- The individual and the business / company entity that register for Membership are both jointly and severally liable under these terms, and Membership is not transferable without the express written consent of Fair Work Centre.
- Members may access their online Member Account 24 hours a day, 7 days a week, subject to the system being temporarily unavailable due to circumstances beyond Fair Work Centre’s control, and / or due to scheduled maintenance, where upon Members will be provided with advance notice of such maintenance.
- One (1) advice is deemed to be the equivalent of a phone and / or online advice consultation of up to fifteen (15) minutes in duration, and any unused advice credits in each twelve month period do not accrue from year to year if unused in a previous twelve month period. The provision of advice under any Membership Package does not include the review and / or perusal of doumentation provided by a Member, nor does it include the drafting of written correspondence by Fair Work Centre on behalf of a Member. Membership packages which include unlimited advices are subject to fair use, and where Fair Work Centre is of the reasonable opinion that a Member is requesting an amount of advisory services that is not consistent with a fair use of that service, it may limit that Member's use of advice to one hour per month.
- Any advice and / or other service provided to Members does not constitute legal advice, and our services are not tantamount to engaging in legal practice as defined under applicable state and federal laws.
- All templates and documents available on our website are in standard form, and may not suit a Member's individual business needs.
- Independent legal advice should be obtained before using any template or document obtained from our website, or relying on any of the information contained on our website.
- Fair Work Centre assumes no responsibility for the accuracy of any information or document contained on its website, and accepts no liability for any loss or damage which may arise from the reliance of any information or document contained on its website.
- Fair Work Centre owns the absolute copyright in any information or document contained on its website.
- Fair Work Centre licences each Member to use any document obtained from its website for the purposes of operating their business only, except where the Member’s business involves reselling or redistributing such documents.
- No document obtained from Fair Work Centre’s website may be reproduced, resold or distributed, including (but not limited to) as part of an industry community, buying group, association or the like.
- A breach of any of these terms by a Member will immediately entitle Fair Work Centre to cancel that Member’s Membership and retain the entire of the Membership fees for that Membership year, in addition to commencing legal proceedings for the purpose of recovering damages for such a breach.
- Where a term contained herein is inconsistent with anything displayed on Fair Work Centre’s website or any promotional material distributed by Fair Work Centre, the term contained herein will prevail to the extent of the inconsistency.
- Fair Work Centre may assign and / or transfer its rights and obligations to another party (“the transferee”) at any time, and in such circumstances, these terms will automatically form part of the membership agreement between each member individually and the transferee.
- The terms of this agreement will be governed by the laws of New South Wales.
MONTHLY MEMBERSHIP PACKAGES
- Clauses 16 to 19 only apply to Monthly Members that are required to pay a monthly fee.
- A Monthly Member is liable to pay the agreed monthly fee each month for at least the initial Term, and until the expiration of any notice period of cancellation (see below). Where a Monthly Member upgrades or downloads their Membership, that Member will be liable to pay the agreed monthly fee each month for at least the Term which is to commence on the date of the upgrade or downgrade as the case may be.
- A Monthly Member may cancel their Membership (which may only take effect at any point after the initial Term has expired) by providing six (6) months' prior notice from within their Member Account (login and click on 'My Account' / 'Services' / 'View Modify' / 'Request Cancellation'). To avoid doubt, notice may be provided within the initial Term, provided that the Monthly Member's Membership continues for at least the initial Term.
- Where a Monthly Member's fee remains outstanding for sixty (60) days, Fair Work Centre will be entitled to recover the total of all unpaid and future monthly fees that are and / or will be payable to the end of the initial Term, or a period of six (6) months, whichever is greater.
ANNUAL MEMBERSHIP PACKAGES
- Clauses 20 to 24 only apply to Annual Members that are required to pay an upfront annual fee in advance.
- An Annual Member’s Membership year commences immediately upon registration (this date becoming known as the Member's 'anniversary date'), and an Annual Member is required to pay the annual fee upon registration and on each anniversary date unless the Membership is cancelled in accordance with these terms.
- Where an Annual Member wishes to cancel their Membership, they may only do so from within their Member Account at any time (login and click on 'My Account' / 'Services' / 'View Modify' / 'Request Cancellation'), provided that the Member has paid the annual fee that relates to that Membership Year.
- Where Member does not cancel their annual Membership before their anniversary date, that Member’s Membership will automatically be renewed for a further Term on their anniversary date, and the Member will immediately become liable to pay the annual Membership fee for a further Term.
- Where a Member’s annual Membership is automatically renewed for a following Term in accordance with these terms, the Member authorises Fair Work Centre to charge the Member's credit card on the anniversary date for the renewed Term's Membership fee.
- In these terms, the words below have the following meanings:
“Advice” means basic advice and information relating to the operation of the Fair Work Act 2009 (Cth), the Fair Work Regulations 2009 (Cth) and any Modern Award;
“Business hours” means the hours between 9:00am and 5:00pm (AEST) on a business day”;
“Business day” means any day between Monday and Friday (inclusive), and excludes a national public holiday and a day declared by or under the law of any state and / or territory to be observed generally as a public holiday.
“Term” means a period of twelve (12) months.