Toggle left Slidebar
 
More Options

Terms & Conditions

CONSTRUCTION HUNTER – TERMS OF USE

Osman Scash McCall Pty Ltd trading as Construction Hunter Australia (ABN 27 159 985 967) (referred to as “Construction Hunter”, we or us) provides an online recruitment system between individuals looking for jobs (Candidates) and companies, advertisers and employers looking to recruit staff (Advertisers/Recruiters) in the mining and construction industry (collectively, the Services). The Services are available on our website which is accessible at www.constructionhunter.com.au (Site).

These Terms of Use (Terms) form a binding legal agreement between Construction Hunter, its directors, officers, employees, successors and assignees, and each person, organisation or entity using our Services (you, your or User). By using the Site and Services, you agree to comply with and be legally bound by the terms and conditions of these Terms. Please read the Terms carefully. Please contact us if you have any questions. You can contact us at terms@constructionhunter.com.au.

1. Recruitment Service Only

(a) The Site and Services provide an online recruitment system for Candidates and Advertisers/Recruiters, through which Advertisers/Recruiters can find and offer employment opportunities through posting employment advertisements (Job Ads) and directly contacting Candidates for roles within the construction and mining industry.

(b) Candidates and Advertisers/Recruiters may create a profile as per information requested on the Site (Profile).

(c) Advertisers/Recruiters can purchase subscription packages to view Candidate’s Profiles, and contact Candidates via their contact details provided on their Profiles to make arrangements with the Candidates.

(d) You understand and agree that the Site is an online recruitment system only. Construction Hunter’s responsibilities are limited to facilitating the availability of the Site and Services.

(e) Construction Hunter is not a party to any agreement entered into between a Candidate and an Advertiser/Recruiter. Construction Hunter is not a referrer or booking agent, and provides no such related services. We have no control over the conduct of Candidates, Advertisers/Recruiters and other users of the Site and Services. We disclaim all liability in this regard, as set out in the Terms.

(f) Any arrangement between a Candidate and an Advertiser/Recruiter is solely between the Candidate and the Advertiser/Recruiter. It is strictly and expressly not part of your agreement with Construction Hunter.

2. Editorial Postings

(a) The Site has a section which allows its registered users of the Site to post editorial which will be listed on the Site (Editorial Postings).

(b) Editorial Postings are for information purposes only and are visible to all visitors of the Site.

3. Contract

Your use of our Site and our Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, that you have legal capacity to enter into a contract for sale, and that you are eighteen (18) years or older or if younger than eighteen (18) years you have the approval of your parent or guardian. If this is not correct, or if you do not agree to the Terms, you are not permitted to use any of our Services.

4. Privacy Policy

The Privacy Policy on our Site sets out how we collect, use and protect your personal information. This is available on our Site.

5. Amendment

These Terms may be amended from time to time, without prior notice. Your use of our Services following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before continuing your use of our Services. Our agents, employees and third parties do not have authority to change the Terms.

6. Online Registration

(a) Each person may have one (1) account as a Candidate and one (1) account as an Advertiser/Recruiter on the Site including a Profile (Account).

(b) Basic information is required when registered on our Site as a Candidate or Advertiser/Recruiter. Both Candidates and Advertisers/Recruiters are required to provide certain information including name, email address, and location. Advertisers/Recruiters are required to provide a description of themselves, details about Job Ads and the required experience and qualifications of potential Candidates.

(c) Each Candidate and Advertiser/Recruiter agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Construction Hunter reserves the right to suspend or terminate your Account and your access to the Site and Services if any information provided to us, including for the Site, proves to be inaccurate, not current or incomplete.

(d) It is your responsibility to keep your Account details and password confidential. You are liable for all activity on your Account, including purchases made using your account details. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions.

(e) You will immediately notify Construction Hunter of any unauthorised use of your Account.

7. Payments

(a) Payments for Candidates and Advertisers/Recruiters differ.

(b) Candidates will register for an Account and Profile on our Site free of charge.

(c) Advertisers/Recruiters who register on our Site may activate a free account (Free Account), may make one-off purchases (One-off Purchases), or purchase subscription packages (Package) to access the database of Candidate Profiles as set out in the Construction Hunter Welcome Pack, attached.

(d) To access a Free Account, Advertisers/Recruiters may register for an Account on the Site to access the Site and Services. For One-off Purchases, Advertisers/Recruiters must make a one- off payment to access the Site and Services. For Packages that operate on a month-by-month basis and Advertisers/Recruiters will make payments on the first day of each month. For annual subscription Packages, Advertisers/Recruiters will make payments on the first day of the month on which the annual subscription begins.

(e) Advertisers/Recruiters may pay for the Services by debit, or credit card, including Visa and Mastercard. Advertisers/Recruiters with an NAB account may make payments through eWAY. If you purchase a Package, we will record your payment details at the time of purchase and automatically charge payments at the first day of each month pursuant to clause 7(d) (Billing Date). Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

(f) Advertisers/Recruiters may upgrade their Packages at any time. To upgrade, Advertisers/Recruiters must purchase the relevant Package and pay the relevant fees as set out in the Site.

(g) You agree to pay the relevant fees, in the currency specified on the Site and in the Construction Hunter Welcome Kit attached, at the time that you become an Advertiser/Recruiter on our Site and seek our Services.

(h) Goods and Services Tax (GST) will be charged where applicable.

(i) In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made, with exception to action taken under our Refund Policy set out at clause 12.

(j) If you make a payment by debit or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.

(k) Nothing prevents us from taking any action necessary to recover any unpaid purchase price. If you fail to pay, your information will be passed on for collection and or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If you at any time exceed our payment terms and as a result are passed on for collection and or legal action, we may place a default against you with a credit reporting agency.

(l) Our pricing structure or payment methods may be amended from time to time in our sole discretion.

8. Discounts and Promotions

(a) We may offer discounts and promotions, which may be applicable to the Packages from time to time. The conditions of use relating to any discounted or promotional Package will be specified on our Site at the time that it is issued.

9. Candidates and Profiles

(a) Candidates who have created an Account are permitted to create Profiles. Your Profile for your use of the Site is created from the personal information you provide to us.

(b) You agree to provide accurate, current and complete information during the registration process and on your Profile, and to update your information to keep it accurate, current and complete.

(c) Each Candidate acknowledges and agrees that he or she is responsible for their Profile.

(d) If a Candidate accepts a role with an Advertiser/Recruiter, any agreement entered into is between the Candidate and Advertiser/Recruiter. We are not a party to the agreement.

(e) You acknowledge and agree that while the Site allows Advertisers/Recruiters to communicate with Candidates, you are not permitted to share the contact information of any other Candidates with an Advertiser/Recruiter.

(f) Each Candidate represents and warrants that any content that they provide and any Profile that they post:

i. will not breach any agreements you have entered into with any third parties;

ii. will (be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Advertiser/Recruiter in your local area and country; and

iii. will not conflict with the rights of third parties.

(g) We assume no responsibility for a Candidate’s compliance with any applicable laws, rules and regulations.

(h) We reserve the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Construction Hunter, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

10. Advertisers/Recruiters and Services

(a) Advertisers/Recruiters can create Profiles and access the Site to find and communicate with Candidates.

(b) You agree to provide accurate, current and complete information during the registration process and on your Profile, and to update your information to keep it accurate, current and complete.

(c) Advertisers/Recruiters can review the Profiles of Candidates, contact the Candidate using the contact details provided on the Site, post Job Ads, use our “Headhunter” search engine and our CRM.

(d) If an Advertisers/Recruiters offers a role to a Candidate, any agreement entered into is between the Candidate and Advertisers/Recruiters. We are not a party to the agreement.

(e) You acknowledge and agree that while the Site allows Candidates to communicate with one another, you are not permitted to share the contact information of any Advertisers/Recruiters with another Candidate.

(f) Each Advertiser/Recruiter represents and warrants that any content that they provide:

i. will not breach any agreements you have entered into with any third parties;

ii. will (be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Advertiser/Recruiter in your local area and country; and

iii. will not conflict with the rights of third parties.

(g) We assume no responsibility for an Advertiser’s/Recruiter’s compliance with any applicable laws, rules and regulations.

(h) We reserve the right, at any time and without prior notice, to remove or disable access to any content posted by an Advertiser/Recruiter that Construction Hunter, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

11. Cancellation of Registration

(a) Candidates may delete their Profiles and Accounts at any time.

(b) Advertisers/Recruiters making One-off Purchases may cancel their Accounts at any time.

(c) Advertisers/Recruiters must provide us with 30 days’ notice in order for us to cancel your Package and must provide this notice by writing an email to accounts@constructionhunter.com.au.

(d) If an Advertiser/Recruiter cancels their month-by-month Package, their Accounts will be immediately deactivated and they will forfeit any amount of time remaining in the billing cycle to use our Services. Deactivation of the Accounts are permanent. If an Advertiser/Recruiter wishes to activate an Account again, a new Account will be created and any data associated to the previous deactivated Account will not be retrievable.

(e) If an Advertiser/Recruiter cancels their annual subscription Package, the Advertiser/Recruiter will be billed for any outstanding amounts they would have been billed had their subscription continued until the end of the 12 month period.

(f) If an Advertiser/Recruiter who has purchased a Package misses a payment, they must make the payment within 30 days of the relevant billing date. If the relevant payment is not made within this time, the Advertiser’s/Recruiter’s subscription to the Package will be suspended and all job advertisements that the Advertiser/Recruiter may have posted will be deactivated.

(g) No refunds will be made upon cancellation except as specified in clause 12.

12. Consumer Guarantees

(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

(b) If you are a consumer as defined in the ACL, the following notice applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. We will not provide refunds if you change your mind about our Services.

13. Confidential Information

(a) We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for any other purpose. All date collected through our website is stored securely with our host Net Virtue in the Equinix SY3 date centre in Sydney. The servers are configured with several security modules and strict firewall rulesets. Payments are made over an SSL-encrypted connection and card details are stored with eWAY, a PCI-DSS 2.0 compliant gateway.

(b) You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information.

(c) for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.

(d) These obligations do not apply to Confidential Information that:

i. is authorised to be disclosed;

ii. is in the public domain and/or is no longer confidential, except as a result of breachof these Terms;

iii. is received from a third party, except where there has been a breach of confidence; or

iv. must be disclosed by law or by a regulatory authority including under subpoena.

v. The obligations under this clause will survive termination of these Terms

(e) Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, the Site, information about the Candidates and Advertisers/Recruiters, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".

14. Copyright and Intellectual Property

(a) Our Site contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content). Construction Hunter and all material used in connection with the Site and the Apps are unregistered or registered trademarks of Construction Hunter.

(b) Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Construction Hunter (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; and Site content, images and layout.

(c) You agree that, as between you and us, we own all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the Site and Services. The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Construction Hunter or the owner of the content.

(d) Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

(e) Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Construction Hunter or the applicable trademark holder.

(f) Users of the Site do not obtain any interest or license in the Intellectual Property or Third Party Marks without the prior written permission of Construction Hunter or the applicable trademark holder. Candidates and Advertisers/Recruiters may not do anything which interferes with or breaches the Intellectual Property rights.

15. User License

(a) Subject to these Terms, Construction Hunter grants the User a personal, non-exclusive, non- transferable, limited and revocable license to use the Site and Services for your own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the Candidate or Advertiser/Recruiter as permitted in accordance with these Terms (User License), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.

(b) The right to use the Site and Services is licensed to you and are not being sold to you. You have no rights in the Site and Services other than to use it in accordance with these Terms.

(c) This Agreement and User License governs any updates to, or supplements or replacements for, the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

16. Permitted and Prohibited Conduct

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Services. In connection with your use of our Site and Services, you may not and you agree that you will not:

(a) use the Site and Services for any commercial or other purposes that are not expressly permitted by these Terms;

(b) register for more than one (1) Account as a Candidate and one (1) Account as an Advertiser/Recruiter or register for an Account on behalf of an individual other than yourself;

(c) use the Services to find a Candidate and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Construction Hunter provision of the Services;

(d) submit any false or misleading information;

(e) as an Advertiser/Recruiter, make any offers to the Candidates that you do not intend to honour or cannot provide;

(f) as a Candidate, make any offers to the Advertisers/Recruiters that you do not intend to honour or cannot provide;

(g) as an Advertiser/Recruiter, contact any Candidates for any purpose that is not related to a Profile or the Services;

(h) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

(i) copy, store or otherwise access any information contained on the Site and Services or Content for purposes not expressly permitted by these Terms;

(j) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(k) use our Site and Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(l) use our Site and Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;

(m) stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Candidate or Advertiser/Recruiter;

(n) use, display, mirror or frame the Site or any individual element within the Site, Services, Construction Hunter’s name, any Construction Hunter trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Construction Hunter’s express written consent; or

(o) advocate, encourage, or assist any third party in doing any of the foregoing.

17. Content

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Construction Hunter and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Collective Content.

You must not post, upload, publish, submit or transmit any content that:

(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade

secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) is fraudulent, false, misleading or deceptive;

(c) denigrates the Site, Services, or a Candidate or Advertiser/Recruiter;

(d) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(e) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(f) is violent or threatening or promotes violence or actions that are threatening to any other person; or

(g) promotes illegal or harmful activities or substances.

18. User Content

Candidates are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content on or through the Site and Services, you grant to Construction Hunter a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty- free license to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site and Services. You are solely responsible for all User Content that you make available through the Site and Services. You represent and warrant that:

(a) you either are the sole and exclusive owner of all User Content that you make available through the Site and Services, or that you have all rights, licenses, consents and releases that are necessary to grant to Construction Hunter the rights in such User Content, as contemplated under these Terms; and

(b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Construction Hunter’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

19. Disclaimers

(a) Construction Hunter does not guarantee that potential employment offers will be offered to Candidates by Advertisers/Recruiters, nor do we guarantee that Advertisers/Recruiters will be able to find desirable Candidates.

(b) Construction Hunter does not endorse any Candidate, Advertiser/Recruiter, Candidate Profile or Advertiser/Recruiter Profile, Editorial Postings or Services. We require Candidates and Advertisers/Recruiters to confirm that they have provided accurate information. Construction Hunter does not perform any sort of background checks of Candidates and Advertisers/Recruiters, and do not confirm, any Candidate or Advertiser’s/Recruiter’s identity, Candidate Profile or Services.

(c) Construction Hunter cannot and does not control the content contained in any Profiles or Editorial Postings or the condition, legality or suitability of any Candidate, Editorial Postings or Services. Advertisers/Recruiters are responsible for determining the identity and suitability of Candidates that they contact via the Services.

(d) Construction Hunter accepts not responsibility for the content contained in any job advertisements posted by Advertisers/Recruiters on the Site or any content contained in the Editorial Postings.

(e) Construction Hunter accepts no responsibility for and makes no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Construction Hunter disclaims any and all liability related to any and all Candidates, Advertisers/Recruiters, Profiles, Editorial Postings and Services.

(f) By using the Site and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Candidates or Advertisers/Recruiters or other third parties will be limited to a claim against the Candidate or Advertiser/Recruiter or other third party who caused you harm. We encourage you to communicate directly with the relevant Candidate or Advertiser/Recruiter on the Site and Services regarding any communications or arrangements made between you and to resolve any dispute between you.

(g) To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site and Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non- infringing or free of defects or errors.

(h) For the avoidance of doubt, Construction Hunter is not responsible for any taxation, visa or immigration matters associated under these Terms. We advise that all Candidates and Advertisers/Recruiters using our Site and Services to seek their own advice in relation to these matters.

(i) Each Candidate and Advertiser/Recruiter who uses the Site and the Services do so at their own risk.

(j) We exclude all express and implied conditions and warranties, except for your Rights, to the fullest extent permitted by law, including but not limited to:

i. Construction Hunter expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

ii. Construction Hunter does not warrant that the Site and the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or your access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;

iii. Construction Hunter takes no responsibility for, and will not be liable for, the Site, the Services, the Candidates, the Advertisers/Recruiters and Services being unavailable, failing to meet the Profile description, failing to meet your needs, or of being less than merchantable quality; and

iv. Construction Hunter will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, Services, Content, inability to access or use the Site, the Services, the Profile, the Services, or the Terms, even if Construction Hunter was expressly advised of the likelihood of such loss or damage.

(k) You agree not to attempt to impose liability on, or seek any legal remedy from Construction Hunter with respect to such actions or omissions.

20. Limitation of Liability

(a) Our total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

(b) You agree that you are purchasing our Services on a voluntary basis and that you assume all financial risks that may be incurred through participating in our Services.

(c) Construction Hunter will not be responsible for the outcomes that may arise as a result of your using our Services. You agree that the onus remains on you to achieve your desired business goals.

(d) We exclude all liability for the Editorial Postings, any content in these Postings and any outcomes that may result from you reading the content in Postings.

(e) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Construction Hunter and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

(f) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Construction Hunter.

21. Indemnity

(a) You agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to our Services; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.

(b) We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.

(c) This defence and indemnification obligation will survive these Terms and your use of the Site and Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

22. General

(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

(b) Termination: We reserve the right to refuse supply of the Services required by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.

(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control.

(d) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

(f) Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

Project News

View All
New : South Galilee Coal Project
New : South Galilee Coal Project

Location: 150 km north of Blackall QLD

Kooragang Island Terminal 4 Project
Kooragang Island Terminal 4 Project

Location: Newcastle
Projected Manager

State Drill Core Library Relocation
State Drill Core Library Relocation

Location: Tonsley Park, South Australi

Carrara Sports Precinct
Carrara Sports Precinct

Location: Carrara, QLD
Project Budget

Create a Job Ad Now

Make sure your job ad is seen by Australia’s best talent and engage in a live, cloud based environment specific to your industry.

Post a job now

Headhunter

Our profile based recruiting platform; connecting you with Australia’s leading candidates in real time.

Start hunting

Create your unique profile

Take control of your future by creating a standout profile, this may well be the last resume you ever write.

Click here to get started