Terms of use and privacy policy

Terms of Use

About Hattonneale

Welcome to Hattonneale. We are a specialist Executive and Non-Executive Director search firm. We help our clients to find Executive and Non-Executive Directors. If you wish to discuss your Executive and Non-Executive Director requirements with us, please contact us. In this Privacy Policy, “Hattonneale”, ”we”, “our” and “us” are all references to Hattonneale Pty Ltd ABN 48 129 710 514 of Level 44, Governor Phillip Tower, 1 Farrer Place, Sydney NSW 2000 Australia.

 

1. Access, acceptance and modification of these Terms of Use

1.1 Please read this document carefully. It sets out legally binding provisions that regulate your use of our website.

1.2 You may only access, browse and use our Website if you accept these Terms of Use. By accessing, browsing and/or using our Website you will be deemed to have: (a) confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use; and (b) consent to our Privacy Policy.

1.3 We may modify and/or replace these Terms of Use from time to time without notice to you.

1.4 We will always upload the latest version of these Terms of Use from time to this webpage.

1.5 If you do not wish to accept these Terms of Use, you must not and cannot use our Website or any part of it.

2. Information on 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. Data that you send us via our Website

3.1 You may upload your resumé, curriculum vitae, contact details and other information to us via forms on our Website (“Uploaded Data”).

3.2 Our collection, use and disclosure of any Uploaded Data will be governed by these Terms of Use and our Privacy Policy.

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. Availability of our Website

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. Usage Restrictions

5.1 You may not make any use of our Website except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our Intellectual Property Rights in our Website.

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.

5.4 You must not use our Website or any part of our Website in breach of these Terms of Use.

6. Intellectual Property Rights

6.1 You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to you.

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. Responsibility for third party claims

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. Hyperlinks

8.1 We do not represent, recommend or endorse any websites to which we have linked from our Website via hyperlink or otherwise.

9. Liability

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.

9.5 Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.

10. Termination

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.

10.2 Termination of these Terms of Use and access to our Website does not affect any accrued rights of either party.

11. General

11.1 These Terms of Use may be amended by us at any time.

11.2 You may not assign, transfer, licence or novate your rights or obligations under these Terms of Use without our prior written consent. We may assign, transfer, licence or novate our rights or obligations under these Terms of Use at any time.

11.3 If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.

11.4 These Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee.

11.5 The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent possible at law, but we do not exclude or limit liability which may not be excluded or limited under law. Without limiting the foregoing provisions, we do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.

11.6 These Terms of Use will interpreted in accordance with the laws in force in New South Wales. You and us irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales.

12. Definitions and Interpretation

12.1 Definitions In these Terms of Use:

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).

Privacy Policy means our Privacy Policy located at https://www.hattonneale.com.au/terms-of-use-and-privacy-policy/.

Terms of Use means the terms and conditions set out on this webpage as amended by us from time to time.

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.

12.2 Interpretation In These Terms of Use:

(a) Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.

(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.

(c) A reference to a statute or regulation includes amendments thereto.

(d) A reference to a clause, sub-clause or paragraph is a reference to a clause, sub-clause or paragraph of these Terms of Use.

(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.