Intuition User Agreement

Intuition general terms & conditions

Scope of our work

The initial Intuition monthly fee for your entity/entities will be in accordance with the following pricing plan terms and conditions:

• No up-front capital cost for software purchase.
• Initial customising / set-up fee from $200 plus GST; can include interfacing with other systems in your organisation. Fee will be confirmed on client specification of additional customising in conjunction with our IT service provider.
• User licence logins are leased on a monthly basis.
• User licence login fees are CPI adjusted and linked to your organisation’s financial year.
• Fees exclude additional cloud hosting fees. You will have a free allocation as specified below for file storage, with excess storage charged at applicable monthly rate per GB plus GST.

The following services are available with your Intuition monthly fee:

• Intuition acts as a manager’s personal 24/7 cloud based HR and Safety advisor.
• Intuition has been designed for use by managers and HR staff, with different access levels.
• Intuition’s main function is to serve as a regularly updated library for HR and Safety policy, standards, procedures, forms, templates, guidelines, resources, FAQs, tools, legislation, HR news and employee files. An extensive range of documents and FAQs come with the system; you can choose what suits you and add your own proprietary documents as well.
• Additional HR and Safety FAQ advice required by you from time to time through the HR advice portal, where such content is not already in Intuition.

Additional fees will be charged on an hourly rate basis for the following work and will be formally agreed with you before any work commences:

• HR, Employment Relations or Safety consulting advice or assistance requiring personal consultation by one of our HR, Safety consultants or Employment Relations lawyers.
• Additional administrative support in scanning employee files into Intuition.
• The Intuition IT requirements in interfacing with other HR systems in your organisation.
• Intuition also acts as a platform for content delivery such as multimedia training, assessment and employment screening. You have access to external products / services, provided by our business partners, which are compatible with our platform and come pre-loaded, e.g. online training, assessment, pre-employment checks.
• Intuition IT technical support where required.

Service structure

Your Intuition contact will oversee the services that are covered by your monthly fee. If required, other subject matter experts within Intuition can be brought in to provide specialist services. Any significant specialist consulting assignments will be covered under a separate engagement letter that will be sent to you as required. This work includes HR, Safety and Employment Relations advice and support.

Intuition pricing plan

Fees

The Intuition pricing year runs in accordance with your organisation’s financial year. If you join Intuition part way through a financial year, your fee will be CPI adjusted in line with the pricing structure end of financial year requirement above. Fees must be paid monthly to our nominated bank account by automatic deduction from your bank account in accordance with your bank’s automatic payment authority as authorised by you.

An initial set up fee of $200 plus GST may be charged. This will cover a basic set up and will include:

• Intuition client registration and system set-up.
• Logo and name set up within your Intuition system.

Suitability of service

Our Intuition service is designed to provide low cost HR and Safety advisory services to our clients. As a result of business growth, restructure or change in circumstance, it may be necessary to adjust your monthly fee from time to time, in accordance with our pricing plan.

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Intuition terms & conditions of website use

The use of Intuition’s website is subject to the attached Terms and Conditions of Use. These terms and conditions are included in and form part of this Intuition Client User Agreement.

Intuition data

The Intuition system, data, FAQs and documents are owned by Intuition. You will however, have full access to these resources through your own Intuition login. Any of your organisation’s proprietary FAQs or documents can be uploaded into Intuition and are your property. Intuition’s documents which are significantly altered by you and then entered into Intuition as proprietary documents become your property for use in Intuition, provided that they are authored by Intuition. Please note that there are documents in Intuition, e.g. Crown copyright or identified as a third party document, which are not authored by Intuition but are available for your use in Intuition.

Client proprietary data

You agree to commit to an initial 12 month term, and after that you may give one month’s written notice of termination of this agreement. On termination of this agreement, we will use the notice period to enable you to ensure the safe transfer of your proprietary FAQs and/or documents to your own system once all of our professional service fees are paid in full.

The services and terms set out in the above Intuition Client User Agreement and in the following Terms and Conditions of Use are as agreed by you and your organisation and confirmed by your use of the Intuition system.

Terms

By accessing Intuition’s advisory web site, you are agreeing to be bound by these advisory web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this advisory web site are protected by applicable copyright law.

Use licence

Permission is granted to download materials (information or software) on Intuition’s advisory web site for use within the organisation to which your login is attached. This is the grant of a license, not a transfer of title, and under this license you shall not:

• Use the materials for any commercial purpose, or for any public display;
• Attempt to decompile or reverse engineer any software contained on Intuition’s advisory web site;
• Remove any copyright or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Intuition at any time. Upon terminating your viewing of these materials or upon the termination of this license, you may be required to destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Intuition’s advisory web site are provided "as is". Intuition makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Intuition does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its advisory web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Intuition or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Intuition’s advisory web site, even if Intuition or an Intuition authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, some or all of these limitations may not apply to you.

Revisions and errata

The materials appearing on Intuition’s advisory web site could include technical, typographical, or photographic errors. Intuition does not warrant that any of the materials on its advisory web site are accurate, complete, or current. Intuition may make changes to the materials contained on its advisory web site at any time without notice. Intuition does not, however, make any commitment to update the materials but will use reasonable endeavours to do so within a timeframe consistent with normal HR and Safety practitioner practice.

Links

Intuition has not reviewed all of the sites linked to its advisory web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Intuition of the site. Use of any such linked web site is at the user’s own risk.

Site terms of use modifications

Intuition may revise these terms of use for its advisory web site at any time without notice. By using this advisory web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing law

Any claim relating to Intuition’s advisory web site shall be governed by the laws of New Zealand without regard to its conflict of law provisions.

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Privacy policy

Your privacy is very important to us. Accordingly, we have developed this policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy:

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfilment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.