Thank you for visiting our website.
Access to and use of this website is provided by Flourish Employment Solutions Pty Ltd (ACN 616 256 207) (“Flourish” and as the context requires “we“, “our” or “us“).
By accessing or using our website, you agree to these terms and conditions. If you do not agree with any part of these terms and conditions, you must not access or use any part of our website.
In order to access and use any of our products and services, you will also need to agree to the terms and conditions for such products and services.
Flouirsh may at any time modify these Terms and Conditions. Any modified version becomes effective at the time it is made available on the website. By using the website after the modifications are made, you accept the modifications.
Copyright, trademarks and other intellectual property rights
Unless otherwise stated, the copyright and other intellectual property rights in all material on this website including without limitation the text, computer code, artwork, photographs, graphical images, software, files, designs, applications and video material (the “Material”) are owned by or licensed to us. All the copyright and other intellectual property rights in our website and the Material on our website is reserved.
You may download and view our website in a web browser and print pages from our website for your own personal and business purposes but must not use our website or Material for any other purposes. In particular, you must not copy, reproduce, licence, sub-licence, sell, transfer, assign, distribute, modify or otherwise provide access to or commercially exploit the Material unless you own or control the relevant rights in such Material. This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions that we specify.
Website content
Our website is intended to provide general information only and has been prepared by us without taking into account any particular person’s specific circumstances. You should, before acting on any information contained on our website, consider the appropriateness of this information having regard to your specific circumstances.
While we take reasonable care to ensure that the information on our website is correct, we do not warrant the accuracy or completeness of any material on our website. Our website may contain inaccuracies and other errors, and is provided “as is”, without any conditions, warranties or other terms of any kind. We make no express or implied representations or warranties of any kind related to our website or the material contained on our website.
Links to third party websites on our website are provided solely for your convenience. If you use any of these links, you will leave our website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to on our website, you do so entirely at your own risk.[1]
We may make changes to the material on the website, or to the products or services and prices described in it, at any time without notice.
We aim to ensure that our website is normally available 24 hours a day, but we will not be liable if for any reason our website is unavailable at any time or for any period. We cannot guarantee that our website is free from viruses or anything else which may damage any computer which accesses our website or any data on such a computer.
User conduct and material
Other than personally identifiable information, which is covered under our Privacy Policy, any material that you transmit or post to our website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our related entities, officers, directors, shareholders and agents will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are not permitted to post or transmit to or from our website any material:
- that is unlawful, threatening, abusive, defamatory, obscene, indecent, seditious, offensive, pornographic, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or otherwise affects the functionality or operation of our website or its serves or the functionality or operation of any other users’ computer systems; or
- which violates or infringes the rights of others (including their intellectual property, privacy and publicity rights).
We reserve the right to cooperate fully with any government agency or law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting material which the agency or authority claims violates any applicable law.
Exclusion of Liability
To the maximum extent permitted by law, we (together with our related entities, and our officers, directors, employees, shareholders and agents) expressly exclude all liability whatsoever for any loss or damage of any kind (including without limitation any direct, indirect, special, or consequential loss or damage, or any loss of income, profits, goodwill, data, contracts, or loss or damage arising from or connected in any way to business interruption) whether arising in tort, contract or otherwise, that arises out of or in connection with your use of our website or the material on our website, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to or use of our website or your downloading of any material from our website. Nothing in this paragraph will exclude or limit liability for fraud or any liability which cannot be excluded or limited under applicable law.
By using our website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.
Miscellaneous
By agreeing to these terms and conditions, you are also agreeing to our Privacy Policy.
We may update these terms and conditions at any time by posting a new version on our website. You should check our website from time to time to review the then current terms and conditions, because they are binding on you.
If any provision of these terms and conditions is held to be invalid, illegal or unenforceable that provision will be deemed omitted to the extent that it is invalid, illegal or unenforceable and the remainder of the terms and conditions will not be affected.
Nothing on this website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
You must not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.
You agree to use your best endeavours to resolve any dispute arising out of or relating to these terms and conditions with us prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
Any notices to us, and any questions, concerns or complaints relating to our website or these terms and conditions must be in writing and addressed to Enquiry Officer, Flourish Employment Solutions Pty Ltd, Level 7, Currency House, 23 Hunter Street, Sydney, NSW, 2000] or give by email to services@flourishpeople.com.au.
Governing law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of New South Wales, Australia. Disputes arising in connection with these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.