Terms and Conditions

1. INTRODUCTION  

a. Hired Solutions website www.hiredsolutions.com.au (“Website”) is operated by ACN 64 620 87 91 trading as ‘Hired Solutions’ (“Hired Solutions”, “us” or “we”).  

b. Any access or use of this Website is subject to these terms and conditions (“Terms”). By accessing, using, browsing or otherwise using this Website, you acknowledge and agree that you have understood and agree to be bound by these Terms. If you do not agree to these Terms, you shall immediately cease accessing or using this Website.  

c. We reserve the right to amend, remove, delete or otherwise update the Terms at our sole discretion. Any such change or amendment to these Terms shall take immediate effect from the date of publication.   

2. ACCEPTANCE  By remaining, accessing or continuing to use this Website, you acknowledge and agree to be bound by these Terms, whether or not you are prompted to or confirm that you agree to these terms in the user interface of this Website.  

3. USE OF WEBSITE  
a. As part of your use of the Website, you may choose or be required to provide personal information about yourself (such as identification or contact details), including:  i. Full name ii. Residential and Postal Address iii. Email address iv. Telephone number

b. When providing such information to Us, you agree and warrant that you will provide accurate, correct and up to date information.

c. You may not use our Website or services if you:
i. Are not able to enter into a binding contract with Hired Solutions due to not being of age, lacking capacity or any other legal reason. ii. You are restricted from receiving our services under the laws of Australia or any relevant jurisdiction governing you.
 
d. You agree and warrant that you will only use our website in good faith for purposes that:
i. Are consistent with these Terms and, if applicable, any other contractual arrangements between us;
ii. Are permitted pursuant to any applicable law, rule or regulation governing Us and you;
iii. Are not illegal or fraudulent in nature.
iv. Are not deemed by us to be automated use of this Website or our services.  

4. INTELLECTUAL PROPERTY  
a. This Website and our services are subject to copyright, trade mark and intellectual property laws.  

b. All materials, including but not limited to any text, images, content and otherwise on this Website, are protected by copyright under the laws of Australia.  

c. Unless otherwise stated, all intellectual property on this Website belongs to and is reserved by Hired Solutions.

d. All trade marks, service marks, trade names and other intellectual property are owned, registered, reserved to registered and/or licenced by Hired Solutions.  

e. Upon acceptance of these Terms, Hired Solutions grants you a worldwide, non-exclusive, royalty-free, revocable licence to:
i. Use the Website pursuant to the Terms;
ii. Copy and/or store the Website or material contained in the Website on your computer or electronic device’s cache memory; and
iii. To print pages from the website for your own personal and non-commercial use.  

f. Hired Solutions does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by Hired Solutions.   

5. PRIVACY  
a. Hired Solutions takes privacy seriously and any information provided through your use of the Website are subject to Hired Solutions Privacy Policy, which is available on the Website or upon written request to Hired Solutions.   

6. DISCLAIMERS  
a. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 
b. Subject to this clause, and to the extent permitted by law:
i. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and  
ii. Hired Solutions will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with these Terms (including as a result of not being able to use our services or the late supply of the our services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

c. Use of this Website is at your own risk and provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents of Hired Solutions make any express or implied representation or warranty about the services or any products or services referred to on the Website. This includes, but is not limited to, any loss or damage you might suffer as a result of any of the following:
i. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
ii. the accuracy, suitability or currency of any information on the Website, our services, or any service related products (including third party material and advertisements on the Website); and iii. costs incurred as a result of you using the Website or our services.  

7. LIMITATION OF LIABILITY  
a. You expressly understand and agree that Hired Solutions, its affiliates, directors, officers employees, agents and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.  

8. TERMINATION  
a. These Terms shall continue to apply until terminated by either you or Us.  

b. You may terminate these terms by providing 14 days written notice of your intention to terminate these Terms via email to Us.  

c. We may terminate these Terms with you at any time if:
i. we deem that you have breached, or are threatening or intending to breach any provision of, these Terms;
ii. we  deem that we are required to do so by law;
iii. we deem that it is no longer commercially viable to have a commercial relationship with you.  

9. INDEMNITY  
a. You hereby agree to indemnify Hired Solutions, its affiliates, employees, directors, officers, agents or third party content providers from and against:  
i. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your breach of these Terms; and/or  
ii. any direct or indirect consequences of you accessing, using or transacting on our Website or any attempts to do so.  

10. DISPUTE RESOLUTION  
a. If a dispute arises out of or relates to these Terms, neither party may not commence any Tribunal or Court Proceedings in relation to the dispute, unless the following dispute resolution clauses have been complied with (except where urgent interlocutory relief is sought).  

b. If a party to these Terms claims that a dispute has arisen (a “Dispute”), that party must given written notice to the other party detailing the nature of the dispute, the desired outcome and the requested action to settle the Dispute (“Notice”).  

c. Upon receipt of a Notice, the receiving party must:  
i. Within 14 days of receipt of the Notice, act in good faith to expeditiously resolve the dispute through negotiations or any such other means that may be agreed between the parties;  
ii. If after 14 days from receipt of the Notice the Dispute has not been resolved to all parties satisfaction, the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or their nominee;  
iii. The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties shall each pay their own costs associated with the mediation;  
iv. The mediation shall be held in Sydney, Australia.   

d. All parties agree that any communications concerning negotiations made by the parties arising out of or in connection with dispute resolution clause 10 are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purposes of applicable laws of Evidence.   

e. Termination of mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.   

f. You agree that the exclusive venue for resolving any dispute in relation to these Terms shall be the courts of New South Wales, Australia.   

11. GOVERNING LAW  
a. These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.  

12. INDEPENDENT LEGAL ADVICE  
a. All parties to these Terms confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.  

13. SEVERANCE  
a. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Date enforced: 8 May 2022