Firefly HR Pty Ltd (ACN 623 630 375)
THIS AGREEMENT made
Firefly HR Pty Ltd (ACN 623 630 375) of PO Box 3646, Marsfield, New South Wales, 2122 (“Licensor“)
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In this Agreement (including the recitals) unless the context otherwise requires:
Agreement means this agreement and its schedule;
Product means Firefly HR App as detailed in Schedule 1;
Terms means the terms and conditions of this Agreement.
In this Agreement unless the context otherwise requires:
2.1. This Agreement is between you and the Licensor, and governs the Products made available to you.
2.2. You agree to the terms of this Agreement with the following actions:
2.3. If you do not agree to the Terms of this Agreement, you must not install, use, or copy the Product.
3.1. This Agreement entitles you to
3.2. This Agreement does not permit the installation of the Product
4.1. Limitations on transfer
You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Products.
4.2. Limitations on use
You may not:
4.3. Limitations on derived works
You may not modify the Product, create derivative works based upon the Product, or use the Product to develop any product having the same primary function as the Product.
4.4. Limitations on alteration
You may not:
4.5. Limitations on copying
You may not copy any part of the product except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.
Firefly HR Pty Ltd or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Product and all copies thereof.
6.1. Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on Firefly HR Pty Ltd and its subsidiaries, affiliates, and suppliers (“Implied Terms“). If these Implied Terms apply, Firefly HR Pty Ltd’s liability will be limited at its option to resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement, to the extent permitted by law.
6.2. Unless otherwise explicitly agreed to in writing by Firefly HR Pty Ltd, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.
6.3. Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.
Subject to any Implied Term, Firefly HR Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.
To the extent that the applicable jurisdiction limits Firefly HR Pty Ltd’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
You will indemnify Firefly HR Pty Ltd, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Product, including but not limited to, any modification by you of the Product which causes the Product to infringe the intellectual property rights of a third party.
Firefly HR Pty Ltd reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Product or download the Product whichever is applicable.
Without prejudice to any other rights, Firefly HR Pty Ltd may terminate this Agreement immediately and without further notice if you fail to comply with the Terms of this Agreement. In such event, you must destroy all copies of the Product.
12.1. Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
12.2. Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
12.3. The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.
12.4. This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.
12.5. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
12.6. This Agreement shall be governed by and construed in accordance with the laws of New South Wales.
SCHEDULE 1 PRODUCT
Name of Product: Firefly HR App
Details of Product: An App to facilitate temp recruitment within the OSHC sector