes acceptance of the updated terms.

15. Dispute Resolution

We encourage you to contact us directly to resolve any disputes. If a dispute cannot be resolved directly, it will be governed by Australian law and subject to the jurisdiction of Australian courts. For consumer disputes, you may also contact your state or territory consumer protection agency or the Australian Competition and Consumer Commission (ACCC).

16. Force Majeure

We will not be liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, internet service provider failures, cyberattacks, or other force majeure events. We will make reasonable efforts to mitigate such disruptions and resume normal service as soon as possible.

17. Entire Agreement

These Terms of Use, together with our Privacy Policy and any additional terms specific to certain features, constitute the entire agreement between you and Where's the employment contract?. If any provision is found unenforceable, the remaining provisions will continue in full effect.

18. Contact Information

If you have questions about these terms or need to contact us regarding your account, please reach out to us: