Policies

Disclaimer
Privacy Policy
Terms and Conditions
Limitation of Liability

You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind.

To the maximum extent permissible by the law, we are not liable and responsible for any loss or damage, whether direct or indirect and however caused (including through negligence) that you may suffer in connection with your use of this Website or any linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website.

Your privacy is important to us...

Frontline Recruitment Group Pty Ltd, Frontline Recruitment Group NZ Pty Ltd, Frontline Recruitment Group NZ Limited, Express Services Inc, Express Employment Professionals AU Pty Ltd, (“Frontline”) in Australia and New Zealand and their related bodies corporate are committed to protecting the privacy of your personal information, including visitors to our websites. This policy outlines how we collect personal information and how we maintain, use, store and disclose the personal information we hold.

Frontline is bound by the Australian Privacy Principles ("APP") contained in the Privacy Act 1988 (Cth) (as amended) in Australia ("Australian Privacy Act"); by the Information Privacy Principles ("IPP") contained in the Privacy Act 2020 in New Zealand ("New Zealand Privacy Act") and by the General Data Protection Regulation (EU) 2016.679 (“GDPR”) in both Australia and New Zealand. Unless specified otherwise, a reference to ‘Privacy Act’ in this privacy policy is a reference to the respective Privacy Act in each of Australia and New Zealand. It is Frontline’s policy to respect the confidentiality of information and the privacy of individuals.
 
Frontline’s privacy policy will be reviewed and updated from time to time to ensure new laws and technology, changes to our operations and practices are reflected in the policy and it remains up to date in our changing business environment. The updated version of our privacy policy will take effect immediately upon publication (or, if applicable, on the date specified in the updated policy) Please regularly check our privacy policy so that you are aware of these updates and changes. If the changes are material, we may also take additional steps to bring the changes to your attention, as required by law, including by notifying you directly. All information we hold will be governed by the most current version of the Frontline privacy policy.
 
Frontline’s privacy policy is based on being open transparent at all times about how we manage personal information.

What is personal information?

Personal information is any information or an opinion (whether true or not) about an identifiable individual. It includes, for example, the opinions of others about an individual's work performance (whether true or not), work experience and qualifications, aptitude test results and other information obtained by us in connection with a franchise application.

What is sensitive information? (Australia Only)

Sensitive information is a special category of personal information in Australia. It includes information or an opinion about an individual's: racial or ethnic origin, political opinions, membership of political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or membership of a trade union, sexual preferences or practices, criminal record that in all cases is also personal information, biometric information, and health information about an individual (including information or an opinion about the health, including any illness, disability or injury (at any time) of an individual. The Australian Privacy Act protects the collection, use and disclosure of sensitive information. Where we require this information we will ask for your consent, unless otherwise allowed by the Australian Privacy Act.

Who will be collecting your personal information?

Frontline will collect your personal information, for our own use and on behalf of other members of Frontline who might require access to your personal information in connection with your franchise application.
 
The other members of Frontline are its related bodies corporate. Frontline will use your personal information, including any sensitive information, and disclose this to other members of Frontline in Australia or New Zealand in connection with your franchise application.

How will your information be collected?

Personal information will be collected about you when we receive:

  • a completed franchise application form or any other information in connection with your application to us. 
  • Any reference about you;
  • Results of inquires that we might make of your former; employees, work colleagues, professional associations or registration body;
  • The results of any competency or medical test or background check;
  • Performance feedback about you;
  • Financial information pertaining to you;
  • Any complaint from or about you in the workplace;
  • Any information on a workplace accident in which you are involved;
  • Information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved;
  • Any additional information about you that you provide us with.

What types of personal information do we collect?

The types of personal information we may collect includes:

  • Name;
  • Address;
  • Email address;
  • Telephone number;
  • Employment and business information;
  • Government identifiers;
  • Other employee contact information.

What general information do we collect from visitors to our websites?

We gather information about all of our website users collectively, such as what areas users visit more frequently and what services users access the most. We only use such data anonymously and in the aggregate. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall website experience for you.

Frontline websites include but are not limited to:

www.frontlinerecruitmentgroup.com.au

portal.frontlinerecruitmentgroup.com

www.frontlineretail.com.au

www.frontlineretail.co.nz

www.frontlinehospitality.com.au

www.frontlinehospitality.co.nz

www.frontlinehealth.com.au

www.frontlinehealth.co.nz

www.frontlineeducation.com.au

www.frontlineeducation.co.nz

www.frontlineeducation.co.nz

www.frontlineconstruction.com.au

www.frontlineconstruction.co.nz

www.frontlineitdigital.com.au

www.frontlineitdigital.co.nz

 

What will we use your personal information for?

Your personal information will be used in connection with:

  • your actual and possible franchise purchase or sale;
  • our assessment of your ongoing performance and prospects;
  • any test or assessment (including medical tests and assessments) that you might be required to undergo; our identification of your training needs;
  • our management of any complaint, investigation or inquiry in which you are involved;
  • any insurance claim or proposal that requires disclosure of your personal information; and
  • undertaking criminal or other background reference checks.
We only collect and use sensitive information where it is reasonably necessary to perform one of the above Frontline Services.

If you do not give us the information we seek it may limit our ability to deal with you.

Who do we disclose your personal information to?

We may disclose your personal information for the purposes for which it is primarily held or for a related secondary purpose or as otherwise permitted by applicable law and in some cases, we may only disclose information with your consent. People which we may disclose your personal information to, include:
  • Frontline franchisees whom are wanting to sell their franchise operation and trusted third parties;
  • Referees;
  • Frontline employees;
  • Our insurers;
  • A workers compensation body;
  • Our contractors and suppliers – e.g. our IT contractors and database engineers; and
  • Any person with a lawful entitlement to obtain the information (including where required or permitted by the Privacy Act (for either Australia or New Zealand) and GDPR).
If we disclose your personal information overseas, we will ensure that any such transfer of personal information will only be undertaken in compliance with applicable laws, including the relevant Privacy Acts.
 
We will not disclose sensitive information to third parties without your consent. We do not disclose information about your individual visits to the Frontline websites.
 

How do we manage personal information?

All Frontline staff are trained to understand their obligations in relation to the confidentiality of customer information and the privacy of individuals. Any breach of your privacy will be taken very seriously and may result in disciplinary action being taken, dependent upon the circumstances. Frontline has an appointed Privacy Officer, as listed in the Enquiries & Complaints section of this privacy policy, to ensure that our management of personal information is in accordance with this policy and the relevant Privacy Acts.
 

How do we store and protect personal information?

Safeguarding the privacy of your personal information is important to us, whether you interact with us personally, by phone, mail, over the internet or other electronic medium. We hold personal information in a combination of secure computer storage facilities and paper-based files and other records and take such steps as are reasonable in the circumstances to protect the personal information we hold from misuse, interference and loss, unauthorised access, modification or disclosure. We may need to maintain records for a significant period of time. However, when we consider information is no longer needed, we will remove any details that will identify you or we will securely destroy the records.

 
We may also store the personal information we collect with our ultimate holding company, Express Services, Inc in the United States in which case we confirm we will ensure they adhere to the same obligations that apply to us in this Privacy Policy.
 

How do we keep personal information accurate and up to date?

Frontline takes all reasonable steps to ensure that the personal information it holds and discloses is accurate, up to date and complete. We understand that information changes frequently eg. changes of address. We generally update your personal information over the telephone. Please advise us when your personal details change.

Enquiries & Complaints

You can make enquiries, requests to access or correct your information, or complain about alleged breaches of the relevant Privacy Acts to our Privacy Officer:

Privacy Officer

Frontline Recruitment Group

+ 61 2 8016 5400 privacy@frgteam.com

PO Box Q1359

QUEEN VICTORIA BUILDING NSW 1230

Complaints

We aim to acknowledge receipt of all complaints within 10 working days and aim to resolve all complaints within 30 working days. This may not be possible in all circumstances depending on the contents of the complaint. In this situation, we will respond to your complaint in a reasonable time. If you are not satisfied with our response to your complaint you may contact:

Australia

Office of the Australian Information Commissioner

GPO Box 5218

Sydney NSW 2002

Telephone: 1300 363 992

New Zealand

You can contact the Office of the Privacy Commissioner.

Access

Subject to some exceptions that are set out in both the New Zealand Privacy Act and the IPPs, you can gain access to the personal information that we hold about you.

 
To make a request to access your personal information, you will need to complete an application form to verify your identity and specify what information you require. Please contact our Privacy Officer for an application form. We will respond to your request within a reasonable period after the request is made and provide access to the information in the manner requested, if it is reasonable and practicable to do so.
 
We may impose a moderate charge in providing access (provided always that you will be entitled to obtain a copy electronically at no charge). Our Privacy Officer will discuss this with you. You should also anticipate that it may take time to process your application for access as there may be a need to retrieve information from storage and review it in order to determine what information is relevant.
 
If we refuse to provide you with access to your personal information, we will notify you in writing of the reasons for the refusal and the process for escalation regarding this refusal.
 

Correction

You may request that we correct the personal information that we hold about you if you deem it to be inaccurate, incomplete, out-of-date, irrelevant or misleading. We will take reasonable steps under the circumstances to correct the information.
 
If we refuse to correct your personal information, we will notify you in writing of the reasons detailing our refusal to correct the information and the process for escalation regarding this refusal. Should we refuse you may ask us to place with the information a statement that the information is inaccurate, incomplete, out-of-date, irrelevant or misleading and we will take such reasonable steps under the circumstances to associate the statement with your information. If you wish to exercise your rights of correction you should contact our Privacy Officer for an application form. We will not charge you for making the request to correct your information or associating a statement.
 

Opting “In” or “Out”

By clicking “I Agree” or any other button indicating your acceptance of this privacy policy, you expressly consent to the collection and use of your personal information in accordance with this privacy policy, although your consent to this privacy policy does not alter the terms of any specific consent that you may, or may have, separately provided. If you would like to opt out of our collection and/or processing, please contact us as provided above and we will respond in accordance with applicable law.
 
You may choose not to provide or have us collect your personal information. This may prevent us, for example, from assessing your franchise application or otherwise conducting business with you. We will let you know if this is the case.
 
If you have received information from us, including marketing, that you did not opt in or out to receive, you should contact us using the contact details set out in the Enquiries and Complaints section of this privacy policy.
 

Cookies

We may use temporary (session) cookies or permanent cookies when you access our website or other online platforms and/or services. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.
Deletion of personal information

 
In the event that you decide that you no longer want us to hold your personal information, you may notify us in writing of your desire for us to delete your personal information on record. We will use our best endeavours and comply with all legal requirements within a reasonable timeframe to delete or de-identify your personal information, unless we are permitted or required by law or a court order to retain such information.
 

Deletion of personal information

In the event that you decide that you no longer want us to hold your personal information, you may notify us in writing of your desire for us to delete your personal information on record. We will use our best endeavours and comply with all legal requirements within a reasonable timeframe to delete or de-identify your personal information, unless we are permitted or required by law or a court order to retain such information.

Franchise Applicant Privacy Policy 07102021

These Website Terms and Conditions (the “Agreement”) is a binding agreement between you and Frontline Recruitment Group Pty Ltd (ACN 078 126 851) Frontline Recruitment Group NZ Limited (CN 8146857) and their related entities (“Frontline”) (you and Frontline sometimes referred to as a “party” and collectively the “parties”).

General

This Agreement governs your use and access of Frontline’s proprietary website located at https://www.frontlinerecruitmentgroup.com/ including any sub-domains and affiliated sites thereof (the “Website”). Please read these terms carefully. You should also review our Privacy Policy before you use the Website. The Website provides users with access to information pertaining to Frontline’s staffing and job recruitment services (the “Services”).

By using the Website, you accept and agree to be bound by this Agreement as well as our Privacy Policy. You further agree to be bound by the End User License Agreement applicable to employers or job seekers (each, a “EULA”), as the case may be, which are incorporated herein. If you do not agree to be bound by these terms, do not use the Website. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the Website are subject to this Agreement. We may modify this Agreement from time to time. Any modifications will be effective immediately when we post them. We will take steps to notify users of any modifications; however, you are responsible for reviewing any modified terms. Your continued use of the Website following any changes means you accept and agree to such changes.

Intellectual Property

We hold rights under licence to the Website, and all intellectual property related to the Website, except for the Postings (as defined below). All content, organization, graphics, design, compilation and other matters related to or included on the Website or Services, except the Postings, are protected under applicable copyrights, trademarks, or other proprietary (including but not limited to intellectual property) rights and owned by us. Subject to your compliance with this Agreement and applicable EULA, we grant you a personal, non-exclusive, non-transferable, revocable permission to use the Website for the sole purpose of enabling you to use the Website in the manner provided by this Agreement and the EULA applicable to your registration (the “License”), which EULA further defines the scope of your License as it relates to the Website. Please review this Agreement and the EULA applicable to your use carefully.

No right, title or interest in or to the Website or any content on the Website is transferred to you other than the License. Frontline retains all rights not expressly provided to you and Frontline is and shall be the sole and exclusive licensed holder of the Website and Website content together with any and all improvements in, modifications to, and/or derivative works thereof, including all intellectual property rights therein, whether or not developed, conceived and/or actually reduced to practice by Frontline solely or jointly with you or otherwise; you hereby grant, assign and transfer to Frontline, without the requirement of additional consideration, all right, title and interest (whether past, present or future) in and to the same.

Other than for the purposes of printing one hard copy of the material on this Website for non-commercial use, research, criticism or review, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) in Australia and Copyright Act 1994 in New Zealand and any similar legislation which applies in your location, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Website, in whole or in part. Your License does not grant you the right to re-use content or materials from the Website unless expressly stated otherwise. Except as otherwise expressly permitted under law, no copying, redistribution, retransmission, publication, or commercial exploitation of Website material will be permitted without the Frontline permission of Frontline or the applicable content owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Unless otherwise agreed to by Frontline in writing, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Website; (iii) access the Website by any means other than through the interface that is provided by us; (iv) use the Website in any manner that could damage, disable, overburden, or impair the Website (e.g., you may not access the Website in an automated manner by use of “spiders,” “robots” or otherwise), nor use the Website in any manner that could interfere with any other party’s use and enjoyment of the Website; or (v) retrieve and/or store in electronic or any other form any material part of the databases underlying the Website.

Trade marks

Frontline is the exclusive holder of the Frontline name and logos, as well as all related names, logos, product and service names within Australia and New Zealand. Such names, designs and slogans are our trade marks and you must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners the use of which require their prior consent.

Website Access and Account Security

By using the Website, you represent and warrant that you are 18 years of age or older. If you are not 18 years of age or older, you must not access or use the Website. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of the terms and conditions of this Agreement and the applicable EULA and comply with the same.

To access the Website or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current and complete and you represent and warrant that the information you provide to us or on the Website is true and accurate and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement or an applicable EULA. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Postings

The Website may permit you to post, submit, transmit, email, or otherwise make available on the Website questions, comments, data, content or information (collectively, “Postings”). You may only submit Postings that you create or that you have permission to submit and that do not violate rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known, and to sublicense such rights through multiple tiers of sublicenses as may be required to provide the Services to you and others.

You agree not to upload, post, submit, email, transmit, or otherwise make available any Postings that: (i) contain falsehoods or misrepresentations that could damage Frontline or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting; (vii) contain materials with protected copyright, trademark patent or other intellectual property rights unless you are the owner of such material or have license from the owner of any such proprietary rights to provide the materials; (viii) you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) that otherwise violate this Agreement or the EULA. We are not responsible for Postings. All liabilities resulting from Postings remain with their respective originator(s).

We do not and are not obligated to pre-screen content submitted on the Website or through the Services, but we do have the right (but not the obligation) in our sole discretion to refuse or remove any content that is made available via the Website by any user that we feel violates the Agreement, an applicable EULA or is otherwise objectionable.

Advertisers and Links

We may include advertisements on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Website, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any questions, complaints, or claims should be directed to the appropriate advertiser or third party vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party vendors or advertisers, including information providers, or any other end users are those of the respective author(s) or distributors) and not ours.

The Website may provide, or third parties may provide, links to other sites. These links are provided solely as a convenience to you and not as an endorsement by Frontline of the contents on such third-party sites and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party sites. Because Frontline has no control over such sites, you acknowledge and agree that Frontline is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that Frontline shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Frontline. You should follow the link to the terms of use on the appropriate page for such sites to determine which company’s terms of use govern such sites.

Anyone linking to the Website must comply with the following guidelines and all applicable laws: any and all links are prohibited from (i) from showing, reproducing, or replicating any Website content that requires a username, password or other security measure to access; (ii) creating a browser, frame or border environment around any Website content; (iii) implying that Frontline is endorsing it or its products; (iv) misrepresenting a relationship with Frontline; (v) presenting false or misleading information about Frontline; (vi) using any Frontline trademarks, trade names, or logos without permission from Frontline; and (vii) containing content that is reasonably considered profanity, defamatory, vulgar, offensive, or otherwise unlawful.

Violation of Third Party Intellectual Property Rights

If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us at the information below and provide us with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorised to act on the owner’s behalf. By allowing such inquiries, Frontline assumes no obligations under law applicable to internet service providers.

DISCLAIMER AND LIMITATION OF LIABILITY.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. FRONTLINE, TOGETHER WITH ITS AFFILIATES, PARENT COMPANIES, AND SUBSIDIARIES, TOGETHER WITH ALL OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS AND DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, FRONTLINE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS WELL AS WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE PROVISION OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (iii) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE USE OF THE WEBSITE; (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; or (vi) THE WEBSITE OR USE THEREOF WILL ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

YOU ACKNOWLEDE AND AGREE THAT FRONTLINE OFFERS THE WEBSITE FREE OF CHARGE AND, AS A RESULT, THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF THE WEBSITE. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE WEBSITE. THE ENTIRE RISK FOR USE OF THE WEBSITE IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OR ALL OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, USE OF OR INABILITY TO ACCESS THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE WEBSITE. IN NO WAY LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL ANY OF THE RELEASED PARTIES AGGREGATE LIABILITY FOR A CLAIM ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE EXCEED THE ACTUAL AMOUNT OF EXPENSES ACTUALLY INCURRED BY YOU AND DIRECTLY RELATED TO YOUR ACCESS TO THE WEBSITE FROM WHICH A CLAIM ARISES OR $100.00, WHICHEVER IS GREATER.

You agree the foregoing disclaimers and limitations of liability apply with regard to any claim related to and/or arising out of the Website or use thereof notwithstanding anything to the contrary herein or in another agreement among you and Frontline. Some jurisdictions do not allow some or all of the foregoing limitations of liability or disclaimer of warranties, so some or all of the foregoing may not apply to you, in which case the liability shall be limited and warranties disclaimed to the maximum amount permissible under applicable law.

Indemnification

You agree to indemnify and hold the Released Parties harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable legal fees and costs of litigation, arising out of or otherwise related to your use of the Website, a breach by you of this Agreement, your Postings, your violation of any rights of another party, or any other damage caused by your use of the Website.

Choice of Law, Venue and Class Action Waiver

The Agreement and the relationship between you and Frontline is governed by the laws in Australia and New Zealand (whichever is applicable to your location or if not clear, at the election of Frontline) without regard to any conflict of law provisions. For any dispute regarding this Agreement or the Website, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Australia and New Zealand (whichever is applicable to your location or if not clear, at the election of Frontline). Any proceedings to resolve or litigate any dispute regarding the Agreement or Website will be conducted solely on an individual basis. You agree that you will not seek to have any dispute heard as a class action, or in any other proceeding in which a party acts or proposes to act in a representative capacity. We agree to the same.

Waiver & Severability

If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the other provisions of this Agreement shall remain in full force and effect. The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. The non-enforcement of any provision of this Agreement shall not be construed to constitute a waiver of any breach of this Agreement.

Adherence to Law

You agree to comply with any and all applicable laws, codes, or regulations governing your use of the Website or Services. If you are located outside Australia or New Zealand, then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Website, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this Agreement enforceable.

Entire Agreement

This Agreement, together with the EULA applicable to you and the Privacy Policy, constitute the entire agreement between you and Frontline regarding the Website and govern your use of the Website (the “Website Terms”), superseding any prior agreements regarding the same. Please note, however, that some or all of the Services you receive from Frontline may have additional or different terms related to such Services (“Service Terms”), which are in addition to the Website Terms. If there is any conflict between the Website Terms and Service Terms, the Service Terms will govern with respect to that particular Service unless expressly stated otherwise in the Website Terms. Headings are used for convenience only and shall have no substantive meaning or impact on the interpretation of the Website Terms.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to the following contact information:

Privacy Officer
Frontline Recruitment Group
02 8016 5400
privacy@frgteam.com
GPO Box 3893
SYDNEY NSW 2001

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