Harris Scarfe Careers Website – Terms & Conditions Of Use

This website is owned and operated by DS Opco Pty Ltd (095 018 803)Harris Scarfe (‘Harris Scarfe’). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (‘Terms’). References to ‘us’ mean Harris Scarfe and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to ‘you’ mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.

Copyright in website material

Harris Scarfe is the owner or authorised user of all intellectual property in and associated with the website. Harris Scarfe is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.

You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, associated with the website.

Intellectual Property

Advertising

This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Harris Scarfe. Harris Scarfe does not control the content of and is not responsible for the advertisements. Harris Scarfe will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.

Third party sites

This website may contain links to third party websites. These links are not recommendations or endorsements by Harris Scarfe and Harris Scarfe does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

Content

“Content” means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos.

“Disseminate” means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.

From time to time you might be entitled to create and upload Content to be stored on the Harris Scarfe website provided that:

The Content will be your original work.
You will not copy, plagiarise, reproduce or otherwise Disseminate the work of any other person.
The Content will not infringe the intellectual property rights of any third party.
The Content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube and
You adhere to these Terms.
You grant Harris Scarfe the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the Harris Scarfe website or via such other medium or channel as determined by Harris Scarfe from time to time.
You consent to other Harris Scarfe website users accessing, using and viewing the Content.
You will at all relevant times remain the exclusive owner of the Content that you create and upload to the Harris Scarfe website.
Harris Scarfe has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.

You waive the following Moral Right’s in respect of the Content that you create and upload:

The right to attribution of authorship as defined in the Copyright Act 1968, and
The right of integrity of authorship as defined in the Copyright Act 1968, and
The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.
This section headed “Content” survives the termination of these Terms.

Restrictions on use

You must not use the Harris Scarfe website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:

the Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material.
the impersonation or theft of another person’s identity or falsely state or otherwise misrepresent your affiliation with a person, including Harris Scarfe.
the creation or Dissemination of false or alias identities.
to harass, threaten, stalk or otherwise communicate with any person against their will.
to vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics.
the Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the Harris Scarfe website, whichever is younger.
to defame, slander or libel any person.
for the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities.
for the purpose of phishing.
for the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means.
to Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights any person.
to Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable.

You must not:

copy, or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the Harris Scarfe website by other people.
commercialise all or part of the Harris Scarfe website.
use the Harris Scarfe website or upload Content to promote, market, distribute or sell any goods or services.
make any adaptation, modification or derivative work of the other people’s Content.
sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms.
use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to:
disable, damage, disrupt or disassemble all or part of the Harris Scarfe website, or
communicate or seek to communicate with persons using the Harris Scarfe website.

Disclaimer

You are entitled to statutory consumer guarantees under the Australian Consumer Law. Harris Scarfe does not exclude or limit those consumer guarantees.

Harris Scarfe makes no warranty or guarantee regarding:

your use of the website or any material on the website.
your ability to access or use the website or any material on the website at any time.
the loss or modification of information or material transmitted to or from the website.
the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted.
the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website.
the products displayed on the website being available at any time.

If Harris Scarfe breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Harris Scarfe for a breach of the applicable term, condition or warranty is limited to, at the election of Harris Scarfe:

the resupply of the relevant product, advice, service, recommendation or information, or
the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.

Indemnity

You indemnify Harris Scarfe, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.

Privacy

Any personally identifiable information that you submit through or in relation to the website is collected and used by Harris Scarfe in accordance with its Recruitment Privacy Statement and Privacy Policy.

Additional Terms

Additional terms and conditions are attached to certain pages of the website from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.

Changes to the website and your access

Without prior notice to you and in its absolute discretion, Harris Scarfe reserves the right to:

vary or discontinue the website or any page of the website at any time; and
suspend or terminate your access to part or all of the website at any time,

and Harris Scarfe is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

Changes to the Terms

Harris Scarfe reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website but will not apply retrospectively or to any of your then current orders. You should review this page regularly to ensure that you are aware of any changes to the Terms.

Severance of clauses

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

Governing law

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Australia.