Terms & Conditions

By using, browsing or otherwise accessing any part of Pinnacle HR’s Website the User agrees to be bound by the Website Terms and Conditions and by the Privacy Policy.

1. Where used in the Website Terms and Conditions the following words shall have the following meanings respectively: a) “Parties” mean the parties to the Website Terms and Conditions; namely, the Pinnacle HR and the User; b) “Privacy Policy” means the privacy policy that is located on Pinnacle HR’s Website on the privacy policy page; c) “User” means any person using, browsing or otherwise accessing Pinnacle HR’s Website; d) “Pinnacle HR” (54 507 165 001); e) “Pinnacle HR’s Website” means all pages of the website on which the Website Terms and Conditions appear; and, f) “Website Terms and Conditions” means these website terms and conditions

2. The User represents, warrants and agrees that:

They have read and understood the Website Terms and Conditions and the Privacy Policy.  By accessing, browsing or otherwise using Pinnacle HR’s Website the User shall be bound not only by the terms and conditions of the Website Terms and Conditions but also by the terms and conditions of the Privacy Policy.

They access, browse and otherwise use Pinnacle HR’s Website at their own risk and that Pinnacle HR’s Website is subject to change without prior notice and that it may contain errors.
Pinnacle HR gives no warranty nor does it make any representation: a) as to the availability or otherwise from time to time of Pinnacle HR’s Website (or of any particular parts or functions thereof); or, b) that Pinnacle HR’s Website will be free from defects in its operation or design Pinnacle HR does not make any warranties, representations or guarantees as to:  (A) The safety of the User’s computer or computer systems when accessing, browsing or otherwise using Pinnacle HR’ Website; or (b) The accuracy, completeness, currency or suitability of any details, information or other things of any nature whatsoever appearing on Pinnacle HR’s Website: And Pinnacle HR shall not be liable for any loss of or corruption or damage to any such computer or computer systems (or for any loss of or damage to any data stored thereon or elsewhere) or for any other loss or damage of any nature whatsoever (whether any such loss, damage or corruption arises in or from tort, breach of contract, negligence or otherwise) in any way arising from or related to use by the User or by any other person of Pinnacle HR’s Website or of any material contained on Pinnacle HR’s Website from time to time.

The User shall exercise all reasonable judgment in the use of any material that the User obtains from Pinnacle HR’s Website or otherwise provided by Pinnacle HR (including all reasonable judgment as to the currency or otherwise of the material).

The information, materials and services in and on Pinnacle HR’s Website are for general information purposes only. Pinnacle HR’s Website does not contain legal or other professional support or information, materials or services that are intended to be comprehensive. The User is responsible for determining the validity, quality and relevance of any information, material or service and to obtain appropriate independent support before acting or relying on any of it to ensure that it meets the User’s particular requirements.

Cookies may be used on Pinnacle HR’s website to gather data in relation to the website and the User’s use of the website, and the User consents to this (although the User may be able to disable cookies on their web browser).

Given the nature of the internet, Pinnacle HR cannot guarantee that any transmissions of data to Pinnacle HR’s Website are totally secure.  Whilst Pinnacle HR takes precautions to protect information, Pinnacle HR does not warrant and cannot ensure the security of any information the User transmits via Pinnacle HR’s Website. The User therefore transmits to this website at the User’s own risk.
Pinnacle HR hereby grants to the User a non-exclusive and non-transferable license to use Pinnacle HR’s Website for the User’s personal use and the said license may be revoked by Pinnacle HR at its discretion at any time.  The aforesaid personal use is subject to provisions of the Website Terms and Conditions.

The User shall and hereby does indemnify Pinnacle HR (along with its officers, employees, agents  and sub-contractors) in respect of all loss, damage, cost and expense (including legal fees on a full indemnity or solicitor and own client basis, whichever is the greater) arising from or in any way related to: a) any breach of the Website Terms and Conditions on the part of the User; and, b) the User’s use in any manner whatsoever of Pinnacle HR’s Website or of any information, material or service contained in or on Pinnacle HR’s Website from time to time.

3. Pinnacle HR’s Website may contain or display links to other websites and / or third party advertising or content. Pinnacle HR provides or shows those links and / or third party adverting or content as a point of reference which may or may not be of relevance to the User. Pinnacle HR does not provide any endorsement of any website to which it links or any third party advertising or content appearing on Pinnacle HR’s Website, or as to the goods, services or other material shown or advertised on Pinnacle HR’s Website or on any website to which it links.  If the User accesses, browses or otherwise uses any websites to which Pinnacle HR links then the User does so at their own risk and Pinnacle HR is not responsible for and will not be held liable in respect of the content or operation of such websites or any of the goods, services or other material shown or advertised on those websites. Any websites to which Pinnacle HR links are
not governed by the Website Terms and Conditions.  The User is not permitted to link to Pinnacle HR’s Website without Pinnacle HR’s written consent

4. Pinnacle HR is the owner or licensee of all intellectual property rights (including but not limited to any copyright, patents and other intellectual property rights) that exist in or on Pinnacle HR’s Website, or is otherwise permitted by the owner of such rights to use all material that appears on Pinnacle HR’s Website.  This includes without limitation the design, layout, look, appearance and graphics in or on Pinnacle HR’s Website.

The User must not in the absence of Pinnacle HR’s written consent to the contrary: a) copy, modify or transmit any of the content of Pinnacle HR’s Website (whether appearing visually on the website or in its code or source code or otherwise); b) act in a manner that is inconsistent with or in breach of the said intellectual property or rights in relation thereto; or, c) download (other than page caching) or modify Pinnacle HR’s Website or any part thereof.

5. Pinnacle HR’s Website may contain graphics, logos, trademarks, designs, text, icons (including variations and arrangements thereof) of or related to Pinnacle HR or third parties and the use of these may be protected by law.  The User must not in breach of any laws or in breach of the rights of Pinnacle HR or third parties use any graphics, logos, trademarks, designs, text, icons (including variations and arrangements thereof) of or related to Pinnacle HR or third parties which appear on Pinnacle HR’s Website

6.The User may view Pinnacle HR’s Website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, provided always that the User must not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written permission of the owner of the copyright in that material

7. Pinnacle HR may from time to time at its discretion update, amend or otherwise vary the Website Terms and Conditions and the Privacy Policy.

On each occasion on which the User uses, browses or otherwise accesses Pinnacle HR’s Website in any manner whatsoever the User agrees to be bound by the Website Terms and in their then current form.

8. In the consideration of the Website Terms and Conditions: a) words importing the singular shall (where appropriate) mean and include the plural and vice versa; b) words importing any one gender shall (where appropriate) mean and include the other gender and vice versa; c) words importing a natural person shall (where appropriate) mean and include corporations and vice versa; d) where a word or phrase is defined, its other grammatical forms have a corresponding meaning; e) neither the Website Terms and Conditions nor the Privacy Policy shall be considered to the disadvantage of Pinnacle HR merely because it was prepared by Pinnacle HR or by its legal advisors; and, f) notwithstanding anything to the contrary that may be contained in the Website Terms and Conditions Pinnacle HR is and continues to be subject to any conditions and warranties implied by legislation, regulations, rules and requirements of law  but only to the extent that they cannot lawfully be excluded.

9. No failure to exercise and no delay in exercising, any right, power or remedy by Pinnacle HR under the Website Terms and Conditions shall operate as a waiver.  A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.  A waiver is not valid or binding on Pinnacle HR unless made in writing

10. If any provision of the Website Terms and Conditions be held unenforceable or in conflict with the laws of a relevant jurisdiction or be invalid then it shall be read down to the minimum extent necessary to render it enforceable and valid and, if incapable of being read down, it will be severed from the remainder of the Website Terms and Conditions which agreements shall then be considered so to give full effect to the purpose or intent of the Website Terms and Conditions.

11. The Website Terms and Conditions shall be governed and construed in accordance with the laws for the time being in force in the State of South Australia as shall the use of Pinnacle HR’s Website and of any material on Pinnacle HR’s Website.  The parties submit to the exclusive jurisdiction of the Victorian Courts including Courts of Appeal