Terms and Conditions


Terms and Conditions

Last Updated: 1st December 2016

Terms of Use


This website with URL address www.imprespeople.net is owned and operated by Improvement Resources Pty Ltd (ACN 147 994 189). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Improvement Resources Pty Ltd’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The term ‘Improvement Resources Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to Improvement Resources Pty Ltd, the owner of the website, whose registered office is ACN 147 994 189, Western Australia. The term ‘you’ or ‘your’ refers to the website user.

Description of the Services

ImpRes People facilitates professional services between industry practitioners ("Professionals") and Clients. ImpRes People's Site enables ImpRes People’s Clients to search for and engage Professionals, manage projects and collaborate on projects. The Site enables ImpRes People Professionals to manage their profiles and search for suitable projects. The Site provides compliance and account management tools and resources to both Customers and Experts.

Your use of this website is subject to the following terms and conditions:

Permitted Use

You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

Your use of this website and any dispute arising out of your use of it is subject to the laws of Western Australia.

Introduction Fees

Clients shall commit to making any and all payments for work performed by any Professional introduced to them through ImpRes People, exclusively through the ImpRes People platform for the twelve (12) month period following the date of introduction to the Professional.

Professionals shall commit to receiving any and all payments for work performed for any Client introduced to them through ImpRes People, exclusively through the ImpRes People platform for the twelve (12) month period following the date of introduction to the Client.

Clients, your employees, agents, representatives or its related entities must not offer to employ, engage, solicit, induce, entice, or otherwise enter or attempt to enter into a contract for reward (directly or indirectly) with Professionals for the performance of services, in any way other than through the ImpRes People platform, unless you pay ImpRes People the Introduction Fee in accordance with this Policy. This applies whether or not you already know the Professional.

In the event that a Client directly hires a Professional, the Client shall pay ImpRes People an Introduction Fee as follows:
  • If the Professional has not worked for the Client through the ImpRes People platform or has worked for the Client through the ImpRes People platform for less than 3 months, 15% of the Professional's first-year salary (or the total first-year of service fees if engaged as an independent contractor) will be due on the new hire's start date; or
  • If the Professional has worked for the Client through the ImpRes People platform for 3 months or more, the Introduction Fee will reduce by 1 percentage point for each month over 3 months down to a minimum of 5%

Privacy

Any information that you provide to ImpRes People is subject to our Privacy Policy, which governs our collection and use of your information.

User Content

The content of this website is for your general information and use only. It is subject to change without prior notice.

Some of the content that can be viewed on our Site is created and developed by Professionals including Professional biographies and employment information.  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

Our Rights

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
  • satisfy any applicable law, regulation, legal process or governmental request,
  • enforce these Terms, including investigation of potential violations hereof,
  • detect, prevent, or otherwise address fraud, security or technical issues,
  • respond to user support requests, or
  • protect the rights, property or safety of SpareHire, its users, and the public

Intellectual Property

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

Disclaimers

This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Limitations of Liability

To the maximum extent permitted by applicable law, our entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible loses, resulting from:
  • Your access to or use of or inability to access or use the website;
  • Any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
  • Any content obtained from the services; or
  • Unauthorised access, use or alteration of your transmissions or content.

In no event shall the aggregate liability of our entities exceed the greater of one hundred Australian dollars (AU$100) or the amount you paid ImpRes People, if any, in the past six months for the services giving rise to the claim.

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

Warranties

These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.

Updates to Our Terms of Use

These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
Last Updated: 1st December 2016

Client Terms


All contracts that the Consultant may enter into from time to time for the provision of consultancy services shall be governed by these Terms and Conditions, and the Consultant will ask the Client for the Client's express written acceptance of these Terms and Conditions before providing any services to the Client.

  1. Definitions

  2. Except to the extent expressly provided otherwise, in these Terms and Conditions:
    1. "Charges" means the following amounts:
      1. the amounts specified in the agreed Contract of Work
      2. such amounts as may be agreed in writing by the parties from time to time; and
      3. amounts calculated by multiplying the Consultant's time-based charging rates (as notified by the Consultant to the Client before the date of a contract under these Terms and Conditions) by the time spent by the Consultant's personnel performing the Services
    2. "Client" means the person or entity identified as such in the Contract of Work;
    3. "Client Materials" means all works and materials supplied by or on behalf of the Client to the Consultant for incorporation into the Deliverables or for some other use in connection with the Services;
    4. "Consultant" means Improvement Resources Pty Ltd having its principal place of business at Level 3, 131 St Georges Terrace, Perth;
    5. "Deliverables" means those deliverables specified in the Contract of Work that the Consultant has agreed to deliver to the Client under these Terms and Conditions;
    6. "Effective Date" means the date of execution of a Contract of Work incorporating these Terms and Conditions;
    7. "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
    8. "Services" means the consultancy services specified in the Contract of Work;
    9. "Contract of Work" means a Contract of work agreed by the parties and incorporating these Terms and Conditions by reference;
    10. "Term" means the term of a contract under these Terms and Conditions, commencing in accordance with Clause 2.a and ending in accordance with Clause 2.b;
    11. "Terms and Conditions" means these terms and conditions, including any amendments to these terms and conditions from time to time; and
    12. "Third Party Materials" means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party, and which are specified in the Contract of Work or which the parties agree in writing shall be incorporated into the Deliverables.


  3. Term

    1. A contract under these Terms and Conditions shall come into force upon the Effective Date.
    2. A contract under these Terms and Conditions shall continue in force until:
      1. all the Services have been completed;
      2. all the Deliverables have been delivered; and
      3. all the Charges have been paid in cleared funds,
      upon which it will terminate automatically, subject to termination in accordance with Clause 9.
    3. Unless the parties expressly agree otherwise in writing, each Contract of Work shall create a distinct contract under these Terms and Conditions.

  4. Services

    1. The Consultant shall provide the Services to the Client in accordance with these Terms and Conditions.
    2. The Consultant shall provide the Services with reasonable skill and care.

  5. Deliverables

    1. The Consultant shall deliver the Deliverables to the Client.
    2. The Client must promptly, following receipt of a written request from the Consultant to do so, provide written feedback to the Consultant concerning the Consultant's proposals, plans, designs and/or preparatory materials relating to the Deliverables and made available to the Client with that written request.
    3. The Consultant shall use its best endeavours to ensure that the Deliverables are delivered to the Client in accordance with the timetable set out in the Contract of Work.
    4. The Consultant warrants to the Client that the Deliverables will conform with the requirements of the Contract of Work;
    5. The Consultant warrants to the Client that the Deliverables will not:
      1. breach the provisions of any law, statute or regulation;
      2. infringe any third party's Intellectual Property Rights; or
      3. give rise to any cause of action against the Client.

  6. Charges

    1. The Client shall pay the Charges to the Consultant in accordance with these Terms and Conditions.
    2. All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable Goods and Services Tax (“GST”) or other value added taxes howsoever described, which will be added to those amounts and payable by the Client to the Consultant.

  7. Payments

    1. The Consultant shall issue invoices for the Charges to the Client at any time after the relevant Services have been delivered to the Client.
    2. The Client must pay the Charges to the Consultant within the period of 30 days following the issue of an invoice.
    3. The Client must pay the Charges by bank transfer using such payment details as notified by the Consultant to the Client from time to time.
    4. If the Client does not pay any amount properly due to the Consultant under these Terms and Conditions, the Consultant may:
      1. charge the Client interest on the overdue amount at the rate of 4% per annum above the Westpac base rate from time to time which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month.

  8. Intellectual Property Rights

    1. All intellectual Property Rights created by the Consultant under this contract remain the exclusive property of the Consultant, and the Client agrees and acknowledges that the Consultant retains all rights to such intellectual property created.
    2. The Consultant grants the Client an exclusive, non-transferrable, royalty free license to use the Intellectual Property Rights in the Client’s business.

  9. Warranties

    1. The Consultant warrants to the Client that:
      1. the Consultant has the legal right and authority to enter into a contract under these Terms and Conditions and to perform its obligations under these Terms and Conditions;
      2. the Consultant will comply with all applicable legal and regulatory requirements applying to the exercise of the Consultant's rights and the fulfilment of the Consultant's obligations under these Terms and Conditions;
    2. The Client warrants to the Consultant that it has the legal right and authority to enter into a contract under these Terms and Conditions and to perform its obligations under that contract.
    3. All of the parties' warranties and representations in respect of the subject matter of a contract under these Terms and Conditions are expressly set out in these Terms and Conditions and the applicable Contract of Work. Subject to Clause 8.a, no other warranties or representations will be implied into that contract and no other warranties or representations relating to the subject matter of that contract will be implied into any other contract.

  10. Limitations and exclusions of liability

    1. Nothing in a contract under these Terms and Conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Clause 8 and elsewhere in a contract under these Terms and Conditions:
      1. are subject to Clause 8.a; and
      2. govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
    3. Notwithstanding any other provision of this Contract, the Contractor shall not under any circumstances be liable to the Client under, arising out of or in any way connected with this Contract or for any indirect or consequential loss or damage whether arising in contract or tort (including negligence or breach of any statutory duty). For the purposes of this paragraph 8.3 consequential loss includes, but is not limited to any delay in or obligation or inability to provide Services, lost production, loss of use, loss of revenue or loss of profits, loss of business, contracts or opportunities, loss of or corruption of any data, database or software, howsoever arising.

  11. Termination

    1. Either party may terminate a contract under these Terms and Conditions by giving to the other party at least 30 days' written notice of termination.
    2. Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
    3. Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if the other party:
      1. is dissolved;
      2. ceases to conduct all (or substantially all) of its business;
      3. is or becomes unable to pay its debts as they fall due;
      4. is or becomes insolvent or is declared insolvent; or
      5. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
    4. Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
    5. Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under that contract);

  12. Effects of termination

    1. Upon the termination of a contract under these Terms and Conditions, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 6.b, 6.c, 6.d, 8, 10, 11.b and 13.
    2. The termination of a contract under these Terms and Conditions shall not affect the accrued rights of either party.

  13. Status of Consultant

    1. The Consultant is not an employee of the Client, but an independent contractor.
    2. The termination of a contract under these Terms and Conditions will not constitute unfair dismissal; nor will the Consultant be entitled to any compensation payments, redundancy payments or similar payments upon the termination of a contract under these Terms and Conditions.

  14. Subcontracting

    1. The Consultant must not subcontract any of its obligations under a contract under these Terms and Conditions without the prior written consent of the Client, providing that the Client must not unreasonably withhold or delay the giving of such consent.
    2. The Consultant shall remain responsible to the Client for the performance of any subcontracted obligations.

  15. General

    1. No breach of any provision of a contract under these Terms and Conditions shall be waived except with the express written consent of the party not in breach.
    2. If any provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of that contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
    3. A contract under these Terms and Conditions may not be varied except by a written document signed by or on behalf of each of the parties.
    4. Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
    5. A contract under these Terms and Conditions is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to a contract under these Terms and Conditions are not subject to the consent of any third party.
    6. Subject to Clause 8.1, a Contract of Work, together with these Terms and Conditions, shall constitute the entire agreement between the parties in relation to the subject matter of that Contract of Work, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
    7. A contract under these Terms and Conditions shall be governed by and construed in accordance with Australian law.
    8. The courts of Australia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with a contract under these Terms and Conditions.
Last Updated: 1st December 2016

Privacy Policy


ImpRes respects the right to privacy and is committed to safeguarding the privacy of our clients, staff and website visitors. This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

We adhere to the Australian privacy principals established in the Privacy Act 1988.

This policy sets out how we collect, store and release your personal information.

What personal information do we collect from the people that visit our website?

When registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, salary, superannuation or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our website in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To quickly process your transactions.

Publicity campaigns:

Personal information, photos, logos will only be used by us after obtaining an individual’s or organisations permission.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • Understand and save user's preferences for future visits.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled. It won't affect the user's experience that make your site experience more efficient.

Third-party disclosure:

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

Third-party links:

We do not include or offer third-party products or services on our website.

We agree to the following:

  • Users can visit our site anonymously.
  • Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
  • Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.
  • You will be notified of any Privacy Policy changes on our Privacy Policy Page
  • You can change your personal information by logging in to your account
  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioural tracking?

It's also important to note that we do not allow third-party behavioural tracking

In case of a data breach:

We will notify you via email within 7 business days

Unsubscribe:

If at any time you would like to unsubscribe from receiving future emails, you can email us at contactus@impres.net.au and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, or you would like to make a complaint, you may contact us using the information below.

www.imprespeople.net
Level 3, 131 St Georges Terrace
Perth, Western Australia 6000
Australia
contactus@impres.net.au