Hillen HR Pty Ltd (My HR Partner) – Fair Use Policy
Definitions and interpretation
In the terms and conditions on this page:
- “Intellectual Property Rights” means all intellectual property rights, including copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;
- “Permitted Purpose” means the bona fide use of any provided document for genuine internal human resources purposes for you or your business solely;
- “User Documents” means all of the documents obtained from Hillen HR Pty Ltd and delivered to you via the website;
Fair Use
Without limitation to any other requirements imposed on the use of the User Documents, you must not:
- use the User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with any terms we may impose from time to time;
- use the User Documents in any way that could damage the reputation of Hillen HR Pty Ltd or the goodwill or Intellectual Property Rights of Hillen HR Pty Ltd associated with the User Documents;
- permit any third party to use the User Documents without Hillen HR Pty Ltd’s prior written consent;
- assign, sub-licence or otherwise deal in any other way with any of your rights without our prior written consent;
- disclose your password(s) to any third party;
- copy, reproduce, translate, adapt, vary or modify any User Document or create any derivative works based upon the User Documents, other than pursuant to the license granted to you under the heading “License” on this page below;
- modify or remove any copyright or proprietary notices pertaining to the User Documents; or
- engage in any conduct that, in the opinion of Hillen HR Pty Ltd at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate any content of any User Documents.
Licence
Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and continued compliance with all of the provisions of our terms of use as notified from time to time, Hillen HR Pty Ltd hereby grants to you a perpetual licence to keep, use and reproduce all User Documents validly produced by you in accordance with our terms of use as notified to you from time to time provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.
No amendment or alteration is permitted to be made to the User Document (including any addition to, and/or deletion from, that User Document) without the consent of Hillen HR Pty Ltd.
Ownership of Intellectual Property Rights
You acknowledge and agree that:
- Hillen HR Pty Ltd does not transfer or assign any Intellectual Property Rights to you;
- your use of our site and/or client portal does not transfer or assign any Intellectual Property Rights to you;
- Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents, other than rights temporarily granted to you pursuant to the licence under the heading “License” on this page;
- Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents and you have no Intellectual Property Rights or any other rights in any part of the User Documents other than:
- the rights granted to you pursuant to the license under the heading “License” on this page above; and
- in respect of your own data.
Consequences of Violation
Hillen HR Pty Ltd reserves all of its rights in relation to any breach of our terms, including any violation of this Fair Use Policy, including the right to seek injunctive relief and the right to sue for damages. Without limitation to those rights, if Hillen HR Pty Ltd finds that you have used the User Documents other than in accordance with our terms, Hillen HR Pty Ltd reserves the right to, without notice to you:
- limit your subscription; and/or
- suspend or terminate your subscription.