1.1. Magna Path Direct Pty. Ltd (631092576) (hereinafter referred to as “us”, “we” or “our”) owns and operates this website at www.magnapath.com.au (the “Website”).

1.2. The following terms and conditions of use (the “Terms”) govern access to the Websites, App and the use of the Website by any user (hereinafter “you”). By using the Website you agree to, at all times, acceptance of these Terms and the Privacy (the “Policies”), as well as any present or future guideline or rules which may apply to your use of the Website. You also shall be subject to any applicable laws, either local to us or to your own region.

1.3. If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access the Website or use any part of the Service. We reserve the right to amend, change, update or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.

2.1. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

2.2. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

2.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or any content on the Website without express written permission by us.

3.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

3.2. Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips and written and other materials is our property and is protected by Australian and international copyright laws. The compilation of this Website is our exclusive property and is protected by Australian and international copyright laws.

3.3. Any unauthorized use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

3.4. All trademarks, service marks and trade names (collectively the “Marks”) that appear on this Website are owned by us. You may not display or reproduce the Marks in any manner without our prior written consent, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website.

4.1. We have taken every care in the preparation of the content of this Website. However, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

4.2. We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

5.1. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• (a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• (b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • (i) loss of income or revenue;
  • (ii) loss of business;
  • (iii) loss of profits or contracts;
  • (iv) loss of anticipated savings;
  • (v) loss or corruption of data;
  • (vi) loss of goodwill;
  • (vii) wasted management or office time; and
  • (viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

5.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

7.1. Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

7.2. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

7.3. You can use the Website to upload a “CV” or “resume in order to explore and apply for job opportunities with us. For purposes of this Agreement, references to “resume” or “CV” shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person’s experience and qualifications.

7.4. You agree that if you have provided us with your resume/CV that we may share such information with any subsidiaries, affiliates and contractors we work with who may be interested in candidates who have shown an interest in roles similar to the type that you have searched for or applied to or through which we recruit candidates.

8.1. We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to you in order to use the Website and screen out anything that may damage it.

8.2. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

8.3. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

8.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

9.1. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

9.2. You must not establish a link from any website that is not owned by you.

9.3. We reserve the right to withdraw linking permission without notice.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If any part of these Terms is found to be void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions.

These Terms are governed by the laws of Queensland, Australia and the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.