Terms and Conditions
Acumen Human Capital Pty Ltd ACN 72 095 906 157 allows you to use this Website ("Website") on the following terms.
By accessing the Website, you agree to the following terms ("Terms of Use"):
Website Information: Acumen Human Capital does not guarantee and does not warrant the accuracy, currency or completeness of information available through the Website ("Website Information"). The Website Information does not create any warranty not expressly stated in these Terms of Use. Changes may occur at any time that impact on the accuracy, currency or completeness of the Website Information.
Your use of the Website: You may use our Website only for lawful purposes. You may not use our Website:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards including as set out in this document or the provisions of these terms and conditions.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our clause 8 "Intellectual Property" and these Terms of Use.
- You agree not to:
(a) disrupt, modify, alter, tamper or interfere with the Website, any material on or associated with it or its associated software, hardware and servers or their operation in any way;
(b) impede or interfere with others’ use of the Website;
(c) do anything which imposes a disproportionate or unnecessary load on the Website or associated infrastructure; or gain, or attempt to gain unauthorised access to secure parts of the Website.
Other than connecting to Acumen Human Capital's servers by HTTP requests using a web browser, you may not attempt to gain access to Acumen Human Capital's servers or the Website by any means – including, without limitation, by using administrator or other passwords without authority. If you do so, your access to the Website, and your right to use it will immediately be terminated, without limiting Acumen Human Capital's other rights.
Under such circumstances, all data entered by you on the Website may be deleted or retained at Acumen Human Capital's discretion (subject to any relevant statutory obligations).
Privacy and your personal information: Acumen Human Capital may need to collect personal information about you to allow you to access and use the Website. Acumen Human Capital will only collect, use and disclose your personal information subject to Acumen Human Capital’s Privacy Policy, which is found here: Privacy Policy.
Availability of Website: Acumen Human Capital makes reasonable efforts to ensure that the Website is available for users but does not warrant that the Website will be accurate error free or free of harmful components, or that your use of it will be error free or uninterrupted. You acknowledge and agree that Acumen Human Capital will not be held liable for any failure or inability to provide continuous, error free, uninterrupted access to and use of the Website. You acknowledge and agree that Acumen Human Capital will not be held liable for any errors, inaccuracies or service interruptions, including power outages or system failures or any unauthorised access to or alteration of, or deletion, destruction, damage, or loss of any data, images, text or other information or content belonging to you.
- At any time and without notice, Acumen Human Capital may (subject to any relevant statutory obligations) suspend the Website or its operation, or disconnect or deny your access to any part of it, including:
(a) during any technical failure, modification or maintenance involving the Website;
(b) during any internet or telecommunications connectivity problems or other circumstances beyond Acumen Human Capital's control; or
(c) if you fail to comply with the terms of any agreement you have with us (including these Terms of Use) or if you do, or allow to be done, anything which in Acumen Human Capital's opinion may jeopardise or hinder the operation of the Website.
Intellectual Property: Unless otherwise indicated, Acumen Human Capital owns, or uses under licence, all copyright, trade marks and other intellectual property rights in the contents and design of those parts of the Website which were developed by or on behalf of Acumen Human Capital. Copyright in materials on the Website is protected under the Copyright Act 1968 (Cth) and except as permitted under the Copyright Act or other applicable laws or as permitted below, you must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of the Website without Acumen Human Capital's prior written consent or the consent of the applicable author (as applicable).
Implied Terms: The only terms and warranties implied into these Terms of Use are those which cannot be lawfully excluded, restricted or modified. All other conditions and warranties that may be implied by law are excluded to the extent legally permitted.
Exclusion of liabilities: To the extent legally permitted, Acumen Human Capital is not liable to you for any claim, expense, loss or damage incurred by you arising directly or indirectly out of the access or use of (or inability to access or use) the Website (including any reliance by you on any Website Information or any information contained on a linked site), whether indirect, direct, incidental, special, consequential, or other loss or damage (including exemplary damages), and whether such liability arises out of contract, tort (including negligence by Acumen Human Capital), statute or otherwise.
Indemnity: You indemnify Acumen Human Capital against all claims, expenses, losses and damages and liability incurred by Acumen Human Capital arising directly or indirectly out of your use of the Website or any Website Information, products or services and whether indirect, direct, incidental, special, consequential, or other loss or damage (including exemplary damages), and whether such liability arises out of contract, tort, statute or otherwise.
Termination: Acumen Human Capital may terminate these Terms of Use and your access to the Website at any time and without notice.
Variation of terms: Acumen Human Capital may at any time vary these Terms of Use by publishing amended Terms of Use on the Website, which will be effective from the date of publication. Acumen Human Capital reserves any rights not expressly granted in these Terms of Use. You should review these Terms of Use each time you access the Website so that you are aware of any changes made to them.
Jurisdiction: These Terms of Use and any disputes arising under them or otherwise in relation to the Website are governed by and construed in accordance with the laws of New South Wales, Australia.
Contact us here should you require further information or have any concerns.