Terms and Conditions for Website Access

Welcome to the Professional Hospitality Pty Ltd (PH) services, tools and software (collectively the Professional Hospitality service) provided to you by PH (“we” “us” “our” or “Professional Hospitality”). It is important you take the time to read the terms and conditions carefully. The terms and conditions in this document set out the terms of an agreement between you and PH.

Acceptance of Terms

These terms apply to you as a client of PH, or as an employee of a client of PH. As an individual who registers to use the PH website/services your registration indicates your irrevocable acceptance of the following terms and conditions. If you are an individual acting as a representative of a corporation or other legal entity which uses the PH website/services you represent and agree that you have authority to irrevocably accept these terms and conditions on behalf of such a corporation or other legal entity and that all provisions of these terms and conditions will bind that corporation or other legal entity as if it were named in these terms and conditions in place of you. In order to use the website/services of PH you must agree to accept the terms and conditions. If you do not accept these terms and conditions, you must not use the PH website/services and should leave the website immediately. You can accept the terms and conditions by clicking the box provided.

Provision of Services

PH’s website/services provide you with a variety of services and resources. From time to time the services and /or resources require updates, enhancements and/or new features. PH makes every effort for the website to be running smoothly and fault free. PH takes no responsibility for, and will not be liable for, the website being temporarily unavailable for reasons of maintenance /upgrades or due to any technical issues. The PH website contains links to external websites not under our control. PH accepts no responsibility for or liability in respect of the content of these sites. PH does not accept responsibility for having reviewed or approved the content of these external sites. Once you have left the PH website we accept no responsibility for or liability in respect to the protection and privacy of any information you provide whilst visiting such external websites. The use of these links is at your own risk.

Arrangements regarding superannuation fund choices

You acknowledge and agree that:

• as part of providing online induction services, PH may from time to time partner with one or more superannuation funds including for the    purposes of including such superannuation fund as a choice of fund to inductees in the online induction program and/or venue portal;
such superannuation fund may be an employer’s default superannuation fund, or in addition to an employer’s default superannuation fund;
• PH may receive a fee or fees from a superannuation fund in relation to this arrangement and you consent to this arrangement as part of PH providing these services to you;
• employers are solely responsible for complying with any relevant superannuation obligations applicable to employers, including but not limited to, ensuring that employees are registered for superannuation purposes, that an employee’s nominated superannuation fund is notified of the employee’s superannuation selection within the prescribed time limits and retaining appropriate records of an employee’s superannuation selection; and
• no service offered by PH will relieve an employer from its obligation to ensure compliance with its superannuation obligations as an employer.

If you are a client of PH, you agree to notify PH immediately where you wish to induct an inductee or inductees and such person(s) are prohibited from selecting their own superannuation fund, for example because:

• an employee’s super is or will be paid under a state award or industrial agreement;
• an employee’s super is or will be paid under certain workplace agreements, including some Australian Workplace Agreements;
• the employee is or will be a federal or state public sector employee, excluded from super choice by law or regulations; or
• the employee is or will be in a particular type of defined benefit fund or has already reached a certain level of benefit in that super fund.

Use of the PH Website/Services

The software and services available on this website are available solely for use by end users according to the terms of PH’s engagement agreement with PH’s client. Any use, reproduction or redistribution of the software and/or services not in accordance with our terms and conditions is expressly prohibited. You will not use this software and/or services for any purpose that is unlawful or prohibited by the terms and conditions. You will not post or transmit on the site fraudulent, inaccurate, incomplete or false, misleading or deceptive information about yourself or your employer nor will you post any libelous, abusive, threatening, harmful vulgar obscene or otherwise objectionable material. You will not take any action that adversely affects the reputation of PH. Further you will not post or transmit on the website any material which contains any virus or other disabling devices that may interfere with the operation of the website, or which alters or deletes any information which you have no authority to alter or delete. You will not use any device, routine or software to crash, delay, or otherwise damage the operation of this website. You agree not to access or attempt to access any PH software and/or services you are not authorised to access. PH in its sole discretion shall determine your compliance with the above and has the right to prevent you from using the website and/or to immediately delete from the website without prior notice any material that it deems not to comply or to be objectionable for any reason.

Personal Information and Security

As part of the registration process to access PH services, personal information such as your name and address, contact information including email address, demographic information such as address and postcode and other information as required by PH will be collected.  You agree that all times you will provide true, accurate, current and complete information about yourself and maintain and promptly update your information to keep it true, accurate, current and complete.PH is committed to ensuring your privacy is protected.

PH’s Privacy Policy can be found at www.professionalhospitality.com.au.

 When PH is notified by your or your client employer that you have ceased employment with your registered client employer, your login access will be removed.

While your registration with PH is current, you expressly authorize and consent to PH contacting you by email, phone or post as part of PH’s contractual obligations to your employer; and for secondary/ marketing purposes . You have the option to discontinue receiving our secondary marketing contact/communications at any time (but not in relation to our primary contractual obligations)by clicking on the de-registration link on the bottom of email communication.

Employee Induction Program

The PH system provides employees/individuals/venues with an online induction system containing specific information about your employer/the venue.  Employees must complete this induction as part of their employment.  By ticking the Terms and Conditions at your Online Registration, you acknowledge that you will complete the induction and will abide by the information provided in the induction and by these terms and conditions.  At the completion of your induction you will be asked to acknowledge that you have read all links in the Induction.  The links include venue policies and procedures, government forms, Acts, legislation and other relevant links that your employer requires you to read and comply with.

Login Access Code and Password

To register as a user of the PH services a login access code will be provided to you and you will require a personal password. You are solely responsible for the security and proper use of both your login access and your password. You are solely responsible for any and all activities that occur under your login access and password. The login access and your password should be kept confidential at all times and not disclosed to anyone. You must notify your employer and PH immediately if you believe that your password is being used in an unauthorized or improper way or may have the potential to be used as such. PH accepts no liability for any unauthorised or improper use of disclosure of any password. PH will not be liable for any loss or damage arising from your failure to maintain control over your personal login details.

Restricted Access

Access to corporate client areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If as a client PH provides you with a login access code and password to enable you to access restricted areas, in particular your corporate area of our website or services, you must ensure that that login access code and password is kept confidential. You accept responsibility for all activities that occur under your login access code and password.

Cookies

Cookies are data that a website transfers to an individual's hard drive for record-keeping purposes. Cookies help analysis of web traffic or let you know when you visit a particular site. They allow us to track usage patterns identifying pages being used and to compile data that can help us improve our content. By using our website you authorise us to collect and use this information. If you do not want information collected through the use of Cookies there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature.  This applies to employees and venues.

Provision of Information and Content Control

You will disclose any matter relevant to the service being provided and provide required documentation, assistance and cooperation reasonably necessary to permit PH to provide the service in a timely and efficient manner. You agree that in no event shall PH be liable for any relevant matters not disclosed by you.  PH does not control the content within the policies and procedures of the client and as host to this content does not guarantee the accuracy, integrity or quality of such content.  PH provides our clients with a high quality, generic induction that includes policies and links.  Final sign off of all content and links is the sole responsibility of the client.  PH accepts no liability for the final induction version which may include specific venue content.   Any changes will be approved by the client/venue before uploading content. The client will evaluate, approve and bear all risks associated with the use of any content including any reliance on the accuracy and completeness of such content. The client understands that such content is the sole responsibility of the client from which such content originated. This means that the client and not PH is entirely responsible for all content that you provided for upload or otherwise made available for PH service/deliverables to host.

Intellectual Property

PH or its related entities (as defined by the Corporations Act 2001 (Cth)) owns all right, title and interest in and to the services/deliverables including all intellectual property rights therein. PH reserves all rights to the services/deliverables that are not expressly granted to you herein. Nothing herein will be construed as granting you any property rights in the service/deliverables, or to any invention or other intellectual property right that has been issued or created, or that may issue or be created, based on the services/deliverables. You will not copy, reproduce, redistribute, rent, sell, assign, lease or otherwise use or transfer any services/deliverables or intellectual property rights by any means (including graphic, electronic or mechanical including the copying, recording, taping or information retrieval systems) without the written permission of PH (this includes the copying and/or use of services/deliverables/intellectual property in respect of venues or employees not covered by this agreement and/or provision of such information or property to third parties). We reserve all our rights. PH is innovative and continually aims to provide the best possible service for its clients. System updates may be implemented from time to time to improve, enhance and further develop PH services/resources. You agree that the services/resources PH provides may be updated from time to time without prior notice to you or the client.

Disclaimer and Limitation of Liability

To the extent permitted by law, PH is not responsible for any loss, damage, cost or expense of any nature whatsoever arising as a direct or indirect result of accessing the PH website or its content, or the uploading or downloading of any content to or from the website. Where PH is unable to exclude liability, it shall not be liable for any special, indirect or consequential loss including loss of profit.

PH expressly disclaims all and any liability and responsibility to any person, in respect of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of our services.

You hereby indemnify and hold harmless PH, its related entities (as defined in  the Corporations Act 2001 Cth) and their respective directors, officers, employees, agents, contractors and representatives (Indemnified Persons) for any loss, damage, cost or expense suffered or incurrent by any Indemnified Person arising out of the use of the website, a breach of these terms and conditions or arising out of any negligent, fraudulent or wilful or reckless acts or omissions by you, your related entities (as defined in the Corporations Act 2001 Cth) or their respective directors, officers, employees, agents, contractors and representatives.

Termination

PH in its sole discretion and at any time may amend the nature and content of the services or discontinue providing the services, or any part thereof, with or without notice, including in circumstances where the engagement agreement with the client is amended or terminated. PH in its sole discretion may terminate a client or employee’s login access and remove and discard any content within the PH website if PH believes that the client or employee have violated or acted inconsistently with the terms and conditions or the relevant engagement agreement. In such event, any other contracts, verbal or written or assumed, in conjunction with the login at PH’s discretion will be terminated as well. After cancellation or termination of your login PH will have no liability for information or content that is deleted due to the cancellation or termination of the login for any reason. PH reserves the right to amend these terms and conditions from time to time and amendments will come into effect when the terms and conditions are posted on the website. Users are advised to check the terms and conditions frequently to be aware of any amendments.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Queensland and you irrevocably submit unconditionally to the non-exclusive jurisdiction of the Courts of that State and of all Courts competent to hear appeals from them, in relation to any legal action, suit or proceeding arising out of or with respect to these terms and conditions.

Survival

This provision, the provisions relating to ‘Provision of Services’, ‘Personal Information and Security’, ‘Cookies’, ‘Provision of Information and Content Control’, ‘Intellectual Property’, ‘Disclaimer and Limitation of Liability’, ‘Termination’, ‘Governing Law and Jurisdiction’, and any other provision which by its nature is intended to survive termination, survive termination.

Entire agreement

These terms and conditions, together with any relevant engagement terms with a client of PH, constitute the entire agreement in relation to your use of our website, induction program, venue portal and all additional and related services that apply to you, your venue and your employees and supersede all other previous agreements in respect of your use of this website, induction program, venue portal and all additional services that apply to you, your venue and your employees. If there is any inconsistency between these terms and conditions and any relevant engagement agreement, the engagement agreement applies.

To proceed on the above basis, please click the box provided.