HR Profiling Solutions Limited Website Terms of Use

Welcome to www.hrprofilingsolutions.com.au (“Site“). Your access to and use of this Site are subject to the terms and conditions contained herein. By accessing and using this Site, you accept these terms and conditions, without limitation or qualification.

If you are under the age of 18, you must only use this Site with parental or caregiver consent, provided that your parent or caregiver is over the age of 18 and they accept these terms and conditions on your behalf.

1. USE OF OUR SITE

1.1 As a condition of use of the Website, you agree:

(a) Not to disrupt activity online;

(b) To ensure that the Site is not used for any illegal activity or which may expose us to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;

(c) Not to use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;

(d) Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;

(e) Not to run network scanning software or use open relay to distribute messages; and

(f) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with anyone person’s computer system or communications services.

2. APPLICATION FOR INFORMATION ON PRODUCTS

2.1 Where you wish to request further information on the products contained on our Site from us, you must do so in accordance with the instructions on the Site.

2.2 We have the absolute discretion to decline your request for further information on the products contained on our Site for any reason whatsoever without reference to you. We may require the provision of additional information/verifications before providing you with the further information.

3. PRODUCTS

3.1 Where you proceed to acquire products contained on our Site from us, the terms and conditions relating to your acquisition and use of all products are those specifically set out in your agreement with us in relation to the products offered or supplied by us (“Other Agreement”). Where there is any inconsistency or conflict between these terms and conditions and those set out in the Other Agreement then the terms and conditions of the Other Agreement will prevail.

4. WARRANTY, GUARANTEES & LIMITATION OF LIABILITY

4.1 The content on the Site is general information of interest which is provided “as is” without any warranties or conditions of any kind, express or implied by law, statute or otherwise.

4.2 While we have made every attempt to ensure that the content contained on this Site is complete, timely, and accurate, we make no representation or warranty of any kind with respect to the Site and the content provided herein. You acknowledge that you have not relied on any representation or statement made by us other than the express provisions of these terms and conditions.

4.3 Certain links in this Site connect to websites maintained by third parties. We make no representations or warranties as to any content contained in these third party sites and take no responsibility for such sites. Our link to another site is not an endorsement of that site.

4.4 The content provided on the Site is supplied on the condition that you will make your own determination as to its fitness or suitability for your purposes prior to use of the Site and/or any products from us you subsequently decide to acquire. Nothing contained in this website should be construed as a recommendation to use any particular product.

4.5 We will not be liable for any damages, losses, costs, expenses or liabilities including, but not limited to, any failure of performance, inability to use this Site or the information, or any error, omission, interruption, defect, delay in operation of transmission, computer virus, communication line or system failure.  We will not be liable for any damages, loss or injury including, but not limited to, special, indirect or consequential damages that result from the use of, or the inability to use, the content on the Site and any products.

4.6 Under no circumstances will we be liable to you or any third party claiming through you for any loss of profits, contract, indirect or consequential loss of any kind whatsoever, nor for any special, indirect, consequential or punitive damages resulting from or caused by the use of this Site or the information contained herein (or any information on a linked website).

5. INTELLECTUAL PROPERTY

5.1 You acknowledge that the Site contains copyrighted materials as well as trademarks and service marks that are owned by HR Profiling Solutions Limited or third parties.

5.2 Nothing contained in this Site shall be construed as conferring any right to any copyright, trademark, or other proprietary interest of HR Profiling Solutions Limited or any third party.

5.3 You agree not to:

(a) Infringe upon any copyright, trademark or other intellectual property right contained on the Site;

(b) Reproduce, distribute, modify, publish, upload, post or otherwise transmit any content from our Site without our prior written consent; or

(c) Alter or remove any copyright, trademark, or any other notice from any authorised copy of the content on this Site

5.4 Any unauthorised use of the content appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

6. APPLICABLE LAWS

6.1 These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand and will be subject to the exclusive jurisdiction of the New Zealand Courts.

6.2 The Site is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the content on the Site is appropriate or available for use in other locations. We accept no liability whatsoever to you in respect of such matters.

6.3 If you choose to access the Site from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand. You indemnify us absolutely in respect of any liability arising for us as a result of your non-compliance.

6.4 You may not use or export the content in the Site in violation of New Zealand laws and regulations.

7. GENERAL

7.1 If any clause of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other clauses of these terms and conditions and the remainder of the clause in question will not be affected.

7.2 The headings to the clauses of these terms and conditions are for ease of reference only and will not affect the interpretation or construction of these terms and conditions.

7.3 If the performance of our obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention because of fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, electricity or communications failures or other causes whatsoever (whether similar to the foregoing or not) beyond our reasonable control) we will be excused from such performance to the extent of such prevention.

7.4 We may change the content at any time without notice and will not be liable for errors or omissions in the content. Your continued access and use of the Site after the terms and conditions have been changed indicates your acceptance of those changes.

8. GENERAL DATA PROTECTION REGULATION COMPLIANCE

8.1 HR Profiling Solutions Limited is committed to full compliance with the European Union’s General Data Protection Regulation (GDPR). To learn more about HR Profiling Solutions Limited’s GDPR compliance including your right to access data, right to be informed about the collection and use of data, right to rectify incorrect data, right to restriction of process, right to data portability and right to be forgotten and data erasure, please contact us at info@hrprofiling.com.