Position Description Template

Please Note: This product listing is a digital download. No physical item is included.

Once payment is completed via the Fiddes HR Shop and the Terms agreed to (tick box), the digital file with the HR product will be able to be downloaded.

Product Terms of Use – Downloadable HR Products

The Fiddes Group, ABN 45822946095, (“The Fiddes Group”) supplies human resource management & business management related services, advice & products (“Services”). The Fiddes Group is committed to providing professional & quality-orientated Services to all clients on the terms of this document.

The Product Terms of Use (the Terms) will govern use of the downloadable HR product (the Product), which apply to the written documents purchased. If there is any inconsistency between the Terms or any verbal or written deliverables, the Terms will prevail. Please read through these terms carefully.

• Use the documents provided in the Product for personal or organizational purposes.

• Not externally republish content from the Product materials without written permission.

• Not on-sell content from the Product materials.

• The items on the Product are specifically designed for personal or internal organisational republication purposes only. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights in these copyrighted materials by purchasing them.

• Subject to these Terms, after your purchase of The Product The Fiddes Group will provide you with a non-exclusive, non-transferable right to access and use the Product. The Fiddes Group reserves the right to upgrade the Product from time to time, with no obligation to maintain the Product already purchased by you.

• You may use the Product only for purposes of performing personal and/or internal business operations. You may not use the Product as part of a commercial time-sharing or service-bureau operation or in any other resale capacity. Except for the foregoing right to access and use the Product, no other rights in the Product are granted to you hereunder, and the Product is and will remain the sole and exclusive property of The Fiddes Group and its licensors, if any, whether the Product is separate or integrated with any other products, services or deliverables.

• Product Service Levels: The Fiddes Group will exercise due care & skill when providing the Product. The Fiddes Group does not accept responsibility for any delay in, or failure to receive the product where that delay is the result of any act of god, industrial dispute, act of a third party or failure on your part to meet your obligations. The Fiddes Group does not accept responsibility for the accuracy of information provided to it by you, or third parties under your direction.

• The Fiddes Group will not use for our own benefit or gain or divulge to any persons, firm, company or other organisation whatsoever any confidential information belonging to you or relating to your affairs or dealings, or the affairs or dealings of your clients which may come to The Fiddes Group’s knowledge in the course of The Fiddes Group’s engagement, except as authorised by you, as required by agreement or by any applicable State, Territory or Commonwealth law,

• General: You are responsible for ensuring the health & safety of The Fiddes Group employees, agents & subcontractors or any other person who comes into contact with them when The Fiddes Group provides Products and/or Services to you at your premises or while attending any other premises on your behalf.

• Confidential information: You are responsible for the protection of your Confidential Information & Intellectual Property. The Fiddes Group, its employees, agents & subcontractors will respect the confidentiality of your Confidential Information & Intellectual Property. Unless you specify information as confidential, The Fiddes Group is not liable for any claim arising from the use or misuse of your Confidential Information & Intellectual Property.

• In this clause & all other clauses referring to “Confidential Information”:

“Confidential Information” means information that is not in the public domain regarding you & your business. “Intellectual Property” means any rights & or title in or related to any trademarks or copyright works, documents, films, computer programs or sound recordings, know-how or trade secrets held by you or a related entity to you.

• Ownership of the Product: Ownership of all Products shall remain with The Fiddes Group.

• Use of the Product: You will be entitled to use the Product without any time limitations once the Product has been paid for. Continued use of the Product is at your discretion.

• The Fiddes Group ’s rights in the Product: does not restrict The Fiddes Group from using or reproducing the Product & does not grant you any rights to The Fiddes Group ’s trademarks, logo’s or other identifying marks.

• In this clause & all other clauses referring to “the Product”:

“The Product” can mean, but is not limited to, databases, web-based programming or pages, materials & documents brought into existence for the purpose of providing the Product and Services or incorporated in the materials or documents provided during the Product or Services.

 

11. Warranties

• The Product and/or Services are provided "as is" without warranty of any kind, and The Fiddes Group disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, correspondence to description, fitness for a particular purpose. The Fiddes Group does not represent or warrant but will make commercially reasonable efforts to ensure that the Product and/or Services are uninterrupted or error-free and that defects will be corrected.

• You agree that nothing in this agreement creates a relationship of employment, partnership or agency between you & The Fiddes Group, its employees, agents or subcontractors.

• The Fiddes Group and you will each comply with applicable laws and regulations including applicable security breach notifications laws, provided that The Fiddes Group is not responsible for compliance with laws or regulations applicable to you or your industry that are not also generally applicable to Human Resource Management and Business Management service providers.

• The Fiddes Group is not liable for any loss, damage, costs or compensation (whether direct or indirect) which may be suffered by the you, or for which you may become liable, arising from your use of the Product or the performance of the Services, unless the loss, damage, cost or compensation was caused by a breach of the Terms of Business by The Fiddes Group. The Fiddes Group’s liability shall not include punitive or exemplary damages or consequential loss including loss of profits. This clause does not vary the disclaimer of liability. Any liability of The Fiddes Group will be reduced to the extent of your contributory negligence (if any) or the negligence of a third party.

• All fees payable under these Terms of Business are exclusive of GST. GST will be added to the fee at the prevailing rate when it is assessed to be applicable.

• This document contains proprietary information. Except with the written permission of the owner of The Fiddes Group, this document, or its contents, shall not be published or disclosed to others or used for any other purpose, or duplicated in whole or part.

• For purposes of these Terms, "Confidential Information" means any information, regardless of form, proprietary to or maintained in confidence by either party, including, without limitation, any Client Data, information, technical data or know-how relating to discoveries, ideas, inventions, software, designs, specifications, processes, systems, diagrams, research, development, business plans, strategies or opportunities, and information related to finances, costs, prices, suppliers, vendors, Clients and employees which is disclosed by either party or on its behalf whether directly or indirectly, orally, visually, or in writing, to the other party or any of its employees or agents. The terms and conditions of any order for The Fiddes Group products or services shall be deemed the Confidential Information of both The Fiddes Group and Client.

• You will have no obligation with respect to any portion of the Confidential Information which:

· Is now, or hereafter becomes, through no act or failure to act on the part of you, generally known or available to the public;

· Was acquired by you before receiving such information from The Fiddes Group and without restriction as to use or disclosure;

· Is hereafter rightfully furnished to you by a third party, without restriction as to use or disclosure;

· Is information that was independently developed by you without reference to Confidential Information received hereunder; or

· Is disclosed with the prior written consent of The Fiddes Group. You may disclose Confidential Information pursuant to the requirements of a governmental agency or operation of law, provided that it gives The Fiddes Group reasonable advance notice sufficient to contest such requirement of disclosure, unless it is prevented from providing such notice by the government agency or operation of law.

Payment & Delivery: Once payment is completed via The Fiddes Group Shop and the Terms agreed to (tick box), the digital file with the HR product will be able to be downloaded.