1 General

1.1 The fairworkforsmallbusiness.com.au website ("Site") is delivered by the Council of Small Business Organisations of Australia Ltd (ABN 43 008 597 304) ("COSBOA"), funded by the Australian Government (Department of Education, Employment and Workplace Relations) Fair Work Education and Information Program ("Program") under a funding agreement dated 4 August 2009 ("Funding Agreement") to deliver information and education to small businesses. COSBOA is delivering the Site in conjunction with its industry partners, Workforce Guardian Pty Ltd (ABN 80 122 113 624) and Telstra Corporation Ltd (ABN 33 051 775 556) (all three together referred to as, "we", "our" or "us") in the terms set out below ("Terms").

1.2 The Site is an interactive information portal that contains information about the Federal Government's workplace relations reforms and the Fair Work Act 2009 (Cth) and applicable regulations, rules, codes or policies ("Workplace Laws"). The aim of the Site is to raise awareness about the reforms and legislation and how the Workplace Laws may affect you.

1.3 We may change the Terms from time to time and will ensure that the most up-to-date version of the Terms is published on the Site. If you continue to use the Site after we change the Terms, you will be taken to have accepted the updated Terms. We recommend that you check the Terms regularly for changes.

2 The Site

Content

2.1 Through the Site, we will give you access to an array of informative and interactive content about the Workplace Laws ("Content"), including online and interactive webinars, training material, fact sheets, guides and other general information, interactive online calculators (such as the Small Business Calculator Guide ("Calculator"), online forums, blogs, articles, interactive question and answer sessions, and newsletters. We will continually look at ways to update and improve the Content to maximise the value of the Site to you.

General guide only

2.2 The Content we make available on the Site is a general guide only. It is not a substitute for professional advice about the Workplace Laws. It is your responsibility to seek independent professional advice about how the Workplace Laws affect you relevant to your particular circumstances.

2.3 Any action you take as a result of views expressed on the Site, or influenced or based on standards and recommendations made by any person, organisation or entity as displayed on the Site, is taken entirely at your own risk.

Calculator

2.4 This Site contains an online Small Business Calculator Guide developed by us to provide high-level guidance as to how the Workplace Laws may affect your business. While every effort is made to ensure the information provided through the Calculator is accurate, any information obtained by you through the use of the Calculator is intended by us to serve as a general, high-level, indicative guide only and should not, under any circumstances, be relied upon as advice as to the position of your business under the Workplace Laws. There may be circumstances, particular to your business, that are not captured by the Calculator. You must obtain your own professional legal advice to assess or determine how the Workplace Laws will affect your business (for example, whether your business will be classed as a "small business" for the purposes of the Workplace Laws).

3 Third party content

3.1 This Site may contain links to third party websites and as part of the Content, materials prepared by or contributed to by third parties (such as materials provided by the Department of Education, Employment and Workplace Relations) ("Third Party Resources").

3.2 Third Party Resources are not within our control and we are not responsible for any Third Party Resources, including their accuracy, completeness, availability or functionality. Any views or opinions expressed in Third Party Resources are not our views or opinions and we do not necessarily endorse any Third Party Resources (including any products or services offered by that third party) made available at or via the Site. Reliance on Third Party Resources is at your own risk.

4 Use of the Site

Your obligations

4.1 To ensure all users can enjoy this Site, when using the Site you must not:

(a) submit or transmit to this Site any material that:

(i) is unlawful, threatening, defamatory, pornographic, inflammatory, menacing, or offensive, or which otherwise inhibits other users from using or enjoying the Site;

(ii) infringes or violates another person's rights (including intellectual property rights) or privacy, or misuses another person's confidential information;

(iii) is damaging or could be damaging to us;

(b) engage in conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site;

(d) circumvent, disable or otherwise interfere with any security related features of the Site;

(e) not to use the Site or any content available at the Site for any commercial use;

(f) collect or harvest any personal data of any user of the Site; or use the Site for the solicitation of business in the course of trade or in connection with a commercial enterprise.

(g) knowingly transmit any virus or other disabling feature to or via the Forum, or use in any email to a third party, or this Site; and

(h) attempt to do any of these things or permit another person to do any of these things.

4.2 We may, but are not obliged, to review and moderate materials that you submit to the Site.

5 Intellectual property

5.1 Copyright in this Site and the Content (including, but not limited to, text, data, graphics, logos, icons, sound recordings, videos, forms, documents, newsletters and materials produced in connection with this Site) is owned or licensed by us (including licensed from the Commonwealth of Australia). Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by us, you may not in any form or by any means without our written permission adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site, or commercialise any Content obtained from any part of this Site.

5.2 Where you submit material to the Site (including questions, views, ideas and expressions of views and ideas), you grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide right to use, copy or otherwise deal with (including the right to sublicense) any intellectual property rights in the material, for any purpose that we see fit, and agree to its public disclosure.

6 Privacy and security

6.1 We may use, collect and disclose information provided by you on the Site in accordance with our Privacy Statement <insert hyperlink>.

6.2 We take a range of security measures to protect this Site from unauthorised access. However, we do not accept liability for any interference with or damage to your computer system, software or data that happens while using this Site.

7 Liability

Our liability to you

7.1 We take reasonable care and skill in providing this Site and in making this Site and the Content available. However:

(a) this Site and the Content is provided "as is" and we do not warrant or represent that it is complete, accurate, current or free from errors or omissions, programming bugs or viruses or secure;

(b) we accept no liability or responsibility for any loss or damage arising from your reliance, either wholly or in part, upon the accuracy or reliability of the information obtained by you through your use of the Calculators;

(c) the availability of this Site may be subject to numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that the availability of this Site will be continuous or uninterrupted, that any defects will be corrected, or that the Site or server that makes it available are free of viruses; and

(d) we make no warranties or representations in relation to Third Party Resources.

7.2 We accept liability to you for breach of contract or negligence under the principles applied by the courts, but to the extent permitted by law:

(a) we do not accept liability to you for any loss that results from your use of the Site or the Content;

(b) if our liability to you cannot be excluded under law but may be limited, we limit our liability to re-supplying the relevant services or paying the cost of re-supply, at our option, where it is fair and reasonable to do so;

(c) subject to clause 7.2(b), we will not be liable under any other cause of action in connection with the Terms or your use of this Site for any loss or damage (including special, indirect or consequential loss or damage, loss of revenue, loss of profit, unavailability of systems or loss of data); and

(d) we will not be liable for any loss:

(i) to the extent that it is caused by you (for example, through your negligence or breach of contract) or results from your failure to take reasonable steps to avoid or minimise your loss; or

(ii) caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).

Your liability to us

7.3 You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).

7.4 You indemnify us, our employees, agents and contractors against any claims, damages, costs, losses and expenses that arise (directly or indirectly) out of the material you submit on the Site or your breach of these Terms.

8 Other

8.1 We may make changes to the Site or discontinue the Site at any time and without notice to you.

8.2 We may immediately suspend, terminate or limit your access to the Site if you are in breach of the Terms, there is an emergency or if we are required to do so by law.

8.3 The Terms are governed by the law in force in New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them when determining any dispute concerning the Terms.

8.4 If we do not act in relation to a breach by you of the Terms, this does not waive our right to act with respect to subsequent or similar breaches.

Terms of Use