Terms and Conditions of Website Use
Any user of a Finite website (including anyone who registers with Finite in any capacity through its websites) (User) agrees to these terms and conditions for website use.
This document explains the terms and conditions applicable to every occasion when a User accesses a Finite website. These terms and conditions apply to all Users in Australia and New Zealand, and any Users accessing a Finite website from overseas. If you do not accept these terms and conditions, you are not authorised to use Finite’s websites.
In these terms and conditions, the expressions “Finite” “us”, “we” or “our” means Finite Group APAC Pty Ltd, ABN 43 085 406 300, (trading as Finite Recruitment, Finite IT Recruitment Solutions, Rowben Consulting and FinXEC IT Executive Recruitment) and its related bodies corporate in Australia and New Zealand, including FinXL Professional Services Pty Ltd, ABN 74 104 804 793, (trading as FinXL IT Professional Services, XL Digital and Southern Cross Computing), Finite Group NZ Limited (trading as Finite IT Recruitment Solutions and Ninetwenty) and FinXL Professional Services NZ Limited (trading as FinXL IT Professional Services and XL Digital), and any of their respective employees or agents.
Unlawful or improper use of a Finite website
Users will not:
- use a Finite website for, or to encourage, any unlawful purpose;
- post or transmit on a Finite website any libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
- post or transmit on a Finite website any material which:
- contains any virus or other disabling devices which interferes or may interfere with the operation of a Finite website;
- alters or deletes any information which the User has no authority to alter or delete; or
- overloads a Finite website by spamming or flooding it;
- use any device, routine or software to crash, delay, or otherwise damage the operation of a Finite website; or
- take any action that affects Finite’s reputation or that defames, abuses, harasses or threatens others.
Finite in its sole discretion shall determine a User’s compliance with the above and shall have the right to prevent any User from using a Finite website and/or to delete from the website (immediately and without prior notice) any material to which it objects for any reason.
Use of Finite’s Material
In relation to any material available through accessing a Finite website (the Material), Users agree:
- not to copy, modify or distribute the Material for any purpose other than personal use, without gaining the written consent of Finite;
- not to commercialise (in any form or by any means) any information, products or services contained on our websites without our prior written consent;
- the Material is protected by copyright and all copyright and proprietary notices in the Material must be kept intact;
- all trademarks, trade names, logos and information contained in the Material (the Property) are the property of Finite, or as stated;
- not to use the Property or the Material (including by reproducing, uploading to a third party, linking to, framing, harvesting, “scraping” or otherwise manipulating, storing in a retrieval system or transmitting any part of the Property or the Material) without first obtaining Finite’s prior written consent. This prohibition applies to such actions regardless of their form or means (electronic, mechanical, microcopying, photocopying, recording, or otherwise);
- not to attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in a Finite website;
- not to post to a Finite website any material which infringes any intellectual property rights of a third party; and
Finite agrees that it will:
- use all reasonable efforts to have this website available to Users without fault or interruption;
- take reasonable care in compiling and presenting the Material; and
However, Finite (and its employees, agents and officers) gives no representation or warranty in respect of the Material and excludes all such representations and warranties (whether express or implied) and all liability and responsibility for the following (unless such exclusion is not permitted by law):
- any costs, damages or losses incurred by Users in connection with their access to or use of a Finite website (including any actual or anticipated loss of/damage to revenue, salary, profit, contracts, employment prospects, opportunities, money, savings, business, goodwill, reputation or data and any associated costs for management/administrative time or professional fees and expenses), including consequential, incidental, exemplary, punitive or special damages by reason of misrepresentation, negligence or other tort, breach of contract or breach of a statutory duty which arises directly or indirectly from the subject matter of a Finite website;
- any reliance by Users on the content of a Finite website in terms of its suitability, currency, accuracy or adequacy;
- any costs, damages or losses incurred by Users in connection with their access to or use of external sites to which this website provides links, including but not limited to the suitability, currency, accuracy or adequacy of the content on these external sites. The use of external links is at the Users own risk;
- any lack of availability to Users of this website due to factors outside of Finite’s control or due to the periodic need for maintenance, repair and updating of a Finite website; and
- any perceived guarantee, representation or warranty that Users rely on in relation to the availability, suitability, requirements or specifics of any engagement or appointment advertised on a Finite website.
Finite does not guarantee that any employer or client will ask for a candidate's information, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through a Finite website. Whilst we take all reasonable endeavors to ensure it is the case, we do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.
Any liability of Finite that cannot lawfully be excluded is limited, at Finite’s election, to the resupply of the relevant goods or services, the repair of the goods or services or to paying for the cost of having the goods or services supplied again or repaired.
Any Users that choose to register for a service offered on this website or register as a candidate for employment or any other engagement through Finite agree that a User:
- shall not mislead or deceive Finite or any third parties who may rely on information provided by the User by providing inaccurate, incomplete or false information;
- shall be solely responsible for the suitability, currency, accuracy or adequacy of the information the User submits;
- shall be solely responsible for the security and proper use of any passwords provided to the User as part of registration and accept full liability for any unauthorised or improper use or disclosure of any such passwords; and
- may have their registration or account suspended or cancelled by Finite with immediate effect if the User breaches any of these terms and conditions.
Users agree to indemnify Finite and keep Finite fully indemnified against all losses, liabilities, costs, expenses, claims or proceedings arising from use or misuse by Users of a Finite website.
Finite may, at its absolute discretion, at any time and without explanation:
- deny any User access to this website or any part of it (which may include denial of any of the services/information available through a Finite website);
- change, suspend or withdraw any part of a Finite website; and
- amend these terms and conditions. The latest version of the terms and conditions will be available as a link on this website and your use of a Finite website will constitute your agreement to the amended terms.
The User’s use of Finite’s websites is at the User’s own risk. We do not guarantee that our websites are free from viruses, or that access to our sites will be uninterrupted. The User should therefore ensure that the way they access our websites does not expose the User’s equipment to the risk of viruses or other forms of interference which may cause damage.
If any provision of these terms and conditions are 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, and downloads from, a Finite website, and the operation of these terms and conditions, shall be governed in accordance with the laws of New South Wales, Australia. The Courts which operate in New South Wales shall have exclusive jurisdiction over any dispute arising out of the use of a Finite website.
In case of any query regarding the information on or use of a Finite website, please contact Finite at:
23, Angel Place, 123 Pitt Street, Sydney, NSW 2000, Australia
Telephone: +61 2 8243 6868
Terms and conditions last updated on 10 October 2018