Terms & Conditions

Definitions

“Firebrand” means Firebrand Talent (a division of Aquent, LLC) ABN 72 154 847 800 and all its subsidiaries globally trading as Firebrand Talent. “Site” refers to this Internet website (www.firebrandtalent.com) and other Firebrand websites linked to this Site, including any downloads from it.

Your use of Firebrand’s Site is subject to the following Terms and Conditions in conjunction with our Privacy Policy, which you are deemed to accept and agree to comply with each time you use the Site. These Terms and Conditions may be changed at any time and without notice. Please visit this page regularly to take note of any changes. You will be deemed to accept the Terms and Conditions as amended when you next use the Site following any change. 

Our recruitment services and our business relationship with you is also subject to our standard terms and conditions for clients and candidates, which will be provided by one of our talent agents when you are discussing your recruitment needs. These Terms and Conditions are in addition to and not in substitution for our standard terms of business for clients and standard terms and conditions for candidates. 

This Site resides on a server in New South Wales, Australia. Firebrand does not represent that it holds any authorisations or approvals required to provide its services in any or all jurisdictions where the information or material on this Site may be viewed or received. We reserve the right to change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site features, databases or content.

Use of Site

The purpose of this Site is to provide you with our services and general information. You must not breach any term of our Acceptable Use Policy set out below. 

Links to or from other websites

Firebrand may provide links to references to websites of third parties. In addition, clients and providers may also provide links to their website. Firebrand does not accept responsibility, nor will be held liable, for the content, reliability, security, or privacy practices of these websites. Nor can it be assumed that Firebrand has reviewed or approved any such website or its content, nor do we warrant that the links to these websites work and are current. The use of any such websites is entirely at your own risk.

Disclaimer 

The information and material on this Site is intended to provide a general guide only. While Firebrand uses reasonable care in compiling and presenting the information and material on this Site, we make no representation or warranty whatsoever regarding the accuracy, currency, completeness, adequacy, suitability or operation of this Site, any services we may provide through it, or the information or material it contains.

To the maximum extent permitted by law, Firebrand shall not be responsible or liable for:

any loss, liability or damage suffered or incurred arising out of or in connection with any access to or use of this Site or any of its content;

any reliance on, or decision made on the basis of, information or material shown on or omitted from this Site;

loss of revenue, loss of actual or anticipated salary, loss of actually or anticipated profits whether arising in the normal course of business or otherwise (including without limitation loss of profits on contacts), loss of or damage to employment prospects, loss of opportunity, loss of the use of money, loss of anticipated savings, loss of business, loss of goodwill, loss of or damage to reputation, loss of or corruption to data, loss of management or administration time, legal and other professional fees and expenses which may arise out of any person relying on or using any information on this Site

any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However nothing in the above shall limit or exclude Firebrand’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on this Site;

any representation or otherwise that any employer or client will ask for a candidate's information, ask to interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client;

any breach of these Terms and Conditions by Firebrand caused by circumstances beyond its reasonable control;

any fault, delays, interruptions or lack of availability of this Site, and any of the services provided through this website, which may occur due to intermittent failures of this Site or the need for repairs, maintenance or the introduction of new facilities or services or due to technical issues beyond our control;

any representation that data provided through this Site will be free of worms, viruses, Trojan horses or any other computer code that may adversely affect any communication;

any information or material carried on any website operated by a third party which may be accessed from this Site.

If any warranty cannot be excluded, to the maximum extent permitted by law, Firebrand's liability will be limited to resupply of the relevant service, the cost of resupplying the service or the cost of repairing the services, at our option. In any event, Firebrand will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.

You agree fully to indemnify us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arsing from use or misuse by you of this Site.

Signing Up on Our Site

If you upload your CV, submit your CV, apply for a job, fill in a contact form, or sign up for job alerts, you must ensure that the details provided by you at that or at any other time are accurate, up-to-date and complete. You must immediately update and inform us of any changes to the information that you initially or earlier uploaded or submitted through the Site, so that we can communicate with you effectively and provide accurate up to date information to the Employers.

By using this Site, you are solely responsible for any and all occurrences, which includes maintaining up-to-date, correct and complete information and uploading materials that do not breach or infringe the Intellectual Property Rights of any third party.

We may suspend or cancel any email communication immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions or the Online Privacy Policy or Privacy Policy.

You can unsubscribe from receiving email communication from Firebrand by clicking the unsubscribe link at the bottom of any received email or emailing unsubscribe[at]firebrandtalent.com. 

Other Firebrand offices globally may access any information submitted by you. 

Aggregate information

We may gather information and statistics collectively about all visitors to this Site that may include the information supplied by you. This will help us to understand our users thereby creating a better recruitment process. We will not disclose individual names or identifying information. We believe this information helps us determine what is most beneficial for our users and how we can continually improve our online service. We may share this kind of aggregate data with selected third parties to assist with these purposes. We process personal data in accordance with our Online Privacy Policy and Privacy Policy. 

Intellectual Property

All trademarks, trade names, logos, information and material available and/or generated, or any other intellectual property rights on this Site are the property of Firebrand Talent (a division of Aquent, LLC) ABN 72 154 847 800 and its subsidiaries trading as Firebrand Talent and its licensors. Any unauthorised reproduction is prohibited.

You may only access, use and print the information and material on this Site for non-commercial or personal use provided that you keep intact all copyright and proprietary notices. You must not otherwise reproduce, adapt, store, transmit, print, display, commercialise, publish or create derivative works from any part of the content, format or design of this Site. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information of the Site. If you seek to reproduce or otherwise use the content in any way it is your responsibility to obtain approval from us for such use where necessary. 

Acceptable Use Policy

You must only use the services provided through this Site for their stated purpose. You must not use the services provided by this Site to:

send, upload, display, disseminate or otherwise make available any unlawful, discriminatory, harassing, libellous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable material, or otherwise breach any laws;

send, upload, display, disseminate or otherwise make available material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise may breach any applicable laws, regulations or code of practice;

interfere with any other person's privacy or use or enjoyment of this Site;

fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, a Firebrand representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;

mislead or deceive Firebrand, its Representatives and any third parties who may rely on the information provided by you, by providing inaccurate, incomplete or false information, which includes omissions of information;

disguise the origin of any material transmitted through the services provided by the Site (whether by forging message/packet headers or otherwise manipulating normal identification information);

send, upload, display, disseminate, or otherwise make available material which infringes any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party);

send, upload, display, disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, phishing mail, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorised advertising or promotional material;

send, upload, display, disseminate or otherwise make available material containing viruses, trojans or other disabling devices or material designed to interfere with the operation of the Site, or impair, destroy or interrupt the performance of any hardware or software, or which alters or deletes any information or otherwise damage the operation of this Site;

obtain unauthorised access to or interfere with the performance of the servers which provide the services or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers; or collect, whether aggregated or otherwise, data about other users of the services;

collect, whether aggregated or otherwise, data about other users of the Site or its services.

to take any action that adversely affects Firebrand’s reputation. 

Firebrand in its sole discretion shall determine your compliance with the above and shall have the right to prevent you from using the Site and/or to delete from the Site immediately and without prior notice any material that it deems not to comply or to be objectionable for any reason.

Termination

We may at our absolute discretion deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without notice or explanation.

If any provision of these Terms and Conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Your use of this Site and downloads from it, and the operation of these Terms and Conditions, shall be governed in accordance with the law of New South Wales and Australia. The courts of New South Wales shall have exclusive jurisdiction over any dispute arising out of the use of this website.

© Firebrand Talent (a division of Aquent, LLC) ABN 72 154 847 800

17th April 2013

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