HR EXECUTIVE (HRET) TRIBE GROUP TERMS & CONDITIONS

General

1.       Welcome to the HR Executive Tribe (HRET) Group (Group) operated via WhatsApp, email, Zoom, Vimeo, online webinars and Face-to-Face (Platform)!

2.       The Group is facilitated and moderated by Justine Figo Pty Ltd (ACN 624 064 704) (Justine Figo, we, our, or us).

3.       The Group is an Australian, invitation only, values-based networking group. It is for CPOs, HR Directors and Heads of People and Culture Functions. Entry and retention of membership is strictly at the discretion of Justine Figo.

4.       We are a complimentary group who practice authentic connection with a generous spirit. Respecting boundaries makes it safe to create these connections.

5.       As a condition of accessing, using and participating in the Group, you (you, Member) agree to the following terms and conditions (Terms) and to be legally bound by these Terms. If you do not agree with the Terms, you should stop accessing, using and participating in the GroupOur Terms are published on http://www.justinefigo.com/HRET.

6.       We may vary the Terms at any time by updating and publishing them on http://www.justinefigo.com/HRET . We are not required to provide any prior notice to you before we vary our Terms. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to access, use and participate in the Group, you agree to be governed by the Terms as varied from time to time.

7.       By accepting these Terms, you also acknowledge that you have read our Privacy Statement available at http://www.justinefigo.com/privacy-policy and to the extent permitted by law, you consent to how we collect, handle and use your Personal Information in accordance with our Privacy Statement.

8.       We may restrict your rights to access, use and participate in the Group if you breach these Terms or for any other reason (in our sole discretion).

9.       We may at any time modify, delete, remove or discontinue, temporarily or permanently, the Group without notice. We will not be liable to you or to any third party for any modification, deletion, removal, suspension or discontinuance of the Group.

10.    We have no responsibility or liability for deletion of the Group or decision not to store any messages and other communications or other Content maintained, posted or transmitted in or through the Group.

11.    Any questions about these Terms can be directed to http://www.justinefigo.com/contact-me.

Eligibility

12.    Places in the Group are strictly capped and restricted to people who meet our entry criteria and practice our values. Subject to any applicable laws, we are entitled in our discretion to enter and refuse to enter people into the Group in our absolute and unfettered discretion.

Code of Conduct

13.    As a condition of joining the Group, you agree to adhere to the following code of conduct:

(a)     The Group is 100% supportive with the intent to create a safe space;

(b)     Only post content an internal HR leader would post;

(c)      No promoting side hustles in the Platform;

(d)     No offering sales of goods and services in the Platform;

(e)     The Group works as a consultant-free space. Even if you are consulting elsewhere, don’t here;

(f)      Ideas and opportunities for sponsorship of the Group are always appreciated, please send them to www.justinefigo.com/contact-me or to Justine Figo via direct message on WhatsApp; and

(g)     If you would like to post anything on WhatsApp that you or your employer could profit from, please message Justine Figo via WhatsApp prior to posting to avoid conflict or breaching these Terms.

Conditions of Use and Restrictions

14.    Your access to, and use of, the Group is subject to all conditions specified in these Terms. If you breach any of these conditions, we will be entitled to take any reasonable action, including removing you from the Group or taking legal action against you, in our sole discretion.

15.    In using the Group, you agree to follow all Applicable Laws.

16.    You agree that you will not:

(a)     Use the Group for any purpose that is illegal, unlawful or prohibited by these Terms;

(b)     Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Group on the Platform or any Content, including (without limitation) through:

                                                               i.      hacking or use of automated devices, scripts or bots;

                                                              ii.      destructive transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature;

                                                            iii.      reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code; or

                                                            iv.      other illegitimate means (determined by us in our discretion).

(c)      Contact other participants in the Group for the purpose of sending unsolicited offers, advertisements, spam, junk e-mails;

(d)     Contact other participants in the Group for the purpose defaming, abusing, threatening or defrauding other participants in the Group;

(e)     Impersonate any entity or falsely claim an affiliation with any person or entity;

(f)      Scrape or otherwise obtain any data from the Group for any purpose or use any Content to spam third parties; or

(g)     Contribute or distribute any Content via the Platform or the Group that infringes Applicable Laws or any other legislation or regulations of any applicable jurisdiction (including without limitation the jurisdiction in which you are access, use and participate in the Group). You agree that any legal consequences arising from a Claim or action for infringement of any such legislation or regulation based on contributing or distributing Member Content via the Group are your sole responsibility, and you are wholly liable for such Claims or actions.

(h)     You acknowledge that as the facilitator and moderator of the Group and despite any restrictions in clause 13 and these Terms, Justine Figo retains the absolute and unfettered discretion to share and post promotional materials.

Participant Warranties

17.    You warrant that any Content you share with the Group does not contain any:

(a)     Offensive, defamatory, obscene, blasphemous, hateful, violent, bullying, discriminatory or threatening language, or content that creates a risk of personal injury or property damage or makes any threat to people or public safety;

(b)     Illegal, false, fraudulent, misleading or deceptive conduct, including but not limited to blackmail, extortion, financial or personal scams and attempts to impersonate others;

(c)      Material that infringes the personal or proprietary rights of others, including but not limited to Intellectual Property rights and rights to privacy; or

(d)     Spam, publicity or promotion of commercial activities or commercial content not specifically authorised by us with our prior written consent.

18.    By sharing Content with the Group, you must not infringe the rights (including Intellectual Property rights) of any other Member or third party or act in a way that is a breach of any agreement you may have with any person. We are not responsible or liable for any Member Content that is uploaded to, shared via, displayed on or transmitted via the Group that does not comply with these Terms.

19.    You warrant further that your access, use and participation in the Group does not infringe the rights (including Intellectual Property rights) of any other Member or third party or act in a way that is a breach of any agreement you may have with any person.

Security and Emails

20.    Our invitation to you to join the Group is exclusive and applicable only to you.  You must not transfer your invitation to another person.

21.    You may choose to leave the Group at any time by contacting www.justinefigo.com/contact-me or direct message to Justine Figo by WhatsApp. You may also exit the WhatsApp Group directly however you will remain a member of the Group until you also unsubscribe yourself from the Group email list.

22.    By accessing, joining or participating in the Group, you understand and agree to we and other participants in the Group will receive and have access to your mobile phone number, WhatsApp profile picture and any other information accessible through WhatsApp or the Group. If you do not wish for us or other participants to receive or have access to such information, please do not join, access or participate in the Group.

23.    You are responsible for all access to and participation in the Platform and the Group using your WhatsApp account and associated mobile number, whether or not the account or associated mobile number was actually operated by you.  You must immediately notify us of any unauthorised use of your WhatsApp account and associated mobile number. We are not be liable for any Loss caused to you or any other party arising from your failure to comply with these clauses 20, 21 and 22.

Member Content

24.    We do not claim ownership of any of the Member Content you transmit, post or otherwise make available in or through the Group.

25.    Notwithstanding clause 24, you grant to us a perpetual, non-exclusive, fully paid, royalty-free, transferable, sub-licensable, non-revocable, unlimited, worldwide licence to reproduce, exploit, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any Member Content which you share via, or submit or upload to, the Group, in any and all media, at our sole discretion.

26.    To the extent permitted by law, you agree that you are solely responsible for all Member Content you post, upload, transmit or otherwise made available via the Group using your WhatsApp account and/or mobile number, even if made by another person. You agree that you are liable for, and release us from, all Claims, responsibility and liability for any Member Content you post, upload, transmit or otherwise made available via the Group.

27.    We do not control or pre-screen any Member Content posted, uploaded, transmitted or otherwise made available via the Group nor do we not guarantee the accuracy, integrity or quality of any Member Content posted, uploaded, transmitted or otherwise made available via the Group. You understand that by accessing, using and participating in the Group, you may be exposed to Member Content that is illegal, offensive, indecent or objectionable.

28.    To the extent permitted by law, we are not liable in any way for any Loss of any kind incurred by you or any other person in connection with the use of any Member Content posted, uploaded, transmitted or otherwise made available via the Group. By using the Group, you agree and warrant that you must evaluate and bear all risks associated with the use of any Member Content, including any reliance you intend to place on the accuracy, completeness, or usefulness of Member Content. You rely on such Member Content at your own risk.

29.    We retain the right (without providing any notice to you or the Group) to remove, block, edit or monitor any Member Content posted, uploaded, transmitted or otherwise made available via the Group, at our sole discretion.

No Advice

30.    All information (including, without limitation, Content and Member Content) appearing in any format whatsoever within the Platform is of a general nature only, should not be substituted for professional advice and made available to you without assuming any duty of care to Members. It does not constitute formal advice and should not be relied on by you in any way. Any use of or reliance on information made available within the Platform is entirely at your own risk.

Privacy

31.    When facilitating the Group, we will collect, handle and use your Personal Information in accordance with our Privacy Statement – see http://www.justinefigo.com/privacy-policy.

32.    By accessing, using and participating in the Group, you acknowledge that you have read our Privacy Statement and consent to our collection, use and disclosure of your personal information in accordance with our Privacy Statement.

No Exclusion

33.    Nothing in these Terms excludes, restricts or limits any rights which cannot be legally excluded, restricted or limited under the Australian Consumer Law or any other law.

Liabilities

34.    To the extent permitted by law, we exclude and you release us and our Representatives from, all liability (whether arising under these Terms, tort, negligence, statute or in any other way) for all Loss and Clams of any kind whatsoever directly or indirectly sustained by you in relation to your use of the Group.

Indemnity

  1. As a further condition of access, use and participation in the Group, you must indemnify us against all direct, quantifiable and reasonable Loss suffered by us and/or our Representatives (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of you breaching these Terms, or otherwise from your access, use and participation in the Group.

Termination and Suspension

36.    We may terminate or suspend your access to the Group at any time, at our sole discretion and without notice to you effective immediately if we have reason to believe that you have failed to comply with these Terms. For any other reason, we will give you prior written notice.

Disputes and Complaints

37.    If you have a dispute in connection with these Terms, we may, but are not obliged to investigate, assist or involve ourselves in such disputes at your request.

38.    You may report inappropriate or infringing Member Content in the Group or other breaches of these Terms by other participants in the Group to us.  We are not able to provide any assurances that we will resolve disputes you may have with other Members.

Third Party Links

39.    The Group may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided thereon. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

Governing Law

40.    The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms.

41.    This Group may be accessed from outside Australia.  We make no representation that the Content available through the Group complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Group from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Definitions

The following definitions apply to these Terms:

(a)     Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(b)     Applicable Laws means any and all applicable laws, statutes, regulations, instruments and by-laws and all other subordinate legislation or orders.

(c)      Claims means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

(d)     Content means any content shared with the Group including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, URL links, video recordings and audio recordings.

(e)     Intellectual Property means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade marks, patents, designs, copyright, trade secrets, computer programs, databases, inventions, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation (July 1967).

(f)      Loss means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including all legal and other professional costs (calculated on an indemnity basis).

(g)     Member means any participant of the Group.

(h)     Member Content means any content shared with the Group by a Member including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, URL links, video recordings and audio recordings.

(i)       Personal Information means any information or opinion which can reasonably identify an individual.

(j)       Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.

(k)     Privacy Statement means our Privacy Statement as amended or updated from time to time, a copy of which can be found on the following webpage: http://www.justinefigo.com/privacy-policy.

 

(l)       Representatives means our directors, officers, contractors, employees, consultants, or other contractors.