1.1 Please read this document carefully. It sets out legally binding provisions that regulate your use of our website.
2.1 We use reasonable endeavours to ensure that the information on our Website is accurate and up-to-date. However, except with respect to any Non-Excludable Guarantees, we make no representations or warranties, express or implied, as to the accuracy or completeness of the information provided on our Website.
2.2 The information on our Website is subject to change. We, our directors, officers, employees, partners and consultants shall not be liable in any manner for any direct, incidental, consequential, indirect or punitive damages arising out of or in reliance on the information on our Website, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, we limit our liability to the maximum extent permitted by law.
3.1 You may upload your resumé, curriculum vitae, contact details and other information to us via forms on our Website (“Uploaded Data”).
3.3 Your uploading of any Uploaded Data does not mean that you are or will be a suitable candidate for any role that we are engaged by any client to fill. We reserve the right to propose you as a candidate, or to upload, input, transfer and disclose.
3.5 You licence us an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Uploaded Data as required by us to provide our Executive and Non-Executive Director search services.
3.6 You are solely responsible for the accuracy, legality and quality of all Uploaded Data and for obtaining any permissions, licences, rights and authorisations necessary for us to use, host, transmit, store and disclose the Uploaded Data in connection with the provision of our Executive and Non-Executive Director search services.
3.7 You indemnify us from and against any loss and damage we and/or any of our suppliers incur in respect of any claim that any of your Uploaded Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of your Uploaded Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
3.8 We may not own or operate the infrastructure on which our Website and/or any Uploaded Data is stored or hosted. We may host Uploaded Data from servers operated by us or our contractors overseas, including the United States of America.
4.1 You agree and acknowledge that the accessibility and use of our Website and the Uploaded Data hosted by our Website is highly dependent on the proper function of the Internet and other computer and telecommunications networks and infrastructure. We are not responsible for any non-performance of our Website associated with any of those matters.
4.2 Except in respect of any Non-Excludable Guarantee, we do not guarantee that our Website or access thereto will be uninterrupted or error free.
5.2 Without limiting the foregoing provisions, you must not, under any circumstances, sell or resell access to our Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate our Website or any content that you obtain via our Website. In addition, you must not, and you must not permit any person to:
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance our Website and/or any content in our Website (except as expressly permitted by the Copyright Act 1968 (Cth)); (b) mine our Website for any data; (c) do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors; (d) use our Website in any way that infringes our rights or the rights of any third party; (e) use our Website to create any product or service that competes with us; or; (f) take any steps to circumvent any technological protection measure or security measures in our Website.
5.3 You must not use our Website or any part of our Website in any way which is in breach of any statute, regulation, law or legal right of any person.
6.2 As between you and us, we own all Intellectual Property Rights in our Website.
6.3 You have no rights in our Website or in any part of it or in any modification or enhancement thereof, other that the right to browse the Website and send Uploaded Data to us via forms on our Website.
6.4 Any Intellectual Property Rights in any comments that you may provide to us in connection with our Website or requests for new Website features (each, an “Improvement Suggestion”) become our sole and exclusive property immediately upon you uploading or posting the Improvement Suggestion to our Website or otherwise disclosing the Improvement Suggestion to us. You hereby assign all Intellectual Property Rights in all and any Improvement Suggestions to us, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You also consent to the infringement by us and any third parties we authorise, of all and any Moral Rights that you may have in any Improvement Suggestions.
6.5 You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in our Website or otherwise.
7.1 You agree and acknowledge that you are solely responsible for, and that you will indemnify us in respect of, any loss and damage we may incur in connection with any claims and/or complaints made by us or any third party where the claim and/or complaint is caused directly or indirectly by:
(a) your use of our Website; and/or (b) you Uploaded Data.
8.1 We do not represent, recommend or endorse any websites to which we have linked from our Website via hyperlink or otherwise.
9.1 Except in respect of any Non-Excludable Guarantees, we do not represent that the information in our Website is accurate, correct, up-to-date or error free.
9.2 The information on our Website is not professional advice. You agree that you will all appropriate financial, legal and other advice as applicable before relying on any information that you obtain from our Website.
9.3 To the extent possible by law, we are not liable to you for any direct, indirect, special or consequential loss or damage incurred by you, including liability for loss of profits, loss of business opportunity, loss of savings or loss of data.
9.4 Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), we will not have any liability to you for any loss or damage howsoever incurred in relation to your use of or inability to use our Website.
10.1 We may take down our Website or any part of it offline at any time without notice where reasonably necessary to protect our legitimate commercial interests.
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given to it in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).
Website means the Hattonneale Website owned and/or provided by us at https://hattonneale.com.au/ and any content, images, text and other information appearing on any page or screen of our Website and any source code and object code in our Website.
You means you, a person who accesses our Website for any reason.
(c) A reference to a statute or regulation includes amendments thereto.
(e) A reference to a sub-clause or paragraph is a reference to the sub-clause or paragraph in the clause in which the reference is made.
(f) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(g) The words “includes”, “including” and similar expressions are not words of limitation.