Terms of Use
1. GENERAL
The HRS Group Pty Ltd is a specialist Human Resource consultancy with offices in Australia and Ireland.
The website http://www.hrsgroup.biz and the facilities, services and materials available thereon (the "Website") is owned and operated by The HRS Group ("The HRS Group") abn 62 086 868 591 whose principal place of business is Suite 15, 88 Broadway, Nedlands, WA 6009, Western Australia. For the purposes of the Terms of Use "we", "our" and "us" refers to The HRS Group.
Your use of this Website is subject to our terms and conditions of use set out below ("Terms of Use"). Please ensure you read them carefully in their entirety. By accessing and using the Website and/or the services you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and comply with these Terms of Use. If you do not read or agree our Terms of Use, you should not access or use this Website.
None of the provisions of the Terms of Use shall be interpreted as to deprive you of any rights you may have as a consumer under mandatory Australian law.
2. WORKING FOR YOU
Candidates
Before you can apply for a vacancy advertised on this Website, you must submit certain information to us as requested in the Candidate Declaration Form. All information supplied by you must be true, complete and accurate. We will only use your information in accordance with our Privacy Policy. Once you submit your CV to us we will register it on our database that searches to match for relevant current or future vacancies that we have. If we find a vacancy that corresponds to your requirements we will contact you with details of the vacancy. We will then ask you for your consent to forward your CV to that or those prospective employer. The employer will contact us to advise if they wish to meet with you. We will then arrange for an interview between you and the prospective employer. Feedback from the interview is sent from the employer to us directly and we will update you accordingly.
Prospective Employers
Before we can assist you with finding suitable candidates for your vacancy you must accept our terms and conditions of engagement.[insert link to terms of engagement or to the relevant webpage] Prior to submitting details of a vacancy we will review the content of the job specification to ensure that it is suitable and contains the requisite information to allow us match the vacancy to our database of job seekers.
If we find a candidate that may be suitable for this position we will contact you with details of the candidate. We will then arrange for an interview between you and the prospective candidate. Feedback from the interview is sent from you to us directly and we will update the candidate accordingly.
3. USE OF THE WEBSITE
Unless otherwise specified, the Website and the services available thereon are for your personal and non-commercial use only and you may only download, display or print part of the Website for such use.
You agree not to use the Website for or in connection with any of the following activities:
- any purpose that is fraudulent, unlawful or prohibited by the Terms of Use;
- in any manner which could damage, disable, overload, flood, mailbomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website. In particular, you will not post or transmit to or from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law;
- transmitting material which may cause harm to The HRS Group or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website;
- harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam;
- accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliate on in any way;
- attempting to gain unauthorised access to the Website, or any accounts, computer systems and networks connected to any The HRS Group website, through hacking, password miming or any other means; or
- harvesting or otherwise collecting by any means any program material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of The HRS Group
4. SECURITY
The HRS Group does not guarantee the security of any information transmitted to or from the Website. Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or otherwise in connection with any information sent by you to us or any information sent by us to you over the internet.
5. INTELLECTUAL PROPERTY RIGHTS
The information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, button icons, trademarks, service marks, trade names, logos and other materials and services found on the Website (collectively, the "Content") are protected by copyright, trademark, database right and other intellectual property laws (as the case may be), under national laws and international treaties. All proprietary rights, title and interest in and to the Content shall be and at all times and for all purposes remain vested in The HRS Group and/or its licensors (as the case may be). All rights not expressly granted hereunder are reserved to The HRS Group and/or its licensors (as the case may be).
Subject to your agreement to and compliance with these Terms of Use, you are hereby granted permission to access the Content from the Website solely for your own personal use, to view and browse through the Website for and submit queries in respect of any position, to print a single hard copy of the Content for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left intact.
Unless specifically authorised by The HRS Group in writing to do so, you may not (i) create and submit computer programming routines or engines that are intended to generate multiple requests for any of the Content provided by the Website; (ii) create any frames at any other sites pertaining to the Website; or (iii) "deep-link" to the Website which means that you may not create, post, display, publish or distribute any link to the Website for any purpose. If you wish to undertake any of these activities, you must first contact The HRS Group to seek written permission.
6. INDEMNITY
You agree to indemnify and keep fully and effectively indemnified and hold The HRS Group, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers harmless from and against any and all liabilities, claims, demands, obligations, losses, expenses, damages, penalties, actions, judgments, suits and costs of any kind or nature whatsoever (including legal costs) resulting from any violation or breach by you of the Terms of Use.
7. AVAILABILITY
Although The HRS Group endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that The HRS Group shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
8. LINKS TO THIRD PARTY WEBSITES
The Website contains links to third party websites. The HRS Group does not own or control such third party websites and only provides links to other locations on the Internet for information purposes. The fact that The HRS Group provides a link to a third party site does not mean The HRS Group endorses, authorises or sponsors that site. The HRS Group reserves the right at any time to terminate a link to a third party websites. Your use of third party websites is subject to the terms of use contained within each of those websites. Access to any third party websites through the Website is at your own risk. The HRS Group shall have no responsibility whatsoever for the accuracy of any information, data, opinions, statements made on any third party websites or the security of any link or communication with the websites. We have not verified the content of any such websites.
9. CHANGES IN THE TERMS OF USE
We may modify or terminate any facilities and/or services offered through the Website from time to time, for any reason and without notice, and without liability to you, any other user or any third party. Any additions to, or enhancements of the Website shall be subject to the Terms of Use. To the greatest extent permitted by applicable law,
The HRS Group reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of the Website at its sole discretion, including the Terms of Use from time to time.
You should check the Website for any changes to the Terms of Use each time you access the Website. Your continued use of the Website will signify your acceptance of any revised Terms of Use.
10. SUSPENSION AND TERMINATION
The HRS Group may at any time at its sole discretion, without notice to you, restrict, suspend or terminate your access to and/or use of the Website or any service forming part of the Website wholly or partially and for any reason whatsoever, including without limitation, where you are in breach of these Terms of Use, or if The HRS Group cannot verify or authenticate any information which you submit to the Website, or if for any reason The HRS Group suspends or discontinues the Website. The HRS Group is not liable to you or any third party for any suspension or termination of your access to or use of the Website or unavailability of any or services. The HRS Group reserves the right to pursue all of its legal remedies upon breach by you of these Terms of Use.
11. LIMITATION OF LIABILITY
This clause limits our legal liability to you for your access to and use of the Website. You should read this clause carefully. You acknowledge that you have entered into the Terms of Use relying on the limitations of liability stated herein and that those limitations are an essential basis of this contract. Nothing in these Terms of Use is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE HRS GROUP NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICES OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY, EXEMPLARY OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAD BEEN ADVISED, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL THE HRS GROUP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
Without limiting the foregoing neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, power failures, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, civil disturbances, shortages of labour or materials, fires, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of third party.
No provision in these Terms of Use shall apply to limit The HRS Group's liability arising from death or personal injury caused by The HRS Group's negligence or for The HRS Group's fraud.
12. PRIVACY STATEMENT
The HRS Group respects the privacy of individuals who access the Website. For full details of the manner in which The HRS Group uses cookies, the type of information we collect, how we use it, links to other websites and under what circumstances we disclose information please read the Privacy Policy which is hereby incorporated into and forms part of these Terms of Use.
13. JURISDICTION AND GOVERNING LAW
The Terms of Use shall be governed by and construed in accordance with the laws of Australia, and you hereby irrevocably agree that the Courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use.
14. MISCELLANEOUS
Waiver
Any waiver of any provision of these Terms of Use must be in writing signed by The HRS Group to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future.
Severability
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, then such provision shall be severed and the remainder of these Terms of Use shall continue in full force and effect.