Emegeia (Pty) Ltd (‘Company’) is a proprietary limited company bearing ACN 637 863 248 duly registered under the laws of Commonwealth of Australia (‘Australia’) and having its registered office at Suite 03, 1044A Dandenong Road, Carnegie, Victoria 3163, Melbourne, Australia.
These are the Terms and Conditions the User must agree to prior to using the services provided by the Company. These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the ‘Iconn HRM Services”).
PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICES OF THE COMPANY. BY ACCESSING OR USING COMPANY’S ICONN HRM SOFTWARE OR SERVICES OFFERING, YOU AS THE USER SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING AND/OR OTHERWISE USING THE ICONN HRM SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWS OR OTHERWISE USE THE PLATFORM OR THE ICONN HRM SERVICES.
In this Agreement, ‘User’ or ‘User’s’ means any person or entity (‘Users’) using the Service. Unless otherwise stated, ‘Emageia (Pty) Ltd’, ‘Iconn HRM services’, “we” or "our" will refer collectively to, Emageia (Pty) Ltd, its officers, directors, agents, subsidiaries, joint ventures, employees and suppliers.
In this document the following definitions shall apply;
‘Iconn HRM Services’ means Services provided by the Iconn HRM software.
‘User’ means a natural or legal person who has accepted these Terms with and who is The permitted to use the Iconn HRM service facility.
‘Account’ means the primary means for accessing and using the Iconn HRM Services, subject to payment of a Fee designated in the selected Plan.
‘Intellectual Property Rights’ Any and all rights of copying design right know how patent design trademark and any other intellectual property rights of any description whether the rights of the Emageia (Pty) Ltd therein were acquired by way of acquisition assignment or other mode.
‘Content’ means any data and information available through Iconn HRM Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials, and any comments.
Clause headings are inserted for convenience of reference and shall not affect the interpretation of this agreement. Unless the context otherwise requires, words importing the singular shall include the plural and Vice-versa.
Usage of Iconn HRM Services is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of a User, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.
You may accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the Terms which will also provide an option for you to read this agreement prior to acceptance of the Terms of Service.
You may not, without Company’s prior written consent, access the Iconn HRM Services (i) for production purposes, (ii) if you are a competitor of the Company, (iii) to monitor the availability, performance or functionality of the Iconn HRM Services or (iv) for other benchmarking or competitive purposes.
Once accepted, these Terms remain effective until terminated as provided for herein.
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the Iconn HRM Services. Please check these Terms periodically for changes. Your continued use of the Iconn HRM Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Iconn HRM Services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Company will be governed by the Terms in effect at the time such dispute arose.
We provide an array of services which helps you to deliver an efficient and an effective way of managing your entire employee life cycle on a single integrated platform which includes but not limited to Timesheets, Attendance Management, Payroll Management, Leave Tracking, Training Management, HR Case Management, Easy Expense Tracking, Applicant Tracking System when recruiting employees etc. You may use the Services for your business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the Services.
Once the terms have been accepted by the User, the User will be required to create his/her user account and the password (‘Login Credentials’) in order to log into his/her account. These Login Credentials must not be used by multiple persons. If the User has designated several Users, each User will have to create separate Login Credentials to log into their accounts. The User and each Users are responsible for keeping confidential all login credentials associated with an Account. You must promptly notify Company:
A new User may be entitled to a 30 day Free Trial, unless the User has applied for the Account as a result of an ongoing marketing campaign organized by the Company. The User is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, you will be provided with two options. That is either to insert your credit card information in order to continue the services by selecting an appropriate plan or an option to deactivate your account to discontinue the services.
The Service may include certain communications from Iconn HRM, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 7 days of receiving the complaint forwarded by us. If you do not respond to the complainant within 7 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 7 days’ time limit will be construed as your consent to disclosure of your name and contact information by us to the complainant.
Company shall provide reasonable technical support to the User and its authorized User at the reasonable request of the User. Company shall respond to enquiries of support from a User utilizing the contacts set forth below as soon as reasonably possible.
The contacts for all enquiries of support are:
The use of an Account is subject to a Fee. Upon sign-up for an Account, the User must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the User did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, User elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.
All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. User is solely responsible for the payment of such taxes, levies or duties.
Any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Company. In such an event, the User’s credit card on file with the Company will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of User Data.
Company may seek pre-authorization of User’s payment card account prior to your purchase of Iconn HRM Services in order to verify that the card is valid and has the necessary funds or credit available to cover your purchase. You authorize such payment card account to pay any amounts described herein, and authorize Company to charge all sums described in these Terms to such card account. You agree to provide Company updated information regarding your payment card account upon Company’s request and any time the information earlier provided is no longer valid.
In some markets Company may, if User elects, request that User complete a direct debit mandate to enable direct debit payments. In such cases Company shall comply with all applicable national rules and regulations related to direct debit payments.
If Company has not sought pre-authorization of your payment card, then before the end of each payment interval, User will be issued an electronic invoice for payment of the Fee of the next payment interval. User must pay the invoice by the due date indicated on the invoice.
Upon delay with any payments, Company may require the User to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered.
The Users may use the Iconn HRM Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, The User may not:
The User may not, without Company’s prior express written consent (e-mail, fax, Skype, etc.):
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and an option to back-up your data. And if you do not make the payment within 7 days from the date of the said notice, we reserve the right to deactivate your account and discontinue to provide the service to you. The data deletion policy may be implemented with respect to any or all of the Services.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
The Iconn HRM Services, Iconn HRM Materials, Iconn HRM trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Company and its third party vendors and hosting partners. Iconn HRM Materials are protected by copyright, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Company, its affiliates and licensors retains all right, title and interest in such Iconn HRM Services, Iconn HRM Materials, Iconn HRM trade names and trademarks, and any parts or elements. Your use of the Iconn HRM Services and Iconn HRM Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Iconn HRM Materials is strictly prohibited unless you have received the express prior written permission from Company or the otherwise applicable rights holder. Company reserves all rights to the Iconn HRM Services, Iconn HRM Materials and Iconn HRM trade names and trademarks not expressly granted in the Terms.
Subject to these Terms and the payment of the applicable service Fee, Company grants the User a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the Iconn HRM Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Iconn HRM Services or as otherwise permitted by applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ICONN HRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ICONN HRM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ICONN HRM, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ICONN HRM AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY USER HEREUNDER FOR THE ICONN HRM SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT USER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION ABOVE. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You agree to defend, indemnify and hold harmless Company and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Iconn HRM Services, Iconn HRM Materials, representations made to the Company, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with such defense of these claims. If a third party makes a claim against Company that the User Content infringes any patent, copyright or trademark, or misappropriates any trade secret, User shall defend the Company and its directors, officers and employees against the claim at User’s expense and the User shall pay all losses, damages and expenses (including reasonable attorneys’ fees) finally awarded against such parties or agreed to in a written settlement agreement signed by User, to the extent arising from the claim.
Conditions for Indemnification. A party seeking indemnification under this section shall (a) promptly notify the other party of the claim, (b) give the other party sole control of the defense and settlement of the claim, and (c) provide, at the other party’s expense for out-of-pocket expenses, the assistance, information and authority reasonably requested by the other party in the defense and settlement of the claim.
Either party may terminate this Agreement on thirty (30) days’ notice to the other provided that the Company shall be entitled to terminate this Agreement immediately in the event of a material breach or threatened breach of it by the User or upon closure of the User account(s) with Iconn HRM or in the opinion of the Company that the User or any of its employees or agents pose a potential threat to the security of Iconn HRM facility.
Upon termination for any reason the User’s ability to use Iconn HRM facility and any material or information provided for that purpose shall cease forthwith and the User shall immediately return to the Company all materials, including all copies thereof, and erase any content related to Iconn HRM of held on storage and the Company shall be entitled to destroy or make ineffective all Passwords given to Prime Delegates of such User.
This Agreement is to be governed by and construed in accordance with the laws of Australia and each Party submits to the exclusive jurisdiction of the courts in Australia.
The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the User and the Company, and the User shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.
User acknowledges these terms are provided on a non-exclusive basis. Nothing shall be deemed to prevent or restrict Company’s ability to provide the Iconn HRM Services or other technology, including any features or functionality first developed for the User, to other parties.
If the performance of obligations under this Agreement by a Party hereto is prevented, restricted or interfered with by reason of any contingencies which could not have been reasonably avoided, such failure or non- performance of obligations shall be overlooked for so long as the inability to so perform continues and such failure or non -performance shall not constitute a default hereunder or give rise to any claim for damages. Such contingencies shall include lock-outs, strikes or other concerted acts of workmen, fire, flood, explosion, actions of elements, riots, sabotage, Acts of God, Acts of Government, war or enemy action etc. If such event prevails in excess of six months, the Parties hereto shall consult each other regarding future implementation of the Agreement.
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
These Terms are the entire agreement between the User and the Company regarding User’s use of the Iconn HRM Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
User may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Company’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the User, or its permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the User, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the User, or its permitted successive assignees or transferees.
Failure of either Party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
Except as otherwise permitted in these Terms, all notices related to these Terms shall be in writing and shall be deemed to have been given (a) five (5) working days after mailing if sent by registered mail, (b) when transmitted if sent by facsimile, provided that a copy of the notice is promptly sent by another means specified in this section, or (c) when delivered if delivered personally or sent by express courier service (d) when sent by email at the time of dispatch. All other notices to you will be addressed to the relevant Services system administrator designated by you.
Should you require any clarification on the Agreement, do not hesitate to contact us on firstname.lastname@example.org.