Trading terms and conditions of MYHR Ltd.
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Services. We look forward to seeing you again when you are over 18.
We are: MYHR Ltd
Our address is: 43 Honan Place, Avondale, Auckland, New Zealand
You are: a visitor to Our Website / our customer
The terms and conditions
In this agreement:
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 In any event to you as a buyer or prospective buyer of our Services.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
2.5 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied, plus you may be required to agree to additional terms which will be supplied to you.
2.6 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than  days from the date of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
3.5 Your MYHR account is restricted to 2 users for document security purposes. The information contained within your MYHR space, about your employees, is strictly private and confidential and must be protected. These terms and conditions apply in their entirety to both account users.
4 Price, payment and service provision
4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
4.2 You agree to pay the one-off or monthly or annual charge for the Services, from the credit card, information for which you have or will have supplied to us. You authorise us to arrange withdrawal of funds on this card immediately or each month or each year (depending on the Services purchased) without further reference to you.
4.3 Payments are paid in advance at the beginning of each month or each year.
4.4 Payments are non-refundable, unless otherwise agreed at our sole discretion.
4.5 Our Services will be provided by email or on our Website or over the phone, making them available for you in the way we have explained in our Website.
4.6 If we are not able to provide your Services within  days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
4.7 You may cancel provision of the Services at any time on giving us twelve  clear weeks notice. Payment will be due until the expiry of the notice period.
4.8 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
4.9 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
4.10 You may not share or allow others to use the Services in your name.
4.11 Pricing for MYHR membership is based on the number of employees in the member company. Members may employ up to the maximum number of people identified in each tier. Beyond this number services will not be available to the client without paying for the higher tier of membership. For a short term extension period of up to 3 months the full monthly fee for the next tier is payable. For a long term or permanent increase in employees the difference between any current membership already paid and the cost of the higher tier is payable.
4.12 MYHR membership is based on relationship of trust. If MYHR believes a client is using its services for more employees than are paid for in the membership tier, this is considered a breach of these terms and conditions, we will suspend the account immediately and seek clarification. If we are not completely satisfied with the explanation we may request the higher tier of member is paid or terminate the account. If the account is terminated in this situation no refund is payable.
4.13 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
5 Foreign taxes, duties and import restrictions
5.1 If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.
5.2 You are responsible for purchasing Services which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
6 Dissatisfaction with the Services
6.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Services, please tell us at the earliest opportunity:
6.1.1 exactly why you think we have failed;
6.1.2 the date, if relevant, of the failure;
6.1.3 when and how you discovered the failure;
6.1.4 the result of the failure;
6.1.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.
6.2 To do this, it is essential that you contact us by email or using the Contact Us Point on Our Website.
7.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
7.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
7.3 We give no warranty and make no representation, express or implied, as to:
7.3.1 the adequacy or appropriateness of the Services for your purpose;
7.3.2 the truth of any Content on Our Website;
7.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
7.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
7.3.5 compliance with any law;
7.3.6 non-infringement of any right.
7.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
7.6 Further, you acknowledge and agree that people management process and all aspects of the employment relationship are subject to interpretation and any employee (or ex-employee) has a right to raise a grievance against you irrespective of the process followed by you. We are in no way liable for any cost or penalties associated with such action. In using any of our services you fully accept complete liability for all your employment processes and their outcomes. Our Services are guidelines only and you retain discretion as to how you take our guidance or use our Services. We cannot control your actions and words during work and when undertaking these processes. We do not offer representation to defend grievances.
7.7 You acknowledge that the input you provide in our web-forms and question portal is the primary determiner of the output service we provide you and you are therefore responsible for the content of this output. Once received, should you feel we have misinterpreted your input in any way, it is your sole responsibility to raise this with us before any process begins and ensure we have remedied any such misinterpretation before any process begins. Should you have already started a process we will not be held liable for any such misrepresentations.
7.8 It is an essential requirement of MYHR membership that you upload signed employment agreements, into the relevant employee file. The website attempts to provide reasonable reminders of this need and we have made it as easy as we can for you to do this. Should you not upload the signed documents, the quality of our Services will be significantly diminished and in some cases Services may not be available to you. This is not grounds for a refund of your membership. It is your sole responsibility to ensure this upload occurs and should there be a technical reason why this cannot happen you must notify us immediately so we may rectify the issue.
7.9 You must ensure that any uploads to your account are correct and completely legible, otherwise they may not be legally binding.
7.10 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
8 Content and Intellectual Property Rights
8.1 We will defend the intellectual property rights in connection with our Services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
8.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
8.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
8.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
8.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
9 Your email address
9.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
9.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
9.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
10 Your Material
10.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
10.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
10.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
10.4 You represent and warrant that:
10.4.1 you own the rights to all of the Material that you post;
10.4.2 any fact stated in your Material is accurate;
11 System Security
11.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
11.2 You may not use any software tool for the purpose of extracting data from our website.
11.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
12.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
12.1.1 copyright works;
12.1.2 commercial audio, video or music files;
12.1.3 any Material which violates the law of any established jurisdiction;
12.1.4 unlicensed software;
12.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
12.1.6 links to any of the material specified in this paragraph;
12.1.7 pornographic material;
12.1.8 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.
12.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
12.2.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
12.2.2 the sending of junk mail;
12.2.3 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
12.2.4 excessive and repeated posting off-topic messages to newsgroups;
12.2.5 excessive and repeated cross-posting;
12.2.6 email harassment of another internet user, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive;
12.2.7 the emailing of age inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14 Miscellaneous provisions
14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 This Agreement shall be governed by and construed in accordance with the law of New Zealand. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
14.9 We may refuse you access to our services or terminate your membership at any time, for whatever reason we choose and we are not required to share this reason with you. You will be responsible for payment of any Services you have used or subscription up to the date of termination. Any amount of pre-paid subscription yet to be used may or may not be refunded to you at our sole discretion.
14.10 Coverage of contractors and sub-contractors to your business is not part of your MYHR membership. Contractors and sub-contractors are expressly excluded from your MYHR membership. MYHR deals with employees, on “contracts of service”. Contractors who are engaged in your business on “contracts for service” are governed by separate legislation. You are completely responsible and liable for any contractor arrangements. Should you engage a contractor who is later determined to be an employee by another authority such as the IRD or Ministry of Business, Innovation and Employment, or any other authority, MYHR is in no way responsible for that person or any issues arising out of any misrepresentation by you.
This is the privacy notice of MYHR. In this document, “we” or “us” refers to MYHR.
We are company number 3374251 registered in New Zealand.
Our registered office is at 43 Honan Place, Avondale, Auckland, New Zealand
This is a notice to tell you our policy about all information that we record about you. It covers both information that could identify you and information that could not.
We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our web site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with New Zealand law. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.
Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.
Here is a list of the information we collect from you, either through our web site or because you give it to us in some other way, and why it is necessary to collect it:
1 Basic identification and contact information, such as your name and contact details.
This information is used:
1.1 to provide you with the services which you request;
1.2 for verifying your identity for security purposes;
1.3 for marketing our services and products;
1.4 Information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
2 Market place information
When we obtain information from you specifically to enable you to buy a service offered on our web site by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.
3 Your domain name and e-mail address are recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:
3.1 to correspond with you or deal with you as you expect.
3.2 in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
3.3 to send you news about the services to which you have signed up;
3.4 to tell you about other of our services or services of sister web sites.
4 Information you post on our website
Information you send to us by posting to a forum or blog or in your advertisement is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.
5 Website usage information
6 Financial information relating only to your credit cards
This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of DPS, PayPal or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.
7 Note on padlock symbols and other trust marks
Many companies offer certification and an icon or other small graphic to prove to site visitors that the site is safe. Some certify to a high level of safety. Others are more concerned to take our money than to provide a useful service. We do not handle information about your credit card so do not subscribe to any such service. However, we suggest you assess this notice to judge that we do take your privacy seriously.
8 Financial information about your direct debit or your credit cards
When you have agreed to set up a direct debit arrangement, the information you have given to us is passed to our own bank for processing according to our instructions. We do not keep a copy.
We are registered under the direct debit guarantee scheme. (This provides for the customer’s bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved "originators" of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.)
9 We retain your credit card information securely
We keep your financial information to provide you with a better shopping experience next time you visit us and to prevent fraud.
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser, and to encrypt any data you give us when you buy, including financial information such as credit or debit card numbers. Our SSL certificate encryption level is 128-bit. Whenever we ask for financial information, you can check that SSL is being used by looking for a closed padlock symbol or other trust mark in your browser URL bar or toolbar.
We take the following measures to protect your financial information:
9.1 We keep your financial information encrypted on our servers.
9.2 We do not keep all your data, so as to prevent the possibility of our duplicating a transaction without a new instruction from you.
9.3 Access to your information is restricted to authorised staff only.
9.4 We automatically delete your information when the card expires.
9.5 If we ask you questions about your financial information, we shall show partial detail the last four digits of the debit or credit card number, only enough to identify the card(s) to which we refer.
10 Credit reference
To assist in combating fraud, we share information with credit reference agencies so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
11 Business and personal information
This includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.
We keep information which forms part of our business record for minimum of six years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
12 Third party advertising
Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.
You can manually disable cookies at any time - check your browser’s ‘Help’ to find out how. This will not affect your ability to view the site.
13.2 to allow essential parts of our web site to operate for you.
13.3 to operate our content management system.
13.4 to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
13.5 to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
13.6 to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
13.7 to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
13.8 to record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for 30 days, when it will delete automatically.
13.9 to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for 30 days.
13.10 to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.
14 Sending a message to our support system
When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
16 Third party content
Our web site is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our web site, we shall investigate your complaint. If we feel it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgement as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
17 Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
18 Content you provide to us
If you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to the entire World, you have no control whatever as to how it is used.
19 Marketing information
With your permission we pass your email address and name to selected associates whom we consider may provide services or products you would find useful. You may opt out of this service at any time by instructing us at www.myhr.co.nz
20 Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services. No such information is identifiable to you.
21 Affiliate information
This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off site. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.
22 Use of site by children
We do not market to children, nor do we sell products or services for purchase by children. If you are under 18, you may use our site only with consent from a parent or guardian.
23 Disclosure to Government and their agencies
We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
24 At any time you may review or update the personally identifiable information that we hold about you, by contacting us at www.myhr.co.nz. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
25 Sale of your personal information
Except as specified above, we do not rent, sell or otherwise disclose any of your information to any person outside our business.
26 Data may be “processed” outside the New Zealand
We use hosting services in New Zealand, Australia, Singapore and internationally from time to time. Accordingly data obtained within the New Zealand may be “processed” outside the New Zealand and data obtained in any other country may be processed within or outside that country.
27 Compliance with the law
This policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.
28 Removal of your information
If you wish us to remove personally identifiable information from our web site, you may contact us at www.myhr.co.nz. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.