Membership Terms and Conditions
CINCH HR LIMITED
By agreeing to become a member of Cinch HR Limited (“Cinch HR”, “us”, “our”), you confirm that you are an employer (body corporate or sole trader) of at least one employee, and you agree to be bound by the below terms and conditions.
1. Commencement of Membership
1.1 Your membership commences once your registration has been accepted by Chinch HR, and you have paid, or at least have undertaken to pay upon our request, the applicable membership subscription fee.
1.2 We provide, and from time to time may amend a membership registration form.
1.3 Upon commencement of your membership, you will receive a digital membership certificate, and we will notify you of the expiry date of your membership.
1.4 Cinch HR reserves the right to decline any membership request at its sole discretion.
2. Duration, Expiry and Renewal of Membership
2.1 The duration of your membership depends on your subscription. Cinch HR currently offers memberships of three (3) months’, six (6) months’, and twelve (12) months’ duration.
2.2 Your membership will automatically end on the day after the expiry date of your subscription, unless it is renewed, or it is terminated by either of us prior to the expiry date in accordance with these terms.
2.3 Your membership subscription will not automatically renew. Whilst we will endeavour to make reasonable efforts to remind you of any upcoming expiry of your membership subscription, so that you can renew your membership if you wish to do so, it will generally be your responsibility to ensure the currency of your membership.
3. Membership Subscription Fees
3.1 Subject to clause 3.3, membership requires the payment of a membership subscription fee. The membership subscription fee must generally be paid as a lump sum and upon commencement of your membership.
3.2 Your membership subscription fee depends on duration of your subscription.
Cinch HR currently offers memberships of six (6) and twelve (12) months’ duration:
3.2.1 The fee for a six (6) months’ membership subscription is $199.00 plus GST.
3.2.2 The fee for a twelve (12) months’ membership subscription is $249.00 plus GST.
3.3 We may review and change our membership subscription fees from time to time. Any change in fees will not affect current membership subscriptions and will only be applied to renewed membership subscriptions.
4. Membership Services and Benefits
The benefits associated with your membership purport to support and promote your interests as an employer. During the currency of your membership subscription, you have access to the following membership services and benefits as part of your membership subscription:
4.1 Newsletters: You will have access to free of-charge electronic newsletters on HR/ER news and developments. The content and frequency of newsletters will depend on the occurrence of news that we, at our sole discretion, deem relevant for distribution to members.
4.2 Webinars: You will have access to free-of charge webinars on HR, ER and Employment law topics, news and developments relevant to employers. Members will generally be able to ask questions and seek general guidance from expert webinar hosts. The content and frequency of webinars will depend on the occurrence of relevant topics and developments, at our sole discretion.
4.3 Verbal Ad-hoc Guidance: You will have access to free-of-charge ad-hoc telephone guidance from our consultants and lawyers on topics related to human resources or employee relations management. Ad-hoc guidance will generally exclude any written advice or analysis and reviews of written documentation. The purpose of this service is to enable uncomplicated access to quick guidance. The guidance provided does not constitute legal advice. Whilst we will make a reasonable effort to ensure accurate and correct information, opinion and guidance is provided, we do not provide a guarantee in this respect and will not assume any liability in respect of our ad-hoc guidance. Our guidance will be based on the information provided by the enquirer. Should formal and more detailed opinion or advice be required, then you will have to engage our consultancy services or legal services which are subject to additional terms of engagement and incur an extra cost.
4.4 Legal Services: You will be able to engage our solicitors for legal advice and representation in relation to your rights, obligations, or liabilities as an employer; or any other matter concerning or arising out of any employment relationship that involves you as the employer; or any other claim or action by or against you under any employment-related legislation referred to in section 236(4) of the Employment Relations Act 2000; or compliance with any legislation or other requirement that governs the performance of your duties in the conduct of your normal business or profession. Engagement of our legal services will be subject to additional terms of engagement and an extra cost.
4.5 Consultancy Services: Whilst our consultancy services are also available to non-members, in the interest of completion, we note that as a member, you can also engage our HR Specialists and Consultants for HR and ER-related services, including but not limited to assistance with recruitment, training, ER compliance, employee management, health and safety, etc. Engagement of our HR Specialists/Consultants will be subject to additional terms of engagement and an extra cost.
4.6 Discounted Workplace Policies and Toolkits: You will be able to purchase comprehensive and useful workplace policy templates and toolkits on employee management matters at discounted member rates.
4.7 Health & Safety Consultation: You will have access to a one-off free-of-charge workplace health & safety consultation through our partners from Kiwi Work Safe Limited. Please note that once utilised this benefit will not renew on the renewal of your membership subscription.
4.8 Other Benefits: From time to time, we may offer further membership benefits, either temporarily or permanently, and either free of charge or at an extra cost.
5. Termination and Suspension of Membership
5.1 Unless renewed, your membership will terminate automatically on the day after the expiry date of your chosen membership subscription.
5.2 We reserve the right to terminate your membership during its currency if you have not paid your membership subscription fee by the applicable due date. We endeavour to make a reasonable effort to follow up on any outstanding payment before we terminate your membership for that reason, however, we will not be obliged to do so.
5.3 We reserve the right to terminate your membership if we decide in our sole discretion that your actions, publicly expressed opinions or other characteristics may have the potential to damage our reputation and public image because of our association with you.
5.4 We may, at our sole discretion, suspend your membership before terminating it. The duration of your chosen membership subscription will not extend by the period of suspension.
5.5 You may terminate your membership at any time during its currency.
5.6 Termination will generally be effective immediately.
5.7 Except for termination by us under clause 5.3, you will not be entitled to a refund of your already paid membership subscription fee if your membership is terminated before its expiry. Any refund that results from termination by us under clause 5.3 of these terms will be calculated on a pro-rata basis for (only) full months left until the expiry of the subscription period.
6. Cinch HR Software Platform Subscribers
6.1 The terms in clause 6 override any other terms and conditions stated in these membership terms and conditions as far as they are in conflict.
6.2 If you are a current subscriber to the Cinch HR Software Platform, then you will automatically be a member of Cinch HR and be entitled to access the membership services and benefits outlined in these terms until such time that your Cinch HR Software Platform subscription expires.
6.3 Your membership renews automatically monthly until you terminate your Cinch HR Software Platform subscription.
6.4 You may notify us at any time in writing that you do not or no longer wish to be a member of Cinch HR for any purposes outside the Cinch HR Software Platform subscription.
6.5 Your membership subscription fee is included in your subscription fee for your Cinch HR Software Platform subscription.
6.6 No discount will be applicable to your Cinch HR Software Platform subscription if you opt out of being a member of Cinch HR for the purposes of these terms.
7. Miscellaneous Provisions
7.1 Services in the context of your membership benefits are provided on the basis that the provisions of the Consumer Guarantees Act 1993 will not apply in any way.
7.2 Your membership subscription and any services and benefits thereunder are not transferrable to another person or body corporate.
7.3 From time to time, we may communicate with you electronically, by email, phone or other digital means regarding events, activities, services, membership benefits, surveys, etc and the like. You agree to receive these messages as part of your membership subscription, and we will ensure that an appropriate ‘opt out’ system is in place to help you manage these communications.
7.4 Unless you authorise us otherwise, we will treat all information held on our records relating to the member as confidential. We will only use and disclose such information with your consent and/or by the law. However, you agree that we may, at our discretion, forward your membership details to third parties who may offer products and services which may complement your membership.
7.5 If you are dissatisfied with any aspect of our membership service, we encourage you to liaise with the particular person who has provided the service in the first instance. If this does not resolve your complaint, or if you do not wish to liaise directly with that person, you may direct your complaint in writing to Cinch HR’s CEO, Kim Rippin, at Kim@cinchhr.co.nz. We treat all complaints and other feedback seriously and will treat any complainant with respect and the intent to satisfactorily resolve any complaint.
7.6 You agree to Cinch HR Limited’s general terms of trade in force from time to time and any specific terms as they relate to the provision of services or products supplied to you.
7.7 You agree that these terms and conditions, as well as our terms of trade, may be varied by us from time to time.